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To amend sections 2151.312, 2151.354, and 2152.26, to | 1 |
enact new sections 2151.56, 2151.57, 2151.58, and | 2 |
2151.59 and to repeal sections 2151.56, 2151.57, | 3 |
2151.58, 2151.59, 2151.60, and 2151.61 of the | 4 |
Revised Code to ratify, enact into law, and enter | 5 |
into as a party the Interstate Compact for | 6 |
Juveniles; to provide for certain entities and | 7 |
officials and assign certain responsibilities that | 8 |
relate to that Compact; to repeal the current | 9 |
Interstate Compact on Juveniles, and to declare an | 10 |
emergency. | 11 |
Section 1. That sections 2151.312, 2151.354, and 2152.26 be | 12 |
amended and new sections 2151.56, 2151.57, 2151.58, and 2151.59 of | 13 |
the Revised Code be enacted to read as follows: | 14 |
Sec. 2151.312. (A) A child alleged to be or adjudicated an | 15 |
unruly child may be held only in the following places: | 16 |
(1) A certified family foster home or a home approved by the | 17 |
court; | 18 |
(2) A facility operated by a certified child welfare agency; | 19 |
(3) Any other suitable place designated by the court. | 20 |
(B)(1) Except as provided under division (C)(1) of section | 21 |
2151.311 of the Revised Code, a child alleged to be or adjudicated | 22 |
a neglected child, an abused child, a dependent child, or an | 23 |
unruly child may not be held in any of the following facilities: | 24 |
(a) A state correctional institution, county, multicounty, or | 25 |
municipal jail or workhouse, or other place in which an adult | 26 |
convicted of a crime, under arrest, or charged with a crime is | 27 |
held; | 28 |
(b) A secure correctional facility. | 29 |
(2) Except as provided under sections | 30 |
31 | |
section and except when a case is transferred under section | 32 |
2152.12 of the Revised Code, a child alleged to be or adjudicated | 33 |
an unruly child may not be held for more than twenty-four hours in | 34 |
a detention facility. A child alleged to be or adjudicated a | 35 |
neglected child, an abused child, or a dependent child shall not | 36 |
be held in a detention facility. | 37 |
(3) A child who is alleged to be or adjudicated an unruly | 38 |
child and who is taken into custody on a Saturday, Sunday, or | 39 |
legal holiday, as listed in section 1.14 of the Revised Code, may | 40 |
be held in a detention facility until the next succeeding day that | 41 |
is not a Saturday, Sunday, or legal holiday. | 42 |
Sec. 2151.354. (A) If the child is adjudicated an unruly | 43 |
child, the court may: | 44 |
(1) Make any of the dispositions authorized under section | 45 |
2151.353 of the Revised Code; | 46 |
(2) Place the child on community control under any sanctions, | 47 |
services, and conditions that the court prescribes, as described | 48 |
in division (A)(4) of section 2152.19 of the Revised Code, | 49 |
provided that, if the court imposes a period of community service | 50 |
upon the child, the period of community service shall not exceed | 51 |
one hundred seventy-five hours; | 52 |
(3) Suspend the driver's license, probationary driver's | 53 |
license, or temporary instruction permit issued to the child for a | 54 |
period of time prescribed by the court and suspend the | 55 |
registration of all motor vehicles registered in the name of the | 56 |
child for a period of time prescribed by the court. A child whose | 57 |
license or permit is so suspended is ineligible for issuance of a | 58 |
license or permit during the period of suspension. At the end of | 59 |
the period of suspension, the child shall not be reissued a | 60 |
license or permit until the child has paid any applicable | 61 |
reinstatement fee and complied with all requirements governing | 62 |
license reinstatement. | 63 |
(4) Commit the child to the temporary or permanent custody of | 64 |
the court; | 65 |
(5) Make any further disposition the court finds proper that | 66 |
is consistent with sections 2151.312 and 2151.56 to | 67 |
2151.59 of the Revised Code; | 68 |
(6) If, after making a disposition under division (A)(1), | 69 |
(2), or (3) of this section, the court finds upon further hearing | 70 |
that the child is not amenable to treatment or rehabilitation | 71 |
under that disposition, make a disposition otherwise authorized | 72 |
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of | 73 |
the Revised Code that is consistent with sections 2151.312 and | 74 |
2151.56 to
| 75 |
(B) If a child is adjudicated an unruly child for committing | 76 |
any act that, if committed by an adult, would be a drug abuse | 77 |
offense, as defined in section 2925.01 of the Revised Code, or a | 78 |
violation of division (B) of section 2917.11 of the Revised Code, | 79 |
in addition to imposing, in its discretion, any other order of | 80 |
disposition authorized by this section, the court shall do both of | 81 |
the following: | 82 |
(1) Require the child to participate in a drug abuse or | 83 |
alcohol abuse counseling program; | 84 |
(2) Suspend the temporary instruction permit, probationary | 85 |
driver's license, or driver's license issued to the child for a | 86 |
period of time prescribed by the court. The court, in its | 87 |
discretion, may terminate the suspension if the child attends and | 88 |
satisfactorily completes a drug abuse or alcohol abuse education, | 89 |
intervention, or treatment program specified by the court. During | 90 |
the time the child is attending a program as described in this | 91 |
division, the court shall retain the child's temporary instruction | 92 |
permit, probationary driver's license, or driver's license, and | 93 |
the court shall return the permit or license if it terminates the | 94 |
