(D) Whoever violates division (A) of section 959.13 of the | 19 |
Revised Code is guilty of a misdemeanor of the second degree on a | 20 |
first offense and a felony of the fifth degree on each subsequent | 21 |
offense. In
addition, the court may order the offender to forfeit | 22 |
the animal
or livestock and may provide for its disposition, | 23 |
including, but
not limited to, the sale of the animal or | 24 |
livestock. If an
animal
or livestock is forfeited and sold | 25 |
pursuant to this
division, the
proceeds from the sale first shall | 26 |
be applied to
pay the expenses
incurred with regard to the care of | 27 |
the animal
from the time it
was taken from the custody of the | 28 |
former owner.
The balance of the
proceeds from the sale, if any, | 29 |
shall be paid
to the former owner
of the animal. | 30 |
(3)(a) A court may order a person who is convicted of or | 39 |
pleads
guilty to
a violation of section 959.131 of the Revised | 40 |
Code
to
forfeit to an impounding agency, as defined in section | 41 |
959.132 of
the Revised Code, any or all of the companion animals | 42 |
in that
person's ownership or care. The court also may prohibit
or | 43 |
place
limitations on the person's ability to own or care for
any | 44 |
companion animals for a specified or indefinite period of
time. | 45 |
(4) If(a) Except as otherwise provided in division (E)(4)(b) | 53 |
of this section, if a court has reason to believe that a person | 54 |
who is
convicted of or
pleads guilty to a violation
of section | 55 |
959.131 of
the Revised Code
suffers from a mental or emotional | 56 |
disorder that
contributed to the violation,
the court may impose | 57 |
as a community
control sanction or as a condition of probation a | 58 |
requirement that
the offender undergo psychological evaluation or | 59 |
counseling. The
court shall order the offender to pay the costs
of | 60 |
the evaluation
or counseling. | 61 |
(2) Commit the child to the temporary custody of any school, | 83 |
camp, institution, or other facility operated for the care of | 84 |
delinquent
children by the county, by a district organized under | 85 |
section
2152.41 or 2151.65 of the Revised Code, or by a private | 86 |
agency or organization, within or without the state, that is | 87 |
authorized and
qualified to provide the care, treatment, or | 88 |
placement required, including, but not limited to, a school, camp, | 89 |
or facility operated under section 2151.65 of the Revised Code; | 90 |
(4) Place the child on community control under any
sanctions, | 94 |
services,
and conditions that the court prescribes. As
a
condition | 95 |
of
community control in every case and in addition to
any other | 96 |
condition that it imposes upon the child, the court
shall require | 97 |
the child
to abide by the law during the period of
community | 98 |
control. As
referred to in this division, community
control | 99 |
includes, but is
not limited to, the following sanctions
and | 100 |
conditions: | 101 |
A period of house arrest with electronic monitoring or | 141 |
continuous alcohol monitoring or both electronic monitoring and | 142 |
continuous alcohol monitoring, imposed
under
this division shall | 143 |
not extend beyond the child's
twenty-first birthday. If a
court | 144 |
imposes a period of
house arrest with electronic monitoring or | 145 |
continuous alcohol monitoring or both electronic monitoring and | 146 |
continuous alcohol monitoring, upon a
child under this
division, | 147 |
it shall require the child: to remain in the child's
home or
other | 148 |
specified premises for the entire period of
house arrest with | 149 |
electronic monitoring or continuous alcohol monitoring or both | 150 |
except when the court
permits the child to
leave those premises to | 151 |
go to school or to
other specified
premises. Regarding electronic | 152 |
monitoring, the court also shall require the child to be monitored | 153 |
by a central system that
can determine
the child's location at | 154 |
designated times; to report
periodically
to a person designated by | 155 |
the court; and to enter
into a written
contract with the court | 156 |
agreeing to comply with all
requirements
imposed by the court, | 157 |
agreeing to pay any fee imposed
by the court
for the costs of the | 158 |
house
arrest with electronic monitoring, and
agreeing to waive the | 159 |
right to receive credit for any
time served
on house arrest with | 160 |
electronic monitoring toward the
period of any
other dispositional | 161 |
order imposed upon the child if
the child
violates any of the | 162 |
requirements of the dispositional
order of
house arrest with | 163 |
electronic monitoring. The court also
may impose
other reasonable | 164 |
requirements upon the child. | 165 |
Unless ordered by the court, a child shall not receive credit | 166 |
for any time
served on
house arrest with electronic monitoring
or | 167 |
continuous alcohol monitoring or both toward any other | 168 |
dispositional
order imposed upon the child for
the act for which | 169 |
