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, 2152.19,

3

2152.22, 2152.71, 2152.82, 2152.83, 2152.84,

4

2301.03, 2927.02, 2950.01, 2950.04, 2950.09,

5

2950.14, 5139.05, 5139.06, 5139.50, and 5139.53 of

6

the Revised Code to revise the Juvenile Law to

7

revise the Sex Offender Registration and

8

Notification Law as it applies to delinquent

9

children, to revise the duties of the Muskingum

10

County domestic relations judge to be elected in

11

2002, and to declare an emergency.

12

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

Section 1. That sections 2151.18, 2151.28, 2151.314,	13
2151.354, 2151.38, 2151.87, 2152.10, 2152.13, 2152.14, 2152.16,	14
2152.17, 2152.18, 2152.19, 2152.22, 2152.71, 2152.82, 2152.83,	15
2152.84, 2301.03, 2927.02, 2950.01, 2950.04, 2950.09, 2950.14,	16
5139.05, 5139.06, 5139.50, and 5139.53 of the Revised Code be	17
amended to read as follows:	18

Sec. 2151.18.  (A) The juvenile court shall maintain records	19
of all official cases brought before it, including, but not	20
limited to, an appearance docket, a journal, and records of the	21
type required by division (A)(2) of section 2151.35 of the Revised	22
Code. The parents, guardian, or other custodian of any child	23
affected, if living, or the nearest of kin of the child, if the	24
parents would be entitled to inspect the records but are deceased,	25
may inspect these records, either in person or by counsel, during	26
the hours in which the court is open.	27

(B) Not later than June of each year, the court shall	28
prepare an annual report covering the preceding calendar year	29
showing the number and kinds of cases that have come before it,	30
the disposition of the cases, and any other data pertaining to the	31
work of the court that the juvenile judge directs. The court	32
shall file copies of the report with the board of county	33
commissioners. With the approval of the board, the court may	34
print or cause to be printed copies of the report for distribution	35
to persons and agencies interested in the court or community	36
program for dependent, neglected, abused, or delinquent children	37
and juvenile traffic offenders. The court shall include the	38
number of copies ordered printed and the estimated cost of each	39
printed copy on each copy of the report printed for distribution.	40

Sec. 2151.28.  (A) No later than seventy-two hours after the	41
complaint is filed, the court shall fix a time for an adjudicatory	42
hearing. The court shall conduct the adjudicatory hearing within	43
one of the following periods of time:	44

(1) Subject to division (D)(C) of section 2152.13 of the	45
Revised Code and division (A)(3) of this section, if the complaint	46
alleged that the child violated section 2151.87 of the Revised	47
Code or is a delinquent or unruly child or a juvenile traffic	48
offender, the adjudicatory hearing shall be held and may be	49
continued in accordance with the Juvenile Rules.	50

(2) If the complaint alleged that the child is an abused,	51
neglected, or dependent child, the adjudicatory hearing shall be	52
held no later than thirty days after the complaint is filed,	53
except that, for good cause shown, the court may continue the	54
adjudicatory hearing for either of the following periods of time:	55

(a) For ten days beyond the thirty-day deadline to allow any	56
party to obtain counsel;	57

(b) For a reasonable period of time beyond the thirty-day	58
deadline to obtain service on all parties or any necessary	59
evaluation, except that the adjudicatory hearing shall not be held	60
later than sixty days after the date on which the complaint was	61
filed.	62

(3) If the child who is the subject of the complaint is in	63
detention and is charged with violating a section of the Revised	64
Code that may be violated by an adult, the hearing shall be held	65
not later than fifteen days after the filing of the complaint.	66
Upon a showing of good cause, the adjudicatory hearing may be	67
continued and detention extended.	68

(B) At an adjudicatory hearing held pursuant to division	69
(A)(2) of this section, the court, in addition to determining	70
whether the child is an abused, neglected, or dependent child,	71
shall determine whether the child should remain or be placed in	72
shelter care until the dispositional hearing. When the court	73
makes the shelter care determination, all of the following apply:	74

(1) The court shall determine whether there are any	75
relatives of the child who are willing to be temporary custodians	76
of the child. If any relative is willing to be a temporary	77
custodian, the child otherwise would remain or be placed in	78
shelter care, and the appointment is appropriate, the court shall	79
appoint the relative as temporary custodian of the child, unless	80
the court appoints another relative as custodian. If it	81
determines that the appointment of a relative as custodian would	82
not be appropriate, it shall issue a written opinion setting forth	83
the reasons for its determination and give a copy of the opinion	84
to all parties and the guardian ad litem of the child.	85

The court's consideration of a relative for appointment as a	86
temporary custodian does not make that relative a party to the	87
proceedings.	88

(2) The court shall comply with section 2151.419 of the	89
Revised Code.	90

(3) The court shall schedule the date for the dispositional	91
hearing to be held pursuant to section 2151.35 of the Revised	92
Code. The parents of the child have a right to be represented by	93
counsel; however, in no case shall the dispositional hearing be	94
held later than ninety days after the date on which the complaint	95
was filed.	96

(C)(1) The court shall direct the issuance of a summons	97
directed to the child except as provided by this section, the	98
parents, guardian, custodian, or other person with whom the child	99
may be, and any other persons that appear to the court to be	100
proper or necessary parties to the proceedings, requiring them to	101
appear before the court at the time fixed to answer the	102
allegations of the complaint. The summons shall contain the name	103
and telephone number of the court employee designated by the court	104
pursuant to section 2151.314 of the Revised Code to arrange for	105
the prompt appointment of counsel for indigent persons. A child	106
alleged to be an abused, neglected, or dependent child shall not	107
be summoned unless the court so directs. A summons issued for a	108
child who is under fourteen years of age and who is alleged to be	109
a delinquent child, unruly child, or a juvenile traffic offender	110
shall be served on the parent, guardian, or custodian of the child	111
in the child's behalf.	112

If the person who has physical custody of the child, or with	113
whom the child resides, is other than the parent or guardian, then	114
the parents and guardian also shall be summoned. A copy of the	115
complaint shall accompany the summons.	116

(2) In lieu of appearing before the court at the time fixed	117
in the summons and prior to the date fixed for appearance in the	118
summons, a child who is alleged to have violated section 2151.87	119
of the Revised Code and that child's parent, guardian, or	120
custodian may sign a waiver of appearance before the clerk of the	121
juvenile court and pay a fine of one hundred dollars. If the	122
child and that child's parent, guardian, or custodian do not waive	123
the court appearance, the court shall proceed with the	124
adjudicatory hearing as provided in this section.	125

(D) If the complaint contains a prayer for permanent	126
custody, temporary custody, whether as the preferred or an	127
alternative disposition, or a planned permanent living arrangement	128
in a case involving an alleged abused, neglected, or dependent	129
child, the summons served on the parents shall contain as is	130
appropriate an explanation that the granting of permanent custody	131
permanently divests the parents of their parental rights and	132
privileges, an explanation that an adjudication that the child is	133
an abused, neglected, or dependent child may result in an order of	134
temporary custody that will cause the removal of the child from	135
their legal custody until the court terminates the order of	136
temporary custody or permanently divests the parents of their	137
parental rights, or an explanation that the issuance of an order	138
for a planned permanent living arrangement will cause the removal	139
of the child from the legal custody of the parents if any of the	140
conditions listed in divisions (A)(5)(a) to (c) of section	141
2151.353 of the Revised Code are found to exist.	142

(E)(1) Except as otherwise provided in division (E)(2) of	143
this section, the court may endorse upon the summons an order	144
directing the parents, guardian, or other person with whom the	145
child may be to appear personally at the hearing and directing the	146
person having the physical custody or control of the child to	147
bring the child to the hearing.	148

(2) In cases in which the complaint alleges that a child is	149
an unruly or delinquent child for being an habitual or chronic	150
truant and that the parent, guardian, or other person having care	151
of the child has failed to cause the child's attendance at school,	152
the court shall endorse upon the summons an order directing the	153
parent, guardian, or other person having care of the child to	154
appear personally at the hearing and directing the person having	155
the physical custody or control of the child to bring the child to	156
the hearing.	157

(F)(1) The summons shall contain a statement advising that	158
any party is entitled to counsel in the proceedings and that the	159
court will appoint counsel or designate a county public defender	160
or joint county public defender to provide legal representation if	161
the party is indigent.	162

(2) In cases in which the complaint alleges a child to be an	163
abused, neglected, or dependent child and no hearing has been	164
conducted pursuant to division (A) of section 2151.314 of the	165
Revised Code with respect to the child or a parent, guardian, or	166
custodian of the child does not attend the hearing, the summons	167
also shall contain a statement advising that a case plan may be	168
prepared for the child, the general requirements usually contained	169
in case plans, and the possible consequences of failure to comply	170
with a journalized case plan.	171

(G) If it appears from an affidavit filed or from sworn	172
testimony before the court that the conduct, condition, or	173
surroundings of the child are endangering the child's health or	174
welfare or those of others, that the child may abscond or be	175
removed from the jurisdiction of the court, or that the child will	176
not be brought to the court, notwithstanding the service of the	177
summons, the court may endorse upon the summons an order that a	178
law enforcement officer serve the summons and take the child into	179
immediate custody and bring the child forthwith to the court.	180

(H) A party, other than the child, may waive service of	181
summons by written stipulation.	182

(I) Before any temporary commitment is made permanent, the	183
court shall fix a time for hearing in accordance with section	184
2151.414 of the Revised Code and shall cause notice by summons to	185
be served upon the parent or guardian of the child and the	186
guardian ad litem of the child, or published, as provided in	187
section 2151.29 of the Revised Code. The summons shall contain an	188
explanation that the granting of permanent custody permanently	189
divests the parents of their parental rights and privileges.	190

(J) Any person whose presence is considered necessary and	191
who is not summoned may be subpoenaed to appear and testify at the	192
hearing. Anyone summoned or subpoenaed to appear who fails to do	193
so may be punished, as in other cases in the court of common	194
pleas, for contempt of court. Persons subpoenaed shall be paid	195
the same witness fees as are allowed in the court of common pleas.	196

(K) The failure of the court to hold an adjudicatory hearing	197
within any time period set forth in division (A)(2) of this	198
section does not affect the ability of the court to issue any	199
order under this chapter and does not provide any basis for	200
attacking the jurisdiction of the court or the validity of any	201
order of the court.	202

(L) If the court, at an adjudicatory hearing held pursuant	203
to division (A) of this section upon a complaint alleging that a	204
child is an abused, neglected, dependent, delinquent, or unruly	205
child or a juvenile traffic offender, determines that the child is	206
a dependent child, the court shall incorporate that determination	207
into written findings of fact and conclusions of law and enter	208
those findings of fact and conclusions of law in the record of the	209
case. The court shall include in those findings of fact and	210
conclusions of law specific findings as to the existence of any	211
danger to the child and any underlying family problems that are	212
the basis for the court's determination that the child is a	213
dependent child.	214

Sec. 2151.314.  (A) When a child is brought before the court	215
or delivered to a place of detention or shelter care designated by	216
the court, the intake or other authorized officer of the court	217
shall immediately make an investigation and shall release the	218
child unless it appears that the child's detention or shelter care	219
is warranted or required under section 2151.31 of the Revised	220
Code.	221

If the child is not so released, a complaint under section	222
2151.27 or 2152.021 or an information under section 2152.13 of the	223
Revised Code shall be filed or an indictment under division (C)(B)	224
of section 2152.13 of the Revised Code shall be sought and an	225
informal detention or shelter care hearing held promptly, not	226
later than seventy-two hours after the child is placed in	227
detention or shelter care, to determine whether detention or	228
shelter care is required. Reasonable oral or written notice of	229
the time, place, and purpose of the detention or shelter care	230
hearing shall be given to the child and, if they can be found, to	231
the child's parents, guardian, or custodian. In cases in which	232
the complaint alleges a child to be an abused, neglected, or	233
dependent child, the notice given the parents, guardian, or	234
custodian shall inform them that a case plan may be prepared for	235
the child, the general requirements usually contained in case	236
plans, and the possible consequences of the failure to comply with	237
a journalized case plan.	238

Prior to the hearing, the court shall inform the parties of	239
their right to counsel and to appointed counsel or to the services	240
of the county public defender or joint county public defender, if	241
they are indigent, of the child's right to remain silent with	242
respect to any allegation of delinquency, and of the name and	243
telephone number of a court employee who can be contacted during	244
the normal business hours of the court to arrange for the prompt	245
appointment of counsel for any party who is indigent. Unless it	246
appears from the hearing that the child's detention or shelter	247
care is required under the provisions of section 2151.31 of the	248
Revised Code, the court shall order the child's release as	249
provided by section 2151.311 of the Revised Code. If a parent,	250
guardian, or custodian has not been so notified and did not appear	251
or waive appearance at the hearing, upon the filing of an	252
affidavit stating these facts, the court shall rehear the matter	253
without unnecessary delay.	254

(B) When the court conducts a hearing pursuant to division	255
(A) of this section, all of the following apply:	256

(1) The court shall determine whether an alleged abused,	257
neglected, or dependent child should remain or be placed in	258
shelter care;	259

(2) The court shall determine whether there are any	260
relatives of the child who are willing to be temporary custodians	261
of the child. If any relative is willing to be a temporary	262
custodian, the child would otherwise be placed or retained in	263
shelter care, and the appointment is appropriate, the court shall	264
appoint the relative as temporary custodian of the child, unless	265
the court appoints another relative as temporary custodian. If it	266
determines that the appointment of a relative as custodian would	267
not be appropriate, it shall issue a written opinion setting forth	268
the reasons for its determination and give a copy of the opinion	269
to all parties and to the guardian ad litem of the child.	270

The court's consideration of a relative for appointment as a	271
temporary custodian does not make that relative a party to the	272
proceedings.	273

(3) The court shall comply with section 2151.419 of the	274
Revised Code.	275

(C) If a child is in shelter care following the filing of a	276
complaint pursuant to section 2151.27 or 2152.021 of the Revised	277
Code, the filing of an information, or the obtaining of an	278
indictment or following a hearing held pursuant to division (A) of	279
this section, any party, including the public children services	280
agency, and the guardian ad litem of the child may file a motion	281
with the court requesting that the child be released from shelter	282
care. The motion shall state the reasons why the child should be	283
released from shelter care and, if a hearing has been held	284
pursuant to division (A) of this section, any changes in the	285
situation of the child or the parents, guardian, or custodian of	286
the child that have occurred since that hearing and that justify	287
the release of the child from shelter care. Upon the filing of	288
the motion, the court shall hold a hearing in the same manner as	289
under division (A) of this section.	290

(D) Each juvenile court shall designate at least one court	291
employee to assist persons who are indigent in obtaining appointed	292
counsel. The court shall include in each notice given pursuant to	293
division (A) or (C) of this section and in each summons served	294
upon a party pursuant to this chapter, the name and telephone	295
number at which each designated employee can be contacted during	296
the normal business hours of the court to arrange for prompt	297
appointment of counsel for indigent persons.	298

Sec. 2151.354.  (A) If the child is adjudicated an unruly	299
child, the court may:	300

(1) Make any of the dispositions authorized under section	301
2151.353 of the Revised Code;	302

(2) Place the child on community control under any	303
sanctions, services, and conditions that the court prescribes, as	304
described in division (A)(3) of section 2152.19 of the Revised	305
Code, provided that, if the court imposes a period of community	306
service upon the child, the period of community service shall not	307
exceed one hundred seventy-five hours;	308

(3) Suspend or revoke the driver's license, probationary	309
driver's license, or temporary instruction permit issued to the	310
child and suspend or revoke the registration of all motor vehicles	311
registered in the name of the child. A child whose license or	312
permit is so suspended or revoked is ineligible for issuance of a	313
license or permit during the period of suspension or revocation.	314
At the end of the period of suspension or revocation, the child	315
shall not be reissued a license or permit until the child has paid	316
any applicable reinstatement fee and complied with all	317
requirements governing license reinstatement.	318

(4) Commit the child to the temporary or permanent custody	319
of the court;	320

(5) Make any further disposition the court finds proper that	321
is consistent with sections 2151.312 and 2151.56 to 2151.61 of the	322
Revised Code;	323

(6) If, after making a disposition under division (A)(1),	324
(2), or (3) of this section, the court finds upon further hearing	325
that the child is not amenable to treatment or rehabilitation	326
under that disposition, make a disposition otherwise authorized	327
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of	328
the Revised Code that is consistent with sections 2151.312 and	329
2151.56 to 2151.61 of the Revised Code.	330

(B) If a child is adjudicated an unruly child for committing	331
any act that, if committed by an adult, would be a drug abuse	332
offense, as defined in section 2925.01 of the Revised Code, or a	333
violation of division (B) of section 2917.11 of the Revised Code,	334
then, in addition to imposing, in its discretion, any other order	335
of disposition authorized by this section, the court shall do both	336
of the following:	337

(1) Require the child to participate in a drug abuse or	338
alcohol abuse counseling program;	339

(2) Suspend or revoke the temporary instruction permit,	340
probationary driver's license, or driver's license issued to the	341
child for a period of time prescribed by the court or, at the	342
discretion of the court, until the child attends and	343
satisfactorily completes a drug abuse or alcohol abuse education,	344
intervention, or treatment program specified by the court. During	345
the time the child is attending the program, the court shall	346
retain any temporary instruction permit, probationary driver's	347
license, or driver's license issued to the child and shall return	348
the permit or license when the child satisfactorily completes the	349
program.	350

(C)(1) If a child is adjudicated an unruly child for being	351
an habitual truant, in addition to or in lieu of imposing any	352
other order of disposition authorized by this section, the court	353
may do any of the following:	354

(a) Order the board of education of the child's school	355
district or the governing board of the educational service center	356
in the child's school district to require the child to attend an	357
alternative school if an alternative school has been established	358
pursuant to section 3313.533 of the Revised Code in the school	359
district in which the child is entitled to attend school;	360

(b) Require the child to participate in any academic program	361
or community service program;	362

(c) Require the child to participate in a drug abuse or	363
alcohol abuse counseling program;	364

(d) Require that the child receive appropriate medical or	365
psychological treatment or counseling;	366

(e) Make any other order that the court finds proper to	367
address the child's habitual truancy, including an order requiring	368
the child to not be absent without legitimate excuse from the	369
public school the child is supposed to attend for five or more	370
consecutive days, seven or more school days in one school month,	371
or twelve or more school days in a school year and including an	372
order requiring the child to participate in a truancy prevention	373
mediation program.	374

(2) If a child is adjudicated an unruly child for being an	375
habitual truant and the court determines that the parent,	376
guardian, or other person having care of the child has failed to	377
cause the child's attendance at school in violation of section	378
3321.38 of the Revised Code, in addition to any order of	379
disposition authorized by this section, all of the following	380
apply:	381

(a) The court may require the parent, guardian, or other	382
person having care of the child to participate in any community	383
service program, preferably a community service program that	384
requires the involvement of the parent, guardian, or other person	385
having care of the child in the school attended by the child.	386

(b) The court may require the parent, guardian, or other	387
person having care of the child to participate in a truancy	388
prevention mediation program.	389

(c) The court shall warn the parent, guardian, or other	390
person having care of the child that any subsequent adjudication	391
of the child as an unruly or delinquent child for being an	392
habitual or chronic truant may result in a criminal charge against	393
the parent, guardian, or other person having care of the child for	394
a violation of division (C) of section 2919.21 or section 2919.24	395
of the Revised Code.	396

Sec. 2151.38. (A) Subject to sections 2151.353 and	397
2151.412 to 2151.421 of the Revised Code, and any other provision	398
of law that specifies a different duration for a dispositional	399
order, all dispositional orders made by the court under this	400
chapter shall be temporary and shall continue for a period that is	401
designated by the court in its order, until terminated or modified	402
by the court or until the child attains twenty-one years of age.	403

The release authority of the department of youth services	404
shall not release the child from institutional care or	405
institutional care in a secure facility and as a result shall not	406
discharge the child or order the child's release on supervised	407
release prior to the expiration of the prescribed minimum period	408
of institutionalization or institutionalization in a secure	409
facility or prior to the child's attainment of twenty-one years of	410
age, whichever is applicable under the order of commitment.	411

Sec. 2151.87.  (A) As used in this section:

412

(1) "Cigarette" and "tobacco product" have the same meanings	413
as in section 2927.02 of the Revised Code.	414

(2) "Youth smoking education program" means a private or	415
public agency program that is related to tobacco use, prevention,	416
and cessation, that is carried out or funded by the tobacco use	417
prevention and control foundation pursuant to section 183.07 of	418
the Revised Code, that utilizes educational methods focusing on	419
the negative health effects of smoking and using tobacco products,	420
and that is not more than twelve hours in duration.	421

(B) No child shall do any of the following unless	422
accompanied by a parent, spouse who is eighteen years of age or	423
older, or legal guardian of the child:	424

(1) Use, consume, or possess cigarettes, other tobacco	425
products, or papers used to roll cigarettes;	426

(2) Purchase or attempt to purchase cigarettes, other	427
tobacco products, or papers used to roll cigarettes;	428

(3) Order, pay for, or share the cost of cigarettes, other	429
tobacco products, or papers used to roll cigarettes;	430

(4) Except as provided in division (E) of this section,	431
accept or receive cigarettes, other tobacco products, or papers	432
used to roll cigarettes.	433

(C) No child shall knowingly furnish false information	434
concerning that child's name, age, or other identification for the	435
purpose of obtaining cigarettes, other tobacco products, or papers	436
used to roll cigarettes.	437

(D) A juvenile court shall not adjudicate a child a	438
delinquent or unruly child for a violation of division (B)(1),	439
(2), (3), or (4) or (C) of this section.	440

(E)(1) It is not a violation of division (B)(4) of this	441
section for a child to accept or receive cigarettes, other tobacco	442
products, or papers used to roll cigarettes if the child is	443
required to do so in the performance of the child's duties as an	444
employee of that child's employer and the child's acceptance or	445
receipt of cigarettes, other tobacco products, or papers used to	446
roll cigarettes occurs exclusively within the scope of the child's	447
employment.	448

(2) It is not a violation of division (B)(1), (2), (3), or	449
(4) of this section if the child possesses, purchases or attempts	450
to purchase, orders, pays for, shares the cost of, or accepts or	451
receives cigarettes, other tobacco products, or papers used to	452
roll cigarettes while participating in an inspection or compliance	453
check conducted by a federal, state, local, or corporate entity at	454
a location at which cigarettes, other tobacco products, or papers	455
used to roll cigarettes are sold or distributed.	456

(3) It is not a violation of division (B)(1) or (4) of this	457
section for a child to accept, receive, use, consume, or possess	458
cigarettes, other tobacco products, or papers used to roll	459
cigarettes while participating in a research protocol if all of	460
the following apply:	461

(a) The parent, guardian, or legal custodian of the child has	462
consented in writing to the child participating in the research	463
protocol.	464

(b) An institutional human subjects protection review board,	465
or an equivalent entity, has approved the research protocol.	466

(c) The child is participating in the research protocol at	467
the facility or location specified in the research protocol.	468

(F) If a juvenile court finds that a child violated division	469
(B)(1), (2), (3), or (4) or (C) of this section, the court may do	470
either or both of the following:	471

(1) Require the child to attend a youth smoking education	472
program or other smoking treatment program approved by the court,	473
if one is available;	474

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

475

(G) If a child disobeys a juvenile court order issued	476
pursuant to division (F) of this section, the court may do any or	477
all of the following:	478

(1) Increase the fine imposed upon the child under division	479
(F)(2) of this section;	480

(2) Require the child to perform not more than twenty hours	481
of community service;	482

(3) Suspend for a period of thirty days the temporary	483
instruction permit, probationary driver's license, or driver's	484
license issued to the child.	485

(H) A child alleged or found to have violated division (B)	486
or (C) of this section shall not be detained under any provision	487
of this chapter or any other provision of the Revised Code.	488

Sec. 2152.10.  (A) A child who is alleged to be a delinquent	489
child is eligible for mandatory transfer and shall be transferred	490
as provided in section 2152.12 of the Revised Code in any of the	491
following circumstances:	492

(1) The child is charged with a category one offense and	493
either of the following apply:	494

(a) The child was sixteen years of age or older at the time	495
of the act charged.	496

(b) The child was fourteen or fifteen years of age at the	497
time of the act charged and previously was adjudicated a	498
delinquent child for committing an act that is a category one or	499
category two offense and was committed to the legal custody of the	500
department of youth services upon the basis of that adjudication.	501

(2) The child is charged with a category two offense, other	502
than a violation of section 2905.01 of the Revised Code, the child	503
was sixteen years of age or older at the time of the commission of	504
the act charged, and either or both of the following apply:	505

(a) The child previously was adjudicated a delinquent child	506
for committing an act that is a category one or a category two	507
offense and was committed to the legal custody of the department	508
of youth services on the basis of that adjudication.	509

(b) The child is alleged to have had a firearm on or about	510
the child's person or under the child's control while committing	511
the act charged and to have displayed the firearm, brandished the	512
firearm, indicated possession of the firearm, or used the firearm	513
to facilitate the commission of the act charged.	514

(3) Division (A)(2) of section 2152.12 of the Revised Code	515
applies.	516

(B) Unless the child is subject to mandatory transfer, if a	517
child is fourteen years of age or older at the time of the act	518
charged and if the child is charged with an act that would be a	519
felony if committed by an adult, the child is eligible for	520
discretionary transfer to the appropriate court for criminal	521
prosecution. In determining whether to transfer the child for	522
criminal prosecution, the juvenile court shall follow the	523
procedures in section 2152.12 of the Revised Code. If the court	524
does not transfer the child and if the court adjudicates the child	525
to be a delinquent child for the act charged, the court shall	526
issue an order of disposition in accordance with section 2152.11	527
of the Revised Code.	528

Sec. 2152.13.  (A) A juvenile court may impose a serious	529
youthful offender dispositional sentence on a child only if the	530
prosecuting attorney of the county in which the delinquent act	531
allegedly occurred initiates the process against the child in	532
accordance with this division or division (B) of this section, and	533
the child is an alleged delinquent child who is eligible for the	534
dispositional sentence. The prosecuting attorney may initiate the	535
process in any of the following ways:	536

(1) TheObtaining an indictment of the child is indicted as a	537
serious youthful offender or is charged;	538

(2) The child waives the right to indictment, charging the	539
child in a bill of information as a serious youthful offender.	540

(2) The;

541

(3) Until an indictment or information is obtained,	542
requesting a serious youthful offender dispositional sentence in	543
the original complaint alleging that the child is a delinquent	544
child requests a serious youthful offender dispositional sentence.	545

(B) Unless;

546

(4) Until an indictment or information is obtained, if the	547
original complaint includes a notice of intent to seek that type	548
ofdoes not request a serious youthful offender dispositional	549
sentence, the prosecuting attorney shall filefiling with the	550
juvenile court a written notice of intent to seek a serious	551
youthful offender dispositional sentence within twenty days after	552
the later of the following, unless the time is extended by the	553
juvenile court for good cause shown:	554

(1)(a) The date of the child's first juvenile court hearing	555
regarding the complaint;	556

(2)(b) The date the juvenile court determines not to	557
transfer the case under section 2152.12 of the Revised Code.	558

After a written notice is filed under this division (A)(4) of	559
this section, the juvenile court shall serve a copy of the notice	560
on the child and advise the child of the prosecuting attorney's	561
intent to seek a serious youthful offender dispositional sentence	562
in the case.	563

(C)(B) If an alleged delinquent child is not indicted or	564
charged by information as described in division (A)(1) or (2) of	565
this section and if a notice or complaint as described in division	566
(A)(3) or (B)(4) of this section indicates that the prosecuting	567
attorney intends to pursue a serious youthful offender	568
dispositional sentence in the case, the juvenile court shall hold	569
a preliminary hearing to determine if there is probable cause that	570
the child committed the act charged and is by age eligible for, or	571
required to receive, a serious youthful offender dispositional	572
sentence.	573

(D)(C)(1) A child for whom a serious youthful offender	574
dispositional sentence is sought has the right to a grand jury	575
determination of probable cause that the child committed the act	576
charged and that the child is eligible by age for a serious	577
youthful offender dispositional sentence. The grand jury may be	578
impaneled by the court of common pleas or the juvenile court.	579

Once a child is indicted, or charged by information or the	580
juvenile court determines that the child is eligible for a serious	581
youthful offender dispositional sentence, the child is entitled to	582
an open and speedy trial by jury in juvenile court and to be	583
provided with a transcript of the proceedings. The time within	584
which the trial is to be held under Title XXIX of the Revised Code	585
commences on whichever of the following dates is applicable:	586

(a) If the child is indicted or charged by information, on	587
the date of the filing of the indictment or information.	588

(b) If the child is charged by an original complaint that	589
requests a serious youthful offender dispositional sentence, on	590
the date of the filing of the complaint.	591

(c) If the child is not charged by an original complaint that	592
requests a serious youthful offender dispositional sentence, on	593
the date that the prosecuting attorney files the written notice of	594
intent to seek a serious youthful offender dispositional sentence.	595

(2) If the child is detained awaiting adjudication, upon	596
indictment or being charged by information, the child has the same	597
right to bail as an adult charged with the offense the alleged	598
delinquent act would be if committed by an adult. Except as	599
provided in division (D) of section 2152.14 of the Revised Code,	600
all provisions of Title XXIX of the Revised Code and the criminal	601
rulesCriminal Rules shall apply in the case and to the child.	602
The juvenile court shall afford the child all rights afforded a	603
person who is prosecuted for committing a crime including the	604
right to counsel and the right to raise the issue of competency.	605
The child may not waive the right to counsel.	606

(E)(D)(1) If a child is adjudicated a delinquent child for	607
committing an act under circumstances that require the juvenile	608
court to impose upon the child a serious youthful offender	609
dispositional sentence under section 2152.11 of the revised code	610
Revised Code, all of the following apply:	611

(a) The juvenile court shall impose upon the child a	612
sentence available for the violation, as if the child were an	613
adult, under Chapter 2929. of the Revised Code, except that the	614
juvenile court shall not impose on the child a sentence of death	615
or life imprisonment without parole.	616

(b) The juvenile court also shall impose upon the child one	617
or more traditional juvenile dispositions under sections 2152.16	618
and, 2152.19, and 2152.20, and, if applicable, section 2152.17 of	619
the Revised Code.	620

(c) The juvenile court shall stay the adult portion of the	621
serious youthful offender dispositional sentence pending the	622
successful completion of the traditional juvenile dispositions	623
imposed.	624

(2)(a) If a child is adjudicated a delinquent child for	625
committing an act under circumstances that allow, but do not	626
require, the juvenile court to impose on the child a serious	627
youthful offender dispositional sentence under section 2152.11 of	628
the Revised Code, all of the following apply:	629