suspension. | 95 |
(C)(1) If a child is adjudicated an unruly child for being an | 96 |
habitual truant, in addition to or in lieu of imposing any other | 97 |
order of disposition authorized by this section, the court may do | 98 |
any of the following: | 99 |
(a) Order the board of education of the child's school | 100 |
district or the governing board of the educational service center | 101 |
in the child's school district to require the child to attend an | 102 |
alternative school if an alternative school has been established | 103 |
pursuant to section 3313.533 of the Revised Code in the school | 104 |
district in which the child is entitled to attend school; | 105 |
(b) Require the child to participate in any academic program | 106 |
or community service program; | 107 |
(c) Require the child to participate in a drug abuse or | 108 |
alcohol abuse counseling program; | 109 |
(d) Require that the child receive appropriate medical or | 110 |
psychological treatment or counseling; | 111 |
(e) Make any other order that the court finds proper to | 112 |
address the child's habitual truancy, including an order requiring | 113 |
the child to not be absent without legitimate excuse from the | 114 |
public school the child is supposed to attend for five or more | 115 |
consecutive days, seven or more school days in one school month, | 116 |
or twelve or more school days in a school year and including an | 117 |
order requiring the child to participate in a truancy prevention | 118 |
mediation program. | 119 |
(2) If a child is adjudicated an unruly child for being an | 120 |
habitual truant and the court determines that the parent, | 121 |
guardian, or other person having care of the child has failed to | 122 |
cause the child's attendance at school in violation of section | 123 |
3321.38 of the Revised Code, in addition to any order of | 124 |
disposition authorized by this section, all of the following | 125 |
apply: | 126 |
(a) The court may require the parent, guardian, or other | 127 |
person having care of the child to participate in any community | 128 |
service program, preferably a community service program that | 129 |
requires the involvement of the parent, guardian, or other person | 130 |
having care of the child in the school attended by the child. | 131 |
(b) The court may require the parent, guardian, or other | 132 |
person having care of the child to participate in a truancy | 133 |
prevention mediation program. | 134 |
(c) The court shall warn the parent, guardian, or other | 135 |
person having care of the child that any subsequent adjudication | 136 |
of the child as an unruly or delinquent child for being an | 137 |
habitual or chronic truant may result in a criminal charge against | 138 |
the parent, guardian, or other person having care of the child for | 139 |
a violation of division (C) of section 2919.21 or section 2919.24 | 140 |
of the Revised Code. | 141 |
Sec. 2151.56. The "interstate compact for juveniles" is | 142 |
hereby ratified, enacted into law, and entered into by the state | 143 |
of Ohio as a party to the compact with any other state that has | 144 |
legally joined in the compact as follows: | 145 |
146 | |
147 | |
The compacting states to this interstate compact for | 148 |
juveniles recognize that each state is responsible for the proper | 149 |
supervision or return of juveniles, delinquents, and status | 150 |
offenders who are on probation or parole and who have absconded, | 151 |
escaped, or run away from supervision and control and in so doing | 152 |
have endangered their own safety and the safety of others. The | 153 |
compacting states also recognize that each state is responsible | 154 |
for the safe return of juveniles who have run away from home and | 155 |
in doing so have left their state of residence. The compacting | 156 |
states also recognize that congress, by enacting the Crime Control | 157 |
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged | 158 |
compacts for cooperative efforts and mutual assistance in the | 159 |
prevention of crime. | 160 |
It is the policy of the compacting states that the activities | 161 |
conducted by the interstate commission for juveniles created by | 162 |
this compact are the formation of public policies and therefore | 163 |
are public business. Furthermore, the compacting states shall | 164 |
cooperate and observe their individual and collective duties and | 165 |
responsibilities for the prompt return and acceptance of juveniles | 166 |
subject to the provisions of this compact. The provisions of this | 167 |
compact shall be reasonably and liberally construed to accomplish | 168 |
the purposes and policies of the compact. | 169 |
It is the purpose of this compact, through means of joint and | 170 |
cooperative action among the compacting states, to do all of the | 171 |
following: | 172 |
(A) Ensure that the adjudicated juveniles and status | 173 |
offenders subject to this compact are provided adequate | 174 |
supervision and services in the receiving state as ordered by the | 175 |
adjudicating judge or parole authority in the sending state; | 176 |
(B) Ensure that the public safety interests of the citizens, | 177 |
including the victims of juvenile offenders, in both the sending | 178 |
and receiving states are adequately protected; | 179 |
(C) Return juveniles who have run away, absconded, or escaped | 180 |
from supervision or control or have been accused of an offense to | 181 |
the state requesting their return; | 182 |
(D) Make contracts for the cooperative institutionalization | 183 |
in public facilities in member states for delinquent youth needing | 184 |