was imposed the
dispositional order of
house arrest with | 170 |
electronic monitoring or continuous alcohol monitoring. As used in | 171 |
this division and division (A)(4)(l)(k) of this section, | 172 |
"continuous alcohol monitoring" has the same meaning as in section | 173 |
2929.01 of the Revised Code. | 174 |
(l) A suspension of the driver's license, probationary | 175 |
driver's
license, or temporary instruction permit issued to the | 176 |
child
for a period of time prescribed by the court, or a | 177 |
suspension
of the
registration of all motor vehicles
registered in | 178 |
the name of the child
for a period of time prescribed by the | 179 |
court. A child whose license or
permit is so suspended is | 180 |
ineligible for issuance of a license or
permit during the period | 181 |
of suspension. At the end of the period
of suspension, the child | 182 |
shall not be reissued a license or permit
until the child has paid | 183 |
any applicable reinstatement fee and
complied with all | 184 |
requirements governing license reinstatement. | 185 |
(b) If a child is adjudicated a delinquent child for being a | 203 |
chronic truant or a habitual truant who previously has been | 204 |
adjudicated an
unruly child for being a
habitual truant and the | 205 |
court determines that the parent,
guardian, or other person having | 206 |
care of the child has failed to
cause the child's attendance at | 207 |
school in violation of section
3321.38 of the Revised Code, do | 208 |
either or both of the
following: | 209 |
(B) If a child is adjudicated a delinquent child, in
addition | 231 |
to
any order of disposition made under division (A) of
this | 232 |
section, the
court, in
the following situations
and for the | 233 |
specified periods of time, shall
suspend the child's temporary | 234 |
instruction
permit, restricted
license, probationary driver's | 235 |
license, or nonresident
operating
privilege, or suspend the | 236 |
child's ability to obtain such a permit: | 237 |
(2)
If the child is adjudicated a delinquent child for | 245 |
committing an
act that if committed by an adult would be a drug | 246 |
abuse offense
or for violating
division (B) of section 2917.11 of | 247 |
the Revised
Code,
suspend the child's license, permit, or | 248 |
privilege for a period of time prescribed by the court. The court, | 249 |
in its discretion, may terminate the suspension
if the child | 250 |
attends and
satisfactorily completes a drug abuse or
alcohol abuse | 251 |
education,
intervention, or treatment program
specified by the | 252 |
court. During
the time the child is attending
a program
described | 253 |
in this division, the
court shall retain
the child's
temporary | 254 |
instruction permit, probationary
driver's license, or
driver's | 255 |
license, and the
court shall return the permit or
license
if it | 256 |
terminates the
suspension as described in this
division. | 257 |
(D)(1) If a child is adjudicated a delinquent child for | 263 |
committing an act that would be a felony if committed by an adult | 264 |
and if the
child caused, attempted to cause, threatened to
cause, | 265 |
or created a risk of physical harm to the victim of the
act, the | 266 |
court, prior to issuing an order of disposition under
this | 267 |
section, shall order the preparation of a victim impact
statement | 268 |
by the probation department of the county in which the
victim of | 269 |
the act resides, by the court's own probation department, or by a | 270 |
victim assistance program that is operated by the state, a county, | 271 |
a municipal
corporation, or another governmental entity. The court | 272 |
shall
consider the victim impact statement in determining the | 273 |
order of
disposition to issue for the child. | 274 |
(2) Each victim impact statement shall identify the victim
of | 275 |
the
act for which the child was adjudicated a delinquent child, | 276 |
itemize any
economic loss suffered by the victim as a result of | 277 |
the act,
identify any physical injury suffered by the victim as a | 278 |
result of
the act and the seriousness and permanence of the | 279 |
injury, identify
any change in the victim's personal welfare or | 280 |
familial
relationships as a result of the act and any | 281 |
psychological impact
experienced by the victim or the victim's | 282 |
family as a result of the act, and
contain any other
information | 283 |
related to the impact of the act upon the victim that the
court | 284 |
requires. | 285 |
(3) A victim impact statement shall be kept confidential and | 286 |
is
not a public record. However, the court may furnish copies of | 287 |
the statement
to the department of youth services if the | 288 |
delinquent child
is committed to the department or to both the | 289 |
adjudicated
delinquent child or the adjudicated delinquent child's | 290 |
counsel and
the prosecuting attorney. The copy of a victim impact | 291 |
statement
furnished by the court to the department pursuant to | 292 |
this section
shall be kept confidential and is not a public | 293 |
record.