(i) If the juvenile court on the record makes a finding	630
that, given the nature and circumstances of the violation and the	631
history of the child, the length of time, level of security, and	632
types of programming and resources available in the juvenile	633
system alone are not adequate to provide the juvenile court with a	634
reasonable expectation that the purposes set forth in section	635
2152.01 of the Revised Code will be met, the juvenile court may	636
impose upon the child a sentence available for the violation, as	637
if the child were an adult, under Chapter 2929. of the Revised	638
Code, except that the juvenile court shall not impose on the child	639
a sentence of death or life imprisonment without parole.	640

(ii) If a sentence is imposed under division (E)(D)(2)(a)(i)	641
of this section, the juvenile court also shall impose upon the	642
child one or more traditional juvenile dispositions under sections	643
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17	644
of the Revised Code.	645

(iii) The juvenile court shall stay the adult portion of the	646
serious youthful offender dispositional sentence pending the	647
successful completion of the traditional juvenile dispositions	648
imposed.	649

(b) If the juvenile court does not find that a sentence	650
should be imposed under division (E)(D)(2)(a)(i) of this section,	651
the juvenile court may impose one or more traditional juvenile	652
dispositions under sections 2152.16, 2152.19, 2152.20, and, if	653
applicable, section 2152.17 of the Revised Code.	654

(3) A child upon whom a serious youthful offender	655
dispositional sentence is imposed under division (E)(D)(1) or (2)	656
of this section has a right to appeal under division (A)(1), (3),	657
(4), (5), or (6) of section 2953.08 of the Revised Code the adult	658
portion of the serious youthful offender dispositional sentence	659
when any of those divisions apply. The child may appeal the adult	660
portion, and the court shall consider the appeal as if the adult	661
portion were not stayed.	662

Sec. 2152.14.  (A)(1) The director of youth services may	663
request the prosecuting attorney of the county in which is located	664
the juvenile court that imposed a serious youthful offender	665
dispositional sentence upon a person to file a motion with that	666
juvenile court to invoke the adult portion of the dispositional	667
sentence if all of the following apply to the person:	668

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

669

(b) The person is in the institutional custody, or an	670
escapee from the custody, of the department of youth services.	671

(c) The person is serving the juvenile portion of the	672
serious youthful offender dispositional sentence.	673

(2) The motion shall state that there is reasonable cause to	674
believe that either of the following misconduct has occurred and	675
shall state that at least one incident of misconduct of that	676
nature occurred after the person reached fourteen years of age:	677

(a) The person committed an act that is a violation of the	678
rules of the institution and that could be charged as any felony	679
or as a first degree misdemeanor offense of violence if committed	680
by an adult.	681

(b) The person has engaged in conduct that creates a	682
substantial risk to the safety or security of the institution, the	683
community, or the victim.	684

(B) If a person is at least fourteen years of age, is	685
serving the juvenile portion of a serious youthful offender	686
dispositional sentence, and is on parole or aftercare from a	687
department of youth services facility, or on community control,	688
the director of youth services, the juvenile court that imposed	689
the serious youthful offender dispositional sentence on the	690
person, or the probation department supervising the person may	691
request the prosecuting attorney of the county in which is located	692
the juvenile court to file a motion with the juvenile court to	693
invoke the adult portion of the dispositional sentence. The	694
prosecuting attorney may file a motion to invoke the adult portion	695
of the dispositional sentence even if no request is made. The	696
motion shall state that there is reasonable cause to believe that	697
either of the following occurred and shall state that at least one	698
incident of misconduct of that nature occurred after the person	699
reached fourteen years of age:	700

(1) The person committed an act that is a violation of the	701
conditions of supervision and that could be charged as any felony	702
or as a first degree misdemeanor offense of violence if committed	703
by an adult.	704

(2) The person has engaged in conduct that creates a	705
substantial risk to the safety or security of the community or of	706
the victim.	707

(C) If the prosecuting attorney declines a request to file a	708
motion that was made by the department of youth services or the	709
supervising probation department under division (A) or (B) of this	710
section or fails to act on a request made under either division by	711
the department within a reasonable time, the department of youth	712
services or the supervising probation department may file a motion	713
of the type described in division (A) or (B) of this section with	714
the juvenile court to invoke the adult portion of the serious	715
youthful offender dispositional sentence. If the prosecuting	716
attorney declines a request to file a motion that was made by the	717
juvenile court under division (B) of this section or fails to act	718
on a request from the court under that division within a	719
reasonable time, the juvenile court may hold the hearing described	720
in division (D) of this section on its own motion.	721

(D) Upon the filing of a motion described in division (A),	722
(B), or (C) of this section, the juvenile court may hold a hearing	723
to determine whether to invoke the adult portion of a person's	724
serious juvenile offender dispositional sentence. The juvenile	725
court shall not invoke the adult portion of the dispositional	726
sentence without a hearing. At the hearing the person who is the	727
subject of the serious youthful offender disposition has the right	728
to be present, to receive notice of the grounds upon which the	729
adult sentence portion is sought to be invoked, to be represented	730
by counsel including counsel appointed under Juvenile Rule 4(A),	731
to be advised on the procedures and protections set forth in the	732
Juvenile Rules, and to present evidence on the person's own	733
behalf, including evidence that the person has a mental illness or	734
is a mentally retarded person. The person may not waive the right	735
to counsel. The hearing shall be open to the public. If the	736
person presents evidence that the person has a mental illness or	737
is a mentally retarded person, the juvenile court shall consider	738
that evidence in determining whether to invoke the adult portion	739
of the serious youthful offender dispositional sentence.	740

(E)(1) The juvenile court may invoke the adult portion of a	741
person's serious youthful offender dispositional sentence if the	742
juvenile court finds all of the following on the record by clear	743
and convincing evidence:	744

(1)(a) The person is serving the juvenile portion of a	745
serious youthful offender dispositional sentence.	746

(2)(b) The person is at least fourteen years of age and has	747
been admitted to a department of youth services facility, or	748
criminal charges are pending against the person.	749

(3)(c) The person engaged in the conduct or acts charged	750
under division (A), (B), or (C) of this section, and the person's	751
conduct demonstrates that the person is unlikely to be	752
rehabilitated during the remaining period of juvenile	753
jurisdiction.	754

(2) The court may modify the adult sentence the court	755
invokes to consist of any lesser prison term that could be imposed	756
for the offense and, in addition to the prison term or in lieu of	757
the prison term if the prison term was not mandatory, any	758
community control sanction that the offender was eligible to	759
receive at sentencing.	760

(F) If a juvenile court issues an order invoking the adult	761
portion of a serious youthful offender dispositional sentence	762
under division (E) of this section, the juvenile portion of the	763
dispositional sentence shall terminate, and the department of	764
youth services shall transfer the person to the department of	765
rehabilitation and correction or place the person under another	766
sanction imposed as part of the sentence. The juvenile court	767
shall state in its order the total number of days that the person	768
has been held in detention or in a facility operated by, or under	769
contract with, the department of youth services under the juvenile	770
portion of the dispositional sentence. The time the person must	771
serve on a prison term imposed under the adult portion of the	772
dispositional sentence shall be reduced by the total number of	773
days specified in the order plus any additional days the person is	774
held in a juvenile facility or in detention after the order is	775
issued and before the person is transferred to the custody of the	776
department of rehabilitation and correction. In no case shall the	777
total prison term as calculated under this division exceed the	778
maximum prison term available for an adult who is convicted of	779
violating the same sections of the Revised Code.	780

Any community control imposed as part of the adult sentence	781
or as a condition of a judicial release from prison shall be under	782
the supervision of the entity that provides adult probation	783
services in the county. Any post-release control imposed after	784
the offender otherwise is released from prison shall be supervised	785
by the adult parole authority.	786

Sec. 2152.16.  (A)(1) If a child is adjudicated a delinquent	787
child for committing an act that would be a felony if committed by	788
an adult, the juvenile court may commit the child to the legal	789
custody of the department of youth services for secure confinement	790
as follows:	791

(a) For an act that would be aggravated murder or murder if	792
committed by an adult, until the offender attains twenty-one years	793
of age;	794

(b) For a violation of section 2923.02 of the Revised Code	795
that involves an attempt to commit an act that would be aggravated	796
murder or murder if committed by an adult, a minimum period of six	797
to seven years as prescribed by the court and a maximum period not	798
to exceed the child's attainment of twenty-one years of age;	799

(c) For a violation of section 2903.03, 2905.01, 2909.02, or	800
2911.01 or division (A) of section 2903.04 of the Revised Code or	801
for a violation of any provision of section 2907.02 of the Revised	802
Code other than division (A)(1)(b) of that section when the sexual	803
conduct or insertion involved was consensual and when the victim	804
of the violation of division (A)(1)(b) of that section was older	805
than the delinquent child, was the same age as the delinquent	806
child, or was less than three years younger than the delinquent	807
child, for an indefinite term consisting of a minimum period of	808
one to three years, as prescribed by the court, and a maximum	809
period not to exceed the child's attainment of twenty-one years of	810
age;	811

(d) If the child is adjudicated a delinquent child for	812
committing an act that is not described in division (A)(1)(b) or	813
(c) of this section and that would be a felony of the first or	814
second degree if committed by an adult, for an indefinite term	815
consisting of a minimum period of one year and a maximum period	816
not to exceed the child's attainment of twenty-one years of age.	817

(e) For committing an act that would be a felony of the	818
third, fourth, or fifth degree if committed by an adult or for a	819
violation of division (A) of section 2923.211 of the Revised Code,	820
for an indefinite term consisting of a minimum period of six	821
months and a maximum period not to exceed the child's attainment	822
of twenty-one years of age.	823

(2) In each case in which a court makes a disposition under	824
this section, the court retains control over the commitment for	825
the minimum period specified by the court in divisions (A)(1)(a)	826
to (e) of this section. During the minimum period of court	827
control, the department of youth services shall not move the child	828
to a nonsecure setting without the permission of the court that	829
imposed the disposition.	830

(B) If(1) Subject to division (B)(2) of this section, if a	831
delinquent child is committed to the department of youth services	832
under this section, the department may release the child at any	833
time after the minimum period ofspecified by the court control	834
imposed underin division (A)(1) of this section ends.	835

(2) A commitment under this section is subject to a	836
supervised release or to a discharge of the child from the custody	837
of the department for medical reasons pursuant to section 5139.54	838
of the Revised Code, but, during the minimum period specified by	839
the court in division (A)(1) of this section, the department shall	840
obtain court approval of a supervised release or discharge under	841
that section.	842

(C) If a child is adjudicated a delinquent child, at the	843
dispositional hearing and prior to making any disposition pursuant	844
to this section, the court shall determine whether the delinquent	845
child previously has been adjudicated a delinquent child for a	846
violation of a law or ordinance. If the delinquent child	847
previously has been adjudicated a delinquent child for a violation	848
of a law or ordinance, the court, for purposes of entering an	849
order of disposition of the delinquent child under this section,	850
shall consider the previous delinquent child adjudication as a	851
conviction of a violation of the law or ordinance in determining	852
the degree of the offense the current act would be had it been	853
committed by an adult. This division also shall apply in relation	854
to the imposition of any financial sanction under section 2152.19	855
of the Revised Code.	856

Sec. 2152.17.  (A) Subject to division (D) of this section,	857
if a child is adjudicated a delinquent child for committing an	858
act, other than a violation of section 2923.12 of the Revised	859
Code, that would be a felony if committed by an adult and if the	860
court determines that, if the child was an adult, the child would	861
be guilty of a specification of the type set forth in section	862
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code, in	863
addition to any commitment or other disposition the court imposes	864
for the underlying delinquent act, all of the following apply:	865

(1) If the court determines that the child would be guilty	866
of a specification of the type set forth in section 2941.141 of	867
the Revised Code, the court may commit the child to the department	868
of youth services for the specification for a definite period of	869
up to one year.	870

(2) If the court determines that the child would be guilty	871
of a specification of the type set forth in section 2941.145 of	872
the Revised Code, the court shall commit the child to the	873
department of youth services for the specification for a definite	874
period of not less than one and not more than three years, and the	875
court also shall commit the child to the department for the	876
underlying delinquent act under sections 2152.11 to 2152.16 of the	877
Revised Code.	878

(3) If the court determines that the child would be guilty	879
of a specification of the type set forth in section 2941.144 or	880
2941.146 of the Revised Code, the court shall commit the child to	881
the department of youth services for the specification for a	882
definite period of not less than one and not more than five years,	883
and the court also shall commit the child to the department for	884
the underlying delinquent act under sections 2152.11 to 2152.16 of	885
the Revised Code.	886

(B) Division (A) of this section also applies to a child who	887
is an accomplice to the same extent the firearm specifications	888
would apply to an adult accomplice in a criminal proceeding.	889

(C) If a child is adjudicated a delinquent child for	890
committing an act that would be aggravated murder, murder, or a	891
first, second, or third degree felony offense of violence if	892
committed by an adult and if the court determines that, if the	893
child was an adult, the child would be guilty of a specification	894
of the type set forth in section 2941.142 of the Revised Code in	895
relation to the act for which the child was adjudicated a	896
delinquent child, the court shall commit the child for the	897
specification to the legal custody of the department of youth	898
services for institutionalization in a secure facility for a	899
definite period of not less than one and not more than three	900
years, subject to division (D)(2) of this section, and the court	901
also shall commit the child to the department for the underlying	902
delinquent act.	903

(D)(1) If the child is adjudicated a delinquent child for	904
committing an act that would be an offense of violence that is a	905
felony if committed by an adult and is committed to the legal	906
custody of the department of youth services pursuant to division	907
(A)(4), (5), or (6)(1) of this section 2152.16 of the Revised Code	908
and if the court determines that the child, if the child was an	909
adult, would be guilty of a specification of the type set forth in	910
section 2941.1411 of the Revised Code in relation to the act for	911
which the child was adjudicated a delinquent child, the court may	912
commit the child to the custody of the department of youth	913
services for institutionalization in a secure facility for up to	914
two years, subject to division (A)(7)(d)(D)(2) of this section.	915

(d)(2) A court that imposes a period of commitment under	916
division (A)(7)(a) of this section is not precluded from imposing	917
an additional period of commitment under division (A)(7)(b)(C) or	918
(c)(D)(1) of this section, a court that imposes a period of	919
commitment under division (A)(7)(b)(C) of this section is not	920
precluded from imposing an additional period of commitment under	921
division (A)(7)(a) or (c)(D)(1) of this section, and a court that	922
imposes a period of commitment under division (A)(7)(c)(D)(1) of	923
this section is not precluded from imposing an additional period	924
of commitment under division (A)(7)(a) or (b)(C) of this section.	925

(E) The court shall not commit a child to the legal custody	926
of the department of youth services for a specification pursuant	927
to this section for a period that exceeds five years for any one	928
delinquent act. Any commitment imposed pursuant to division (A),	929
(B), or (C), or (D)(1) of this section shall be in addition to,	930
and shall be served consecutively with and prior to, a period of	931
commitment ordered under this chapter for the underlying	932
delinquent act, and each commitment imposed pursuant to division	933
(A), (B), or (C), or (D)(1) of this section shall be in addition	934
to, and shall be served consecutively with, any other period of	935
commitment imposed under those divisions. If a commitment is	936
imposed under division (A) or (B) of this section and a commitment	937
also is imposed under division (C) of this section, the period	938
imposed under division (A) or (B) of this section shall be served	939
prior to the period imposed under division (C) of this section.	940

In each case in which a court makes a disposition under this	941
section, the court retains control over the commitment for the	942
entire period of the commitment.	943

The total of all the periods of commitment imposed for any	944
specification under this section and for the underlying offense	945
shall not exceed the child's attainment of twenty-one years of	946
age.	947

(E)(F) If a child is adjudicated a delinquent child for	948
committing two or more acts that would be felonies if committed by	949
an adult and if the court entering the delinquent child	950
adjudication orders the commitment of the child for two or more of	951
those acts to the legal custody of the department of youth	952
services for institutionalization in a secure facility pursuant to	953
section 2152.13 or 2152.16 orof the Revised Code, the court may	954
order that all of the periods of commitment imposed under those	955
sections for those acts be served consecutively in the legal	956
custody of the department of youth services, provided that those	957
periods of commitment shall be in addition to and commence	958
immediately following the expiration of a period of commitment	959
that the court imposes pursuant to division (A), (B), or (C), or	960
(D)(1) of this section. A court shall not commit a delinquent	961
child to the legal custody of the department of youth services	962
under this division for a period that exceeds the child's	963
attainment of twenty-one years of age.	964

(F)(G) If a child is adjudicated a delinquent child for	965
committing an act that if committed by an adult would be	966
aggravated murder, murder, rape, felonious sexual penetration in	967
violation of former section 2907.12 of the Revised Code,	968
involuntary manslaughter, a felony of the first or second degree	969
resulting in the death of or physical harm to a person, complicity	970
in or an attempt to commit any of those offenses, or an offense	971
under an existing or former law of this state that is or was	972
substantially equivalent to any of those offenses and if the court	973
in its order of disposition for that act commits the child to the	974
custody of the department of youth services, the adjudication	975
shall be considered a conviction for purposes of a future	976
determination pursuant to Chapter 2929. of the Revised Code as to	977
whether the child, as an adult, is a repeat violent offender.	978

Sec. 2152.18.  (A) When a juvenile court commits a	979
delinquent child to the custody of the department of youth	980
services pursuant to this chapter, the court shall not designate	981
the specific institution in which the department is to place the	982
child but instead shall specify that the child is to be	983
institutionalized in a secure facility.	984

(B) When a juvenile court commits a delinquent child to the	985
custody of the department of youth services pursuant to this	986
chapter, the court shall state in the order of commitment the	987
total number of days that the child has been held in detention in	988
connection with the delinquent child complaint upon which the	989
order of commitment is based. The department shall reduce the	990
minimum period of institutionalization that was ordered by both	991
the total number of days that the child has been so held in	992
detention as stated by the court in the order of commitment and	993
the total number of any additional days that the child has been	994
held in detention subsequent to the order of commitment but prior	995
to the transfer of physical custody of the child to the	996
department.	997

(C)(1) When a juvenile court commits a delinquent child to	998
the custody of the department of youth services pursuant to this	999
chapter, the court shall provide the department with the child's	1000
medical records, a copy of the report of any mental examination of	1001
the child ordered by the court, the Revised Code section or	1002
sections the child violated and the degree of each violation, the	1003
warrant to convey the child to the department, a copy of the	1004
court's journal entry ordering the commitment of the child to the	1005
legal custody of the department, a copy of the arrest record	1006
pertaining to the act for which the child was adjudicated a	1007
delinquent child, a copy of any victim impact statement pertaining	1008
to the act, and any other information concerning the child that	1009
the department reasonably requests. The court also shall complete	1010
the form for the standard predisposition investigation report that	1011
the department furnishes pursuant to section 5139.04 of the	1012
Revised Code and provide the department with the completed form.	1013

The department may refuse to accept physical custody of a	1014
delinquent child who is committed to the legal custody of the	1015
department until the court provides to the department the	1016
documents specified in this division. No officer or employee of	1017
the department who refuses to accept physical custody of a	1018
delinquent child who is committed to the legal custody of the	1019
department shall be subject to prosecution or contempt of court	1020
for the refusal if the court fails to provide the documents	1021
specified in this division at the time the court transfers the	1022
physical custody of the child to the department.	1023

(2) Within twenty working days after the department of youth	1024
services receives physical custody of a delinquent child from a	1025
juvenile court, the court shall provide the department with a	1026
certified copy of the child's birth certificate and the child's	1027
social security number or, if the court made all reasonable	1028
efforts to obtain the information but was unsuccessful, with	1029
documentation of the efforts it made to obtain the information.	1030

(D)(1) Within ten days after an adjudication that a child is	1031
a delinquent child, the court shall give written notice of the	1032
adjudication to the superintendent of a city, local, exempted	1033
village, or joint vocational school district, and to the principal	1034
of the school the child attends, if the basis of the adjudication	1035
was the commission of an act that would be a criminal offense if	1036
committed by an adult, if the act was committed by the delinquent	1037
child when the child was fourteen years of age or older, and if	1038
the act is any of the following:	1039

(a) An act that would be a felony or an offense of violence	1040
if committed by an adult, an act in the commission of which the	1041
child used or brandished a firearm, or an act that is a violation	1042
of section 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.24,	1043
or 2907.241 of the Revised Code and that would be a misdemeanor if	1044
committed by an adult;	1045

(b) A violation of section 2923.12 of the Revised Code or of	1046
a substantially similar municipal ordinance that would be a	1047
misdemeanor if committed by an adult and that was committed on	1048
property owned or controlled by, or at an activity held under the	1049
auspices of, the board of education of that school district;	1050

(c) A violation of division (A) of section 2925.03 or	1051
2925.11 of the Revised Code that would be a misdemeanor if	1052
committed by an adult, that was committed on property owned or	1053
controlled by, or at an activity held under the auspices of, the	1054
board of education of that school district, and that is not a	1055
minor drug possession offense;	1056

(d) An act that would be a criminal offense if committed by	1057
an adult and that results in serious physical harm to persons or	1058
serious physical harm to property while the child is at school, on	1059
any other property owned or controlled by the board, or at an	1060
interscholastic competition, an extracurricular event, or any	1061
other school program or activity;	1062

(e) Complicity in any violation described in division	1063
(D)(1)(a), (b), (c), or (d) of this section that was alleged to	1064
have been committed in the manner described in division (D)(1)(a),	1065
(b), (c), or (d) of this section, regardless of whether the act of	1066
complicity was committed on property owned or controlled by, or at	1067
an activity held under the auspices of, the board of education of	1068
that school district.	1069

(2) The notice given pursuant to division (K)(D)(1) of this	1070
section shall include the name of the child who was adjudicated to	1071
be a delinquent child, the child's age at the time the child	1072
committed the act that was the basis of the adjudication, and	1073
identification of the violation of the law or ordinance that was	1074
the basis of the adjudication.	1075

(3) Within fourteen days after committing a delinquent child	1076
to the custody of the department of youth services, the court	1077
shall give notice to the school attended by the child of the	1078
child's commitment by sending to that school a copy of the court's	1079
journal entry ordering the commitment. As soon as possible after	1080
receipt of the notice described in this division, the school shall	1081
provide the department with the child's school transcript.	1082
However, the department shall not refuse to accept a child	1083
committed to it, and a child committed to it shall not be held in	1084
a county or district detention facility, because of a school's	1085
failure to provide the school transcript that it is required to	1086
provide under this division.	1087

(4) Within fourteen days after releasing a child from an	1088
institution under its control, the department of youth services	1089
shall provide the court and the school with an updated copy of the	1090
child's school transcript and a summary of the institutional	1091
record of the child. The department also shall provide the court	1092
with a copy of any portion of the child's institutional record	1093
that the court specifically requests, within five working days of	1094
the request.	1095

(E) At any hearing at which a child is adjudicated a	1096
delinquent child or as soon as possible after the hearing, the	1097
court shall notify all victims of the delinquent act who may be	1098
entitled to a recovery under any of the following sections of the	1099
right of the victims to recover, pursuant to section 3109.09 of	1100
the Revised Code, compensatory damages from the child's parents;	1101
of the right of the victims to recover, pursuant to section	1102
3109.10 of the Revised Code, compensatory damages from the child's	1103
parents for willful and malicious assaults committed by the child;	1104
and of the right of the victims to recover an award of reparations	1105
pursuant to sections 2743.51 to 2743.72 of the Revised Code.	1106

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1107
child, the court may make any of the following orders of	1108
disposition, in addition to any other disposition authorized or	1109
required by this chapter:	1110

(1) Any order that is authorized by section 2151.353 of the	1111
Revised Code for the care and protection of an abused, neglected,	1112
or dependent child.	1113

(2) Commit the child to the temporary custody of any school,	1114
camp, institution, or other facility operated for the care of	1115
delinquent children by the county, by a district organized under	1116
section 2152.41 or 2151.65 of the Revised Code, or by a private	1117
agency or organization, within or without the state, that is	1118
authorized and qualified to provide the care, treatment, or	1119
placement required;	1120

(3) Place the child on community control under any	1121
sanctions, services, and conditions that the court prescribes. As	1122
a condition of community control in every case and in addition to	1123
any other condition that it imposes upon the child, the court	1124
shall require the child to abide by the law during the period of	1125
community control. As referred to in this division, community	1126
control includes, but is not limited to, the following sanctions	1127
and conditions:	1128

(a) A period of basic probation supervision in which the	1129
child is required to maintain contact with a person appointed to	1130
supervise the child in accordance with sanctions imposed by the	1131
court;	1132

(b) A period of intensive probation supervision in which the	1133
child is required to maintain frequent contact with a person	1134
appointed by the court to supervise the child while the child is	1135
seeking or maintaining employment and participating in training,	1136
education, and treatment programs as the order of disposition;	1137

(c) A period of day reporting in which the child is required	1138
each day to report to and leave a center or another approved	1139
reporting location at specified times in order to participate in	1140
work, education or training, treatment, and other approved	1141
programs at the center or outside the center;	1142

(d) A period of community service of up to five hundred	1143
hours for an act that would be a felony or a misdemeanor of the	1144
first degree if committed by an adult, up to two hundred hours for	1145
an act that would be a misdemeanor of the second, third, or fourth	1146
degree if committed by an adult, or up to thirty hours for an act	1147
that would be a minor misdemeanor if committed by an adult;	1148

(e) A requirement that the child obtain a high school	1149
diploma, a certificate of high school equivalence, vocational	1150
training, or employment;	1151

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

1152

(g) A requirement of alcohol or drug assessment or	1153
counseling, or a period in an alcohol or drug treatment program	1154
with a level of security for the child as determined necessary by	1155
the court;	1156

(h) A period in which the court orders the child to observe	1157
a curfew that may involve daytime or evening hours;	1158

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

1159

(j) A period of house arrest with or without electronic	1160
monitoring;	1161

(k) A period of electronic monitoring without house arrest or	1162
electronically monitored house arrest that does not exceed the	1163
maximum sentence of imprisonment that could be imposed upon an	1164
adult who commits the same act.	1165

A period of electronically monitored house arrest imposed	1166
under this division shall not extend beyond the child's	1167
twenty-first birthday. If a court imposes a period of	1168
electronically monitored house arrest upon a child under this	1169
division, it shall require the child: to wear, otherwise have	1170
attached to the child's person, or otherwise be subject to	1171
monitoring by a certified electronic monitoring device or to	1172
participate in the operation of and monitoring by a certified	1173
electronic monitoring system; to remain in the child's home or	1174
other specified premises for the entire period of electronically	1175
monitored house arrest except when the court permits the child to	1176
leave those premises to go to school or to other specified	1177
premises; to be monitored by a central system that can determine	1178
the child's location at designated times; to report periodically	1179
to a person designated by the court; and to enter into a written	1180
contract with the court agreeing to comply with all requirements	1181
imposed by the court, agreeing to pay any fee imposed by the court	1182
for the costs of the electronically monitored house arrest, and	1183
agreeing to waive the right to receive credit for any time served	1184
on electronically monitored house arrest toward the period of any	1185
other dispositional order imposed upon the child if the child	1186
violates any of the requirements of the dispositional order of	1187
electronically monitored house arrest. The court also may impose	1188
other reasonable requirements upon the child.	1189

Unless ordered by the court, a child shall not receive credit	1190
for any time served on electronically monitored house arrest	1191
toward any other dispositional order imposed upon the child for	1192
the act for which was imposed the dispositional order of	1193
electronically monitored house arrest.	1194

(l) A suspension of the driver's license, probationary	1195
driver's license, or temporary instruction permit issued to the	1196
child or a suspension of the registration of all motor vehicles	1197
registered in the name of the child. A child whose license or	1198
permit is so suspended is ineligible for issuance of a license or	1199
permit during the period of suspension. At the end of the period	1200
of suspension, the child shall not be reissued a license or permit	1201
until the child has paid any applicable reinstatement fee and	1202
complied with all requirements governing license reinstatement.	1203

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

1204

(5) Require the child to not be absent without legitimate	1205
excuse from the public school the child is supposed to attend for	1206
five or more consecutive days, seven or more school days in one	1207
school month, or twelve or more school days in a school year;	1208

(6)(a) If a child is adjudicated a delinquent child for	1209
being a chronic truant or an habitual truant who previously has	1210
been adjudicated an unruly child for being a habitual truant, do	1211
either or both of the following:	1212

(i) Require the child to participate in a truancy prevention	1213
mediation program;	1214

(ii) Make any order of disposition as authorized by this	1215
section, except that the court shall not commit the child to a	1216
facility described in division (A)(2) of this section unless the	1217
court determines that the child violated a lawful court order made	1218
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	1219
Code or division (A)(5) of this section.	1220

(b) If a child is adjudicated a delinquent child for being a	1221
chronic truant or a habitual truant who previously has been	1222
adjudicated an unruly child for being a habitual truant and the	1223
court determines that the parent, guardian, or other person having	1224
care of the child has failed to cause the child's attendance at	1225
school in violation of section 3321.38 of the Revised Code, do	1226
either or both of the following:	1227

(i) Require the parent, guardian, or other person having	1228
care of the child to participate in a truancy prevention mediation	1229
program;	1230

(ii) Require the parent, guardian, or other person having	1231
care of the child to participate in any community service program,	1232
preferably a community service program that requires the	1233
involvement of the parent, guardian, or other person having care	1234
of the child in the school attended by the child.	1235

(7) Make any further disposition that the court finds	1236
proper, except that the child shall not be placed in any of the	1237
following:	1238

(a) A state correctional institution, a county, multicounty,	1239
or municipal jail or workhouse, or another place in which an adult	1240
convicted of a crime, under arrest, or charged with a crime is	1241
held;	1242

(b) A community corrections facility, if the child would be	1243
covered by the definition of public safety beds for purposes of	1244
sections 5139.41 to 5139.45 of the Revised Code if the court	1245
exercised its authority to commit the child to the legal custody	1246
of the department of youth services for institutionalization or	1247
institutionalization in a secure facility pursuant to this	1248
chapter.	1249

(B) If a child is adjudicated a delinquent child, in	1250
addition to any order of disposition made under division (A) of	1251
this section, the court, in the following situations, shall	1252
suspend the child's temporary instruction permit, restricted	1253
license, probationary driver's license, or nonresident operating	1254
privilege, or suspend the child's ability to obtain such a permit:	1255

(1) The child is adjudicated a delinquent child for	1256
violating section 2923.122 of the Revised Code, with the	1257
suspension and denial being in accordance with division (E)(1)(a),	1258
(c), (d), or (e) of section 2923.122 of the Revised Code.	1259