special services; | 185 |
(E) Provide for the effective tracking and supervision of | 186 |
juveniles; | 187 |
(F) Equitably allocate the costs, benefits, and obligations | 188 |
of the compacting states; | 189 |
(G) Establish procedures to manage the movement between | 190 |
states of juvenile offenders released to the community under the | 191 |
jurisdiction of courts, juvenile departments, or any other | 192 |
criminal or juvenile justice agency that has jurisdiction over | 193 |
juvenile offenders; | 194 |
(H) Ensure immediate notice to jurisdictions where defined | 195 |
offenders are authorized to travel or to relocate across state | 196 |
lines; | 197 |
(I) Establish procedures to resolve pending charges, such as | 198 |
detainers, against juvenile offenders prior to transfer or release | 199 |
to the community under the terms of this compact; | 200 |
(J) Establish a system of uniform data collection on | 201 |
information pertaining to juveniles subject to this compact that | 202 |
allows access by authorized juvenile justice and criminal justice | 203 |
officials and regular reporting of compact activities to heads of | 204 |
state executive, judicial, and legislative branches and juvenile | 205 |
justice and criminal justice administrators; | 206 |
(K) Monitor compliance with rules governing interstate | 207 |
movement of juveniles and initiate interventions to address and | 208 |
correct noncompliance; | 209 |
(L) Coordinate training and education regarding the | 210 |
regulation of interstate movement of juveniles for officials | 211 |
involved in such activity; | 212 |
(M) Coordinate the implementation and operation of this | 213 |
compact with the interstate compact for the placement of children, | 214 |
the interstate compact for adult offender supervision, and other | 215 |
compacts affecting juveniles, particularly in those cases where | 216 |
concurrent or overlapping supervision issues arise. | 217 |
218 | |
As used in this compact, unless the context clearly requires | 219 |
a different construction: | 220 |
(A) "Bylaws" means those bylaws established by the interstate | 221 |
commission for its governance or for directing or controlling its | 222 |
actions or conduct. | 223 |
(B) "Compact administrator" means the individual in each | 224 |
compacting state appointed pursuant to the terms of this compact | 225 |
who is responsible for the administration and management of the | 226 |
state's supervision and transfer of juveniles subject to the terms | 227 |
of this compact, the rules adopted by the interstate commission | 228 |
under this compact, and policies adopted by the state council | 229 |
under this compact. | 230 |
(C) "Compacting state" means any state that has enacted the | 231 |
enabling legislation for this compact. | 232 |
(D) "Commissioner" means the voting representative of each | 233 |
compacting state appointed pursuant to Article III of this | 234 |
compact. | 235 |
(E) "Court" means any court having jurisdiction over | 236 |
delinquent, neglected, or dependent children. | 237 |
(F) "Interstate commission for juveniles" or "interstate | 238 |
commission" means the interstate commission for juveniles created | 239 |
by Article III of this compact. | 240 |
(G) "Juvenile" means any person defined as a juvenile in any | 241 |
member state or by the rules of the interstate commission, | 242 |
including any of the following: | 243 |
(1) An "accused delinquent," which means a person charged | 244 |
with a violation of a law or municipal ordinance that, if | 245 |
committed by an adult, would be a criminal offense; | 246 |
(2) An "adjudicated delinquent," which means a person found | 247 |
to have committed a violation of a law or municipal ordinance | 248 |
that, if committed by an adult, would be a criminal offense; | 249 |
(3) An "accused status offender," which means a person | 250 |
charged with a violation of a law or municipal ordinance that | 251 |
would not be a criminal offense if committed by an adult; | 252 |
(4) An "adjudicated status offender," which means a person | 253 |
found to have committed a violation of a law or municipal | 254 |
ordinance that would not be a criminal offense if committed by an | 255 |
adult; | 256 |
(5) A "nonoffender," which means a person in need of | 257 |
supervision who is not an accused or adjudicated status offender | 258 |
or delinquent. | 259 |
(H) "Noncompacting state" means any state that has not | 260 |
enacted the enabling legislation for this compact. | 261 |
(I) "Probation or parole" means any kind of supervision or | 262 |
conditional release of juveniles authorized under the laws of the | 263 |
compacting states. | 264 |
(J) "Rule" means a written statement by the interstate | 265 |
commission promulgated pursuant to Article VI of this compact that | 266 |
is of general applicability, that implements, interprets, or | 267 |
prescribes a policy or provision of the compact, or an | 268 |
organizational, procedural, or practice requirement of the | 269 |
interstate commission, and that has the force and effect of | 270 |
statutory law in a compacting state, and includes the amendment, | 271 |
repeal, or suspension of an existing rule. | 272 |
(K) "State" means a state of the United States, the District | 273 |
of Columbia or its designee, the Commonwealth of Puerto Rico, the | 274 |
U.S. Virgin Islands, Guam, American Samoa, and the Northern | 275 |
Marianas Islands. | 276 |
277 | |
(A) The compacting states hereby create the "interstate | 278 |
commission for juveniles." The commission shall be a body | 279 |
corporate and joint agency of the compacting states. The | 280 |