If an officer is preparing pursuant to section 2947.06 or | 294 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 295 |
investigation report pertaining to a person, the court shall make | 296 |
available to the officer, for use in preparing the report, a copy | 297 |
of any victim impact statement regarding that person. The copies | 298 |
of a victim
impact statement that are made
available to the | 299 |
adjudicated delinquent child or the adjudicated
delinquent child's | 300 |
counsel and the
prosecuting attorney pursuant
to this division | 301 |
shall be returned to the
court by the person to
whom they were | 302 |
made available
immediately following the imposition
of an order of | 303 |
disposition for the
child under this chapter. | 304 |
(E) If a child is adjudicated a delinquent child for being a | 312 |
chronic
truant or a habitual truant who previously has been | 313 |
adjudicated an
unruly child for being a habitual truant and the | 314 |
court determines that
the parent, guardian, or other person having | 315 |
care of the child has
failed to cause the child's attendance at | 316 |
school in violation of
section 3321.38 of the Revised Code, in | 317 |
addition to any
order of
disposition it makes under this section, | 318 |
the court shall warn the
parent, guardian, or other person having | 319 |
care of the child that
any subsequent adjudication of the child as | 320 |
an unruly or
delinquent child for being a habitual or chronic | 321 |
truant may
result in a criminal charge against the parent, | 322 |
guardian, or other
person having care of the child for a violation | 323 |
of division (C) of
section 2919.21 or section 2919.24 of the | 324 |
Revised Code. | 325 |
(F) If a child under fifteen years of age is adjudicated a | 326 |
delinquent child for a violation of division (B) of section | 327 |
959.131 of the Revised Code, the court, in addition to any other | 328 |
disposition that it makes under this section, shall require the | 329 |
child to undergo psychological evaluation and individual or family | 330 |
counseling for a period of not less than six months. The court may | 331 |
order the parent, guardian, or other person having care of the | 332 |
child to pay the costs of the evaluation, the counseling, or both. | 333 |
(G)(1) During the period of a delinquent child's community | 334 |
control granted under this section, authorized probation officers | 335 |
who are
engaged within the scope of their supervisory duties
or | 336 |
responsibilities may search, with or without a warrant, the
person | 337 |
of the delinquent child, the place of residence of the
delinquent | 338 |
child, and a motor vehicle, another item of tangible or
intangible | 339 |
personal property, or other real property in which the
delinquent | 340 |
child has a right, title, or interest or for which the
delinquent | 341 |
child has the express or implied permission of a person with a | 342 |
right, title, or interest to use, occupy, or possess if the | 343 |
probation officers
have reasonable grounds to believe that the | 344 |
delinquent child is not abiding by
the law or otherwise is not | 345 |
complying with the conditions of the
delinquent child's community | 346 |
control. The court that places a
delinquent child on community | 347 |
control under this section shall
provide the delinquent child with | 348 |
a written notice that informs
the delinquent child that authorized | 349 |
probation officers who are
engaged within the scope of their | 350 |
supervisory duties or responsibilities may
conduct those types of | 351 |
searches during the period of community control if they
have | 352 |
reasonable grounds to believe that the delinquent child is
not | 353 |
abiding by the law or otherwise is not complying with the | 354 |
conditions of the delinquent child's community control. The court | 355 |
also shall provide the written notice described in division | 356 |
(E)(G)(2)
of this section to each
parent, guardian, or custodian | 357 |
of the
delinquent child who is described in
that
division. | 358 |
(2) The court that places a child on community control under | 359 |
this
section shall provide the child's parent, guardian, or other | 360 |
custodian
with a written notice that informs them that authorized | 361 |
probation
officers may conduct searches pursuant to division | 362 |
(E)(G)(1) of this
section. The notice shall specifically state | 363 |
that
a permissible
search might extend to a motor vehicle, another | 364 |
item
of tangible
or intangible personal property, or a place of | 365 |
residence or other
real property in which a notified parent, | 366 |
guardian, or custodian
has a right, title, or interest and that | 367 |
the parent, guardian, or
custodian expressly or impliedly permits | 368 |
the child to use, occupy,
or possess. | 369 |