(2) The child is adjudicated a delinquent child for	1260
committing an act that if committed by an adult would be a drug	1261
abuse offense or for violating division (B) of section 2917.11 of	1262
the Revised Code, with the suspension continuing until the child	1263
attends and satisfactorily completes a drug abuse or alcohol abuse	1264
education, intervention, or treatment program specified by the	1265
court. During the time the child is attending the program, the	1266
court shall retain any temporary instruction permit, probationary	1267
driver's license, or driver's license issued to the child, and the	1268
court shall return the permit or license when the child	1269
satisfactorily completes the program.	1270

(C) The court may establish a victim-offender mediation	1271
program in which victims and their offenders meet to discuss the	1272
offense and suggest possible restitution. If the court obtains	1273
the assent of the victim of the delinquent act committed by the	1274
child, the court may require the child to participate in the	1275
program.	1276

(D)(1) If a child is adjudicated a delinquent child for	1277
committing an act that would be a felony if committed by an adult	1278
and if the child caused, attempted to cause, threatened to cause,	1279
or created a risk of physical harm to the victim of the act, the	1280
court, prior to issuing an order of disposition under this	1281
section, shall order the preparation of a victim impact statement	1282
by the probation department of the county in which the victim of	1283
the act resides, by the court's own probation department, or by a	1284
victim assistance program that is operated by the state, a county,	1285
a municipal corporation, or another governmental entity. The court	1286
shall consider the victim impact statement in determining the	1287
order of disposition to issue for the child.	1288

(2) Each victim impact statement shall identify the victim	1289
of the act for which the child was adjudicated a delinquent child,	1290
itemize any economic loss suffered by the victim as a result of	1291
the act, identify any physical injury suffered by the victim as a	1292
result of the act and the seriousness and permanence of the	1293
injury, identify any change in the victim's personal welfare or	1294
familial relationships as a result of the act and any	1295
psychological impact experienced by the victim or the victim's	1296
family as a result of the act, and contain any other information	1297
related to the impact of the act upon the victim that the court	1298
requires.	1299

(3) A victim impact statement shall be kept confidential and	1300
is not a public record. However, the court may furnish copies of	1301
the statement to the department of youth services if the	1302
delinquent child is committed to the department or to both the	1303
adjudicated delinquent child or the adjudicated delinquent child's	1304
counsel and the prosecuting attorney. The copy of a victim impact	1305
statement furnished by the court to the department pursuant to	1306
this section shall be kept confidential and is not a public	1307
record. The copies of a victim impact statement that are made	1308
available to the adjudicated delinquent child or the adjudicated	1309
delinquent child's counsel and the prosecuting attorney pursuant	1310
to this division shall be returned to the court by the person to	1311
whom they were made available immediately following the imposition	1312
of an order of disposition for the child under this chapter.	1313

(4) The department of youth services shall work with local	1314
probation departments and victim assistance programs to develop a	1315
standard victim impact statement.	1316

(E) If a child is adjudicated a delinquent child for being a	1317
chronic truant or an habitual truant who previously has been	1318
adjudicated an unruly child for being an habitual truant and the	1319
court determines that the parent, guardian, or other person having	1320
care of the child has failed to cause the child's attendance at	1321
school in violation of section 3321.38 of the Revised Code, in	1322
addition to any order of disposition it makes under this section,	1323
the court shall warn the parent, guardian, or other person having	1324
care of the child that any subsequent adjudication of the child as	1325
an unruly or delinquent child for being an habitual or chronic	1326
truant may result in a criminal charge against the parent,	1327
guardian, or other person having care of the child for a violation	1328
of division (C) of section 2919.21 or section 2919.24 of the	1329
Revised Code.	1330

(F)(1) During the period of a delinquent child's community	1331
control granted under this section, authorized probation officers	1332
who are engaged within the scope of their supervisory duties or	1333
responsibilities may search, with or without a warrant, the person	1334
of the delinquent child, the place of residence of the delinquent	1335
child, and a motor vehicle, another item of tangible or intangible	1336
personal property, or other real property in which the delinquent	1337
child has a right, title, or interest or for which the delinquent	1338
child has the express or implied permission of a person with a	1339
right, title, or interest to use, occupy, or possess if the	1340
probation officers have reasonable grounds to believe that the	1341
delinquent child is not abiding by the law or otherwise is not	1342
complying with the conditions of the delinquent child's community	1343
control. The court that places a delinquent child on community	1344
control under this section shall provide the delinquent child with	1345
a written notice that informs the delinquent child that authorized	1346
probation officers who are engaged within the scope of their	1347
supervisory duties or responsibilities may conduct those types of	1348
searches during the period of community control if they have	1349
reasonable grounds to believe that the delinquent child is not	1350
abiding by the law or otherwise is not complying with the	1351
conditions of the delinquent child's community control. The court	1352
also shall provide the written notice described in division (E)(2)	1353
of this section to each parent, guardian, or custodian of the	1354
delinquent child who is described in that division.	1355

(2) The court that places a child on community control under	1356
this section shall provide the child's parent, guardian, or other	1357
custodian with a written notice that informs them that authorized	1358
probation officers may conduct searches pursuant to division	1359
(E)(1) of this section. The notice shall specifically state that	1360
a permissible search might extend to a motor vehicle, another item	1361
of tangible or intangible personal property, or a place of	1362
residence or other real property in which a notified parent,	1363
guardian, or custodian has a right, title, or interest and that	1364
the parent, guardian, or custodian expressly or impliedly permits	1365
the child to use, occupy, or possess.	1366

(G) If a juvenile court commits a delinquent child to the	1367
custody of any person, organization, or entity pursuant to this	1368
section and if the delinquent act for which the child is so	1369
committed is a sexually oriented offense, the court in the order	1370
of disposition shall informdo one of the following:	1371

(1) Require that the child be provided treatment as described	1372
in division (A)(2) of section 5139.13 of the Revised Code;	1373

(2) Inform the person, organization, or entity that it is the	1374
preferred course of action in this state that the child be	1375
provided treatment as described in division (A)(2) of section	1376
5139.13 of the Revised Code and shall encourage the person,	1377
organization, or entity to provide that treatment.	1378

Sec. 2152.22.  (A) When a child is committed to the legal	1379
custody of the department of youth services under this chapter,	1380
the juvenile court relinquishes control with respect to the child	1381
so committed, except as provided in divisions (B), (C), and (G) of	1382
this section or in sections 2152.82 to 2152.85 of the Revised	1383
Code. Subject to divisions (B) and (C) of this section, sections	1384
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections	1385
2152.82 to 2152.85 of the Revised Code, and any other provision of	1386
law that specifies a different duration for a dispositional order,	1387
all other dispositional orders made by the court under this	1388
chapter shall be temporary and shall continue for a period that is	1389
designated by the court in its order, until terminated or modified	1390
by the court or until the child attains twenty-one years of age.	1391

The department shall not release the child from a department	1392
facility and as a result shall not discharge the child or order	1393
the child's release on supervised release prior to the expiration	1394
of the minimum period of court control over the childspecified by	1395
the court in division (A)(1) of section 2152.16 of the Revised	1396
Code and any term of commitment imposed under section 2152.17 of	1397
the Revised Code or prior to the child's attainment of twenty-one	1398
years of age, except upon the order of a court pursuant to	1399
division (B) or (C) of this section or in accordance with section	1400
5139.54 of the Revised Code.	1401

(B)(1) The court that commits a delinquent child to the	1402
department may grant judicial release of the child to court	1403
supervision under this division, during any of the following	1404
periods that are applicableduring the first half of the	1405
prescribed minimum term for which the child was committed to the	1406
department or, if the child was committed to the department until	1407
the child attains twenty-one years of age, during the first half	1408
of the prescribed period of commitment that begins on the first	1409
day of commitment and ends on the child's twenty-first birthday,	1410
provided any commitment imposed under division (A), (B), or (C),	1411
or (D) of section 2152.17 of the Revised Code has ended:	1412

(a) If the child was given a disposition under section	1413
2152.16 of the Revised Code for committing an act that would be a	1414
felony of the third, fourth, or fifth degree if committed by an	1415
adult, at any time during the first ninety days of the period of	1416
court control over the child;	1417

(b) If the child was given a disposition under section	1418
2152.13 or 2152.16 of the Revised Code, or both of those sections,	1419
for committing an act that would be a felony of the first or	1420
second degree if committed by an adult, at any time during the	1421
first one hundred eighty days of the period of court control over	1422
the child;	1423

(c) If the child was committed to the department until the	1424
child attains twenty-one years of age for an act that would be	1425
aggravated murder or murder if committed by an adult, at any time	1426
during the first half of the prescribed period of that commitment	1427
of the child.	1428

(2) If the department of youth services desires to release a	1429
child during a period specified in division (B)(1) of this	1430
section, it shall request the court that committed the child to	1431
grant a judicial release of the child to court supervision. During	1432
whichever of those periods is applicable, the child or the parents	1433
of the child also may request that court to grant a judicial	1434
release of the child to court supervision. Upon receipt of a	1435
request for a judicial release to court supervision from the	1436
department, the child, or the child's parent, or upon its own	1437
motion, the court that committed the child shall do one of the	1438
following: approve the release by journal entry; schedule within	1439
thirty days after the request is received a time for a hearing on	1440
whether the child is to be released; or reject the request by	1441
journal entry without conducting a hearing.	1442

If the court rejects an initial request for a release under	1443
this division by the child or the child's parent, the child or the	1444
child's parent may make one additional request for a judicial	1445
release to court supervision within the applicable period. The	1446
additional request may be made no earlier than thirty days after	1447
the filing of the prior request for a judicial release to court	1448
supervision. Upon the filing of a second request for a judicial	1449
release to court supervision, the court shall either approve or	1450
disapprove the release by journal entry or schedule within thirty	1451
days after the request is received a time for a hearing on whether	1452
the child is to be released.	1453

(3) If a court schedules a hearing under division (B)(2) of	1454
this section, it may order the department to deliver the child to	1455
the court on the date set for the hearing and may order the	1456
department to present to the court a report on the child's	1457
progress in the institution to which the child was committed and	1458
recommendations for conditions of supervision of the child by the	1459
court after release. The court may conduct the hearing without	1460
the child being present. The court shall determine at the hearing	1461
whether the child should be granted a judicial release to court	1462
supervision.	1463

If the court approves the release, it shall order its staff	1464
to prepare a written treatment and rehabilitation plan for the	1465
child that may include any conditions of the child's release that	1466
were recommended by the department and approved by the court. The	1467
committing court shall send the juvenile court of the county in	1468
which the child is placed a copy of the recommended plan. The	1469
court of the county in which the child is placed may adopt the	1470
recommended conditions set by the committing court as an order of	1471
the court and may add any additional consistent conditions it	1472
considers appropriate. If a child is granted a judicial release	1473
to court supervision, the release discharges the child from the	1474
custody of the department of youth services.	1475

(C)(1) The court that commits a delinquent child to the	1476
department may grant judicial release of the child to department	1477
of youth services supervision under this division, during any of	1478
the following periods that are applicableduring the second half	1479
of the prescribed minimum term for which the child was committed	1480
to the department or, if the child was committed to the department	1481
until the child attains twenty-one years of age, during the second	1482
half of the prescribed period of commitment that begins on the	1483
first day of commitment and ends on the child's twenty-first	1484
birthday, provided any commitment imposed under division (A), (B),	1485
or (C), or (D) of section 2152.17 of the Revised Code has ended:	1486

(a) If the child was given a disposition under section	1487
2152.16 of the Revised Code for an act that would be a felony of	1488
the third, fourth, or fifth degree if committed by an adult, at	1489
any time during the period of court control over the child,	1490
provided that at least ninety days of that period have elapsed;	1491

(b) If the child was given a disposition under section	1492
2152.13 or 2152.16 of the Revised Code, or both of those sections,	1493
for an act that would be a felony of the first or second degree if	1494
committed by an adult, at any time during the period of court	1495
control over the child, provided that at least one hundred eighty	1496
days of that period have elapsed;	1497

(c) If the child was committed to the department for an act	1498
that would be aggravated murder or murder if committed by an adult	1499
until the child attains twenty-one years of age, at any time	1500
during the second half of the prescribed period of that commitment	1501
of the child.	1502

(2) If the department of youth services desires to release a	1503
child during a period specified in division (C)(1) of this	1504
section, it shall request the court that committed the child to	1505
grant a judicial release to department of youth services	1506
supervision. During whichever of those periods is applicable, the	1507
child or the child's parent also may request the court that	1508
committed the child to grant a judicial release to department of	1509
youth services supervision. Upon receipt of a request for	1510
judicial release to department of youth services supervision, the	1511
child, or the child's parent, or upon its own motion at any time	1512
during that period, the court shall do one of the following:	1513
approve the release by journal entry; schedule a time within	1514
thirty days after receipt of the request for a hearing on whether	1515
the child is to be released; or reject the request by journal	1516
entry without conducting a hearing.	1517

If the court rejects an initial request for release under	1518
this division by the child or the child's parent, the child or the	1519
child's parent may make one or more subsequent requests for a	1520
release within the applicable period, but may make no more than	1521
one request during each period of ninety days that the child is in	1522
a secure department facility after the filing of a prior request	1523
for early release. Upon the filing of a request for release under	1524
this division subsequent to an initial request, the court shall	1525
either approve or disapprove the release by journal entry or	1526
schedule a time within thirty days after receipt of the request	1527
for a hearing on whether the child is to be released.	1528

(3) If a court schedules a hearing under division (C)(2) of	1529
this section, it may order the department to deliver the child to	1530
the court on the date set for the hearing and shall order the	1531
department to present to the court at that time a treatment plan	1532
for the child's post-institutional care. The court may conduct	1533
the hearing without the child being present. The court shall	1534
determine at the hearing whether the child should be granted a	1535
judicial release to department of youth services supervision.	1536

If the court approves the judicial release to department of	1537
youth services supervision, the department shall prepare a written	1538
treatment and rehabilitation plan for the child pursuant to	1539
division (E) of this section that shall include the conditions of	1540
the child's release. It shall send the committing court and the	1541
juvenile court of the county in which the child is placed a copy	1542
of the plan. The court of the county in which the child is placed	1543
may adopt the conditions set by the department as an order of the	1544
court and may add any additional consistent conditions it	1545
considers appropriate, provided that the court may not add any	1546
condition that decreases the level or degree of supervision	1547
specified by the department in its plan, that substantially	1548
increases the financial burden of supervision that will be	1549
experienced by the department, or that alters the placement	1550
specified by the department in its plan. If the court of the	1551
county in which the child is placed adds to the department's plan	1552
any additional conditions, it shall enter those additional	1553
conditions in its journal and shall send to the department a copy	1554
of the journal entry of the additional conditions.	1555

If the court approves the judicial release to department of	1556
youth services supervision, the actual date on which the	1557
department shall release the child is contingent upon the	1558
department finding a suitable placement for the child. If the	1559
child is to be returned to the child's home, the department shall	1560
return the child on the date that the court schedules for the	1561
child's release or shall bear the expense of any additional time	1562
that the child remains in a department facility. If the child is	1563
unable to return to the child's home, the department shall	1564
exercise reasonable diligence in finding a suitable placement for	1565
the child, and the child shall remain in a department facility	1566
while the department finds the suitable placement.	1567

(D) If a child is released under division (B) or (C) of this	1568
section and the court of the county in which the child is placed	1569
has reason to believe that the child's deportment is not in	1570
accordance with the conditions of the child's judicial release,	1571
the court of the county in which the child is placed shall	1572
schedule a time for a hearing to determine whether the child	1573
violated any of the post-release conditions, and, if the child was	1574
released under division (C) of this section, divisions (A) to (E)	1575
of section 5139.52 of the Revised Code apply regarding the child.	1576

If that court determines at the hearing that the child	1577
violated any of the post-release conditions, the court, if it	1578
determines that the violation was a serious violation, may order	1579
the child to be returned to the department for	1580
institutionalization, consistent with the original order of	1581
commitment of the child, or in any case may make any other	1582
disposition of the child authorized by law that the court	1583
considers proper. If the court of the county in which the child	1584
is placed orders the child to be returned to a department of youth	1585
services institution, the time during which the child was held in	1586
a secure department facility prior to the child's judicial release	1587
shall be considered as time served in fulfilling the prescribed	1588
period of institutionalization that is applicable to the child	1589
under the child's original order of commitment. If the court	1590
orders the child returned to a department institution, the child	1591
shall remain in institutional care for a minimum of three months	1592
or until the child successfully completes a revocation program of	1593
a duration of not less than thirty days operated either by the	1594
department or by an entity with which the department has	1595
contracted to provide a revocation program.	1596

(E) The department of youth services, prior to the release	1597
of a child pursuant to division (C) of this section, shall do all	1598
of the following:	1599

(1) After reviewing the child's rehabilitative progress	1600
history and medical and educational records, prepare a written	1601
treatment and rehabilitation plan for the child that includes	1602
conditions of the release;	1603

(2) Completely discuss the conditions of the plan prepared	1604
pursuant to division (E)(1) of this section and the possible	1605
penalties for violation of the plan with the child and the child's	1606
parents, guardian, or legal custodian;	1607

(3) Have the plan prepared pursuant to division (E)(1) of	1608
this section signed by the child, the child's parents, legal	1609
guardian, or custodian, and any authority or person that is to	1610
supervise, control, and provide supportive assistance to the child	1611
at the time of the child's release pursuant to division (C) of	1612
this section;	1613

(4) Prior to the child's release, file a copy of the	1614
treatment plan prepared pursuant to division (E)(1) of this	1615
section with the committing court and the juvenile court of the	1616
county in which the child is to be placed.	1617

(F) The department of youth services shall file a written	1618
progress report with the committing court regarding each child	1619
released pursuant to division (C) of this section at least once	1620
every thirty days unless specifically directed otherwise by the	1621
court. The report shall indicate the treatment and rehabilitative	1622
progress of the child and the child's family, if applicable, and	1623
shall include any suggestions for altering the program, custody,	1624
living arrangements, or treatment. The department shall retain	1625
legal custody of a child so released until it discharges the child	1626
or until the custody is terminated as otherwise provided by law.	1627

(G) When a child is committed to the legal custody of the	1628
department of youth services, the court retains jurisdiction to	1629
perform the functions specified in section 5139.51 of the Revised	1630
Code with respect to the granting of supervised release by the	1631
release authority and to perform the functions specified in	1632
section 5139.52 of the Revised Code with respect to violations of	1633
the conditions of supervised release granted by the release	1634
authority and to the revocation of supervised release granted by	1635
the release authority.	1636

Sec.  2152.71.  (A)(1) The juvenile court shall maintain	1637
records of all official cases brought before it, including, but	1638
not limited to, an appearance docket, a journal, and, in cases	1639
pertaining to an alleged delinquent child, arrest and custody	1640
records, complaints, journal entries, and hearing summaries. The	1641
court shall maintain a separate docket for traffic cases and shall	1642
record all traffic cases on the separate docket instead of on the	1643
general appearance docket. The parents, guardian, or other	1644
custodian of any child affected, if they are living, or the	1645
nearest of kin of the child, if the parents are deceased, may	1646
inspect these records, either in person or by counsel, during the	1647
hours in which the court is open. Division (A)(1) of this section	1648
does not require the release or authorize the inspection of arrest	1649
or incident reports, law enforcement investigatory reports or	1650
records, or witness statements.	1651

(2) The juvenile court shall send to the superintendent of	1652
the bureau of criminal identification and investigation, pursuant	1653
to section 109.57 of the Revised Code, a weekly report containing	1654
a summary of each case that has come before it and that involves	1655
the disposition of a child who is a delinquent child for	1656
committing an act that would be a felony or an offense of violence	1657
if committed by an adult.	1658

(B) The clerk of the court shall maintain a statistical	1659
record that includes all of the following:	1660

(1) The number of complaints that are filed with, or	1661
indictments or information made to, the court that allege that a	1662
child is a delinquent child, in relation to which the court	1663
determines under division (D) of section 2151.27 of the Revised	1664
Code that the victim of the alleged delinquent act was sixty-five	1665
years of age or older or permanently and totally disabled at the	1666
time of the alleged commission of the act;	1667

(2) The number of complaints, indictments, or information	1668
described in division (B)(1) of this section that result in the	1669
child being adjudicated a delinquent child;	1670

(3) The number of complaints, indictments, or information	1671
described in division (B)(2) of this section in which the act upon	1672
which the delinquent child adjudication is based caused property	1673
damage or would be a theft offense, as defined in division (K) of	1674
section 2913.01 of the Revised Code, if committed by an adult;	1675

(4) The number of complaints, indictments, or information	1676
described in division (B)(3) of this section that result in the	1677
delinquent child being required as an order of disposition made	1678
under division (A) of section 2152.20 of the Revised Code to make	1679
restitution for all or part of the property damage caused by the	1680
child's delinquent act or for all or part of the value of the	1681
property that was the subject of the delinquent act that would be	1682
a theft offense if committed by an adult;	1683

(5) The number of complaints, indictments, or information	1684
described in division (B)(2) of this section in which the act upon	1685
which the delinquent child adjudication is based would have been	1686
an offense of violence if committed by an adult;	1687

(6) The number of complaints, indictments, or information	1688
described in division (B)(5) of this section that result in the	1689
delinquent child being committed as an order of disposition made	1690
under section 2152.16, divisions (A) and (B) of section 2152.17,	1691
or division (A)(2) of section 2159.192152.19 of the Revised Code	1692
to any facility for delinquent children operated by the county, a	1693
district, or a private agency or organization or to the department	1694
of youth services;	1695

(7) The number of complaints, indictments, or information	1696
described in division (B)(1) of this section that result in the	1697
case being transferred for criminal prosecution to an appropriate	1698
court having jurisdiction of the offense under section 2152.12 of	1699
the Revised Code.	1700

(C) The clerk of the court shall compile an annual summary	1701
covering the preceding calendar year showing all of the	1702
information for that year contained in the statistical record	1703
maintained under division (B) of this section. The statistical	1704
record and the annual summary shall be public records open for	1705
inspection. Neither the statistical record nor the annual summary	1706
shall include the identity of any party to a case.	1707

(D) Not later than June of each year, the court shall	1708
prepare an annual report covering the preceding calendar year	1709
showing the number and kinds of cases that have come before it,	1710
the disposition of the cases, and any other data pertaining to the	1711
work of the court that the juvenile judge directs. The court	1712
shall file copies of the report with the board of county	1713
commissioners. With the approval of the board, the court may	1714
print or cause to be printed copies of the report for distribution	1715
to persons and agencies interested in the court or community	1716
program for dependent, neglected, abused, or delinquent children	1717
and juvenile traffic offenders. The court shall include the	1718
number of copies ordered printed and the estimated cost of each	1719
printed copy on each copy of the report printed for distribution.	1720

Sec. 2152.82. (A) IfThe court that adjudicates a child is	1721
adjudicated a delinquent child for committing on or after the	1722
effective date of this section a sexually oriented offense, the	1723
juvenile court judge who adjudicates the child a delinquent child	1724
shall issue as part of the dispositional order an order that	1725
classifies the child a juvenile sex offender registrant and	1726
specifies that the child has a duty to register under section	1727
2950.04 of the Revised Code if the delinquentall of the following	1728
apply:	1729

(1) The act for which the child is adjudicated a delinquent	1730
child is a sexually oriented offense that the child committed on	1731
or after January 1, 2002.	1732

(2) The child was fourteen, fifteen, sixteen, or seventeen	1733
years of age at the time of committing the offense, and the	1734
delinquent.	1735

(3) The court has determined that the child previously was	1736
convicted of, pleaded guilty to, or was adjudicated a delinquent	1737
child for committing any sexually oriented offense, regardless of	1738
when the prior offense was committed and regardless of the	1739
delinquent child's age at the time of committing the offense.	1740

(B) An order required under division (A) of this section	1741
shall be issued at the time the judge makes the orders of	1742
disposition for the delinquent child. Prior to issuing the order	1743
required by division (A) of this section, the judge shall conduct	1744
the hearing and make the determinations required by, and otherwise	1745
comply with, divisionsdivision (B) and (E) of section 2950.09 of	1746
the Revised Code to determine if the child is to be classified a	1747
sexual predator, shall make the determinations required by	1748
division (E) of that section to determine if the child is to be	1749
classified a habitual sex offender, and shall otherwise comply	1750
with those divisions. When a judge issues an order under division	1751
(A) of this section, all of the following apply:	1752

(1) The judge shall include in the order any determination	1753
that the delinquent child is a sexual predator or is a habitual	1754
sex offender that the judge makes pursuant to division (B) or (E)	1755
of section 2950.09 of the Revised Code and any related information	1756
required or authorized under the division under which the	1757
determination is made, including, but not limited to, any	1758
requirement imposed by the court subjecting a child who is a	1759
habitual sex offender to community notification provisions as	1760
described in division (E) of that section.	1761

(2) The judge shall include in the order a statement that,	1762
upon completion of the disposition of the delinquent child that	1763
was made for the sexually oriented offense upon which the order is	1764
based, a hearing will be conducted, and the order and any	1765
determinations included in the order are subject to modification	1766
or termination pursuant to sections 2152.84 and 2152.85 of the	1767
Revised Code.	1768

(3) The judge shall provide a copy of the order to the	1769
delinquent child and to the delinquent child's parent, guardian,	1770
or custodian, as part of the notice provided under divisions (A)	1771
and (B) of section 2950.03 of the Revised Code.	1772

(4) The judge shall include the order in the delinquent	1773
child's dispositional order and shall specify in the dispositional	1774
order that the order issued under division (A) of this section was	1775
made pursuant to this section.	1776

(C) An order issued under division (A) of this section and	1777
any determinations included in the order shall remain in effect	1778
for the period of time specified in section 2950.07 of the Revised	1779
Code, subject to a modification or termination of the order under	1780
section 2152.84 or 2152.85 of the Revised Code. If an order is	1781
issued under division (A) of this section, the child's attainment	1782
of eighteen or twenty-one years of age does not affect or	1783
terminate the order, and the order remains in effect for the	1784
period of time described in this division.	1785

Sec. 2152.83. (A) If a(1) The court that adjudicates a	1786
child a delinquent child shall issue as part of the dispositional	1787
order or, if the court commits the child for the delinquent act to	1788
the custody of a secure facility, shall issue at the time of the	1789
child's release from the secure facility, an order that classifies	1790
the child a juvenile sex offender registrant and specifies that	1791
the child has a duty to register under section 2950.04 of the	1792
Revised Code if all of the following apply:	1793

(a) The act for which the child is or was adjudicated a	1794
delinquent child for committing on or after the effective date of	1795
this sectionis a sexually oriented offense, if thethat the child	1796
committed on or after January 1, 2002.	1797

(b) The child was sixteen or seventeen years of age at the	1798
time of committing the offense, and if the juvenile.	1799

(c) The court judge was not required to classify the child a	1800
juvenile sex offender registrant under section 2152.82 of the	1801
Revised Code, upon the child's discharge or release from a secure	1802
facility or at the time of disposition if the judge does not	1803
commit the child to the custody of a secure facility, the juvenile	1804
court judge who adjudicated the child a delinquent child, or that	1805
judge's successor in office, shall issue an order that classifies	1806
the child a juvenile sex offender registrant and specifies that	1807
the child has a duty to register under section 2950.04 of the	1808
Revised Code. Prior	1809

(2) Prior to issuing the order required by division (A)(2) of	1810
this section, the judge shall conduct the hearing and make the	1811
determinations required by, and otherwise comply with, divisions	1812
division (B) and (E) of section 2950.09 of the Revised Code to	1813
determine if the child is to be classified as a sexual predator,	1814
shall make the determinations required by division (E) of that	1815
section to determine if the child is to be classified as a	1816
habitual sex offender, and shall otherwise comply with those	1817
divisions. When a judge issues an order under division (A)(1) of	1818
this section, the judge shall include in the order any	1819
determination that the delinquent child is a sexual predator or is	1820
a habitual sex offender that the judge makes pursuant to division	1821
(B) or (E) of section 2950.09 of the Revised Code and any related	1822
information required or authorized under the division under which	1823
the determination is made, including, but not limited to, any	1824
requirement imposed by the court subjecting a child who is a	1825
habitual sex offender to community notification provisions as	1826
described in division (E) of that sectionall of the	1827
determinations and information identified in division (B)(1) of	1828
section 2152.82 of the Revised Code that are relevant.	1829

(B) If a(1) The court that adjudicates a child a delinquent	1830
child, on the judge's own motion, may conduct at the time of	1831
disposition of the child or, if the court commits the child for	1832
the delinquent act to the custody of a secure facility, may	1833
conduct at the time of the child's release from the secure	1834
facility, a hearing for the purposes described in division (B)(2)	1835
of this section if all of the following apply:	1836

(a) The act for which the child is adjudicated a delinquent	1837
child for committing on or after the effective date of this	1838
sectionis a sexually oriented offense, if the delinquentthat the	1839
child committed on or after January 1, 2002.	1840

(b) The child was fourteen or fifteen years of age at the	1841
time of committing the offense, and if the juvenile.	1842

(c) The court judge was not required to classify the child a	1843
juvenile sex offender registrant under section 2152.82 of the	1844
Revised Code, upon the child's discharge or release from a secure	1845
facility or at the time of disposition if the judge does not	1846
commit the child to the custody of a secure facility, the juvenile	1847
court judge who adjudicated the child a delinquent child, or that	1848
judge's successor in office, may, on the judge's own motion,	1849
conduct a hearing.	1850

(2) A judge shall conduct a hearing under division (B)(1) of	1851
this section to review the effectiveness of the disposition made	1852
of the child and of any treatment provided for athe child placed	1853
in a secure setting and to determine whether the child should be	1854
classified a juvenile sex offender registrant. The judge may	1855
conduct the hearing on the judge's own initiative or based upon a	1856
recommendation of an officer or employee of the department of	1857
youth services, a probation officer, an employee of the court, or	1858
a prosecutor or law enforcement officer. If the judge conducts	1859
the hearing, upon completion of the hearing, the judge, in the	1860
judge's discretion and after consideration of the factors listed	1861
in division (E) of this section, shall do either of the following:	1862

(1)(a) Decline to issue an order that classifies the child a	1863
juvenile sex offender registrant and specifies that the child has	1864
a duty to register under section 2950.04 of the Revised Code;	1865

(2)(b) Issue an order that classifies the child a juvenile	1866
sex offender registrant and specifies that the child has a duty to	1867
register under section 2950.04 of the Revised Code and, if the	1868
judge determines as described in division (C) of this section that	1869
the child is a sexual predator or a habitual sex offender, include	1870
in the order a statement that the judge has determined that the	1871
child is a sexual predator or a habitual sex offender, whichever	1872
is applicable.	1873