commission shall have all the responsibilities, powers, and duties | 281 |
set forth in this compact, and any additional powers that may be | 282 |
conferred upon it by subsequent action of the respective | 283 |
legislatures of the compacting states in accordance with the terms | 284 |
of this compact. | 285 |
(B) The interstate commission shall consist of commissioners | 286 |
appointed by the appropriate appointing authority in each state | 287 |
pursuant to the rules and requirements of each compacting state | 288 |
and in consultation with the state council for interstate juvenile | 289 |
supervision created in the state in accordance with this compact. | 290 |
The commissioners are the voting representatives of each state. | 291 |
The commissioner for a state shall be the compact administrator or | 292 |
designee from that state who shall serve on the interstate | 293 |
commission in such capacity under or pursuant to the applicable | 294 |
law of the compacting state. | 295 |
(C) In addition to the commissioners, the interstate | 296 |
commission also shall include individuals who are not | 297 |
commissioners but who are members of interested organizations. The | 298 |
noncommissioner members shall include a member of the national | 299 |
organizations of governors, legislators, state chief justices, | 300 |
attorneys general, interstate compact for adult offender | 301 |
supervision, interstate compact for the placement of children, | 302 |
juvenile justice and juvenile corrections officials, and crime | 303 |
victims. All noncommissioner members of the interstate commission | 304 |
shall be ex officio, nonvoting members. The interstate commission | 305 |
may provide in its bylaws for such additional ex officio, | 306 |
nonvoting members, including members of other national | 307 |
organizations, in such numbers as shall be determined by the | 308 |
commission. | 309 |
(D) Each compacting state represented at any meeting of the | 310 |
interstate commission is entitled to one vote. A majority of the | 311 |
compacting states shall constitute a quorum for the transaction of | 312 |
business, unless a larger quorum is required by the bylaws of the | 313 |
interstate commission. | 314 |
(E) The interstate commission shall meet at least once each | 315 |
calendar year. The chairperson may call additional meetings and, | 316 |
upon the request of a simple majority of the compacting states, | 317 |
shall call additional meetings. Public notice shall be given of | 318 |
all meetings, and all meetings, shall be open to the public. | 319 |
(F) The interstate commission shall establish an executive | 320 |
committee, which shall include commission officers, members, and | 321 |
others as determined by the interstate commission's bylaws. The | 322 |
executive committee shall have the power to act on behalf of the | 323 |
interstate commission during periods when the interstate | 324 |
commission is not in session, with the exception of any rulemaking | 325 |
or amendment to the compact. The executive committee shall do all | 326 |
of the following: | 327 |
(1) Oversee the day-to-day activities of the administration | 328 |
of the compact, managed by an executive director and interstate | 329 |
commission staff; | 330 |
(2) Administer enforcement and compliance with the provisions | 331 |
of this compact and the interstate commission's bylaws and rules; | 332 |
(3) Perform any other duties as directed by the interstate | 333 |
commission or set forth in its bylaws. | 334 |
(G) Each member of the interstate commission shall have the | 335 |
right and power to cast a vote to which that compacting state is | 336 |
entitled and to participate in the business and affairs of the | 337 |
interstate commission. A member shall vote in person and shall not | 338 |
delegate a vote to another compacting state. However, a | 339 |
commissioner, in consultation with the state council for | 340 |
interstate juvenile supervision for the state, shall appoint | 341 |
another authorized representative, in the absence of the | 342 |
commissioner from that state, to cast a vote on behalf of the | 343 |
compacting state at a specified meeting. The interstate | 344 |
commission's bylaws may provide for members' participation in | 345 |
meetings by telephone or other means of telecommunication or | 346 |
electronic communication. | 347 |
(H) The interstate commission's bylaws shall establish | 348 |
conditions and procedures under which the interstate commission | 349 |
shall make its information and official records available to the | 350 |
public for inspection or copying. The interstate commission may | 351 |
exempt from disclosure any information or official records to the | 352 |
extent the information or official records would adversely affect | 353 |
personal privacy rights or proprietary interests. | 354 |
(I) Public notice shall be given of all meetings of the | 355 |
interstate commission, and all of its meetings shall be open to | 356 |
the public, except as set forth in the commission's rules or as | 357 |
otherwise provided in this compact. The interstate commission and | 358 |
any of its committees may close a meeting to the public when it | 359 |
determines by two-thirds vote that an open meeting would be likely | 360 |
to do any of the following: | 361 |
(1) Relate solely to the interstate commission's internal | 362 |
personnel practices and procedures; | 363 |
(2) Disclose matters specifically exempted from disclosure by | 364 |
statute; | 365 |
(3) Disclose trade secrets or commercial or financial | 366 |
information that is privileged or confidential; | 367 |
(4) Involve accusing any person of a crime or formally | 368 |