(C) A judge may issue an order under division (B) of this	1874
section that contains a determination that a delinquent child is a	1875
sexual predator only if the judge, in accordance with the	1876
procedures specified in division (B) of section 2950.09 of the	1877
Revised Code, determines at the hearing by clear and convincing	1878
evidence that the child is a sexual predator. A judge may issue	1879
an order under division (B) of this section that contains a	1880
determination that a delinquent child is a habitual sex offender	1881
only if the judge determines at the hearing determines as	1882
described in division (E) of section 2950.09 of the Revised Code	1883
that the child is a habitual sex offender. If the judge issues an	1884
order under division (B) of this section that contains a	1885
determination that a delinquent child is a habitual sex offender,	1886
the judge may impose a requirement subjecting the child to	1887
community notification provisions as described in division (E) of	1888
section 2950.09 of the Revised Code.	1889

(D) If a judge issues an order under division (A) or (B) of	1890
this section, the judge shall provide to the delinquent child and	1891
to the delinquent child's parent, guardian, or custodian a copy of	1892
the order and a notice containing the information described in	1893
divisions (A) and (B) of section 2950.03 of the Revised Code. The	1894
judge shall provide the notice at the time of the issuance of the	1895
order, shall provide the notice as described in division (B)(1)(c)	1896
of that section, and shall comply with divisions (B)(1), (B)(2),	1897
and (C) of that section regarding that notice.	1898

The judge also shall include in the order a statement that,	1899
upon completion of the disposition of the delinquent child that	1900
was made for the sexually oriented offense upon which the order is	1901
based, a hearing will be conducted and the order is subject to	1902
modification or termination pursuant to section 2152.84 of the	1903
Revised Code.	1904

(E) In making a decision under division (B) of this section	1905
as to whether a delinquent child should be classified a juvenile	1906
sex offender registrant and, if so, whether the child also is a	1907
sexual predator or a habitual sex offender, a judge shall consider	1908
all relevant factors, including, but not limited to, all of the	1909
following:	1910

(1) The nature of the sexually oriented offense committed by	1911
the child;	1912

(2) Whether the child has shown any genuine remorse or	1913
compunction for the offense;	1914

(3) The public interest and safety;

1915

(4) The factors set forth in division (B)(3) of section	1916
2950.09 of the Revised Code;	1917

(5) The factors set forth in divisions (B) and (C) of section	1918
2929.12 of the Revised Code as those factors apply regarding the	1919
delinquent child, the offense, and the victim;	1920

(6) The results of any treatment provided to the child and of	1921
any follow-up professional assessment of the child.	1922

(F) An order issued under division (A) or (B) of this section	1923
shall remain in effect for the period of time specified in section	1924
2950.07 of the Revised Code, subject to a modification or	1925
termination of the order under section 2152.84 of the Revised	1926
Code. The child's attainment of eighteen or twenty-one years of	1927
age does not affect or terminate the order, and the order remains	1928
in effect for the period of time described in this division.	1929

(G) As used in the section, "secure facility" has the same	1930
meaning as in section 2950.01 of the Revised Code.	1931

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	1932
order under section 2152.82 or division (A) or (B) of section	1933
2152.83 of the Revised Code that classifies a delinquent child a	1934
juvenile sex offender registrant and specifies that the child has	1935
a duty to register under section 2950.04 of the Revised Code, upon	1936
completion of the disposition of that delinquent child that the	1937
judge made for the sexually oriented offense on which the juvenile	1938
sex offender registrant order was based, the judge or the judge's	1939
successor in office shall conduct a hearing to do all of the	1940
following:	1941

(a) Reviewreview the effectiveness of the disposition and	1942
of any treatment provided for the child;	1943

(b) If the order also contains a determination that the	1944
delinquent child is a sexual predator or habitual sex offender	1945
that the court made pursuant to division (B) or (E) of section	1946
2950.09 of the Revised Code, determine whether the classification	1947
of the child as a sexual predator, habitual sex offender, or	1948
juvenile sex offender registrant should be continued or modified	1949
or, regarding an order issued under division (B) of section	1950
2152.83 of the Revised Code, terminated;	1951

(c) If the order was issued under division (B) of section	1952
2152.83 of the Revised Code and does not contain a sexual predator	1953
determination that the court makes as described in division	1954
(A)(1)(b) of this section, to determine the risks that the child	1955
might re-offend, and to determine whether the prior classification	1956
of the child as a juvenile sex offender registrant and, if	1957
applicable, as a sexual predator or habitual sex offender should	1958
be continued, modified, or terminated as provided under division	1959
(A)(2) of this section.	1960

(2) Upon completion of a hearing under division (A)(1) of	1961
this section, the judge, in the judge's discretion and after	1962
consideration of the factors listed in division (E) of this	1963
section 2152.83 of the Revised Code, shall do one of the	1964
following, as applicable:	1965

(a) Enter an order that continues the classification of the	1966
delinquent child made in the prior order issued under section	1967
2152.82 or division (A) or (B) of section 2152.83 of the Revised	1968
Code, and any sexual predator or habitual sex offender	1969
determination included in the order;	1970

(b) If the prior order was issued under section 2152.82 or	1971
division (A) of section 2152.83 of the Revised Code and includes a	1972
determination by the judge that the delinquent child is a sexual	1973
predator, enter an order that contains a determination that the	1974
delinquent child no longer is a sexual predator and that also	1975
contains either a determination that the delinquent child is a	1976
habitual sex offender or a determination that the delinquent child	1977
remains a juvenile sex offender registrant but is not a sexual	1978
predator or habitual sex offender;	1979

(c) If the prior order was issued under section 2152.82 or	1980
division (A) of section 2152.83 of the Revised Code and does not	1981
include a sexual predator determination as described in division	1982
(A)(2)(b) of this section but includes a determination by the	1983
judge that the delinquent child is a habitual sex offender, enter	1984
an order that contains a determination that the delinquent child	1985
no longer is a habitual sex offender and that also contains a	1986
determination that the delinquent child remains a juvenile sex	1987
offender registrant but is not a habitual sex offender;	1988

(d) If the prior order was issued under division (B) of	1989
section 2152.83 of the Revised Code and includes a determination	1990
by the judge that the delinquent child is a sexual predator, enter	1991
an order that contains a determination that the delinquent child	1992
no longer is a sexual predator and that also contains a	1993
determination that the delinquent child is a habitual sex	1994
offender, a determination that the delinquent child remains a	1995
juvenile sex offender registrant but is not a sexual predator or	1996
habitual sex offender, or a determination that specifies that the	1997
delinquent child no longer is a juvenile sex offender registrant	1998
and no longer has a duty to register under section 2950.04 of the	1999
Revised Code;	2000

(e) If the prior order was issued under division (B) of	2001
section 2152.83 of the Revised Code and does not include a sexual	2002
predator determination as described in division (A)(2)(d) of this	2003
section but includes a determination by the judge that the	2004
delinquent child is a habitual sex offender, enter an order that	2005
contains a determination that the child no longer is a habitual	2006
sex offender and that also contains either a determination that	2007
the child remains a juvenile sex offender registrant but is not a	2008
sexual predator or habitual sex offender or a determination that	2009
specifies that the child no longer is a juvenile sex offender	2010
registrant and no longer has a duty to register under section	2011
2950.04 of the Revised Code;	2012

(f) If the prior order was issued under division (B) of	2013
section 2152.83 of the Revised Code and the order does not include	2014
a sexual predator determination or a habitual sex offender	2015
determination as described in divisions (A)(2)(d) and (e) of this	2016
section, enter an order that contains a determination that the	2017
delinquent child no longer is a juvenile sex offender registrant	2018
and no longer has a duty to register under section 2950.04 of the	2019
Revised Code.	2020

(B) If a judge issues an order under division (A)(2)(a) of	2021
this section that continues the prior classification of the	2022
delinquent child as a juvenile sex offender registrant and any	2023
sexual predator or habitual sex offender determination included in	2024
the order, the prior classification and the prior determination,	2025
if applicable, shall remain in effect.	2026

A judge may issue an order under division (A)(2) of this	2027
section that contains a determination that a child no longer is a	2028
sexual predator only if the judge, in accordance with the	2029
procedures specified in division (D)(1) of section 2950.09 of the	2030
Revised Code, determines at the hearing by clear and convincing	2031
evidence that the delinquent child is unlikely to commit a	2032
sexually oriented offense in the future. If the judge issues an	2033
order of that type, the judge shall provide the notifications	2034
described in division (D)(1) of section 2950.09 of the Revised	2035
Code, and the recipient of the notification shall comply with the	2036
provisions of that division.	2037

If a judge issues an order under division (A)(2) of this	2038
section that otherwise reclassifies the delinquent child, the	2039
judge shall provide a copy of the order to the bureau of criminal	2040
identification and investigation, and the bureau, upon receipt of	2041
the copy of the order, promptly shall notify the sheriff with whom	2042
the child most recently registered under section 2950.04 of the	2043
Revised Code of the reclassification.	2044

(C) If a judge issues an order under any provision of	2045
division (A)(2) of this section, the judge shall provide to the	2046
delinquent child and to the delinquent child's parent, guardian,	2047
or custodian a copy of the order and a notice containing the	2048
information described in divisions (A) and (B) of section 2950.03	2049
of the Revised Code. The judge shall provide the notice at the	2050
time of the issuance of the order, shall provide the notice as	2051
described in division (B)(1)(c) of that section, and shall comply	2052
with divisions (B)(1), (B)(2), and (C) of that section regarding	2053
that notice.	2054

(D) In making a decision under division (A) of this section,	2055
a judge shall consider all relevant factors, including, but not	2056
limited to, the factors listed in division (E) of section 2152.83	2057
of the Revised Code.	2058

(E) An order issued under division (A)(2) of this section	2059
and any determinations included in the order shall remain in	2060
effect for the period of time specified in section 2950.07 of the	2061
Revised Code, subject to a modification or termination of the	2062
order under section 2152.85 of the Revised Code. If an order is	2063
issued under division (A)(2) of this section, the child's	2064
attainment of eighteen or twenty-one years of age does not affect	2065
or terminate the order, and the order remains in effect for the	2066
period of time described in this division.	2067

Sec. 2301.03.  (A) In Franklin county, the judges of the	2068
court of common pleas whose terms begin on January 1, 1953,	2069
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	2070
1997, and successors, shall have the same qualifications, exercise	2071
the same powers and jurisdiction, and receive the same	2072
compensation as other judges of the court of common pleas of	2073
Franklin county and shall be elected and designated as judges of	2074
the court of common pleas, division of domestic relations. They	2075
shall have all the powers relating to juvenile courts, and all	2076
cases under Chapters 2151. and 2152. of the Revised Code, all	2077
parentage proceedings under Chapter 3111. of the Revised Code over	2078
which the juvenile court has jurisdiction, and all divorce,	2079
dissolution of marriage, legal separation, and annulment cases	2080
shall be assigned to them. In addition to the judge's regular	2081
duties, the judge who is senior in point of service shall serve on	2082
the children services board and the county advisory board and	2083
shall be the administrator of the domestic relations division and	2084
its subdivisions and departments.	2085

(B) In Hamilton county:

2086

(1) The judge of the court of common pleas, whose term	2087
begins on January 1, 1957, and successors, and the judge of the	2088
court of common pleas, whose term begins on February 14, 1967, and	2089
successors, shall be the juvenile judges as provided in Chapters	2090
2151. and 2152. of the Revised Code, with the powers and	2091
jurisdiction conferred by those chapters.	2092

(2) The judges of the court of common pleas whose terms	2093
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	2094
successors, shall be elected and designated as judges of the court	2095
of common pleas, division of domestic relations, and shall have	2096
assigned to them all divorce, dissolution of marriage, legal	2097
separation, and annulment cases coming before the court. On or	2098
after the first day of July and before the first day of August of	2099
1991 and each year thereafter, a majority of the judges of the	2100
division of domestic relations shall elect one of the judges of	2101
the division as administrative judge of that division. If a	2102
majority of the judges of the division of domestic relations are	2103
unable for any reason to elect an administrative judge for the	2104
division before the first day of August, a majority of the judges	2105
of the Hamilton county court of common pleas, as soon as possible	2106
after that date, shall elect one of the judges of the division of	2107
domestic relations as administrative judge of that division. The	2108
term of the administrative judge shall begin on the earlier of the	2109
first day of August of the year in which the administrative judge	2110
is elected or the date on which the administrative judge is	2111
elected by a majority of the judges of the Hamilton county court	2112
of common pleas and shall terminate on the date on which the	2113
administrative judge's successor is elected in the following year.	2114

In addition to the judge's regular duties, the administrative	2115
judge of the division of domestic relations shall be the	2116
administrator of the domestic relations division and its	2117
subdivisions and departments and shall have charge of the	2118
employment, assignment, and supervision of the personnel of the	2119
division engaged in handling, servicing, or investigating divorce,	2120
dissolution of marriage, legal separation, and annulment cases,	2121
including any referees considered necessary by the judges in the	2122
discharge of their various duties.	2123

The administrative judge of the division of domestic	2124
relations also shall designate the title, compensation, expense	2125
allowances, hours, leaves of absence, and vacations of the	2126
personnel of the division, and shall fix the duties of its	2127
personnel. The duties of the personnel, in addition to those	2128
provided for in other sections of the Revised Code, shall include	2129
the handling, servicing, and investigation of divorce, dissolution	2130
of marriage, legal separation, and annulment cases and counseling	2131
and conciliation services that may be made available to persons	2132
requesting them, whether or not the persons are parties to an	2133
action pending in the division.	2134

The board of county commissioners shall appropriate the sum	2135
of money each year as will meet all the administrative expenses of	2136
the division of domestic relations, including reasonable expenses	2137
of the domestic relations judges and the division counselors and	2138
other employees designated to conduct the handling, servicing, and	2139
investigation of divorce, dissolution of marriage, legal	2140
separation, and annulment cases, conciliation and counseling, and	2141
all matters relating to those cases and counseling, and the	2142
expenses involved in the attendance of division personnel at	2143
domestic relations and welfare conferences designated by the	2144
division, and the further sum each year as will provide for the	2145
adequate operation of the division of domestic relations.	2146

The compensation and expenses of all employees and the salary	2147
and expenses of the judges shall be paid by the county treasurer	2148
from the money appropriated for the operation of the division,	2149
upon the warrant of the county auditor, certified to by the	2150
administrative judge of the division of domestic relations.	2151

The summonses, warrants, citations, subpoenas, and other	2152
writs of the division may issue to a bailiff, constable, or staff	2153
investigator of the division or to the sheriff of any county or	2154
any marshal, constable, or police officer, and the provisions of	2155
law relating to the subpoenaing of witnesses in other cases shall	2156
apply insofar as they are applicable. When a summons, warrant,	2157
citation, subpoena, or other writ is issued to an officer, other	2158
than a bailiff, constable, or staff investigator of the division,	2159
the expense of serving it shall be assessed as a part of the costs	2160
in the case involved.	2161

(3) The judge of the court of common pleas of Hamilton	2162
county whose term begins on January 3, 1997, shall be elected and	2163
designated for one term only as the drug court judge of the court	2164
of common pleas of Hamilton county, and the successors to that	2165
judge shall be elected and designated as judges of the general	2166
division of the court of common pleas of Hamilton county and shall	2167
not have the authority granted by division (B)(3) of this section.	2168
The drug court judge may accept or reject any case referred to the	2169
drug court judge under division (B)(3) of this section. After the	2170
drug court judge accepts a referred case, the drug court judge has	2171
full authority over the case, including the authority to conduct	2172
arraignment, accept pleas, enter findings and dispositions,	2173
conduct trials, order treatment, and if treatment is not	2174
successfully completed pronounce and enter sentence.	2175

A judge of the general division of the court of common pleas	2176
of Hamilton county and a judge of the Hamilton county municipal	2177
court may refer to the drug court judge any case, and any	2178
companion cases, the judge determines meet the criteria described	2179
under divisions (B)(3)(a) and (b) of this section. If the drug	2180
court judge accepts referral of a referred case, the case, and any	2181
companion cases, shall be transferred to the drug court judge. A	2182
judge may refer a case meeting the criteria described in divisions	2183
(B)(3)(a) and (b) of this section that involves a violation of a	2184
term of probation to the drug court judge, and, if the drug court	2185
judge accepts the referral, the referring judge and the drug court	2186
judge have concurrent jurisdiction over the case.	2187

A judge of the general division of the court of common pleas	2188
of Hamilton county and a judge of the Hamilton county municipal	2189
court may refer a case to the drug court judge under division	2190
(B)(3) of this section if the judge determines that both of the	2191
following apply:	2192

(a) One of the following applies:

2193

(i) The case involves a drug abuse offense, as defined in	2194
section 2925.01 of the Revised Code, that is a felony of the third	2195
or fourth degree if the offense is committed prior to July 1,	2196
1996, a felony of the third, fourth, or fifth degree if the	2197
offense is committed on or after July 1, 1996, or a misdemeanor.	2198

(ii) The case involves a theft offense, as defined in	2199
section 2913.01 of the Revised Code, that is a felony of the third	2200
or fourth degree if the offense is committed prior to July 1,	2201
1996, a felony of the third, fourth, or fifth degree if the	2202
offense is committed on or after July 1, 1996, or a misdemeanor,	2203
and the defendant is drug or alcohol dependent or in danger of	2204
becoming drug or alcohol dependent and would benefit from	2205
treatment.	2206

(b) All of the following apply:

2207

(i) The case involves a probationable offense or a case in	2208
which a mandatory prison term is not required to be imposed.	2209

(ii) The defendant has no history of violent behavior.

2210

(iii) The defendant has no history of mental illness.

2211

(iv) The defendant's current or past behavior, or both, is	2212
drug or alcohol driven.	2213

(v) The defendant demonstrates a sincere willingness to	2214
participate in a fifteen-month treatment process.	2215

(vi) The defendant has no acute health condition.

2216

(vii) If the defendant is incarcerated, the county	2217
prosecutor approves of the referral.	2218

(4) If the administrative judge of the court of common pleas	2219
of Hamilton county determines that the volume of cases pending	2220
before the drug court judge does not constitute a sufficient	2221
caseload for the drug court judge, the administrative judge, in	2222
accordance with the Rules of Superintendence for Courts of Common	2223
Pleas, shall assign individual cases to the drug court judge from	2224
the general docket of the court. If the assignments so occur, the	2225
administrative judge shall cease the assignments when the	2226
administrative judge determines that the volume of cases pending	2227
before the drug court judge constitutes a sufficient caseload for	2228
the drug court judge.	2229

(C) In Lorain county, the judges of the court of common	2230
pleas whose terms begin on January 3, 1959, January 4, 1989, and	2231
January 2, 1999, and successors, shall have the same	2232
qualifications, exercise the same powers and jurisdiction, and	2233
receive the same compensation as the other judges of the court of	2234
common pleas of Lorain county and shall be elected and designated	2235
as the judges of the court of common pleas, division of domestic	2236
relations. They shall have all of the powers relating to juvenile	2237
courts, and all cases under Chapters 2151. and 2152. of the	2238
Revised Code, all parentage proceedings over which the juvenile	2239
court has jurisdiction, and all divorce, dissolution of marriage,	2240
legal separation, and annulment cases shall be assigned to them,	2241
except cases that for some special reason are assigned to some	2242
other judge of the court of common pleas.	2243

(D) In Lucas county:

2244

(1) The judges of the court of common pleas whose terms	2245
begin on January 1, 1955, and January 3, 1965, and successors,	2246
shall have the same qualifications, exercise the same powers and	2247
jurisdiction, and receive the same compensation as other judges of	2248
the court of common pleas of Lucas county and shall be elected and	2249
designated as judges of the court of common pleas, division of	2250
domestic relations. All divorce, dissolution of marriage, legal	2251
separation, and annulment cases shall be assigned to them.	2252

The judge of the division of domestic relations, senior in	2253
point of service, shall be considered as the presiding judge of	2254
the court of common pleas, division of domestic relations, and	2255
shall be charged exclusively with the assignment and division of	2256
the work of the division and the employment and supervision of all	2257
other personnel of the domestic relations division.	2258

(2) The judges of the court of common pleas whose terms	2259
begin on January 5, 1977, and January 2, 1991, and successors	2260
shall have the same qualifications, exercise the same powers and	2261
jurisdiction, and receive the same compensation as other judges of	2262
the court of common pleas of Lucas county, shall be elected and	2263
designated as judges of the court of common pleas, juvenile	2264
division, and shall be the juvenile judges as provided in	2265
Chapters 2151. and 2152. of the Revised Code with the powers and	2266
jurisdictions conferred by those chapters. In addition to the	2267
judge's regular duties, the judge of the court of common pleas,	2268
juvenile division, senior in point of service, shall be the	2269
administrator of the juvenile division and its subdivisions and	2270
departments and shall have charge of the employment, assignment,	2271
and supervision of the personnel of the division engaged in	2272
handling, servicing, or investigating juvenile cases, including	2273
any referees considered necessary by the judges of the division in	2274
the discharge of their various duties.	2275

The judge of the court of common pleas, juvenile division,	2276
senior in point of service, also shall designate the title,	2277
compensation, expense allowance, hours, leaves of absence, and	2278
vacation of the personnel of the division and shall fix the duties	2279
of the personnel of the division. The duties of the personnel, in	2280
addition to other statutory duties include the handling,	2281
servicing, and investigation of juvenile cases and counseling and	2282
conciliation services that may be made available to persons	2283
requesting them, whether or not the persons are parties to an	2284
action pending in the division.	2285

(3) If one of the judges of the court of common pleas,	2286
division of domestic relations, or one of the judges of the	2287
juvenile division is sick, absent, or unable to perform that	2288
judge's judicial duties or the volume of cases pending in that	2289
judge's division necessitates it, the duties shall be performed by	2290
the judges of the other of those divisions.	2291

(E) In Mahoning county:

2292

(1) The judge of the court of common pleas whose term began	2293
on January 1, 1955, and successors, shall have the same	2294
qualifications, exercise the same powers and jurisdiction, and	2295
receive the same compensation as other judges of the court of	2296
common pleas of Mahoning county, shall be elected and designated	2297
as judge of the court of common pleas, division of domestic	2298
relations, and shall be assigned all the divorce, dissolution of	2299
marriage, legal separation, and annulment cases coming before the	2300
court. In addition to the judge's regular duties, the judge of	2301
the court of common pleas, division of domestic relations, shall	2302
be the administrator of the domestic relations division and its	2303
subdivisions and departments and shall have charge of the	2304
employment, assignment, and supervision of the personnel of the	2305
division engaged in handling, servicing, or investigating divorce,	2306
dissolution of marriage, legal separation, and annulment cases,	2307
including any referees considered necessary in the discharge of	2308
the various duties of the judge's office.	2309

The judge also shall designate the title, compensation,	2310
expense allowances, hours, leaves of absence, and vacations of the	2311
personnel of the division and shall fix the duties of the	2312
personnel of the division. The duties of the personnel, in	2313
addition to other statutory duties, include the handling,	2314
servicing, and investigation of divorce, dissolution of marriage,	2315
legal separation, and annulment cases and counseling and	2316
conciliation services that may be made available to persons	2317
requesting them, whether or not the persons are parties to an	2318
action pending in the division.	2319

(2) The judge of the court of common pleas whose term began	2320
on January 2, 1969, and successors, shall have the same	2321
qualifications, exercise the same powers and jurisdiction, and	2322
receive the same compensation as other judges of the court of	2323
common pleas of Mahoning county, shall be elected and designated	2324
as judge of the court of common pleas, juvenile division, and	2325
shall be the juvenile judge as provided in Chapters 2151. and	2326
2152. of the Revised Code, with the powers and jurisdictions	2327
conferred by those chapters. In addition to the judge's regular	2328
duties, the judge of the court of common pleas, juvenile division,	2329
shall be the administrator of the juvenile division and its	2330
subdivisions and departments and shall have charge of the	2331
employment, assignment, and supervision of the personnel of the	2332
division engaged in handling, servicing, or investigating juvenile	2333
cases, including any referees considered necessary by the judge in	2334
the discharge of the judge's various duties.	2335

The judge also shall designate the title, compensation,	2336
expense allowances, hours, leaves of absence, and vacation of the	2337
personnel of the division and shall fix the duties of the	2338
personnel of the division. The duties of the personnel, in	2339
addition to other statutory duties, include the handling,	2340
servicing, and investigation of juvenile cases and counseling and	2341
conciliation services that may be made available to persons	2342
requesting them, whether or not the persons are parties to an	2343
action pending in the division.	2344

(3) If a judge of the court of common pleas, division of	2345
domestic relations or juvenile division, is sick, absent, or	2346
unable to perform that judge's judicial duties, or the volume of	2347
cases pending in that judge's division necessitates it, that	2348
judge's duties shall be performed by another judge of the court of	2349
common pleas.	2350

(F) In Montgomery county:

2351

(1) The judges of the court of common pleas whose terms	2352
begin on January 2, 1953, and January 4, 1977, and successors,	2353
shall have the same qualifications, exercise the same powers and	2354
jurisdiction, and receive the same compensation as other judges of	2355
the court of common pleas of Montgomery county and shall be	2356
elected and designated as judges of the court of common pleas,	2357
division of domestic relations. These judges shall have assigned	2358
to them all divorce, dissolution of marriage, legal separation,	2359
and annulment cases.	2360

The judge of the division of domestic relations, senior in	2361
point of service, shall be charged exclusively with the assignment	2362
and division of the work of the division and shall have charge of	2363
the employment and supervision of the personnel of the division	2364
engaged in handling, servicing, or investigating divorce,	2365
dissolution of marriage, legal separation, and annulment cases,	2366
including any necessary referees, except those employees who may	2367
be appointed by the judge, junior in point of service, under this	2368
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	2369
Code. The judge of the division of domestic relations, senior in	2370
point of service, also shall designate the title, compensation,	2371
expense allowances, hours, leaves of absence, and vacation of the	2372
personnel of the division and shall fix their duties.	2373

(2) The judges of the court of common pleas whose terms	2374
begin on January 1, 1953, and January 1, 1993, and successors,	2375
shall have the same qualifications, exercise the same powers and	2376
jurisdiction, and receive the same compensation as other judges of	2377
the court of common pleas of Montgomery county, shall be elected	2378
and designated as judges of the court of common pleas, juvenile	2379
division, and shall be, and have the powers and jurisdiction of,	2380
the juvenile judge as provided in Chapters 2151. and 2152. of the	2381
Revised Code.	2382

In addition to the judge's regular duties, the judge of the	2383
court of common pleas, juvenile division, senior in point of	2384
service, shall be the administrator of the juvenile division and	2385
its subdivisions and departments and shall have charge of the	2386
employment, assignment, and supervision of the personnel of the	2387
juvenile division, including any necessary referees, who are	2388
engaged in handling, servicing, or investigating juvenile cases.	2389
The judge, senior in point of service, also shall designate the	2390
title, compensation, expense allowances, hours, leaves of absence,	2391
and vacation of the personnel of the division and shall fix their	2392
duties. The duties of the personnel, in addition to other	2393
statutory duties, shall include the handling, servicing, and	2394
investigation of juvenile cases and of any counseling and	2395
conciliation services that are available upon request to persons,	2396
whether or not they are parties to an action pending in the	2397
division.	2398

If one of the judges of the court of common pleas, division	2399
of domestic relations, or one of the judges of the court of common	2400
pleas, juvenile division, is sick, absent, or unable to perform	2401
that judge's duties or the volume of cases pending in that judge's	2402
division necessitates it, the duties of that judge may be	2403
performed by the judge or judges of the other of those divisions.	2404

(G) In Richland county, the judge of the court of common	2405
pleas whose term begins on January 1, 1957, and successors, shall	2406
have the same qualifications, exercise the same powers and	2407
jurisdiction, and receive the same compensation as the other	2408
judges of the court of common pleas of Richland county and shall	2409
be elected and designated as judge of the court of common pleas,	2410
division of domestic relations. That judge shall have all of the	2411
powers relating to juvenile courts, and all cases under Chapters	2412
2151. and 2152. of the Revised Code, all parentage proceedings	2413
over which the juvenile court has jurisdiction, and all divorce,	2414
dissolution of marriage, legal separation, and annulment cases	2415
shall be assigned to that judge, except in cases that for some	2416
special reason are assigned to some other judge of the court of	2417
common pleas.	2418

(H) In Stark county, the judges of the court of common pleas	2419
whose terms begin on January 1, 1953, January 2, 1959, and January	2420
1, 1993, and successors, shall have the same qualifications,	2421
exercise the same powers and jurisdiction, and receive the same	2422
compensation as other judges of the court of common pleas of Stark	2423
county and shall be elected and designated as judges of the court	2424
of common pleas, division of domestic relations. They shall have	2425
all the powers relating to juvenile courts, and all cases under	2426
Chapters 2151. and 2152. of the Revised Code, all parentage	2427
proceedings over which the juvenile court has jurisdiction, and	2428
all divorce, dissolution of marriage, legal separation, and	2429
annulment cases, except cases that are assigned to some other	2430
judge of the court of common pleas for some special reason, shall	2431
be assigned to the judges.	2432

The judge of the division of domestic relations, second most	2433
senior in point of service, shall have charge of the employment	2434
and supervision of the personnel of the division engaged in	2435
handling, servicing, or investigating divorce, dissolution of	2436
marriage, legal separation, and annulment cases, and necessary	2437
referees required for the judge's respective court.	2438

The judge of the division of domestic relations, senior in	2439
point of service, shall be charged exclusively with the	2440
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	2441
of the Revised Code and with the assignment and division of the	2442
work of the division and the employment and supervision of all	2443
other personnel of the division, including, but not limited to,	2444
that judge's necessary referees, but excepting those employees who	2445
may be appointed by the judge second most senior in point of	2446
service. The senior judge further shall serve in every other	2447
position in which the statutes permit or require a juvenile judge	2448
to serve.	2449

(I) In Summit county:

2450

(1) The judges of the court of common pleas whose terms	2451
begin on January 4, 1967, and January 6, 1993, and successors,	2452
shall have the same qualifications, exercise the same powers and	2453
jurisdiction, and receive the same compensation as other judges of	2454
the court of common pleas of Summit county and shall be elected	2455
and designated as judges of the court of common pleas, division of	2456
domestic relations. The judges of the division of domestic	2457
relations shall have assigned to them and hear all divorce,	2458
dissolution of marriage, legal separation, and annulment cases	2459
that come before the court. Except in cases that are subject to	2460
the exclusive original jurisdiction of the juvenile court, the	2461
judges of the division of domestic relations shall have assigned	2462
to them and hear all cases pertaining to paternity, custody,	2463
visitation, child support, or the allocation of parental rights	2464
and responsibilities for the care of children and all post-decree	2465
proceedings arising from any case pertaining to any of those	2466
matters. The judges of the division of domestic relations shall	2467
have assigned to them and hear all proceedings under the uniform	2468
interstate family support act contained in Chapter 3115. of the	2469
Revised Code.	2470

The judge of the division of domestic relations, senior in	2471
point of service, shall be the administrator of the domestic	2472
relations division and its subdivisions and departments and shall	2473
have charge of the employment, assignment, and supervision of the	2474
personnel of the division, including any necessary referees, who	2475
are engaged in handling, servicing, or investigating divorce,	2476
dissolution of marriage, legal separation, and annulment cases.	2477
That judge also shall designate the title, compensation, expense	2478
allowances, hours, leaves of absence, and vacations of the	2479
personnel of the division and shall fix their duties. The duties	2480
of the personnel, in addition to other statutory duties, shall	2481
include the handling, servicing, and investigation of divorce,	2482
dissolution of marriage, legal separation, and annulment cases and	2483
of any counseling and conciliation services that are available	2484
upon request to all persons, whether or not they are parties to an	2485
action pending in the division.	2486

(2) The judge of the court of common pleas whose term begins	2487
on January 1, 1955, and successors, shall have the same	2488
qualifications, exercise the same powers and jurisdiction, and	2489
receive the same compensation as other judges of the court of	2490
common pleas of Summit county, shall be elected and designated as	2491
judge of the court of common pleas, juvenile division, and shall	2492
be, and have the powers and jurisdiction of, the juvenile judge as	2493
provided in Chapters 2151. and 2152. of the Revised Code. Except	2494
in cases that are subject to the exclusive original jurisdiction	2495
of the juvenile court, the judge of the juvenile division shall	2496
not have jurisdiction or the power to hear, and shall not be	2497
assigned, any case pertaining to paternity, custody, visitation,	2498
child support, or the allocation of parental rights and	2499
responsibilities for the care of children or any post-decree	2500
proceeding arising from any case pertaining to any of those	2501
matters. The judge of the juvenile division shall not have	2502
jurisdiction or the power to hear, and shall not be assigned, any	2503
proceeding under the uniform interstate family support act	2504
contained in Chapter 3115. of the Revised Code.	2505

The juvenile judge shall be the administrator of the juvenile	2506
division and its subdivisions and departments and shall have	2507
charge of the employment, assignment, and supervision of the	2508
personnel of the juvenile division, including any necessary	2509
referees, who are engaged in handling, servicing, or investigating	2510
juvenile cases. The judge also shall designate the title,	2511
compensation, expense allowances, hours, leaves of absence, and	2512
vacation of the personnel of the division and shall fix their	2513
duties. The duties of the personnel, in addition to other	2514
statutory duties, shall include the handling, servicing, and	2515
investigation of juvenile cases and of any counseling and	2516
conciliation services that are available upon request to persons,	2517
whether or not they are parties to an action pending in the	2518
division.	2519

(J) In Trumbull county, the judges of the court of common	2520
pleas whose terms begin on January 1, 1953, and January 2, 1977,	2521
and successors, shall have the same qualifications, exercise the	2522
same powers and jurisdiction, and receive the same compensation as	2523
other judges of the court of common pleas of Trumbull county and	2524
shall be elected and designated as judges of the court of common	2525
pleas, division of domestic relations. They shall have all the	2526
powers relating to juvenile courts, and all cases under Chapters	2527
2151. and 2152. of the Revised Code, all parentage proceedings	2528
over which the juvenile court has jurisdiction, and all divorce,	2529
dissolution of marriage, legal separation, and annulment cases	2530
shall be assigned to them, except cases that for some special	2531
reason are assigned to some other judge of the court of common	2532
pleas.	2533

(K) In Butler county:

2534

(1) The judges of the court of common pleas whose terms	2535
begin on January 1, 1957, and January 4, 1993, and successors,	2536
shall have the same qualifications, exercise the same powers and	2537
jurisdiction, and receive the same compensation as other judges of	2538
the court of common pleas of Butler county and shall be elected	2539
and designated as judges of the court of common pleas, division of	2540
domestic relations. The judges of the division of domestic	2541
relations shall have assigned to them all divorce, dissolution of	2542
marriage, legal separation, and annulment cases coming before the	2543
court, except in cases that for some special reason are assigned	2544
to some other judge of the court of common pleas. The judge	2545
senior in point of service shall be charged with the assignment	2546
and division of the work of the division and with the employment	2547
and supervision of all other personnel of the domestic relations	2548
division.	2549

The judge senior in point of service also shall designate the	2550
title, compensation, expense allowances, hours, leaves of absence,	2551
and vacations of the personnel of the division and shall fix their	2552
duties. The duties of the personnel, in addition to other	2553
statutory duties, shall include the handling, servicing, and	2554
investigation of divorce, dissolution of marriage, legal	2555
separation, and annulment cases and providing any counseling and	2556
conciliation services that the division makes available to	2557
persons, whether or not the persons are parties to an action	2558
pending in the division, who request the services.	2559

(2) The judges of the court of common pleas whose terms	2560
begin on January 3, 1987, and January 2, 2003, and successors,	2561
shall have the same qualifications, exercise the same powers and	2562
jurisdiction, and receive the same compensation as other judges of	2563
the court of common pleas of Butler county, shall be elected and	2564
designated as judges of the court of common pleas, juvenile	2565
division, and shall be the juvenile judges as provided in	2566
Chapters 2151. and 2152. of the Revised Code, with the powers and	2567
jurisdictions conferred by those chapters. The judge of the court	2568
of common pleas, juvenile division, who is senior in point of	2569
service, shall be the administrator of the juvenile division and	2570
its subdivisions and departments. The judge, senior in point of	2571
service, shall have charge of the employment, assignment, and	2572
supervision of the personnel of the juvenile division who are	2573
engaged in handling, servicing, or investigating juvenile cases,	2574
including any referees whom the judge considers necessary for the	2575
discharge of the judge's various duties.	2576

The judge, senior in point of service, also shall designate	2577
the title, compensation, expense allowances, hours, leaves of	2578
absence, and vacation of the personnel of the division and shall	2579
fix their duties. The duties of the personnel, in addition to	2580
other statutory duties, include the handling, servicing, and	2581
investigation of juvenile cases and providing any counseling and	2582
conciliation services that the division makes available to	2583
persons, whether or not the persons are parties to an action	2584
pending in the division, who request the services.	2585

(3) If a judge of the court of common pleas, division of	2586
domestic relations or juvenile division, is sick, absent, or	2587
unable to perform that judge's judicial duties or the volume of	2588
cases pending in the judge's division necessitates it, the duties	2589
of that judge shall be performed by the other judges of the	2590
domestic relations and juvenile divisions.	2591

(L)(1) In Cuyahoga county, the judges of the court of common	2592
pleas whose terms begin on January 8, 1961, January 9, 1961,	2593
January 18, 1975, January 19, 1975, and January 13, 1987, and	2594
successors, shall have the same qualifications, exercise the same	2595
powers and jurisdiction, and receive the same compensation as	2596
other judges of the court of common pleas of Cuyahoga county and	2597
shall be elected and designated as judges of the court of common	2598
pleas, division of domestic relations. They shall have all the	2599
powers relating to all divorce, dissolution of marriage, legal	2600
separation, and annulment cases, except in cases that are assigned	2601
to some other judge of the court of common pleas for some special	2602
reason.	2603

(2) The administrative judge is administrator of the	2604
domestic relations division and its subdivisions and departments	2605
and has the following powers concerning division personnel:	2606

(a) Full charge of the employment, assignment, and	2607
supervision;	2608

(b) Sole determination of compensation, duties, expenses,	2609
allowances, hours, leaves, and vacations.	2610

(3) "Division personnel" include persons employed or referees	2611
engaged in hearing, servicing, investigating, counseling, or	2612
conciliating divorce, dissolution of marriage, legal separation	2613
and annulment matters.	2614

(M) In Lake county:

2615

(1) The judge of the court of common pleas whose term begins	2616
on January 2, 1961, and successors, shall have the same	2617
qualifications, exercise the same powers and jurisdiction, and	2618
receive the same compensation as the other judges of the court of	2619
common pleas of Lake county and shall be elected and designated as	2620
judge of the court of common pleas, division of domestic	2621
relations. The judge shall be assigned all the divorce,	2622
dissolution of marriage, legal separation, and annulment cases	2623
coming before the court, except in cases that for some special	2624
reason are assigned to some other judge of the court of common	2625
pleas. The judge shall be charged with the assignment and	2626
division of the work of the division and with the employment and	2627
supervision of all other personnel of the domestic relations	2628
division.	2629

The judge also shall designate the title, compensation,	2630
expense allowances, hours, leaves of absence, and vacations of the	2631
personnel of the division and shall fix their duties. The duties	2632
of the personnel, in addition to other statutory duties, shall	2633
include the handling, servicing, and investigation of divorce,	2634
dissolution of marriage, legal separation, and annulment cases and	2635
providing any counseling and conciliation services that the	2636
division makes available to persons, whether or not the persons	2637
are parties to an action pending in the division, who request the	2638
services.	2639

(2) The judge of the court of common pleas whose term begins	2640
on January 4, 1979, and successors, shall have the same	2641
qualifications, exercise the same powers and jurisdiction, and	2642
receive the same compensation as other judges of the court of	2643
common pleas of Lake county, shall be elected and designated as	2644
judge of the court of common pleas, juvenile division, and shall	2645
be the juvenile judge as provided in Chapters 2151. and 2152. of	2646
the Revised Code, with the powers and jurisdictions conferred by	2647
those chapters. The judge of the court of common pleas, juvenile	2648
division, shall be the administrator of the juvenile division and	2649
its subdivisions and departments. The judge shall have charge of	2650
the employment, assignment, and supervision of the personnel of	2651
the juvenile division who are engaged in handling, servicing, or	2652
investigating juvenile cases, including any referees whom the	2653
judge considers necessary for the discharge of the judge's various	2654
duties.	2655

The judge also shall designate the title, compensation,	2656
expense allowances, hours, leaves of absence, and vacation of the	2657
personnel of the division and shall fix their duties. The duties	2658
of the personnel, in addition to other statutory duties, include	2659
the handling, servicing, and investigation of juvenile cases and	2660
providing any counseling and conciliation services that the	2661
division makes available to persons, whether or not the persons	2662
are parties to an action pending in the division, who request the	2663
services.	2664

(3) If a judge of the court of common pleas, division of	2665
domestic relations or juvenile division, is sick, absent, or	2666
unable to perform that judge's judicial duties or the volume of	2667
cases pending in the judge's division necessitates it, the duties	2668
of that judge shall be performed by the other judges of the	2669
domestic relations and juvenile divisions.	2670

(N) In Erie county, the judge of the court of common pleas	2671
whose term begins on January 2, 1971, and successors, shall have	2672
the same qualifications, exercise the same powers and	2673
jurisdiction, and receive the same compensation as the other judge	2674
of the court of common pleas of Erie county and shall be elected	2675
and designated as judge of the court of common pleas, division of	2676
domestic relations. The judge shall have all the powers relating	2677
to juvenile courts, and shall be assigned all cases under Chapters	2678
2151. and 2152. of the Revised Code, parentage proceedings over	2679
which the juvenile court has jurisdiction, and divorce,	2680
dissolution of marriage, legal separation, and annulment cases,	2681
except cases that for some special reason are assigned to some	2682
other judge.	2683

(O) In Greene county:

2684

(1) The judge of the court of common pleas whose term begins	2685
on January 1, 1961, and successors, shall have the same	2686
qualifications, exercise the same powers and jurisdiction, and	2687
receive the same compensation as the other judges of the court of	2688
common pleas of Greene county and shall be elected and designated	2689
as the judge of the court of common pleas, division of domestic	2690
relations. The judge shall be assigned all divorce, dissolution	2691
of marriage, legal separation, annulment, uniform reciprocal	2692
support enforcement, and domestic violence cases and all other	2693
cases related to domestic relations, except cases that for some	2694
special reason are assigned to some other judge of the court of	2695
common pleas.	2696

The judge shall be charged with the assignment and division	2697
of the work of the division and with the employment and	2698
supervision of all other personnel of the division. The judge	2699
also shall designate the title, compensation, hours, leaves of	2700
absence, and vacations of the personnel of the division and shall	2701
fix their duties. The duties of the personnel of the division, in	2702
addition to other statutory duties, shall include the handling,	2703
servicing, and investigation of divorce, dissolution of marriage,	2704
legal separation, and annulment cases and the provision of	2705
counseling and conciliation services that the division considers	2706
necessary and makes available to persons who request the services,	2707
whether or not the persons are parties in an action pending in the	2708
division. The compensation for the personnel shall be paid from	2709
the overall court budget and shall be included in the	2710
appropriations for the existing judges of the general division of	2711
the court of common pleas.	2712

(2) The judge of the court of common pleas whose term begins	2713
on January 1, 1995, and successors, shall have the same	2714
qualifications, exercise the same powers and jurisdiction, and	2715
receive the same compensation as the other judges of the court of	2716
common pleas of Greene county, shall be elected and designated as	2717
judge of the court of common pleas, juvenile division, and, on or	2718
after January 1, 1995, shall be the juvenile judge as provided in	2719
Chapters 2151. and 2152. of the Revised Code with the powers and	2720
jurisdiction conferred by those chapters. The judge of the court	2721
of common pleas, juvenile division, shall be the administrator of	2722
the juvenile division and its subdivisions and departments. The	2723
judge shall have charge of the employment, assignment, and	2724
supervision of the personnel of the juvenile division who are	2725
engaged in handling, servicing, or investigating juvenile cases,	2726
including any referees whom the judge considers necessary for the	2727
discharge of the judge's various duties.	2728

The judge also shall designate the title, compensation,	2729
expense allowances, hours, leaves of absence, and vacation of the	2730
personnel of the division and shall fix their duties. The duties	2731
of the personnel, in addition to other statutory duties, include	2732
the handling, servicing, and investigation of juvenile cases and	2733
providing any counseling and conciliation services that the court	2734
makes available to persons, whether or not the persons are parties	2735
to an action pending in the court, who request the services.	2736

(3) If one of the judges of the court of common pleas,	2737
general division, is sick, absent, or unable to perform that	2738
judge's judicial duties or the volume of cases pending in the	2739
general division necessitates it, the duties of that judge of the	2740
general division shall be performed by the judge of the division	2741
of domestic relations and the judge of the juvenile division.	2742

(P) In Portage county, the judge of the court of common	2743
pleas, whose term begins January 2, 1987, and successors, shall	2744
have the same qualifications, exercise the same powers and	2745
jurisdiction, and receive the same compensation as the other	2746
judges of the court of common pleas of Portage county and shall be	2747
elected and designated as judge of the court of common pleas,	2748
division of domestic relations. The judge shall be assigned all	2749
divorce, dissolution of marriage, legal separation, and annulment	2750
cases coming before the court, except in cases that for some	2751
special reason are assigned to some other judge of the court of	2752
common pleas. The judge shall be charged with the assignment and	2753
division of the work of the division and with the employment and	2754
supervision of all other personnel of the domestic relations	2755
division.	2756

The judge also shall designate the title, compensation,	2757
expense allowances, hours, leaves of absence, and vacations of the	2758
personnel of the division and shall fix their duties. The duties	2759
of the personnel, in addition to other statutory duties, shall	2760
include the handling, servicing, and investigation of divorce,	2761
dissolution of marriage, legal separation, and annulment cases and	2762
providing any counseling and conciliation services that the	2763
division makes available to persons, whether or not the persons	2764
are parties to an action pending in the division, who request the	2765
services.	2766

(Q) In Clermont county, the judge of the court of common	2767
pleas, whose term begins January 2, 1987, and successors, shall	2768
have the same qualifications, exercise the same powers and	2769
jurisdiction, and receive the same compensation as the other	2770
judges of the court of common pleas of Clermont county and shall	2771
be elected and designated as judge of the court of common pleas,	2772
division of domestic relations. The judge shall be assigned all	2773
divorce, dissolution of marriage, legal separation, and annulment	2774
cases coming before the court, except in cases that for some	2775
special reason are assigned to some other judge of the court of	2776
common pleas. The judge shall be charged with the assignment and	2777
division of the work of the division and with the employment and	2778
supervision of all other personnel of the domestic relations	2779
division.	2780

The judge also shall designate the title, compensation,	2781
expense allowances, hours, leaves of absence, and vacations of the	2782
personnel of the division and shall fix their duties. The duties	2783
of the personnel, in addition to other statutory duties, shall	2784
include the handling, servicing, and investigation of divorce,	2785
dissolution of marriage, legal separation, and annulment cases and	2786
providing any counseling and conciliation services that the	2787
division makes available to persons, whether or not the persons	2788
are parties to an action pending in the division, who request the	2789
services.	2790

(R) In Warren county, the judge of the court of common	2791
pleas, whose term begins January 1, 1987, and successors, shall	2792
have the same qualifications, exercise the same powers and	2793
jurisdiction, and receive the same compensation as the other	2794
judges of the court of common pleas of Warren county and shall be	2795
elected and designated as judge of the court of common pleas,	2796
division of domestic relations. The judge shall be assigned all	2797
divorce, dissolution of marriage, legal separation, and annulment	2798
cases coming before the court, except in cases that for some	2799
special reason are assigned to some other judge of the court of	2800
common pleas. The judge shall be charged with the assignment and	2801
division of the work of the division and with the employment and	2802
supervision of all other personnel of the domestic relations	2803
division.	2804

The judge also shall designate the title, compensation,	2805
expense allowances, hours, leaves of absence, and vacations of the	2806
personnel of the division and shall fix their duties. The duties	2807
of the personnel, in addition to other statutory duties, shall	2808
include the handling, servicing, and investigation of divorce,	2809
dissolution of marriage, legal separation, and annulment cases and	2810
providing any counseling and conciliation services that the	2811
division makes available to persons, whether or not the persons	2812
are parties to an action pending in the division, who request the	2813
services.	2814

(S) In Licking county, the judge of the court of common	2815
pleas, whose term begins January 1, 1991, and successors, shall	2816
have the same qualifications, exercise the same powers and	2817
jurisdiction, and receive the same compensation as the other	2818
judges of the court of common pleas of Licking county and shall be	2819
elected and designated as judge of the court of common pleas,	2820
division of domestic relations. The judge shall be assigned all	2821
divorce, dissolution of marriage, legal separation, and annulment	2822
cases, all cases arising under Chapter 3111. of the Revised Code,	2823
all proceedings involving child support, the allocation of	2824
parental rights and responsibilities for the care of children and	2825
the designation for the children of a place of residence and legal	2826
custodian, parenting time, and visitation, and all post-decree	2827
proceedings and matters arising from those cases and proceedings,	2828
except in cases that for some special reason are assigned to	2829
another judge of the court of common pleas. The judge shall be	2830
charged with the assignment and division of the work of the	2831
division and with the employment and supervision of the personnel	2832
of the division.	2833

The judge shall designate the title, compensation, expense	2834
allowances, hours, leaves of absence, and vacations of the	2835
personnel of the division and shall fix the duties of the	2836
personnel of the division. The duties of the personnel of the	2837
division, in addition to other statutory duties, shall include the	2838
handling, servicing, and investigation of divorce, dissolution of	2839
marriage, legal separation, and annulment cases, cases arising	2840
under Chapter 3111. of the Revised Code, and proceedings involving	2841
child support, the allocation of parental rights and	2842
responsibilities for the care of children and the designation for	2843
the children of a place of residence and legal custodian,	2844
parenting time, and visitation and providing any counseling and	2845
conciliation services that the division makes available to	2846
persons, whether or not the persons are parties to an action	2847
pending in the division, who request the services.	2848

(T) In Allen county, the judge of the court of common pleas,	2849
whose term begins January 1, 1993, and successors, shall have the	2850
same qualifications, exercise the same powers and jurisdiction,	2851
and receive the same compensation as the other judges of the court	2852
of common pleas of Allen county and shall be elected and	2853
designated as judge of the court of common pleas, division of	2854
domestic relations. The judge shall be assigned all divorce,	2855
dissolution of marriage, legal separation, and annulment cases,	2856
all cases arising under Chapter 3111. of the Revised Code, all	2857
proceedings involving child support, the allocation of parental	2858
rights and responsibilities for the care of children and the	2859
designation for the children of a place of residence and legal	2860
custodian, parenting time, and visitation, and all post-decree	2861
proceedings and matters arising from those cases and proceedings,	2862
except in cases that for some special reason are assigned to	2863
another judge of the court of common pleas. The judge shall be	2864
charged with the assignment and division of the work of the	2865
division and with the employment and supervision of the personnel	2866
of the division.	2867

The judge shall designate the title, compensation, expense	2868
allowances, hours, leaves of absence, and vacations of the	2869
personnel of the division and shall fix the duties of the	2870
personnel of the division. The duties of the personnel of the	2871
division, in addition to other statutory duties, shall include the	2872
handling, servicing, and investigation of divorce, dissolution of	2873
marriage, legal separation, and annulment cases, cases arising	2874
under Chapter 3111. of the Revised Code, and proceedings involving	2875
child support, the allocation of parental rights and	2876
responsibilities for the care of children and the designation for	2877
the children of a place of residence and legal custodian,	2878
parenting time, and visitation, and providing any counseling and	2879
conciliation services that the division makes available to	2880
persons, whether or not the persons are parties to an action	2881
pending in the division, who request the services.	2882

(U) In Medina county, the judge of the court of common pleas	2883
whose term begins January 1, 1995, and successors, shall have the	2884
same qualifications, exercise the same powers and jurisdiction,	2885
and receive the same compensation as other judges of the court of	2886
common pleas of Medina county and shall be elected and designated	2887
as judge of the court of common pleas, division of domestic	2888
relations. The judge shall be assigned all divorce, dissolution	2889
of marriage, legal separation, and annulment cases, all cases	2890
arising under Chapter 3111. of the Revised Code, all proceedings	2891
involving child support, the allocation of parental rights and	2892
responsibilities for the care of children and the designation for	2893
the children of a place of residence and legal custodian,	2894
parenting time, and visitation, and all post-decree proceedings	2895
and matters arising from those cases and proceedings, except in	2896
cases that for some special reason are assigned to another judge	2897
of the court of common pleas. The judge shall be charged with the	2898
assignment and division of the work of the division and with the	2899
employment and supervision of the personnel of the division.	2900

The judge shall designate the title, compensation, expense	2901
allowances, hours, leaves of absence, and vacations of the	2902
personnel of the division and shall fix the duties of the	2903
personnel of the division. The duties of the personnel, in	2904
addition to other statutory duties, include the handling,	2905
servicing, and investigation of divorce, dissolution of marriage,	2906
legal separation, and annulment cases, cases arising under Chapter	2907
3111. of the Revised Code, and proceedings involving child	2908
support, the allocation of parental rights and responsibilities	2909
for the care of children and the designation for the children of a	2910
place of residence and legal custodian, parenting time, and	2911
visitation, and providing counseling and conciliation services	2912
that the division makes available to persons, whether or not the	2913
persons are parties to an action pending in the division, who	2914
request the services.	2915

(V) In Fairfield county, the judge of the court of common	2916
pleas whose term begins January 2, 1995, and successors, shall	2917
have the same qualifications, exercise the same powers and	2918
jurisdiction, and receive the same compensation as the other	2919
judges of the court of common pleas of Fairfield county and shall	2920
be elected and designated as judge of the court of common pleas,	2921
division of domestic relations. The judge shall be assigned all	2922
divorce, dissolution of marriage, legal separation, and annulment	2923
cases, all cases arising under Chapter 3111. of the Revised Code,	2924
all proceedings involving child support, the allocation of	2925
parental rights and responsibilities for the care of children and	2926
the designation for the children of a place of residence and legal	2927
custodian, parenting time, and visitation, and all post-decree	2928
proceedings and matters arising from those cases and proceedings,	2929
except in cases that for some special reason are assigned to	2930
another judge of the court of common pleas. The judge also has	2931
concurrent jurisdiction with the probate-juvenile division of the	2932
court of common pleas of Fairfield county with respect to and may	2933
hear cases to determine the custody of a child, as defined in	2934
section 2151.011 of the Revised Code, who is not the ward of	2935
another court of this state, cases that are commenced by a parent,	2936
guardian, or custodian of a child, as defined in section 2151.011	2937
of the Revised Code, to obtain an order requiring a parent of the	2938
child to pay child support for that child when the request for	2939
that order is not ancillary to an action for divorce, dissolution	2940
of marriage, annulment, or legal separation, a criminal or civil	2941
action involving an allegation of domestic violence, an action for	2942
support under Chapter 3115. of the Revised Code, or an action that	2943
is within the exclusive original jurisdiction of the	2944
probate-juvenile division of the court of common pleas of	2945
Fairfield county and that involves an allegation that the child is	2946
an abused, neglected, or dependent child, and post-decree	2947
proceedings and matters arising from those types of cases.	2948

The judge of the domestic relations division shall be charged	2949
with the assignment and division of the work of the division and	2950
with the employment and supervision of the personnel of the	2951
division.	2952

The judge shall designate the title, compensation, expense	2953
allowances, hours, leaves of absence, and vacations of the	2954
personnel of the division and shall fix the duties of the	2955
personnel of the division. The duties of the personnel of the	2956
division, in addition to other statutory duties, shall include the	2957
handling, servicing, and investigation of divorce, dissolution of	2958
marriage, legal separation, and annulment cases, cases arising	2959
under Chapter 3111. of the Revised Code, and proceedings involving	2960
child support, the allocation of parental rights and	2961
responsibilities for the care of children and the designation for	2962
the children of a place of residence and legal custodian,	2963
parenting time, and visitation, and providing any counseling and	2964
conciliation services that the division makes available to	2965
persons, regardless of whether the persons are parties to an	2966
action pending in the division, who request the services. When	2967
the judge hears a case to determine the custody of a child, as	2968
defined in section 2151.011 of the Revised Code, who is not the	2969
ward of another court of this state or a case that is commenced by	2970
a parent, guardian, or custodian of a child, as defined in section	2971
2151.011 of the Revised Code, to obtain an order requiring a	2972
parent of the child to pay child support for that child when the	2973
request for that order is not ancillary to an action for divorce,	2974
dissolution of marriage, annulment, or legal separation, a	2975
criminal or civil action involving an allegation of domestic	2976
violence, an action for support under Chapter 3115. of the Revised	2977
Code, or an action that is within the exclusive original	2978
jurisdiction of the probate-juvenile division of the court of	2979
common pleas of Fairfield county and that involves an allegation	2980
that the child is an abused, neglected, or dependent child, the	2981
duties of the personnel of the domestic relations division also	2982
include the handling, servicing, and investigation of those types	2983
of cases.	2984

(W)(1) In Clark county, the judge of the court of common	2985
pleas whose term begins on January 2, 1995, and successors, shall	2986
have the same qualifications, exercise the same powers and	2987
jurisdiction, and receive the same compensation as other judges of	2988
the court of common pleas of Clark county and shall be elected and	2989
designated as judge of the court of common pleas, domestic	2990
relations division. The judge shall have all the powers relating	2991
to juvenile courts, and all cases under Chapters 2151. and 2152.	2992
of the Revised Code and all parentage proceedings under Chapter	2993
3111. of the Revised Code over which the juvenile court has	2994
jurisdiction shall be assigned to the judge of the division of	2995
domestic relations. All divorce, dissolution of marriage, legal	2996
separation, annulment, uniform reciprocal support enforcement, and	2997
other cases related to domestic relations shall be assigned to the	2998
domestic relations division, and the presiding judge of the court	2999
of common pleas shall assign the cases to the judge of the	3000
domestic relations division and the judges of the general	3001
division.	3002

(2) In addition to the judge's regular duties, the judge of	3003
the division of domestic relations shall serve on the children	3004
services board and the county advisory board.	3005

(3) If the judge of the court of common pleas of Clark	3006
county, division of domestic relations, is sick, absent, or unable	3007
to perform that judge's judicial duties or if the presiding judge	3008
of the court of common pleas of Clark county determines that the	3009
volume of cases pending in the division of domestic relations	3010
necessitates it, the duties of the judge of the division of	3011
domestic relations shall be performed by the judges of the general	3012
division or probate division of the court of common pleas of Clark	3013
county, as assigned for that purpose by the presiding judge of	3014
that court, and the judges so assigned shall act in conjunction	3015
with the judge of the division of domestic relations of that	3016
court.	3017

(X) In Scioto county, the judge of the court of common pleas	3018
whose term begins January 2, 1995, and successors, shall have the	3019
same qualifications, exercise the same powers and jurisdiction,	3020
and receive the same compensation as other judges of the court of	3021
common pleas of Scioto county and shall be elected and designated	3022
as judge of the court of common pleas, division of domestic	3023
relations. The judge shall be assigned all divorce, dissolution	3024
of marriage, legal separation, and annulment cases, all cases	3025
arising under Chapter 3111. of the Revised Code, all proceedings	3026
involving child support, the allocation of parental rights and	3027
responsibilities for the care of children and the designation for	3028
the children of a place of residence and legal custodian,	3029
parenting time, visitation, and all post-decree proceedings and	3030
matters arising from those cases and proceedings, except in cases	3031
that for some special reason are assigned to another judge of the	3032
court of common pleas. The judge shall be charged with the	3033
assignment and division of the work of the division and with the	3034
employment and supervision of the personnel of the division.	3035

The judge shall designate the title, compensation, expense	3036
allowances, hours, leaves of absence, and vacations of the	3037
personnel of the division and shall fix the duties of the	3038
personnel of the division. The duties of the personnel, in	3039
addition to other statutory duties, include the handling,	3040
servicing, and investigation of divorce, dissolution of marriage,	3041
legal separation, and annulment cases, cases arising under Chapter	3042
3111. of the Revised Code, and proceedings involving child	3043
support, the allocation of parental rights and responsibilities	3044
for the care of children and the designation for the children of a	3045
place of residence and legal custodian, parenting time, and	3046
visitation, and providing counseling and conciliation services	3047
that the division makes available to persons, whether or not the	3048
persons are parties to an action pending in the division, who	3049
request the services.	3050

(Y) In Auglaize county, the judge of the probate and	3051
juvenile divisions of the Auglaize county court of common pleas	3052
also shall be the administrative judge of the domestic relations	3053
division of the court and shall be assigned all divorce,	3054
dissolution of marriage, legal separation, and annulment cases	3055
coming before the court. The judge shall have all powers as	3056
administrator of the domestic relations division and shall have	3057
charge of the personnel engaged in handling, servicing, or	3058
investigating divorce, dissolution of marriage, legal separation,	3059
and annulment cases, including any referees considered necessary	3060
for the discharge of the judge's various duties.	3061