censuring any person; | 369 |
(5) Disclose information of a personal nature where | 370 |
disclosure would constitute a clearly unwarranted invasion of | 371 |
personal privacy; | 372 |
(6) Disclose investigative records compiled for law | 373 |
enforcement purposes; | 374 |
(7) Disclose information contained in or related to | 375 |
examination, operating, or condition reports prepared by, or on | 376 |
behalf of or for the use of, the interstate commission with | 377 |
respect to a regulated person or entity for the purpose of | 378 |
regulation or supervision of such person or entity; | 379 |
(8) Disclose information, the premature disclosure of which | 380 |
would significantly endanger the stability of a regulated person | 381 |
or entity; | 382 |
(9) Specifically relate to the interstate commission's | 383 |
issuance of a subpoena or its participation in a civil action or | 384 |
other legal proceeding. | 385 |
(J) For every meeting closed pursuant to division (I) of this | 386 |
Article of this compact, the interstate commission's legal counsel | 387 |
shall publicly certify that, in the legal counsel's opinion, the | 388 |
meeting may be closed to the public and shall reference each | 389 |
relevant exemptive provision. The interstate commission shall keep | 390 |
minutes that fully and clearly describe all matters discussed in | 391 |
any meeting and that provide a full and accurate summary of any | 392 |
actions taken, and the reasons for the actions, including a | 393 |
description of each of the views expressed on any item and the | 394 |
record of any roll call vote (reflected in the vote of each member | 395 |
on the question). All documents considered in connection with any | 396 |
action shall be identified in those minutes. | 397 |
(K) The interstate commission shall collect standardized data | 398 |
concerning the interstate movement of juveniles as directed | 399 |
through its rules, which shall specify the data to be collected, | 400 |
the means of collection and data exchange, and reporting | 401 |
requirements. Such methods of data collection, exchange, and | 402 |
reporting shall insofar as is reasonably possible conform to | 403 |
up-to-date technology and coordinate the interstate commission's | 404 |
information functions with the appropriate repository of records. | 405 |
406 | |
The interstate commission shall maintain its corporate books | 407 |
and records in accordance with its bylaws. | 408 |
The interstate commission shall have all of the following | 409 |
powers and duties: | 410 |
(A) To provide for dispute resolution among compacting | 411 |
states; | 412 |
(B) To promulgate rules to affect the purposes and | 413 |
obligations as enumerated in this compact, which rules shall have | 414 |
the force and effect of statutory law and shall be binding in the | 415 |
compacting states to the extent and in the manner provided in this | 416 |
compact; | 417 |
(C) To oversee, supervise, and coordinate the interstate | 418 |
movement of juveniles, subject to the terms of this compact and | 419 |
any bylaws adopted and rules promulgated by the interstate | 420 |
commission; | 421 |
(D) To enforce compliance with the provisions of this | 422 |
compact, the rules promulgated by the interstate commission, and | 423 |
the interstate commission's bylaws, using all necessary and proper | 424 |
means, including but not limited to the use of judicial process; | 425 |
(E) To establish and maintain offices, which shall be located | 426 |
within one or more of the compacting states; | 427 |
(F) To purchase and maintain insurance and bonds; | 428 |
(G) To borrow, accept, hire, or contract for services of | 429 |
personnel; | 430 |
(H) To establish and appoint committees and hire staff that | 431 |
it considers necessary for the carrying out of its functions, | 432 |
including, but not limited to, an executive committee as required | 433 |
by Article III of this compact, which executive committee shall | 434 |
have the power to act on behalf of the interstate commission in | 435 |
carrying out its powers and duties under this compact; | 436 |
(I) To elect or appoint officers, attorneys, employees, | 437 |
agents, or consultants, to fix their compensation, define their | 438 |
duties, and determine their qualifications, and to establish the | 439 |
interstate commission's personnel policies and programs relating | 440 |
to, inter alia, conflicts of interest, rates of compensation, and | 441 |
qualifications of personnel; | 442 |
(J) To accept any and all donations and grants of money, | 443 |
equipment, supplies, materials, and services and to receive, | 444 |
utilize, and dispose of same; | 445 |
(K) To lease, purchase, accept contributions or donations of, | 446 |
or otherwise to own, hold, improve, or use any real property, | 447 |
personal property, or mixed real and personal property; | 448 |
(L) To sell, convey, mortgage, pledge, lease, exchange, | 449 |
abandon, or otherwise dispose of any real property, personal | 450 |
property, or mixed real and personal property; | 451 |
(M) To establish a budget and make expenditures and levy dues | 452 |
as provided in Article VIII of this compact; | 453 |
(N) To sue and be sued; | 454 |
(O) To adopt a seal and bylaws governing the management and | 455 |
operation of the interstate commission; | 456 |
(P) To perform any functions that may be necessary or | 457 |
appropriate to achieve the purposes of this compact; | 458 |
(Q) To report annually to the legislatures, governors, | 459 |
judiciary, and state councils for interstate juvenile supervision | 460 |
of the compacting states concerning the activities of the | 461 |