(Z)(1) In Marion county, the judge of the court of common	3062
pleas whose term begins on February 9, 1999, and the successors to	3063
that judge, shall have the same qualifications, exercise the same	3064
powers and jurisdiction, and receive the same compensation as the	3065
other judges of the court of common pleas of Marion county and	3066
shall be elected and designated as judge of the court of common	3067
pleas, domestic relations-juvenile-probate division. Except as	3068
otherwise specified in this division, that judge, and the	3069
successors to that judge, shall have all the powers relating to	3070
juvenile courts, and all cases under Chapters 2151. and 2152. of	3071
the Revised Code, all cases arising under Chapter 3111. of the	3072
Revised Code, all divorce, dissolution of marriage, legal	3073
separation, and annulment cases, all proceedings involving child	3074
support, the allocation of parental rights and responsibilities	3075
for the care of children and the designation for the children of a	3076
place of residence and legal custodian, parenting time, and	3077
visitation, and all post-decree proceedings and matters arising	3078
from those cases and proceedings shall be assigned to that judge	3079
and the successors to that judge. Except as provided in division	3080
(Z)(2) of this section and notwithstanding any other provision of	3081
any section of the Revised Code, on and after February 9, 2003,	3082
the judge of the court of common pleas of Marion county whose term	3083
begins on February 9, 1999, and the successors to that judge,	3084
shall have all the powers relating to the probate division of the	3085
court of common pleas of Marion county in addition to the powers	3086
previously specified in this division, and shall exercise	3087
concurrent jurisdiction with the judge of the probate division of	3088
that court over all matters that are within the jurisdiction of	3089
the probate division of that court under Chapter 2101., and other	3090
provisions, of the Revised Code in addition to the jurisdiction of	3091
the domestic relations-juvenile-probate division of that court	3092
otherwise specified in division (Z)(1) of this section.	3093

(2) The judge of the domestic relations-juvenile-probate	3094
division of the court of common pleas of Marion county or the	3095
judge of the probate division of the court of common pleas of	3096
Marion county, whichever of those judges is senior in total length	3097
of service on the court of common pleas of Marion county,	3098
regardless of the division or divisions of service, shall serve as	3099
the clerk of the probate division of the court of common pleas of	3100
Marion county.	3101

(3) On and after February 9, 2003, all references in law to	3102
"the probate court," "the probate judge," "the juvenile court," or	3103
"the judge of the juvenile court" shall be construed, with respect	3104
to Marion county, as being references to both "the probate	3105
division" and "the domestic relations-juvenile-probate division"	3106
and as being references to both "the judge of the probate	3107
division" and "the judge of the domestic relations-	3108
juvenile-probate division." On and after February 9, 2003, all	3109
references in law to "the clerk of the probate court" shall be	3110
construed, with respect to Marion county, as being references to	3111
the judge who is serving pursuant to division (Z)(2) of this	3112
section as the clerk of the probate division of the court of	3113
common pleas of Marion county.	3114

(AA) In Muskingum county, the judge of the court of common	3115
pleas whose term begins on January 2, 2003, and successors, shall	3116
have the same qualifications, exercise the same powers and	3117
jurisdiction, and receive the same compensation as the other	3118
judges of the court of common pleas of Muskingum county and shall	3119
be elected and designated as the judge of the court of common	3120
pleas, division of domestic relations. The judge shall have all	3121
of the powers relating to juvenile courts and shall be assigned	3122
and hear all cases under Chapter 2151. or 2152. of the Revised	3123
Code, all parentage proceedings over which the juvenile court has	3124
jurisdiction, all divorce, dissolution of marriage, legal	3125
separation, and annulment cases, all cases arising under Chapter	3126
3111. of the Revised Code, all proceedings involvingand all	3127
proceedings under the uniform interstate family support act	3128
contained in Chapter 3115. of the Revised Code. Except in cases	3129
that are subject to the exclusive original jurisdiction of the	3130
juvenile court, the judge shall be assigned and hear all cases	3131
pertaining to paternity, visitation, child support, the allocation	3132
of parental rights and responsibilities for the care of children,	3133
and the designation for the children of a place of residence and	3134
legal custodian, and visitation, and all post-decree proceedings	3135
and matters arising from those cases and proceedings, except cases	3136
that for some special reason are assigned to some other judge of	3137
the court of common pleasany case pertaining to any of those	3138
matters.	3139

(BB) If a judge of the court of common pleas, division of	3140
domestic relations, or juvenile judge, of any of the counties	3141
mentioned in this section is sick, absent, or unable to perform	3142
that judge's judicial duties or the volume of cases pending in the	3143
judge's division necessitates it, the duties of that judge shall	3144
be performed by another judge of the court of common pleas of that	3145
county, assigned for that purpose by the presiding judge of the	3146
court of common pleas of that county to act in place of or in	3147
conjunction with that judge, as the case may require.	3148

Sec. 2927.02.  (A) As used in this section and section	3149
2927.021 of the Revised Code:	3150

(1) "Child" has the same meaning as in section 2151.011 of	3151
the Revised Code.	3152

(2) "Cigarette" includes clove cigarettes and hand-rolled	3153
cigarettes.	3154

(3) "Distribute" means to furnish, give, or provide	3155
cigarettes, other tobacco products, or papers used to roll	3156
cigarettes to the ultimate consumer of the cigarettes, other	3157
tobacco products, or papers used to roll cigarettes.	3158

(4) "Proof of age" means a driver's license, a commercial	3159
driver's license, a military identification card, a passport, or	3160
an identification card issued under sections 4507.50 to 4507.52 of	3161
the Revised Code that shows that a person is eighteen years of age	3162
or older.	3163

(5) "Tobacco product" means any product that is made from	3164
tobacco, including, but not limited to, a cigarette, a cigar, pipe	3165
tobacco, chewing tobacco, or snuff.	3166

(6) "Vending machine" has the same meaning as "coin machine"	3167
in section 2913.01 of the Revised Code.	3168

(B) No manufacturer, producer, distributor, wholesaler, or	3169
retailer of cigarettes, other tobacco products, or papers used to	3170
roll cigarettes, no agent, employee, or representative of a	3171
manufacturer, producer, distributor, wholesaler, or retailer of	3172
cigarettes, other tobacco products, or papers used to roll	3173
cigarettes, and no other person shall do any of the following:	3174

(1) Give, sell, or otherwise distribute cigarettes, other	3175
tobacco products, or papers used to roll cigarettes to any child;	3176

(2) Give away, sell, or distribute cigarettes, other tobacco	3177
products, or papers used to roll cigarettes in any place that does	3178
not have posted in a conspicuous place a sign stating that giving,	3179
selling, or otherwise distributing cigarettes, other tobacco	3180
products, or papers used to roll cigarettes to a person under	3181
eighteen years of age is prohibited by law;	3182

(3) Knowingly furnish any false information regarding the	3183
name, age, or other identification of any child with purpose to	3184
obtain cigarettes, other tobacco products, or papers used to roll	3185
cigarettes for that child.	3186

(C) No person shall sell or offer to sell cigarettes or	3187
other tobacco products by or from a vending machine, except in the	3188
following locations:	3189

(1) An area within a factory, business, office, or other	3190
place not open to the general public;	3191

(2) An area to which children are not generally permitted	3192
access;	3193

(3) Any other place not identified in division (C)(1) or (2)	3194
of this section, upon all of the following conditions:	3195

(a) The vending machine is located within the immediate	3196
vicinity, plain view, and control of the person who owns or	3197
operates the place, or an employee of that person, so that all	3198
cigarettes and other tobacco product purchases from the vending	3199
machine will be readily observed by the person who owns or	3200
operates the place or an employee of that person. For the	3201
purpose of this section, a vending machine located in any	3202
unmonitored area, including an unmonitored coatroom, restroom,	3203
hallway, or outer waiting area, shall not be considered located	3204
within the immediate vicinity, plain view, and control of the	3205
person who owns or operates the place, or an employee of that	3206
person.	3207

(b) The vending machine is inaccessible to the public when	3208
the place is closed.	3209

(D) The following are affirmative defenses to a charge under	3211
division (B)(1) of this section:	3212

(1) The child was accompanied by a parent, spouse who is	3213
eighteen years of age or older, or legal guardian of the child.	3214

(2) The person who gave, sold, or distributed cigarettes,	3215
other tobacco products, or papers used to roll cigarettes to a	3216
child under division (B)(1) of this section is a parent, spouse	3217
who is eighteen years of age or older, or legal guardian of the	3218
child.	3219

(E) It is not a violation of division (B)(1) or (2) of this	3220
section for a person to give or otherwise distribute to a child	3221
cigarettes, other tobacco products, or papers used to roll	3222
cigarettes while the child is participating in a research protocol	3223
if all of the following apply:	3224

(1) The parent, guardian, or legal custodian of the child has	3225
consented in writing to the child participating in the research	3226
protocol.	3227

(2) An institutional human subjects protection review board,	3228
or an equivalent entity, has approved the research protocol.	3229

(3) The child is participating in the research protocol at	3230
the facility or location specified in the research protocol.	3231

(F)(1) Whoever violates division (B)(1) or (2) or (C) of	3232
this section is guilty of illegal distribution of cigarettes or	3233
other tobacco products, a misdemeanor of the fourth degree. If	3234
the offender previously has been convicted of a violation of	3235
division (B)(1) or (2) or (C) of this section, illegal	3236
distribution of cigarettes or other tobacco products is a	3237
misdemeanor of the third degree.	3238

(2) Whoever violates division (B)(3) of this section is	3239
guilty of permitting children to use cigarettes or other tobacco	3240
products, a misdemeanor of the fourth degree. If the offender	3241
previously has been convicted of a violation of division (B)(3) of	3242
this section, permitting children to use cigarettes or other	3243
tobacco products is a misdemeanor of the third degree.	3244

(F)(G) Any cigarettes, other tobacco products, or papers	3245
used to roll cigarettes that are given, sold, or otherwise	3246
distributed to a child in violation of this section and that are	3247
used, possessed, purchased, or received by a child in violation of	3248
section 2151.87 of the Revised Code are subject to seizure and	3249
forfeiture as contraband under sections 2933.42 and 2933.43 of the	3250
Revised Code.	3251

Sec. 2950.01. As used in this chapter, unless the context	3252
clearly requires otherwise:	3253

(A) "Confinement" includes, but is not limited to, a	3254
community residential sanction imposed pursuant to section 2929.16	3255
of the Revised Code.	3256

(B) "Habitual sex offender" means, except when a juvenile	3257
judge removes this classification pursuant to division (A)(2) of	3258
section 2152.84 or division (C)(2) of section 2152.85 of the	3259
Revised Code, a person to whom both of the following apply:	3260

(1) The person is convicted of or pleads guilty to a	3261
sexually oriented offense, or the person is adjudicated a	3262
delinquent child for committing on or after the effective date of	3263
this amendmentJanuary 1, 2002, a sexually oriented offense, was	3264
fourteen years of age or older at the time of committing the	3265
offense, and is classified a juvenile sex offender registrant	3266
based on that adjudication.	3267

(2) TheOne of the following applies to the person:

3268

(a) Regarding a person who is an offender, the person	3269
previously has beenwas convicted of or pleaded guilty to one or	3270
more sexually oriented offenses or, regarding a delinquent child,	3271
previously has beenwas adjudicated a delinquent child for	3272
committing one or more sexually oriented offenses and was	3273
classified a juvenile sex offender registrant or out-of-state	3274
juvenile sex offender registrant based on one or more of those	3275
adjudications, regardless of when the offense was committed and	3276
regardless of the person's age at the time of committing the	3277
offense.	3278

(b) Regarding a delinquent child, the person previously was	3279
convicted of, pleaded guilty to, or was adjudicated a delinquent	3280
child for committing one or more sexually oriented offenses,	3281
regardless of when the offense was committed and regardless of the	3282
person's age at the time of committing the offense.	3283

(C) "Prosecutor" has the same meaning as in section 2935.01	3284
of the Revised Code.	3285

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

3286

(1) Subject to division (D)(2) of this section, anyAny of	3287
the following violations or offenses committed by a person	3288
eighteen years of age or older:	3289

(a) Regardless of the age of the victim of the offense, a	3290
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	3291
Code;	3292

(b) Any of the following offenses involving a minor, in the	3293
circumstances specified:	3294

(i) A violation of section 2905.01, 2905.02, 2905.03,	3295
2905.04, 2905.05, or 2907.04 or former section 2905.04 of the	3296
Revised Code when the victim of the offense is under eighteen	3297
years of age;	3298

(ii) A violation of section 2907.21 of the Revised Code when	3299
the person who is compelled, induced, procured, encouraged,	3300
solicited, requested, or facilitated to engage in, paid or agreed	3301
to be paid for, or allowed to engage in the sexual activity in	3302
question is under eighteen years of age;	3303

(iii) A violation of division (A)(1) or (3) of section	3304
2907.321 or 2907.322 of the Revised Code;	3305

(iv) A violation of division (A)(1) or (2) of section	3306
2907.323 of the Revised Code;	3307

(v) A violation of division (B)(5) of section 2919.22 of the	3308
Revised Code when the child who is involved in the offense is	3309
under eighteen years of age.	3310

(c) Regardless of the age of the victim of the offense, a	3311
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	3312
Revised Code, or of division (A) of section 2903.04 of the Revised	3313
Code, that is committed with a purpose to gratify the sexual needs	3314
or desires of the offender;	3315

(d) A sexually violent offense;

3316

(e) A violation of any former law of this state that was	3317
substantially equivalent to any offense listed in division	3318
(D)(1)(a), (b), (c), or (d) of this section;	3319

(f) A violation of an, any existing or former municipal	3320
ordinance or law of another state or the United States, a	3321
violation under theor any existing or former law applicable in a	3322
military court, or a violation under the law applicable in an	3323
Indian tribal court that is or was substantially equivalent to any	3324
offense listed in division (D)(1)(a), (b), (c), or (d) of this	3325
section;	3326

(g)(f) An attempt to commit, conspiracy to commit, or	3327
complicity in committing any offense listed in division (D)(1)(a),	3328
(b), (c), (d), or (e), or (f) of this section.	3329

(2) An act committed by a person under eighteen years of age	3330
that is any of the following:	3331

(a) Except for the violations specifically described in	3332
divisions (D)(2)(b) and (c) of this section and subjectSubject to	3333
division (D)(2)(d)(h) of this section, any violation listed in	3334
division (D)(1) of this sectionregardless of the age of the	3335
victim of the violation, a violation of section 2907.02, 2907.03,	3336
or 2907.05 of the Revised Code;	3337

(b) Subject to division (D)(2)(h) of this section, any of	3338
the following acts involving a minor in the circumstances	3339
specified:	3340

(i) A violation of section 2905.01 or 2905.02 of the	3341
Revised Code, or of former section 2905.04 of the Revised Code,	3342
when the victim of the violation is under eighteen years of age;	3343

(ii) A violation of section 2907.21 of the Revised Code	3344
when the person who is compelled, induced, procured, encouraged,	3345
solicited, requested, or facilitated to engage in, paid or agreed	3346
to be paid for, or allowed to engage in the sexual activity in	3347
question is under eighteen years of age;	3348

(iii) A violation of division (B)(5) of section 2919.22 of	3349
the Revised Code when the child who is involved in the violation	3350
is under eighteen years of age.	3351

(c) Subject to division (D)(2)(h) of this section, any	3352
sexually violent offense that, if committed by an adult, would be	3353
a felony of the first, second, third, or fourth degree;	3354

(b)(d) Subject to division (A)(2)(d)(h) of this section, a	3355
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	3356
2905.02 of the Revised Code, a violation of division (A) of	3357
section 2903.04 of the Revised Code, or an attempt to violate any	3358
of those sections or that division that is committed with a	3359
purpose to gratify the sexual needs or desires of the child	3360
committing the violation;	3361

(c)(e) Subject to division (A)(2)(d)(h) of this section, a	3362
violation of division (A)(1) or (3) of section 2907.321, division	3363
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	3364
section 2907.323 of the Revised Code, or an attempt to violate any	3365
of those divisions, if the person who violates or attempts to	3366
violate the division is four or more years older than the minor	3367
who is the victim of the offenseviolation;	3368

(f) Subject to division (D)(2)(h) of this section, any	3369
violation of any former law of this state, any existing or former	3370
municipal ordinance or law of another state or the United States,	3371
or any existing or former law applicable in a military court or in	3372
an Indian tribal court that is or was substantially equivalent to	3373
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of	3374
this section and that, if committed by an adult, would be a felony	3375
of the first, second, third, or fourth degree;	3376

(g) Subject to division (D)(2)(h) of this section, any	3377
attempt to commit, conspiracy to commit, or complicity in	3378
committing any offense listed in division (D)(2)(a), (b), (c),	3379
(d), (e), or (f) of this section;	3380

(d)(h) If the child's case has been transferred for criminal	3381
prosecution under section 2152.12 of the Revised Code, the act is	3382
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	3383
(f), or (g) of this section or would be any offense listed in any	3384
of those divisions if committed by an adult.	3385

(E) "Sexual predator" means a person to whom either of the	3386
following applies:	3387

(1) The person has been convicted of or pleaded guilty to	3388
committing a sexually oriented offense and is likely to engage in	3389
the future in one or more sexually oriented offenses.	3390

(2) The person has been adjudicated a delinquent child for	3391
committing a sexually oriented offense, was fourteen years of age	3392
or older at the time of committing the offense, was classified a	3393
juvenile sex offender registrant based on that adjudication, and	3394
is likely to engage in the future in one or more sexually oriented	3395
offenses.	3396

(F) "Supervised release" means a release of an offender from	3397
a prison term, a term of imprisonment, or another type of	3398
confinement that satisfies either of the following conditions:	3399

(1) The release is on parole, a conditional pardon, or	3400
probation, under transitional control, or under a post-release	3401
control sanction, and it requires the person to report to or be	3402
supervised by a parole officer, probation officer, field officer,	3403
or another type of supervising officer.	3404

(2) The release is any type of release that is not described	3405
in division (F)(1) of this section and that requires the person to	3406
report to or be supervised by a probation officer, a parole	3407
officer, a field officer, or another type of supervising officer.	3408

(G) An offender or delinquent child is "adjudicated as being	3409
a sexual predator" or "adjudicated a sexual predator" if any of	3410
the following applies and if that status has not been removed	3411
pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised	3412
Code:	3413

(1) The offender is convicted of or pleads guilty to	3414
committing, on or after January 1, 1997, a sexually oriented	3415
offense that is a sexually violent offense and also is convicted	3416
of or pleads guilty to a sexually violent predator specification	3417
that was included in the indictment, count in the indictment, or	3418
information that charged the sexually violent offense.	3419

(2) Regardless of when the sexually oriented offense was	3420
committed, on or after January 1, 1997, the offender is sentenced	3421
for a sexually oriented offense, and the sentencing judge	3422
determines pursuant to division (B) of section 2950.09 of the	3423
Revised Code that the offender is a sexual predator.	3424

(3) The delinquent child is adjudicated a delinquent child	3425
for committing a sexually oriented offense, was fourteen years of	3426
age or older at the time of committing the offense, and has been	3427
classified a juvenile sex offender registrant based on that	3428
adjudication, and the adjudicating judge or that judge's successor	3429
in office determines pursuant to division (B) of section 2950.09	3430
or pursuant to division (B) of section 2152.82, 2152.83, section	3431
2152.84, or section 2152.85 of the Revised Code that the	3432
delinquent child is a sexual predator.	3433

(4) Prior to January 1, 1997, the offender was convicted of	3434
or pleaded guilty to, and was sentenced for, a sexually oriented	3435
offense, the offender is imprisoned in a state correctional	3436
institution on or after January 1, 1997, and the court determines	3437
pursuant to division (C) of section 2950.09 of the Revised Code	3438
that the offender is a sexual predator.	3439

(5) Regardless of when the sexually oriented offense was	3440
committed, the offender or delinquent child is convicted of or	3441
pleads guilty to, has been convicted of or pleaded guilty to, or	3442
is adjudicated a delinquent child for committing a sexually	3443
oriented offense in another state or in a federal court, military	3444
court, or an Indian tribal court, as a result of that conviction,	3445
plea of guilty, or adjudication, the offender or delinquent child	3446
is required, under the law of the jurisdiction in which the	3447
offender was convicted or pleaded guilty or the delinquent child	3448
was adjudicated, to register as a sex offender until the	3449
offender's or delinquent child's death and to verify the	3450
offender's or delinquent child's address on at least a quarterly	3451
basis each year, and, on or after July 1, 1997, for offenders or	3452
the effective date of this amendmentJanuary 1, 2002, for	3453
delinquent children the offender or delinquent child moves to and	3454
resides in this state or temporarily is domiciled in this state	3455
for more than seven days, unless a court of common pleas or	3456
juvenile court determines that the offender or delinquent child is	3457
not a sexual predator pursuant to division (F) of section 2950.09	3458
of the Revised Code.	3459

(H) "Sexually violent predator specification" and "sexually	3460
violent offense" have the same meanings as in section 2971.01 of	3461
the Revised Code.	3462

(I) "Post-release control sanction" and "transitional	3463
control" have the same meanings as in section 2967.01 of the	3464
Revised Code.	3465

(J) "Juvenile sex offender registrant" means a person who is	3466
adjudicated a delinquent child for committing on or after the	3467
effective date of this amendmentJanuary 1, 2002, a sexually	3468
oriented offense, who is fourteen years of age or older at the	3469
time of committing the offense, and who a juvenile court judge,	3470
pursuant to an order issued under section 2152.82, 2152.83,	3471
2152.84, or 2152.85 of the Revised Code, classifies as a juvenile	3472
sex offender registrant and specifies has a duty to register under	3473
section 2950.04 of the Revised Code.	3474

(K) "Secure facility" means any facility that is designed	3475
and operated to ensure that all of its entrances and exits are	3476
locked and under the exclusive control of its staff and to ensure	3477
that, because of that exclusive control, no person who is	3478
institutionalized or confined in the facility may leave the	3479
facility without permission or supervision.	3480

(L) "Out-of-state juvenile sex offender registrant" means a	3481
person who is adjudicated a delinquent child for committing a	3482
sexually oriented offense in another state or in a federal court,	3483
military court, or Indian tribal court, who on or after the	3484
effective date of this amendmentJanuary 1, 2002, moves to and	3485
resides in this state or temporarily is domiciled in this state	3486
for more than seven days, and who under section 2950.04 of the	3487
Revised Code has a duty to register in this state as described in	3488
that section.	3489

(M) "Juvenile court judge" includes a magistrate to whom the	3490
juvenile court judge confers duties pursuant to division (A)(15)	3491
of section 2151.23 of the Revised Code.	3492

(N) "Adjudicated a delinquent child for committing a sexually	3493
oriented offense" includes a child who receives a serious youthful	3494
offender dispositional sentence under section 2152.13 of the	3495
Revised Code for committing a sexually oriented offense.	3496

Sec. 2950.04. (A)(1) Each of the following types of offender	3497
who is convicted of or pleads guilty to, or has been convicted of	3498
or pleaded guilty to, a sexually oriented offense shall register	3499
personally with the sheriff of the county within seven days of	3500
the offender's coming into a county in which the offender resides	3501
or temporarily is domiciled for more than seven days:	3502

(a) Regardless of when the sexually oriented offense was	3503
committed, an offender who is sentenced for the sexually oriented	3504
offense to a prison term, a term of imprisonment, or any other	3505
type of confinement and, on or after July 1, 1997, is released in	3506
any manner from the prison term, term of imprisonment, or	3507
confinement;	3508

(b) Regardless of when the sexually oriented offense was	3509
committed, an offender who is sentenced for a sexually oriented	3510
offense on or after July 1, 1997, and to whom division (A)(1)(a)	3511
of this section does not apply;	3512

(c) If the sexually oriented offense was committed prior to	3513
July 1, 1997, and neither division (A)(1)(a) nor division	3514
(A)(1)(b) of this section applies, an offender who, immediately	3515
prior to July 1, 1997, was a habitual sex offender who was	3516
required to register under Chapter 2950. of the Revised Code.	3517

(2) Each child who is adjudicated a delinquent child for	3518
committing a sexually oriented offense,and who is classified a	3519
juvenile sex offender registrant based on that adjudication, and	3520
who is described in division (A)(2) of this section shall register	3521
personally with the sheriff of the county within seven days of the	3522
delinquent child's coming into a county in which the delinquent	3523
child resides or temporarily is domiciled for more than seven	3524
days. If the delinquent child is committed for the sexually	3525
oriented offense to the department of youth services or to a	3526
secure facility that is not operated by the department, this duty	3527
begins when the delinquent child is discharged or released in any	3528
manner from custody in a department of youth services secure	3529
facility or from the secure facility that is not operated by the	3530
department, if pursuant to the discharge or release the delinquent	3531
child is not committed to any other secure facility of the	3532
department or any other secure facility. The delinquent child does	3533
not have a duty to register under this division while the child is	3534
in a department of youth services secure facility or in a secure	3535
facility that is not operated by the department.	3536

(3) If divisions (A)(1) and (2) of this section do not	3537
apply, each following type of offender and each following type of	3538
delinquent child shall register personally with the sheriff of the	3539
county within seven days of the offender's or delinquent child's	3540
coming into a county in which the offender or delinquent child	3541
resides or temporarily is domiciled for more than seven days:	3542

(a) Regardless of when the sexually oriented offense was	3543
committed, a person who is convicted of, pleads guilty to, or is	3544
adjudicated a delinquent child for committing a sexually oriented	3545
offense in another state or in a federal court, military court, or	3546
an Indian tribal court, if, on or after July 1, 1997, for	3547
offenders, or the effective date of this amendmentJanuary 1,	3548
2002, for delinquent children, the offender or delinquent child	3549
moves to and resides in this state or temporarily is domiciled in	3550
this state for more than seven days, and if, at the time the	3551
offender or delinquent child moves to and resides in this state or	3552
temporarily is domiciled in this state for more than seven days,	3553
the offender or delinquent child has a duty to register as a sex	3554
offender under the law of that other jurisdiction as a result of	3555
the conviction, guilty plea, or adjudication.	3556

(b) Regardless of when the sexually oriented offense was	3557
committed, a person who is convicted of, pleads guilty to, or is	3558
adjudicated a delinquent child for committing a sexually oriented	3559
offense in another state or in a federal court, military court, or	3560
an Indian tribal court, if, on or after July 1, 1997, for	3561
offenders, or the effective date of this amendmentJanuary 1,	3562
2002, for delinquent children, the offender or delinquent child is	3563
released from imprisonment, confinement, or detention imposed for	3564
that offense, and if, on or after July 1, 1997, for offenders, or	3565
the effective date of this amendmentJanuary 1, 2002, for	3566
delinquent children, the offender or delinquent child moves to and	3567
resides in this state or temporarily is domiciled in this state	3568
for more than seven days. The duty to register as described in	3569
this division applies to an offender regardless of whether the	3570
offender, at the time of moving to and residing in this state or	3571
temporarily being domiciled in this state for more than seven	3572
days, has a duty to register as a sex offender under the law of	3573
the jurisdiction in which the conviction or guilty plea occurred.	3574
The duty to register as described in this division applies to a	3575
delinquent child only if the delinquent child, at the time of	3576
moving to and residing in this state or temporarily being	3577
domiciled in this state for more than seven days, has a duty to	3578
register as a sex offender under the law of the jurisdiction in	3579
which the delinquent child adjudication occurred or if, had the	3580
delinquent child adjudication occurred in this state, the	3581
adjudicating juvenile court judge would have been required to	3582
issue an order classifying the delinquent child as a juvenile sex	3583
offender registrant pursuant to section 2152.82 or division (A) of	3584
section 2152.83 of the Revised Code.	3585

(4) If division (A)(1)(a) of this section applies and if,	3586
subsequent to the offender's release, the offender is adjudicated	3587
to be a sexual predator under division (C) of section 2950.09 of	3588
the Revised Code, the offender shall register within seven days of	3589
the adjudication with the sheriff of the county in which the	3590
offender resides or temporarily is domiciled for more than seven	3591
days and shall register with the sheriff of any county in which	3592
the offender subsequently resides or temporarily is domiciled for	3593
more than seven days within seven days of coming into that county.	3594

(5) A person who is adjudicated a delinquent child for	3595
committing a sexually oriented offense is not required to register	3596
under division (A)(2) of this section unless the delinquent child	3597
committed the offense on or after the effective date of this	3598
amendmentJanuary 1, 2002, is classified a juvenile sex offender	3599
registrant by a juvenile court judge pursuant to an order issued	3600
under section 2152.82, 2152.83, 2152.84, or 2152.85 of the	3601
Revised Code based on that adjudication, and has a duty to	3602
register pursuant to division (A)(2) of this section.	3603

(B) An offender or delinquent child who is required by	3604
division (A) of this section to register personally shall obtain	3605
from the sheriff or from a designee of the sheriff a registration	3606
form that conforms to division (C) of this section, shall complete	3607
and sign the form, and shall return the completed form together	3608
with the offender's or delinquent child's photograph to the	3609
sheriff or the designee. The sheriff or designee shall sign the	3610
form and indicate on the form the date on which it is so returned.	3611
The registration required under this division is complete when the	3612
offender or delinquent child returns the form, containing the	3613
requisite information, photograph, signatures, and date, to the	3614
sheriff or designee.	3615

(C) The registration form to be used under divisions (A) and	3616
(B) of this section shall contain the current residence address of	3617
the offender or delinquent child who is registering, the name and	3618
address of the offender's or delinquent child's employer, if the	3619
offender or delinquent child is employed at the time of	3620
registration or if the offender or delinquent child knows at the	3621
time of registration that the offender or delinquent child will be	3622
commencing employment with that employer subsequent to	3623
registration, and any other information required by the bureau of	3624
criminal identification and investigation and shall include the	3625
offender's or delinquent child's photograph. Additionally, if the	3626
offender or delinquent child has been adjudicated as being a	3627
sexual predator relative to the sexually oriented offense in	3628
question and the court has not subsequently determined pursuant to	3629
division (D) of section 2950.09, section 2152.84, or section	3630
2152.85 of the Revised Code that the offender or delinquent child	3631
no longer is a sexual predator, or if the judge determined	3632
pursuant to division (C) of section 2950.09, division (B) ofor	3633
pursuant to section 2152.82, 2152.83, section 2152.84, or section	3634
2152.85 of the Revised Code that the offender or delinquent child	3635
is a habitual sex offender, and the determination has not been	3636
removed pursuant to section 2152.84 or 2152.85 of the Revised	3637
Code, the offender or delinquent child shall include on the	3638
signed, written registration form all of the following	3639
information:	3640