interstate commission during the preceding year, and with the | 462 |
annual reports also including any recommendations that may have | 463 |
been adopted by the interstate commission. | 464 |
(R) To coordinate education, training, and public awareness | 465 |
regarding the interstate movement of juveniles for officials | 466 |
involved in such activity. | 467 |
(S) To establish uniform standards of the reporting, | 468 |
collecting and exchanging of data. | 469 |
470 | |
471 | |
Section A. Bylaws | 472 |
The interstate commission, by a majority of the members | 473 |
present and voting and within twelve months after the first | 474 |
interstate commission meeting, shall adopt bylaws to govern its | 475 |
conduct as may be necessary or appropriate to carry out the | 476 |
purposes of this compact, including, but not limited to, bylaws | 477 |
that do all of the following: | 478 |
(1) Establish the fiscal year of the interstate commission; | 479 |
(2) Establish an executive committee and any other committees | 480 |
that may be necessary; | 481 |
(3) Provide for the establishment of committees governing any | 482 |
general or specific delegation of any authority or function of the | 483 |
interstate commission; | 484 |
(4) Provide reasonable procedures for calling and conducting | 485 |
meetings of the interstate commission and ensuring reasonable | 486 |
notice of each such meeting; | 487 |
(5) Establish the titles and responsibilities of the officers | 488 |
of the interstate commission; | 489 |
(6) Provide a mechanism for concluding the operations of the | 490 |
interstate commission and the return of any surplus funds that may | 491 |
exist upon the termination of this compact after the payment or | 492 |
reserving of all of its debts and obligations, or both; | 493 |
(7) Provide start-up rules for initial administration of this | 494 |
compact; | 495 |
(8) Establish standards and procedures for compliance and | 496 |
technical assistance in carrying out this compact. | 497 |
Section B. Officers and Staff | 498 |
(1) The interstate commission, by a majority of the members, | 499 |
shall elect annually from among its members a chairperson and a | 500 |
vice chairperson, each of whom shall have such authority and | 501 |
duties as may be specified in the interstate commission's bylaws. | 502 |
The chairperson or, in the chairperson's absence or disability, | 503 |
the vice chairperson shall preside at all meetings of the | 504 |
interstate commission. The officers so elected shall serve without | 505 |
compensation or remuneration from the interstate commission; | 506 |
provided that, subject to the availability of budgeted funds, the | 507 |
officers shall be reimbursed for any ordinary and necessary costs | 508 |
and expenses incurred by them in the performance of their duties | 509 |
and responsibilities as officers of the interstate commission. | 510 |
(2) The interstate commission, through its executive | 511 |
committee, shall appoint or retain an executive director for such | 512 |
period, upon such terms and conditions, and for such compensation | 513 |
as the interstate commission considers appropriate. The executive | 514 |
director shall serve as secretary to the interstate commission but | 515 |
shall not be a member of the interstate commission. The executive | 516 |
director shall hire and supervise such other staff as may be | 517 |
authorized by the interstate commission. | 518 |
Section C. Qualified Immunity, Defense, and Indemnification | 519 |
(1) Except as otherwise provided in this subsection, the | 520 |
interstate commission's executive director and each of its | 521 |
employees shall be immune from suit and liability, either | 522 |
personally or in the executive director's or employee's official | 523 |
capacity, for any claim for damage to or loss of property or | 524 |
personal injury or other civil liability caused or arising out of | 525 |
or relating to any actual or alleged act, error, or omission that | 526 |
occurred, or that the executive director or employee had a | 527 |
reasonable basis for believing occurred, within the scope of | 528 |
commission employment, duties, or responsibilities. The executive | 529 |
director or an employee shall not be protected from suit or | 530 |
liability for any damage, loss, injury, or liability caused by the | 531 |
executive director's or employee's willful and wanton misconduct | 532 |
of any such person. | 533 |
(2) The liability of any commissioner, or the employee or | 534 |
agent of a commissioner, acting within the scope of such person's | 535 |
employment or duties for acts, errors, or omissions occurring | 536 |
within such person's state may not exceed the limits of liability | 537 |
set forth under the constitution and laws of that state for state | 538 |
officials, employees, and agents. Nothing in this subsection shall | 539 |
be construed to protect any such person from suit or liability for | 540 |
any damage, loss, injury, or liability caused by the intentional | 541 |
or willful and wanton misconduct of any such person. | 542 |
(3) Except as otherwise provided in this subsection, the | 543 |
interstate commission shall defend the executive director or the | 544 |
employees or representatives of the interstate commission and, | 545 |
subject to the approval of the attorney general of the state | 546 |
represented by any commissioner of a compacting state, shall | 547 |
defend such commissioner or the commissioner's representatives or | 548 |
employees in any civil action seeking to impose liability arising | 549 |
out of any actual or alleged act, error, or omission that occurred | 550 |
within the scope of interstate commission employment, duties, or | 551 |
responsibilities, or that the defendant had a reasonable basis for | 552 |
believing occurred within the scope of interstate commission | 553 |
employment, duties, or responsibilities. The duty to defend | 554 |
described in this division does not apply if the actual or alleged | 555 |
act, error, or omission in question resulted from intentional or | 556 |
willful and wanton misconduct on the part of the executive | 557 |
director, employee, or representative of the interstate commission | 558 |
or the commissioner of a compacting state or the commissioner's | 559 |
representatives or employees. | 560 |
(4) Except as otherwise provided in this subsection, the | 561 |
interstate commission shall indemnify and hold the commissioner of | 562 |
a compacting state, or the commissioner's representatives or | 563 |
employees, or the interstate commission's representatives or | 564 |
employees, harmless in the amount of any settlement or judgment | 565 |
obtained against such persons arising out of any actual or alleged | 566 |
act, error, or omission that occurred within the scope of | 567 |
interstate commission employment, duties, or responsibilities, or | 568 |
that such persons had a reasonable basis for believing occurred | 569 |
within the scope of interstate commission employment, duties, or | 570 |
responsibilities. The duty to indemnify and hold harmless | 571 |
described in this division does not apply if the actual or alleged | 572 |
act, error, or omission in question resulted from intentional or | 573 |
willful and wanton misconduct on the part of the commissioner of a | 574 |
compacting state or the commissioner's representatives or | 575 |
employees or the interstate commission's representatives or | 576 |
employees. | 577 |
578 | |
(A) The interstate commission shall promulgate and publish | 579 |
rules in order to effectively and efficiently achieve the purposes | 580 |
of this compact. | 581 |
(B) Rulemaking shall occur pursuant to the criteria set forth | 582 |
in this Article and the bylaws and rules adopted pursuant thereto. | 583 |
The rulemaking shall substantially conform to the principles of | 584 |
the "Model State Administrative Procedures Act," 1981 Act, Uniform | 585 |
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative | 586 |
procedures act, as the interstate commission determines | 587 |
appropriate consistent with due process requirements under the | 588 |
United States Constitution as now or hereafter interpreted by the | 589 |
United States Supreme Court. All rules and amendments shall become | 590 |
binding as of the date specified, as published with the final | 591 |
version of the rule as approved by the interstate commission. | 592 |
(C) When promulgating a rule, the interstate commission, at a | 593 |
minimum, shall do all of the following: | 594 |
(1) Publish the proposed rule's entire text stating the | 595 |
reason or reasons for that proposed rule; | 596 |
(2) Allow and invite any and all persons to submit written | 597 |
data, facts, opinions, and arguments, which information shall be | 598 |
added to the record and be made publicly available; | 599 |
(3) Provide an opportunity for an informal hearing, if | 600 |
petitioned by ten or more persons; | 601 |
(4) Promulgate a final rule and its effective date, if | 602 |
appropriate, based on input from state or local officials, or | 603 |
interested parties. | 604 |
(D) When the interstate commission promulgates a rule, not | 605 |
later than sixty days after the rule is promulgated, any | 606 |
interested person may file a petition in the United States | 607 |
district court for the District of Columbia or in the federal | 608 |
district court where the interstate commission's principal office | 609 |
is located, for judicial review of the rule. If the court finds | 610 |
that the interstate commission's action is not supported by | 611 |
substantial evidence in the rulemaking record, the court shall | 612 |
hold the rule unlawful and set it aside. For purposes of this | 613 |
division, evidence is substantial if it would be considered | 614 |
substantial evidence under the "Model State Administrative | 615 |
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 | 616 |
(2000). | 617 |
(E) If a majority of the legislatures of the compacting | 618 |
states rejects a rule, those states, by enactment of a statute or | 619 |
resolution in the same manner used to adopt the compact, may cause | 620 |
that such rule shall have no further force and effect in any | 621 |
compacting state. | 622 |
(F) The existing rules governing the operation of the | 623 |
interstate compact on juveniles that is superseded by this compact | 624 |
shall be null and void twelve months after the first meeting of | 625 |
the interstate commission created under this compact. | 626 |
(G) Upon determination by the interstate commission that a | 627 |
state of emergency exists, it may promulgate an emergency rule. An | 628 |
emergency rule so promulgated shall become effective immediately | 629 |
upon adoption, provided that the usual rulemaking procedures | 630 |
specified in this Article shall be retroactively applied to the | 631 |
emergency rule as soon as reasonably possible, but not later than | 632 |
ninety days after the effective date of the emergency rule. | 633 |
634 | |
635 | |
A Oversight and Enforcement | 636 |
(1) The interstate commission shall oversee the | 637 |
administration and operations of the interstate movement of | 638 |
juveniles subject to this compact in the compacting states and | 639 |