(1) A specific declaration that the person has been	3641
adjudicated as being a sexual predator or has been determined to	3642
be a habitual sex offender, whichever is applicable;	3643

(2) If the offender or delinquent child has been adjudicated	3644
as being a sexual predator, the identification license plate	3645
number of each motor vehicle the offender or delinquent child owns	3646
and of each motor vehicle registered in the offender's or	3647
delinquent child's name.	3648

(D) After an offender or delinquent child registers with a	3649
sheriff pursuant to this section, the sheriff shall forward the	3650
signed, written registration form and photograph to the bureau of	3651
criminal identification and investigation in accordance with the	3652
forwarding procedures adopted pursuant to section 2950.13 of the	3653
Revised Code. The bureau shall include the information and	3654
materials forwarded to it under this division in the state	3655
registry of sex offenders established and maintained under section	3656
2950.13 of the Revised Code.	3657

(E) No person who is required to register pursuant to	3658
divisions (A) and (B) of this section shall fail to register as	3659
required in accordance with those divisions or that division.	3660

(F) An offender or delinquent child who is required to	3661
register pursuant to divisions (A) and (B) of this section shall	3662
register pursuant to this section for the period of time specified	3663
in section 2950.07 of the Revised Code.	3664

Sec. 2950.09. (A) If a person is convicted of or pleads	3665
guilty to committing, on or after January 1, 1997, a sexually	3666
oriented offense that is a sexually violent offense and also is	3667
convicted of or pleads guilty to a sexually violent predator	3668
specification that was included in the indictment, count in the	3669
indictment, or information charging the sexually violent offense,	3670
the conviction of plea of guilty to the specification	3671
automatically classifies the offender as a sexual predator for	3672
purposes of this chapter. If a person is convicted of, pleads	3673
guilty to, or is adjudicated a delinquent child for committing, a	3674
sexually oriented offense in another state, or in a federal court,	3675
military court, or an Indian tribal court and if, as a result of	3676
that conviction, plea of guilty, or adjudication, the person is	3677
required, under the law of the jurisdiction in which the person	3678
was convicted, pleaded guilty, or was adjudicated, to register as	3679
a sex offender until the person's death and is required to verify	3680
the person's address on at least a quarterly basis each year, that	3681
conviction, plea of guilty, or adjudication automatically	3682
classifies the person as a sexual predator for the purposes of	3683
this chapter, but the person may challenge that classification	3684
pursuant to division (F) of this section. In all other cases, a	3685
person who is convicted of or pleads guilty to, has been	3686
convicted of or pleaded guilty to, or is adjudicated a delinquent	3687
child for committing, a sexually oriented offense may be	3688
classified as a sexual predator for purposes of this chapter only	3689
in accordance with division (B) or (C) of this section or,	3690
regarding delinquent children, divisions (B) and (C) of section	3691
2152.83 of the Revised Code.	3692

(B)(1)(a) The judge who is to impose sentence on a person who	3693
is convicted of or pleads guilty to a sexually oriented offense or	3694
the judge who is to impose or has imposed, pursuant to section	3695
2152.82 or division (A) of section 2152.83 of the Revised Code, an	3696
order of disposition upon a child who is adjudicated a delinquent	3697
child for committing on or after the effective date of this	3698
amendment a sexually oriented offense shall conduct a hearing to	3699
determine whether the offender is a sexual predator if anyeither	3700
of the following circumstances apply:	3701

(a)(i) Regardless of when the sexually oriented offense was	3702
committed, the offender is to be sentenced on or after January 1,	3703
1997, for a sexually oriented offense that is not a sexually	3704
violent offense.	3705

(b)(ii) Regardless of when the sexually oriented offense was	3706
committed, the offender is to be sentenced on or after January 1,	3707
1997, for a sexually oriented offense that is a sexually violent	3708
offense and a sexually violent predator specification was not	3709
included in the indictment, count in the indictment, or	3710
information charging the sexually violent offense.	3711

(c)(b) The delinquent child was classified a juvenile sex	3712
offender registrant pursuant tojudge who is to impose or has	3713
imposed an order of disposition upon a child who is adjudicated a	3714
delinquent child for committing on or after January 1, 2002, a	3715
sexually oriented offense shall conduct a hearing as provided in	3716
this division to determine whether the child is to be classified	3717
as a sexual predator if either of the following applies:	3718

(i) The judge is required by section 2152.82 or division	3719
(A) of section 2152.83 of the Revised Code. A judge shall not	3720
conduct a hearing under division (B) of this section regarding a	3721
delinquent child unless the delinquent child is in the category of	3722
delinquent children described in this divisionto classify the	3723
child a juvenile sex offender registrant.	3724

(ii) Division (B) of section 2152.83 of the Revised Code	3725
applies regarding the child, the judge conducts a hearing under	3726
that division for the purposes described in that division, and the	3727
judge determines at that hearing that the child will be classified	3728
a juvenile sex offender registrant.	3729

(2) TheRegarding an offender, the judge shall conduct the	3730
hearing required by division (B)(1)(a) of this section prior to	3731
sentencing and, if the sexually oriented offense is a felony and	3732
if the hearing is being conducted under division (B)(1)(a) or (b)	3733
of this section, the judge may conduct it as part of the	3734
sentencing hearing required by section 2929.19 of the Revised	3735
Code. Regarding a delinquent child, the judge may conduct the	3736
hearing required by division (B)(1)(b) of this section at the same	3737
time as, or separate from, the dispositional hearing, as specified	3738
in the applicable provision of section 2152.82 or 2152.83 of the	3739
Revised Code. The court shall give the offender or delinquent	3740
child and the prosecutor who prosecuted the offender or handled	3741
the case against the delinquent child for the sexually oriented	3742
offense notice of the date, time, and location of the hearing. At	3743
the hearing, the offender or delinquent child and the prosecutor	3744
shall have an opportunity to testify, present evidence, call and	3745
examine witnesses and expert witnesses, and cross-examine	3746
witnesses and expert witnesses regarding the determination as to	3747
whether the offender or delinquent child is a sexual predator. The	3748
offender or delinquent child shall have the right to be	3749
represented by counsel and, if indigent, the right to have counsel	3750
appointed to represent the offender or delinquent child.	3751

(3) In making a determination under divisions (B)(1) and (4)	3752
of this section as to whether an offender or delinquent child is a	3753
sexual predator, the judge shall consider all relevant factors,	3754
including, but not limited to, all of the following:	3755

(a) The offender's or delinquent child's age;

3756

(b) The offender's or delinquent child's prior criminal or	3757
delinquency record regarding all offenses, including, but not	3758
limited to, all sexual offenses;	3759

(c) The age of the victim of the sexually oriented offense	3760
for which sentence is to be imposed or the order of disposition is	3761
to be made;	3762

(d) Whether the sexually oriented offense for which sentence	3763
is to be imposed or the order of disposition is to be made	3764
involved multiple victims;	3765

(e) Whether the offender or delinquent child used drugs or	3766
alcohol to impair the victim of the sexually oriented offense or	3767
to prevent the victim from resisting;	3768

(f) If the offender or delinquent child previously has been	3769
convicted of or pleaded guilty to, or been adjudicated a	3770
delinquent child for committing an act that if committed by an	3771
adult would be, a criminal offense, whether the offender or	3772
delinquent child completed any sentence or dispositional order	3773
imposed for the prior offense or act and, if the prior offense or	3774
act was a sex offense or a sexually oriented offense, whether the	3775
offender or delinquent child participated in available programs	3776
for sexual offenders;	3777

(g) Any mental illness or mental disability of the offender	3778
or delinquent child;	3779

(h) The nature of the offender's or delinquent child's	3780
sexual conduct, sexual contact, or interaction in a sexual context	3781
with the victim of the sexually oriented offense and whether the	3782
sexual conduct, sexual contact, or interaction in a sexual context	3783
was part of a demonstrated pattern of abuse;	3784

(i) Whether the offender or delinquent child, during the	3785
commission of the sexually oriented offense for which sentence is	3786
to be imposed or the order of disposition is to be made, displayed	3787
cruelty or made one or more threats of cruelty;	3788

(j) Any additional behavioral characteristics that	3789
contribute to the offender's or delinquent child's conduct.	3790

(4) After reviewing all testimony and evidence presented at	3791
the hearing conducted under division (B)(1) of this section and	3792
the factors specified in division (B)(3) of this section, the	3793
court shall determine by clear and convincing evidence whether the	3794
subject offender or delinquent child is a sexual predator. If the	3795
court determines that the subject offender or delinquent child is	3796
not a sexual predator, the court shall specify in the offender's	3797
sentence and the judgment of conviction that contains the sentence	3798
or in the delinquent child's dispositional order, as appropriate,	3799
that the court has determined that the offender or delinquent	3800
child is not a sexual predator. If the court determines by clear	3801
and convincing evidence that the subject offender or delinquent	3802
child is a sexual predator, the court shall specify in the	3803
offender's sentence and the judgment of conviction that contains	3804
the sentence or in the delinquent child's dispositional order, as	3805
appropriate, that the court has determined that the offender or	3806
delinquent child is a sexual predator and shall specify that the	3807
determination was pursuant to division (B) of this section. The	3808
offender or delinquent child and the prosecutor who prosecuted the	3809
offender or handled the case against the delinquent child for the	3810
sexually oriented offense in question may appeal as a matter of	3811
right the court's determination under this division as to whether	3812
the offender or delinquent child is, or is not, a sexual predator.	3813

(5) A hearing shall not be conducted under division (B) of	3814
this section regarding an offender if the sexually oriented	3815
offense in question is a sexually violent offense and the	3816
indictment, count in the indictment, or information charging the	3817
offense also included a sexually violent predator specification.	3818

(C)(1) If a person was convicted of or pleaded guilty to a	3819
sexually oriented offense prior to January 1, 1997, if the person	3820
was not sentenced for the offense on or after January 1, 1997, and	3821
if, on or after January 1, 1997, the offender is serving a term of	3822
imprisonment in a state correctional institution, the department	3823
of rehabilitation and correction shall determine whether to	3824
recommend that the offender be adjudicated as being a sexual	3825
predator. In making a determination under this division as to	3826
whether to recommend that the offender be adjudicated as being a	3827
sexual predator, the department shall consider all relevant	3828
factors, including, but not limited to, all of the factors	3829
specified in division (B)(2) of this section. If the department	3830
determines that it will recommend that the offender be adjudicated	3831
as being a sexual predator, it immediately shall send the	3832
recommendation to the court that sentenced the offender and shall	3833
enter its determination and recommendation in the offender's	3834
institutional record, and the court shall proceed in accordance	3835
with division (C)(2) of this section.	3836

(2)(a) If, pursuant to division (C)(1) of this section, the	3837
department of rehabilitation and correction sends to a court a	3838
recommendation that an offender who has been convicted of or	3839
pleaded guilty to a sexually oriented offense be adjudicated as	3840
being a sexual predator, the court is not bound by the	3841
department's recommendation, and the court may conduct a hearing	3842
to determine whether the offender is a sexual predator. The court	3843
may deny the recommendation and determine that the offender is not	3844
a sexual predator without a hearing but shall not make a	3845
determination that the offender is a sexual predator in any case	3846
without a hearing. The court may hold the hearing and make the	3847
determination prior to the offender's release from imprisonment or	3848
at any time within one year following the offender's release from	3849
that imprisonment. If the court determines without a hearing that	3850
the offender is not a sexual predator, it shall include its	3851
determination in the offender's institutional record and shall	3852
determine whether the offender previously has been convicted of or	3853
pleaded guilty to a sexually oriented offense other than the	3854
offense in relation to which the court determined that the	3855
offender is not a sexual predator.	3856

The court may make the determination as to whether the	3857
offender previously has been convicted of or pleaded guilty to a	3858
sexually oriented offense without a hearing, but, if the court	3859
determines that the offender previously has been convicted of or	3860
pleaded guilty to such an offense, it shall not impose a	3861
requirement that the offender be subject to the community	3862
notification provisions regarding the offender's place of	3863
residence that are contained in sections 2950.10 and 2950.11 of	3864
the Revised Code without a hearing. The court may conduct a	3865
hearing to determine both whether the offender previously has been	3866
convicted of or pleaded guilty to a sexually oriented offense and	3867
whether to impose a requirement that the offender be subject to	3868
the community notification provisions as described in this	3869
division, or may conduct a hearing solely to make the latter	3870
determination. The court shall include in the offender's	3871
institutional record any determination made under this division as	3872
to whether the offender previously has been convicted of or	3873
pleaded guilty to a sexually oriented offense, and, as such,	3874
whether the offender is a habitual sex offender.	3875

(b) If the court schedules a hearing under division	3876
(C)(2)(a) of this section, the court shall give the offender and	3877
the prosecutor who prosecuted the offender for the sexually	3878
oriented offense, or that prosecutor's successor in office, notice	3879
of the date, time, and place of the hearing. If the hearing is to	3880
determine whether the offender is a sexual predator, it shall be	3881
conducted in the manner described in division (B)(1) of this	3882
section regarding hearings conducted under that division and, in	3883
making a determination under this division as to whether the	3884
offender is a sexual predator, the court shall consider all	3885
relevant factors, including, but not limited to, all of the	3886
factors specified in division (B)(2) of this section. After	3887
reviewing all testimony and evidence presented at the sexual	3888
predator hearing and the factors specified in division (B)(2) of	3889
this section, the court shall determine by clear and convincing	3890
evidence whether the offender is a sexual predator. If the court	3891
determines that the offender is not a sexual predator, it also	3892
shall determine whether the offender previously has been convicted	3893
of or pleaded guilty to a sexually oriented offense other than the	3894
offense in relation to which the hearing is being conducted.	3895

Upon making its determinations at the hearing, the court	3896
shall proceed as follows:	3897

(i) If the hearing is to determine whether the offender is a	3898
sexual predator, and if the court determines that the offender is	3899
not a sexual predator and that the offender previously has not	3900
been convicted of or pleaded guilty to a sexually oriented offense	3901
other than the offense in relation to which the hearing is being	3902
conducted, it shall include its determinations in the offender's	3903
institutional record.	3904

(ii) If the hearing is to determine whether the offender is	3905
a sexual predator, and if the court determines that the offender	3906
is not a sexual predator but that the offender previously has been	3907
convicted of or pleaded guilty to a sexually oriented offense	3908
other than the offense in relation to which the hearing is being	3909
conducted, it shall include its determination that the offender is	3910
not a sexual predator but is a habitual sex offender in the	3911
offender's institutional record, shall attach the determinations	3912
to the offender's sentence, shall specify that the determinations	3913
were pursuant to division (C) of this section, shall provide a	3914
copy of the determinations to the offender, to the prosecuting	3915
attorney, and to the department of rehabilitation and correction,	3916
and may impose a requirement that the offender be subject to the	3917
community notification provisions regarding the offender's place	3918
of residence that are contained in sections 2950.10 and 2950.11 of	3919
the Revised Code. The offender shall not be subject to those	3920
community notification provisions relative to the sexually	3921
oriented offense in question if the court does not so impose the	3922
requirement described in this division. If the court imposes	3923
those community notification provisions, the offender may appeal	3924
the judge's determination that the offender is a habitual sex	3925
offender.	3926

(iii) If the hearing is to determine whether the offender	3927
previously has been convicted of or pleaded guilty to a sexually	3928
oriented offense other than the offense in relation to which the	3929
hearing is being conducted and whether to impose a requirement	3930
that the offender be subject to the specified community	3931
notification provisions, and if the court determines that the	3932
offender previously has been convicted of or pleaded guilty to	3933
such an offense, the court shall proceed as described in division	3934
(C)(2)(b)(ii) of this section and may impose a community	3935
notification requirement as described in that division. The	3936
offender shall not be subject to the specified community	3937
notification provisions relative to the sexually oriented offense	3938
in question if the court does not so impose the requirement	3939
described in that division. If the court imposes those community	3940
notification provisions, the offender may appeal the judge's	3941
determination that the offender is a habitual sex offender.	3942

(iv) If the court determined without a hearing that the	3943
offender previously has been convicted of or pleaded guilty to a	3944
sexually oriented offense other than the offense in relation to	3945
which the court determined that the offender is not a sexual	3946
predator, and, as such, is a habitual sex offender, and the	3947
hearing is solely to determine whether to impose a requirement	3948
that the offender be subject to the specified community	3949
notification provisions, after the hearing, the court may impose a	3950
community notification requirement as described in division	3951
(C)(2)(b)(ii) of this section. The offender shall not be subject	3952
to the specified community notification provisions relative to the	3953
sexually oriented offense in question if the court does not so	3954
impose the requirement described in that division. If the court	3955
imposes those community notification provisions, the offender may	3956
appeal the judge's determination that the offender is a habitual	3957
sex offender.	3958

(v) If the hearing is to determine whether the offender is a	3959
sexual predator, and if the court determines by clear and	3960
convincing evidence that the offender is a sexual predator, it	3961
shall enter its determination in the offender's institutional	3962
record, shall attach the determination to the offender's sentence,	3963
shall specify that the determination was pursuant to division (C)	3964
of this section, and shall provide a copy of the determination to	3965
the offender, to the prosecuting attorney, and to the department	3966
of rehabilitation and correction. The offender and the prosecutor	3967
may appeal as a matter of right the judge's determination under	3968
this division as to whether the offender is, or is not, a sexual	3969
predator.	3970

(D)(1) Division (D) of this section applies to persons who	3971
have been convicted of or pleaded guilty to a sexually oriented	3972
offense. The procedures set forth in division (D) of this section	3973
regarding a determination of whether a person no longer is a	3974
sexual predator also apply, to the extent specified in section	3975
2152.84 or 2152.85 of the Revised Code, to persons who have been	3976
adjudicated a delinquent child for committing a sexually oriented	3977
offense and have been determined by a juvenile court judge to be a	3978
sexual predatorand also applies as provided in Chapter 2152. of	3979
the Revised Code. A person who has been adjudicated a delinquent	3980
child for committing a sexually oriented offense and who has been	3981
classified by a juvenile court judge a juvenile sex offender	3982
registrant or, if applicable, additionally has been determined by	3983
a juvenile court judge to be a sexual predator or habitual sex	3984
offender, may petition the adjudicating court for a	3985
reclassification or declassification pursuant to section 2152.85	3986
of the Revised Code.	3987

Upon the expiration of the applicable period of time	3988
specified in division (D)(1)(a) or (b) of this section, an	3989
offender who has been convicted of or pleaded guilty to a sexually	3990
oriented offense and who has been adjudicated as being a sexual	3991
predator relative to the sexually oriented offense in the manner	3992
described in division (B) or (C) of this section may petition the	3993
judge who made the determination that the offender was a sexual	3994
predator, or that judge's successor in office, to enter a	3995
determination that the offender no longer is a sexual predator.	3996
Upon the filing of the petition, the judge may review the prior	3997
sexual predator determination that comprises the sexually violent	3998
predator adjudication, and, upon consideration of all relevant	3999
evidence and information, including, but not limited to, the	4000
factors set forth in division (B)(3) of this section, either shall	4001
enter a determination that the offender no longer is a sexual	4002
predator or shall enter an order denying the petition. The judge	4003
shall not enter a determination under this division that the	4004
offender no longer is a sexual predator unless the judge	4005
determines by clear and convincing evidence that the offender is	4006
unlikely to commit a sexually oriented offense in the future. If	4007
the judge enters a determination under this division that the	4008
offender no longer is a sexual predator, the judge shall notify	4009
the bureau of criminal identification and investigation and the	4010
parole board of the determination. Upon receipt of the	4011
notification, the bureau promptly shall notify the sheriff with	4012
whom the offender most recently registered under section 2950.04	4013
or 2950.05 of the Revised Code of the determination that the	4014
offender no longer is a sexual predator. If the judge enters an	4015
order denying the petition, the prior adjudication of the offender	4016
as a sexual predator shall remain in effect. An offender	4017
determined to be a sexual predator in the manner described in	4018
division (B) or (C) of this section may file a petition under this	4019
division after the expiration of the following periods of time:	4020

(a) Regardless of when the sexually oriented offense was	4021
committed, if, on or after January 1, 1997, the offender is	4022
imprisoned or sentenced to a prison term or other confinement for	4023
the sexually oriented offense in relation to which the	4024
determination was made, the offender initially may file the	4025
petition not earlier than one year prior to the offender's release	4026
from the imprisonment, prison term, or other confinement by	4027
discharge, parole, judicial release, or any other final release.	4028
If the offender is sentenced on or after January 1, 1997, for the	4029
sexually oriented offense in relation to which the determination	4030
is made and is not imprisoned or sentenced to a prison term or	4031
other confinement for the sexually oriented offense, the offender	4032
initially may file the petition upon the expiration of one year	4033
after the entry of the offender's judgment of conviction.	4034

(b) After the offender's initial filing of a petition under	4035
division (D)(1)(a) of this section, thereafter, an offender may	4036
file a petition under this division upon the expiration of five	4037
years after the court has entered an order denying the petition	4038
under division (D)(1)(a) of this section or the most recent	4039
petition the offender has filed under this division.	4040

(2) Except as otherwise provided in this division, division	4041
(D)(1) of this section does not apply to a person who is	4042
classified as a sexual predator pursuant to division (A) of this	4043
section. If a person who is so classified was sentenced to a	4044
prison term pursuant to division (A)(3) of section 2971.03 of the	4045
Revised Code and if the sentencing court terminates the offender's	4046
prison term as provided in division (D) of section 2971.05 of the	4047
Revised Code, the court's termination of the prison term	4048
automatically shall constitute a determination by the court that	4049
the offender no longer is a sexual predator. If the court so	4050
terminates the offender's prison term, the court shall notify the	4051
bureau of criminal identification and investigation and the parole	4052
board of the determination that the offender no longer is a sexual	4053
predator. Upon receipt of the notification, the bureau promptly	4054
shall notify the sheriff with whom the offender most recently	4055
registered under section 2950.04 or 2950.05 of the Revised Code	4056
that the offender no longer is a sexual predator. If an offender	4057
who is classified as a sexual predator pursuant to division (A) of	4058
this section is released from prison pursuant to a pardon or	4059
commutation, the classification of the offender as a sexual	4060
predator shall remain in effect after the offender's release, and	4061
the offender may file one or more petitions in accordance with the	4062
procedures and time limitations contained in division (D)(1) of	4063
this section for a determination that the offender no longer is a	4064
sexual predator.	4065

(E)(1) If a person is convicted of or pleads guilty to	4066
committing, on or after January 1, 1997, a sexually oriented	4067
offense, the judge who is to impose sentence on the offender shall	4068
determine, prior to sentencing, whether the offender previously	4069
has been convicted of or pleaded guilty to, or adjudicated a	4070
delinquent child for committing, a sexually oriented offense. If a	4071
person is classified a juvenile sex offender registrant, pursuant	4072
to section 2152.82 or division (A) of section 2152.83 of the	4073
Revised Code, the adjudicating judgeand is a habitual sex	4074
offender. The judge who is to impose or has imposed an order of	4075
disposition upon a child who is adjudicated a delinquent child for	4076
committing on or after January 1, 2002, a sexually oriented	4077
offense shall determine, prior to entering the order classifying	4078
the delinquent child a juvenile sex offender registrant, whether	4079
the delinquent child previously has been convicted of or pleaded	4080
guilty to, or adjudicated a delinquent child for committing, a	4081
sexually oriented offense. If the adjudicating judge has	4082
classified the delinquent child under division (A) of section	4083
2152.83 of the Revised Code based on that adjudication a juvenile	4084
sex offender registrant, the judge shall determine, prior to	4085
entering the classification order, whether the delinquent child	4086
previously has been adjudicated a delinquent child for committing	4087
a sexually oriented offense. Ifand is a habitual sex offender,	4088
if either of the following applies:	4089

(a) The judge is required by section 2152.82 or division	4090
(A) of section 2152.83 of the Revised Code to classify the child a	4091
juvenile sex offender registrant;	4092

(b) Division (B) of section 2152.83 of the Revised Code	4093
applies regarding the child, the judge conducts a hearing under	4094
that division for the purposes described in that division, and the	4095
judge determines at that hearing that the child will be classified	4096
a juvenile sex offender registrant.	4097

(2) If, under division (E)(1) of this section, the judge	4098
determines that the offender or delinquent child previously has	4099
not been convicted of or pleaded guilty to a sexually oriented	4100
offense or that the delinquent child previously has not, or been	4101
adjudicated a delinquent child for committing, a sexually oriented	4102
offense or that the offender otherwise does not satisfy the	4103
criteria for being a habitual sex offender, the judge shall	4104
specify in the offender's sentence or in the order classifying the	4105
delinquent child a juvenile sex offender registrant that the judge	4106
has determined that the offender or delinquent child is not a	4107
habitual sex offender. If the judge determines that the offender	4108
or delinquent child previously has been convicted of or pleaded	4109
guilty to a sexually oriented offense or that the delinquent child	4110
previously has, or been adjudicated a delinquent child for	4111
committing, a sexually oriented offense and that the offender	4112
satisfies all other criteria for being a habitual sex offender,	4113
the judge shall specify in the offender's sentence and the	4114
judgment of conviction that contains the sentence or in the order	4115
classifying the delinquent child a juvenile sex offender	4116
registrant that the judge has determined that the offender or	4117
delinquent child is a habitual sex offender and may impose a	4118
requirement in that sentence and judgment of conviction or in that	4119
order that the offender or delinquent child be subject to the	4120
community notification provisions regarding the offender's or	4121
delinquent child's place of residence that are contained in	4122
sections 2950.10 and 2950.11 of the Revised Code. Unless the	4123
habitual sex offender also has been adjudicated as being a sexual	4124
predator relative to the sexually oriented offense in question,	4125
the offender or delinquent child shall be subject to those	4126
community notification provisions only if the court imposes the	4127
requirement described in this division in the offender's sentence	4128
and the judgment of conviction or in the order classifying the	4129
delinquent child a juvenile sex offender registrant.	4130

(F)(1) An offender or delinquent child classified as a	4131
sexual predator may petition the court of common pleas or, for a	4132
delinquent child, the juvenile court of the county in which the	4133
offender or delinquent child resides or temporarily is domiciled	4134
to enter a determination that the offender or delinquent child is	4135
not an adjudicated sexual predator in this state for purposes of	4136
the sex offender registration requirements of this chapter or the	4137
community notification provisions contained in sections 2950.10	4138
and 2950.11 of the Revised Code if all of the following apply:	4139

(a) The offender or delinquent child was convicted of,	4140
pleaded guilty to, or was adjudicated a delinquent child for	4141
committing, a sexually oriented offense in another state or in a	4142
federal court, a military court, or an Indian tribal court.	4143

(b) As a result of the conviction, plea of guilty, or	4144
adjudication described in division (F)(1)(a) of this section, the	4145
offender or delinquent child is required under the law of the	4146
jurisdiction under which the offender or delinquent child was	4147
convicted, pleaded guilty, or was adjudicated to register as a sex	4148
offender until the offender's or delinquent child's death and is	4149
required to verify the offender's or delinquent child's address on	4150
at least a quarterly basis each year.	4151

(c) The offender or delinquent child was automatically	4152
classified as a sexual predator under division (A) of this section	4153
in relation to the conviction, guilty plea, or adjudication	4154
described in division (F)(1)(a) of this section.	4155

(2) The court may enter a determination that the offender or	4156
delinquent child filing the petition described in division (F)(1)	4157
of this section is not an adjudicated sexual predator in this	4158
state for purposes of the sex offender registration requirements	4159
of this chapter or the community notification provisions contained	4160
in sections 2950.10 and 2950.11 of the Revised Code only if the	4161
offender or delinquent child proves by clear and convincing	4162
evidence that the requirement of the other jurisdiction that the	4163
offender or delinquent child register as a sex offender until the	4164
offender's or delinquent child's death and the requirement that	4165
the offender or delinquent child verify the offender's or	4166
delinquent child's address on at least a quarterly basis each year	4167
is not substantially similar to a classification as a sexual	4168
predator for purposes of this chapter.	4169

Sec. 2950.14.  (A) Prior to releasing an offender who is	4170
under the custody and control of the department of rehabilitation	4171
and correction and who has been convicted of or pleaded guilty to	4172
committing, either prior to, on, or after January 1, 1997, any	4173
sexually oriented offense, the department of rehabilitation and	4174
correction shall provide all of the information described in	4175
division (B) of this section to the bureau of criminal	4176
identification and investigation regarding the offender. Prior to	4177
releasing a delinquent child who is in the custody of the	4178
department of youth services and who has been adjudicated a	4179
delinquent child for committing on or after the effective date of	4180
this amendmentJanuary 1, 2002, a sexually oriented offense, and	4181
who has been classified a juvenile sex offender registrant based	4182
on that adjudication, the department of youth services shall	4183
provide all of the information described in division (B) of this	4184
section to the bureau of criminal identification and investigation	4185
regarding the delinquent child.	4186

(B) The department of rehabilitation and correction and the	4187
department of youth services shall provide all of the following	4188
information to the bureau of criminal identification and	4189
investigation regarding an offender or delinquent child described	4190
in division (A) of this section:	4191

(1) The offender's or delinquent child's name and any	4192
aliases used by the offender or delinquent child;	4193

(2) All identifying factors concerning the offender or	4194
delinquent child;	4195

(3) The offender's or delinquent child's anticipated future	4196
residence;	4197

(4) The offense and delinquency history of the offender or	4198
delinquent child;	4199

(5) Whether the offender or delinquent child was treated for	4200
a mental abnormality or personality disorder while under the	4201
custody and control of the department;	4202

(6) Any other information that the bureau indicates is	4203
relevant and that the department possesses.	4204

(C) Upon receipt of the information described in division	4205
(B) of this section regarding an offender or delinquent child, the	4206
bureau immediately shall enter the information into the state	4207
registry of sex offenders that the bureau maintains pursuant to	4208
section 2950.13 of the Revised Code and into the records that the	4209
bureau maintains pursuant to division (A) of section 109.57 of the	4210
Revised Code.	4211

Sec. 5139.05.  (A) The juvenile court may commit any child	4212
to the department of youth services as authorized in Chapter	4213
2152. of the Revised Code, provided that any child so committed	4214
shall be at least ten years of age at the time of the child's	4215
delinquent act, and, if the child is ten or eleven years of age,	4216
the delinquent act is a violation of section 2909.03 of the	4217
Revised Code or would be aggravated murder, murder, or a first or	4218
second degree felony offense of violence if committed by an adult.	4219
Any order to commit a child to an institution under the control	4220
and management of the department shall have the effect of ordering	4221
that the child be committed to the department and assigned to an	4222
institution as follows:	4223

(1) For an indefinite term consisting of the prescribed	4224
minimum period of court control setspecified by the court under	4225
division (A)(1) of section 2152.16 of the Revised Code and a	4226
maximum period not to exceed the child's attainment of twenty-one	4227
years of age, if the child was committed pursuant to section	4228
2152.16 of the Revised Code;	4229

(2) Until the child's attainment of twenty-one years of age,	4230
if the child was committed for aggravated murder or murder	4231
pursuant to section 2152.16 of the Revised Code;	4232

(3) For a period of commitment that shall be in addition to,	4233
and shall be served consecutively with and prior to, a period of	4234
commitment described in division (A)(1) or (2) of this section, if	4235
the child was committed pursuant to section 2152.17 of the	4236
Revised Code;	4237

(4) If the child is ten or eleven years of age, to an	4238
institution, a residential care facility, a residential facility,	4239
or a facility licensed by the department of job and family	4240
services that the department of youth services considers best	4241
designated for the training and rehabilitation of the child and	4242
protection of the public. The child shall be housed separately	4243
from children who are twelve years of age or older until the child	4244
is released or discharged or until the child attains twelve years	4245
of age, whichever occurs first. Upon the child's attainment of	4246
twelve years of age, if the child has not been released or	4247
discharged, the department is not required to house the child	4248
separately.	4249

(B)(1) TheExcept as otherwise provided in section 5139.54 of	4250
the Revised Code, the release authority of the department of youth	4251
services, in accordance with section 5139.51 of the Revised Code	4252
and at any time after the end of the minimum period of court	4253
control imposedspecified under division (A)(1) of section 2152.16	4254
of the Revised Code, may grant the release from custody of any	4255
child committed to the department.	4256

The order committing a child to the department of youth	4257
services shall state that the child has been adjudicated a	4258
delinquent child and state the minimum period of court control	4259
over the commitment under section 2152.12 or 2152.13 of the	4260
Revised Code. The jurisdiction of the court terminates at the end	4261
of the minimum period of court control except as follows:	4262

(a) In relation to judicial release procedures,	4263
supervision, and violations;	4264

(b) With respect to functions of the court related to the	4265
revocation of supervised release that are specified in sections	4266
5139.51 and 5139.52 of the Revised Code;	4267

(c) In relation to its duties relating to serious youthful	4268
offender dispositional sentences under sections 2152.13 and	4269
2152.14 of the Revised Code.	4270

(2) When a child has been committed to the department under	4271
section 2152.16 of the Revised Code, the department shall retain	4272
legal custody of the child until one of the following:	4273

(a) The department discharges the child to the exclusive	4274
management, control, and custody of the child's parent or the	4275
guardian of the child's person or, if the child is eighteen years	4276
of age or older, discharges the child.	4277

(b) The committing court, upon its own motion, upon petition	4278
of the parent, guardian of the person, or next friend of a child,	4279
or upon petition of the department, terminates the department's	4280
legal custody of the child.	4281

(c) The committing court grants the child a judicial release	4282
to court supervision under section 2152.22 of the Revised Code.	4283

(d) The department's legal custody of the child is	4284
terminated automatically by the child attaining twenty-one years	4285
of age.	4286

(e) If the child is subject to a serious youthful offender	4287
dispositional sentence, the adult portion of that dispositional	4288
sentence is imposed under section 2152.14 of the Revised Code.	4289

(C) When a child is committed to the department of youth	4290
services, the department may assign the child to a hospital for	4291
mental, physical, and other examination, inquiry, or treatment for	4292
the period of time that is necessary. The department may remove	4293
any child in its custody to a hospital for observation, and a	4294
complete report of every observation at the hospital shall be made	4295
in writing and shall include a record of observation, treatment,	4296
and medical history and a recommendation for future treatment,	4297
custody, and maintenance. The department shall thereupon order	4298
the placement and treatment that it determines to be most	4299
conducive to the purposes of Chapters 2151. and 5139. of the	4300
Revised Code. The committing court and all public authorities	4301
shall make available to the department all pertinent data in their	4302
possession with respect to the case.	4303

(D) Records maintained by the department of youth services	4304
pertaining to the children in its custody shall be accessible only	4305
to department employees, except by consent of the department or	4306
upon the order of the judge of a court of record. These records	4307
shall not be considered "public records," as defined in section	4308
149.43 of the Revised Code.	4309

Except as otherwise provided by a law of this state or the	4310
United States, the department of youth services may release	4311
records that are maintained by the department of youth services	4312
and that pertain to children in its custody to the department of	4313
rehabilitation and correction regarding persons who are under the	4314
jurisdiction of the department of rehabilitation and correction	4315
and who have previously been committed to the department of youth	4316
services. The department of rehabilitation and correction may use	4317
those records for the limited purpose of carrying out the duties	4318
of the department of rehabilitation and correction. Records	4319
released by the department of youth services to the department of	4320
rehabilitation and correction shall remain confidential and shall	4321
not be considered public records as defined in section 149.43 of	4322
the Revised Code.	4323

(E)(1) When a child is committed to the department of youth	4324
services, the department, orally or in writing, shall notify the	4325
parent, guardian, or custodian of a child that the parent,	4326
guardian, or custodian may request at any time from the	4327
superintendent of the institution in which the child is located	4328
any of the information described in divisions (E)(1)(a), (b), (c),	4329
and (d) of this section. The parent, guardian, or custodian may	4330
provide the department with the name, address, and telephone	4331
number of the parent, guardian, or custodian, and, until the	4332
department is notified of a change of name, address, or telephone	4333
number, the department shall use the name, address, and telephone	4334
number provided by the parent, guardian, or custodian to provide	4335
notices or answer inquiries concerning the following information:	4336

(a) When the department of youth services makes a permanent	4337
assignment of the child to a facility, the department, orally or	4338
in writing and on or before the third business day after the day	4339
the permanent assignment is made, shall notify the parent,	4340
guardian, or custodian of the child of the name of the facility to	4341
which the child has been permanently assigned.	4342

If a parent, guardian, or custodian of a child who is	4343
committed to the department of youth services requests, orally or	4344
in writing, the department to provide the parent, guardian, or	4345
custodian with the name of the facility in which the child is	4346
currently located, the department, orally or in writing and on or	4347
before the next business day after the day on which the request is	4348
made, shall provide the name of that facility to the parent,	4349
guardian, or custodian.	4350

(b) If a parent, guardian, or custodian of a child who is	4351
committed to the department of youth services, orally or in	4352
writing, asks the superintendent of the institution in which the	4353
child is located whether the child is being disciplined by the	4354
personnel of the institution, what disciplinary measure the	4355
personnel of the institution are using for the child, or why the	4356
child is being disciplined, the superintendent or the	4357
superintendent's designee, on or before the next business day	4358
after the day on which the request is made, shall provide the	4359
parent, guardian, or custodian with written or oral responses to	4360
the questions.	4361

(c) If a parent, guardian, or custodian of a child who is	4362
committed to the department of youth services, orally or in	4363
writing, asks the superintendent of the institution in which the	4364
child is held whether the child is receiving any medication from	4365
personnel of the institution, what type of medication the child is	4366
receiving, or what condition of the child the medication is	4367
intended to treat, the superintendent or the superintendent's	4368
designee, on or before the next business day after the day on	4369
which the request is made, shall provide the parent, guardian, or	4370
custodian with oral or written responses to the questions.	4371

(d) When a major incident occurs with respect to a child who	4372
is committed to the department of youth services, the department,	4373
as soon as reasonably possible after the major incident occurs,	4374
shall notify the parent, guardian, or custodian of the child that	4375
a major incident has occurred with respect to the child and of all	4376
the details of that incident that the department has ascertained.	4377

(2) The failure of the department of youth services to	4378
provide any notification required by or answer any requests made	4379
pursuant to division (E) of this section does not create a cause	4380
of action against the state.	4381

(F) The department of youth services, as a means of	4382
punishment while the child is in its custody, shall not prohibit a	4383
child who is committed to the department from seeing that child's	4384
parent, guardian, or custodian during standard visitation periods	4385
allowed by the department of youth services unless the	4386
superintendent of the institution in which the child is held	4387
determines that permitting that child to visit with the child's	4388
parent, guardian, or custodian would create a safety risk to that	4389
child, that child's parents, guardian, or custodian, the personnel	4390
of the institution, or other children held in that institution.	4391

(G) As used in this section:

4392

(1) "Permanent assignment" means the assignment or transfer	4393
for an extended period of time of a child who is committed to the	4394
department of youth services to a facility in which the child will	4395
receive training or participate in activities that are directed	4396
toward the child's successful rehabilitation. "Permanent	4397
assignment" does not include the transfer of a child to a facility	4398
for judicial release hearings pursuant to section 2152.22 of the	4399
Revised Code or for any other temporary assignment or transfer to	4400
a facility.	4401

(2) "Major incident" means the escape or attempted escape of	4402
a child who has been committed to the department of youth services	4403
from the facility to which the child is assigned; the return to	4404
the custody of the department of a child who has escaped or	4405
otherwise fled the custody and control of the department without	4406
authorization; the allegation of any sexual activity with a child	4407
committed to the department; physical injury to a child committed	4408
to the department as a result of alleged abuse by department	4409
staff; an accident resulting in injury to a child committed to the	4410
department that requires medical care or treatment outside the	4411
institution in which the child is located; the discovery of a	4412
controlled substance upon the person or in the property of a child	4413
committed to the department; a suicide attempt by a child	4414
committed to the department; a suicide attempt by a child	4415
committed to the department that results in injury to the child	4416
requiring emergency medical services outside the institution in	4417
which the child is located; the death of a child committed to the	4418
department; an injury to a visitor at an institution under the	4419
control of the department that is caused by a child committed to	4420
the department; and the commission or suspected commission of an	4421
act by a child committed to the department that would be an	4422
offense if committed by an adult.	4423

(3) "Sexual activity" has the same meaning as in section	4424
2907.01 of the Revised Code.	4425

(4) "Controlled substance" has the same meaning as in	4426
section 3719.01 of the Revised Code.	4427

(5) "Residential care facility" and "residential facility"	4428
have the same meanings as in section 2151.011 of the Revised Code.	4429

Sec. 5139.06.  (A) When a child has been committed to the	4430
department of youth services, the department shall do both of the	4431
following:	4432

(1) Place the child in an appropriate institution under the	4433
condition that it considers best designed for the training and	4434
rehabilitation of the child and the protection of the public,	4435
provided that the institutional placement shall be consistent with	4436
the order committing the child to its custody;	4437

(2) Maintain the child in institutional care or	4438
institutional care in a secure facility for the required period of	4439
institutionalization in a manner consistent with division (A)(1)	4440
of section 2152.16 and divisions (A) to (E)(F) of section 2152.17	4441
of the Revised Code, whichever are applicable, and with section	4442
5139.38 or division (B) or (C) of section 2152.22 of the Revised	4443
Code.	4444

(B) When a child has been committed to the department of	4445
youth services and has not been institutionalized or	4446
institutionalized in a secure facility for the prescribed minimum	4447
period of time, including, but not limited to, a prescribed period	4448
of time under division (A)(1)(a) of section 2152.16 of the	4449
Revised Code, the department, the child, or the child's parent may	4450
request the court that committed the child to order a judicial	4451
release to court supervision or a judicial release to department	4452
of youth services supervision in accordance with division (B) or	4453
(C) of section 2152.22 of the Revised Code, and the child may be	4454
released from institutionalization or institutionalization in a	4455
secure facility in accordance with the applicable division. A	4456
child in those circumstances shall not be released from	4457
institutionalization or institutionalization in a secure facility	4458
except in accordance with section 2152.22 or 5139.38 of the	4459
Revised Code. When a child is released pursuant to a judicial	4460
release to court supervision under division (B) of section 2152.22	4461
of the Revised Code, the department shall comply with division	4462
(B)(3) of that section and, if the court requests, shall send the	4463
committing court a report on the child's progress in the	4464
institution and recommendations for conditions of supervision by	4465
the court after release. When a child is released pursuant to a	4466
judicial release to department of youth services supervision under	4467
division (C) of section 2152.22 of the Revised Code, the	4468
department shall comply with division (C)(3) of that section	4469
relative to the child and shall send the committing court and the	4470
juvenile court of the county in which the child is placed a copy	4471
of the treatment and rehabilitation plan described in that	4472
division and the conditions that it fixed. The court of the	4473
county in which the child is placed may adopt the conditions as	4474
an order of the court and may add any additional consistent	4475
conditions it considers appropriate, provided that the court may	4476
not add any condition that decreases the level or degree of	4477
supervision specified by the department in its plan, that	4478
substantially increases the financial burden of supervision that	4479
will be experienced by the department, or that alters the	4480
placement specified by the department in its plan. Any	4481
violations of the conditions of the child's judicial release or	4482
early release shall be handled pursuant to division (D) of section	4483
2152.22 of the Revised Code.	4484

(C) When a child has been committed to the department of	4485
youth services, the department may do any of the following:	4486

(1) Notwithstanding the provisions of this chapter, Chapter	4487
2151., or Chapter 2152. of the Revised Code that prescribe	4488
required periods of institutionalization, transfer the child to	4489
any other state institution, whenever it appears that the child by	4490
reason of mental illness, mental retardation, or other	4491
developmental disability ought to be in another state institution.	4492
Before transferring a child to any other state institution, the	4493
department shall include in the minutes a record of the order of	4494
transfer and the reason for the transfer and, at least seven days	4495
prior to the transfer, shall send a certified copy of the order to	4496
the person shown by its record to have had the care or custody of	4497
the child immediately prior to the child's commitment. Except as	4498
provided in division (C)(2) of this section, no person shall be	4499
transferred from a benevolent institution to a correctional	4500
institution or to a facility or institution operated by the	4501
department of youth services.	4502

(2) Notwithstanding the provisions of this chapter, Chapter	4503
2151., or Chapter 2152. of the Revised Code that prescribe	4504
required periods of institutionalization, transfer the child under	4505
section 5120.162 of the Revised Code to a correctional medical	4506
center established by the department of rehabilitation and	4507
correction, whenever the child has an illness, physical condition,	4508
or other medical problem and it appears that the child would	4509
benefit from diagnosis or treatment at the center for that	4510
illness, condition, or problem. Before transferring a child to a	4511
center, the department of youth services shall include in the	4512
minutes a record of the order of transfer and the reason for the	4513
transfer and, except in emergency situations, at least seven days	4514
prior to the transfer, shall send a certified copy of the order to	4515
the person shown by its records to have had the care or custody of	4516
the child immediately prior to the child's commitment. If the	4517
transfer of the child occurs in an emergency situation, as soon as	4518
possible after the decision is made to make the transfer, the	4519
department of youth services shall send a certified copy of the	4520
order to the person shown by its records to have had the care or	4521
custody of the child immediately prior to the child's commitment.	4522
A transfer under this division shall be in accordance with the	4523
terms of the agreement the department of youth services enters	4524
into with the department of rehabilitation and correction under	4525
section 5120.162 of the Revised Code and shall continue only as	4526
long as the child reasonably appears to receive benefit from	4527
diagnosis or treatment at the center for an illness, physical	4528
condition, or other medical problem.	4529

(3) Revoke or modify any order of the department except an	4530
order of discharge as often as conditions indicate it to be	4531
desirable;	4532

(4) If the child was committed pursuant to division	4533
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised	4534
Code and has been institutionalized or institutionalized in a	4535
secure facility for the prescribed minimum periods of time under	4536
those divisions, assign the child to a family home, a group care	4537
facility, or other place maintained under public or private	4538
auspices, within or without this state, for necessary treatment	4539
and rehabilitation, the costs of which may be paid by the	4540
department, provided that the department shall notify the	4541
committing court, in writing, of the place and terms of the	4542
assignment at least fifteen days prior to the scheduled date of	4543
the assignment;	4544

(5) Release the child from an institution in accordance with	4545
sections 5139.51 to 5139.54 of the Revised Code in the	4546
circumstances described in those sections.	4547

(D) The department of youth services shall notify the	4548
committing court of any order transferring the physical location	4549
of any child committed to it in accordance with section 5139.35 of	4550
the Revised Code. Upon the discharge from its custody and	4551
control, the department may petition the court for an order	4552
terminating its custody and control.	4553

Sec. 5139.50.  (A) The release authority of the department	4554
of youth services is hereby created as a bureau in the department.	4555
The release authority shall consist of five members who are	4556
appointed by the director of youth services and who have the	4557
qualifications specified in division (B) of this section. The	4558
members of the release authority shall devote their full time to	4559
the duties of the release authority and shall neither seek nor	4560
hold other public office. The members shall be in the	4561
unclassified civil service.	4562

(B) A person appointed as a member of the release authority	4563
shall have a bachelor's degree from an accredited college or	4564
university or equivalent relevant experience and shall have the	4565
skills, training, or experience necessary to analyze issues of	4566
law, administration, and public policy. The membership of the	4567
release authority shall represent, insofar as practicable, the	4568
diversity found in the children in the legal custody of the	4569
department of youth services.	4570

In appointing the five members, the director shall ensure	4571
that the appointments include all of the following:	4572

(1) At least four members who have five or more years of	4573
experience in criminal justice, juvenile justice, or an equivalent	4574
relevant profession;	4575

(2) At least one member who has experience in victim	4576
services or advocacy or who has been a victim of a crime or is a	4577
family member of a victim;	4578

(3) At least one member who has experience in direct care	4579
services to delinquent children;	4580

(4) At least one member who holds a juris doctor degree from	4581
an accredited college or university.	4582

(C) The initial appointments of members of the release	4583
authority shall be for a term of six years for the chairperson and	4584
one member, a term of four years for two members, and a term of	4585
two years for one member. Thereafter, members shall be appointed	4586
for six-year terms. At the conclusion of a term, a member shall	4587
hold office until the appointment and qualification of the	4588
member's successor. The director shall fill a vacancy occurring	4589
before the expiration of a term for the remainder of that term	4590
and, if a member is on extended leave or disability status for	4591
more than thirty work days, may appoint an interim member to	4592
fulfill the duties of that member. A member may be reappointed,	4593
but a member may serve no more than two consecutive terms	4594
regardless of the length of the member's initial term. A member	4595
may be removed for good cause by the director.	4596

(D) The director of youth services shall designate as	4597
chairperson of the release authority one of the members who has	4598
experience in criminal justice, juvenile justice, or an equivalent	4599
relevant profession. The chairperson shall be a managing officer	4600
of the department, shall supervise the members of the board and	4601
the other staff in the bureau, and shall perform all duties and	4602
functions necessary to ensure that the release authority	4603
discharges its responsibilities. The chairperson shall serve as	4604
the official spokesperson for the release authority.	4605

For the purposes of transacting the official business of the	4606
release authority, a majority of the members of the release	4607
authority shall constitute a quorum. A majority vote of the	4608
quorum shall determine the actions of the release authority.	4609

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

4610

(1) Serve as the final and sole authority for making	4611
decisions, in the interests of public safety and the children	4612
involved, regarding the release and discharge of all children	4613
committed to the legal custody of the department of youth	4614
services, except children placed by a juvenile court on judicial	4615
release to court supervision or on judicial release to	4616
department of youth services supervision, children who have not	4617
completed a prescribed minimum period of time or prescribed period	4618
of time in a secure facility, or children who are required to	4619
remain in a secure facility until they attain twenty-one years of	4620
age;	4621

(2) Establish written policies and procedures for conducting	4622
reviews of the status for all youth in the custody of the	4623
department, setting or modifying dates of release and discharge,	4624
specifying the duration, terms, and conditions of release to be	4625
carried out in supervised release subject to the addition of	4626
additional consistent terms and conditions by a court in	4627
accordance with section 5139.51 of the Revised Code, and giving a	4628
child notice of all reviews;	4629

(3) Maintain records of its official actions, decisions,	4630
orders, and hearing summaries and make the records accessible in	4631
accordance with division (D) of section 5139.05 of the Revised	4632
Code;	4633

(4) Cooperate with public and private agencies, communities,	4634
private groups, and individuals for the development and	4635
improvement of its services;	4636

(5) Collect, develop, and maintain statistical information	4637
regarding its services and decisions;	4638

(6) Submit to the director an annual report that includes a	4639
description of the operations of the release authority, an	4640
evaluation of its effectiveness, recommendations for statutory,	4641
budgetary, or other changes necessary to improve its	4642
effectiveness, and any other information required by the director.	4643

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

4644

(1) Conduct inquiries, investigations, and reviews and hold	4645
hearings and other proceedings necessary to properly discharge its	4646
responsibilities;	4647

(2) Issue subpoenas, enforceable in a court of law, to	4648
compel a person to appear, give testimony, or produce documentary	4649
information or other tangible items relating to a matter under	4650
inquiry, investigation, review, or hearing;	4651

(3) Administer oaths and receive testimony of persons under	4652
oath;	4653

(4) Request assistance, services, and information from a	4654
public agency to enable the authority to discharge its	4655
responsibilities and receive the assistance, services, and	4656
information from the public agency in a reasonable period of time;	4657

(5) Request from a public agency or any other entity that	4658
provides or has provided services to a child committed to the	4659
department's legal custody information to enable the release	4660
authority to properly discharge its responsibilities with respect	4661
to that child and receive the information from the public agency	4662
or other entity in a reasonable period of time.	4663

(G) The release authority may delegate responsibilities to	4664
hearing officers or other designated staff under the release	4665
authority's auspices. However, the release authority shall not	4666
delegate its authority to make final decisions regarding policy or	4667
the release of a child.	4668

(H) The release authority shall adopt a written policy and	4669
procedures governing appeals of its release and discharge	4670
decisions.	4671

(I)(H) The legal staff of the department of youth services	4672
shall provide assistance to the release authority in the	4673
formulation of policy and in its handling of individual cases.	4674

Sec. 5139.53.  (A)(1) The director of youth services shall	4675
designate certain employees of the department of youth services,	4676
including regional administrators, as persons who are authorized,	4677
in accordance with section 5139.52 of the Revised Code, to execute	4678
an order of apprehension or a warrant for, or otherwise to arrest,	4679
children in the custody of the department who are violating or are	4680
alleged to have violated the terms and conditions of supervised	4681
release or judicial release to department of youth services	4682
supervision.	4683

(2) The director of youth services shallmay designate some	4684
of the employees designated under division (A)(1) of this section	4685
as employees authorized to carry a firearm issued by the	4686
department while on duty for their protection in carrying out	4687
official duties.	4688

(B)(1) An employee of the department designated by the	4689
director pursuant to division (A)(1) of this section as having the	4690
authority to execute orders of apprehension or warrants and to	4691
arrest children as described in that division shall not undertake	4692
an arrest until the employee has successfully completed training	4693
courses regarding the making of arrests by employees of that	4694
nature that are developed in cooperation with and approved by the	4695
executive director of the Ohio peace officer training commission.	4696
The courses shall include, but shall not be limited to, training	4697
in arrest tactics, defensive tactics, the use of force, and	4698
response tactics.	4699

(2) The director of youth services shall develop, and shall	4700
submit to the governor for the governor's approval, a deadly force	4701
policy for the department. The deadly force policy shall require	4702
each employee who is designated under division (A)(2) of this	4703
section to carry a firearm in the discharge of official duties to	4704
receive training in the use of deadly force, shall specify the	4705
number of hours and the general content of the training in the use	4706
of deadly force that each of the designated employees must	4707
receive, and shall specify the procedures that must be followed	4708
after the use of deadly force by any of the designated employees.	4709
Upon receipt of the policy developed by the director under this	4710
division, the governor, in writing, promptly shall approve or	4711
disapprove the policy. If the governor, in writing, disapproves	4712
the policy, the director shall develop and resubmit a new policy	4713
under this division, and no employee shall be trained under the	4714
disapproved policy. If the governor, in writing, approves the	4715
policy, the director shall adopt it as a department policy and	4716
shall distribute it to each employee designated under (A)(2) of	4717
this section to carry a firearm in the discharge of official	4718
duties. An employee designated by the director pursuant to	4719
division (A)(2) of this section to carry a firearm in the	4720
discharge of official duties shall not carry a firearm until the	4721
employee has successfully completed both of the following:	4722

(a) Training in the use of deadly force that comports with	4723
the policy approved by the governor and developed and adopted by	4724
the director under division (B)(2) of this section. The training	4725
required by this division shall be conducted at a training school	4726
approved by the Ohio peace officer training commission and shall	4727
be in addition to the training described in divisions (B)(1) and	4728
(2)(b) of this section that the employee must complete prior to	4729
undertaking an arrest and separate from and independent of the	4730
training required by division (B)(2)(b) of this section.	4731

(b) A basic firearm training program that is conducted at a	4732
training school approved by the Ohio peace officer training	4733
commission and that is substantially similar to the basic firearm	4734
training program for peace officers conducted at the Ohio peace	4735
officer training academy and has received a certificate of	4736
satisfactory completion of that program from the executive	4737
director of the Ohio peace officer training commission. The	4738
training described in this division that an employee must complete	4739
prior to carrying a firearm shall be in addition to the training	4740
described in division (B)(1) of this section that the employee	4741
must complete prior to undertaking an arrest.	4742

(C) After receipt of a certificate of satisfactory	4743
completion of a basic firearm training program, to maintain the	4744
right to carry a firearm in the discharge of official duties, an	4745
employee authorized under this section to carry a firearm shall	4746
successfully complete a firearms requalification program in	4747
accordance with section 109.801 of the Revised Code.	4748

(D) Each employee authorized to carry a firearm shall give	4749
bond to the state to be approved by the clerk of the court of	4750
common pleas in the county of that employee's residence. The bond	4751
shall be in the sum of one thousand dollars, conditioned to save	4752
the public harmless by reason of the unlawful use of a firearm. A	4753
person injured or the family of a person killed by the employee's	4754
improper use of a firearm may have recourse on the bond.	4755

(E) In addition to the deadly force policy adopted under	4756
division (B)(2) of this section, the director of youth services	4757
shall establish policies for the carrying and use of firearms by	4758
the employees that the director designates under this section.	4759

Section 2. That existing sections 2151.18, 2151.28, 2151.314,	4760
2151.354, 2151.38, 2151.87, 2152.10, 2152.13, 2152.14, 2152.16,	4761
2152.17, 2152.18, 2152.19, 2152.22, 2152.71, 2152.82, 2152.83,	4762
2152.84, 2301.03, 2927.02, 2950.01, 2950.04, 2950.09, 2950.14,	4763
5139.05, 5139.06, 5139.50, and 5139.53 of the Revised Code are	4764
hereby repealed.	4765

Section 3. The General Assembly hereby encourages the Supreme	4766
Court to amend the Juvenile Rules to make clear that, while a	4767
magistrate may not try or sentence a case involving an alleged or	4768
adjudicated serious youthful offender, a magistrate may handle	4769
ministerial duties in that type of case, including arraignment and	4770
setting bail.	4771

Section 4. (A) If a person desiring to become a candidate at	4772
the general election to be held on November 5, 2002, for election	4773
to the judgeship of the Muskingum County Court of Common Pleas,	4774
division of domestic relations, whose term begins on January 2,	4775
2003, has filed a nominating petition and statement of candidacy,	4776
as provided in section 3513.261 of the Revised Code, before the	4777
effective date of this act, the person shall not be required to	4778
file a new nominating petition and statement of candidacy for the	4779
judgeship as a result of the amendment of section 2301.03 of the	4780
Revised Code by this act that changes the powers of that	4781
judgeship.	4782

(B) Notwithstanding sections 3513.05 and 3513.257 of the	4783
Revised Code, a person desiring to become a candidate at the	4784
general election to be held on November 5, 2002, for election to	4785
the judgeship of the Muskingum County Court of Common Pleas,	4786
division of domestic relations, whose term begins on January 2,	4787
2003, may file a nominating petition and statement of candidacy,	4788
as provided in section 3513.261 of the Revised Code, not later	4789
than four p.m. on August 22, 2002. Notwithstanding section	4790
3513.257 of the Revised Code, the nominating petition of each	4791
candidate for this judgeship shall contain a minimum of fifty	4792
signatures of qualified electors of Muskingum County, except that	4793
no nominating petition shall be accepted for filing or filed if	4794
the petition appears on its face to contain or is known to contain	4795
signatures aggregating in number more than one hundred fifty. The	4796
nominating petitions of candidates for this judgeship shall be	4797
processed as set forth in section 3513.263 of the Revised Code.	4798
The names of the candidates, whose petition papers shall be	4799
determined by the board with which the petitions were filed to be	4800
valid, shall be printed on the ballot as set forth in section	4801
3505.04 of the Revised Code.	4802

Section 5. (A) Section 2152.17 of the Revised Code, as	4803
presented in this act, includes matter that was amended into	4804
former section 2151.355 of the Revised Code by Am. Sub. S.B. 222	4805
of the 123rd General Assembly. Paragraphs of former section	4806
2151.355 of the Revised Code containing S.B. 222 amendments were	4807
transferred to section 2152.17 of the Revised Code by Am. Sub.	4808
S.B. 179 of the 123rd General Assembly as part of its general	4809
revision of the juvenile sentencing laws. The General Assembly,	4810
applying the principle stated in division (B) of section 1.52 of	4811
the Revised Code that amendments are to be harmonized if	4812
reasonably capable of simultaneous operation, finds that the	4813
version of section 2152.17 of the Revised Code presented in this	4814
act is the resulting version of the section in effect prior to the	4815
effective date of the section as presented in this act.	4816

(B) Section 2152.18 of the Revised Code, as presented in	4817
this act, includes matter that was amended into former section	4818
2151.355 of the Revised Code by Am. Sub. S.B. 181 of the 123rd	4819
General Assembly. Paragraphs of former section 2151.355 of the	4820
Revised Code containing S.B. 181 amendments were transferred to	4821
section 2152.18 of the Revised Code by S.B. 179 of the 123rd	4822
General Assembly as part of its general revision of the juvenile	4823
sentencing laws. The General Assembly, applying the principle	4824
stated in division (B) of section 1.52 of the Revised Code that	4825
amendments are to be harmonized if reasonably capable of	4826
simultaneous operation, finds that the version of section 2152.18	4827
of the Revised Code presented in this act is the resulting version	4828
of the section in effect prior to the effective date of the	4829
section as presented in this act.	4830

Section 6. Section 2151.28 of the Revised Code is amended by	4831
this act and also by Sub. H.B. 180 of the 124th General Assembly	4832
(effective May 16, 2002). The amendments of Sub. H.B. 180 are	4833
included in this act without underscore to confirm the intention	4834
to retain them, but are not intended to be effective until May 16,	4835
2002.	4836

Section 7. This act is hereby declared to be an emergency	4837
measure necessary for the immediate preservation of the public	4838
peace, health, and safety. The reason for such necessity is that	4839
a coherent system of Juvenile Law is urgently needed to fulfill	4840
the purposes of that Law. Therefore, this act shall go into	4841
immediate effect.	4842