shall monitor such activities being administered in noncompacting | 640 |
states that may significantly affect compacting states. | 641 |
(2) The courts and executive agencies in each compacting | 642 |
state shall enforce this compact and shall take all actions | 643 |
necessary and appropriate to effectuate this compact's purposes | 644 |
and intent. The provisions of this compact and the rules | 645 |
promulgated under it shall be received by all the judges, public | 646 |
officers, commissions, and departments of the state government as | 647 |
evidence of the authorized statute and administrative rules. All | 648 |
courts shall take judicial notice of the compact and the rules. In | 649 |
any judicial or administrative proceeding in a compacting state | 650 |
pertaining to the subject matter of this compact that may affect | 651 |
the powers, responsibilities, or actions of the interstate | 652 |
commission, the interstate commission shall be entitled to receive | 653 |
all service of process in the proceeding and shall have standing | 654 |
to intervene in the proceeding for all purposes. | 655 |
Section B. Dispute Resolution | 656 |
(1) The compacting states shall report to the interstate | 657 |
commission on all issues and activities necessary for the | 658 |
administration of this compact and on all issues and activities | 659 |
pertaining to compliance with the provisions of this compact and | 660 |
the interstate commission's bylaws and rules. | 661 |
(2) The interstate commission, upon the request of a | 662 |
compacting state, shall attempt to resolve any disputes or other | 663 |
issues that are subject to this compact and that may arise among | 664 |
compacting states and between compacting and non-compacting | 665 |
states. The interstate commission shall promulgate a rule | 666 |
providing for both mediation and binding dispute resolution for | 667 |
disputes among the compacting states. | 668 |
(3) The interstate commission, in the reasonable exercise of | 669 |
its discretion, shall enforce the provisions and rules of this | 670 |
compact using any or all means set forth in Article XI of this | 671 |
compact. | 672 |
673 | |
(A) The interstate commission shall pay or provide for the | 674 |
payment of the reasonable expenses of its establishment, | 675 |
organization, and ongoing activities. | 676 |
(B) The interstate commission shall levy on and collect an | 677 |
annual assessment from each compacting state to cover the cost of | 678 |
the internal operations and activities of the interstate | 679 |
commission and its staff. The annual assessment shall be in a | 680 |
total amount sufficient to cover the interstate commission's | 681 |
annual budget as approved each year. The aggregate annual | 682 |
assessment amount shall be allocated based upon a formula to be | 683 |
determined by the interstate commission, taking into consideration | 684 |
the population of each compacting state and the volume of | 685 |
interstate movement of juveniles in each compacting state. The | 686 |
interstate commission shall promulgate a rule binding upon all | 687 |
compacting states that governs the assessment. | 688 |
(C) The interstate commission shall not incur any obligations | 689 |
of any kind prior to securing the funds adequate to meet the | 690 |
obligations. The interstate commission shall not pledge the credit | 691 |
of any of the compacting states, except by and with the authority | 692 |
of the compacting state. | 693 |
(D) The interstate commission shall keep accurate accounts of | 694 |
all receipts and disbursements. The receipts and disbursements of | 695 |
the interstate commission shall be subject to the audit and | 696 |
accounting procedures established under its bylaws. However, all | 697 |
receipts and disbursements of funds handled by the interstate | 698 |
commission shall be audited yearly by a certified or licensed | 699 |
public accountant and the report of the audit shall be included in | 700 |
and become part of the annual report of the interstate commission. | 701 |
702 | |
Each compacting state shall create a state council for | 703 |
interstate juvenile supervision. While each compacting state may | 704 |
determine the membership of its own state council, its membership | 705 |
must include at least one representative from the legislative, | 706 |
judicial, and executive branches of government, victims groups, | 707 |
and the compact administrator or designee. Each compacting state | 708 |
retains the right to determine the qualifications of the compact | 709 |
administrator for the state. Each state council shall advise and | 710 |
may exercise oversight and advocacy concerning that state's | 711 |
participation in interstate commission activities and other duties | 712 |
as may be determined by that state, including but not limited to, | 713 |
development of policy concerning operations and procedures of the | 714 |
compact within that state. | 715 |
716 | |
(A) Any state, as defined in Article II of this compact, is | 717 |
eligible to become a compacting state. | 718 |
(B) This compact shall become effective and binding upon | 719 |
legislative enactment of the compact into law by no less than | 720 |
thirty-five of the states. The initial effective date shall be the | 721 |
later of July 1, 2004, or upon enactment into law by the | 722 |
thirty-fifth jurisdiction. Thereafter, this compact shall become | 723 |
effective and binding as to any other compacting state upon | 724 |
enactment of this compact into law by that state. The governors of | 725 |
non-compacting states or their designees shall be invited to | 726 |
participate in the activities of the interstate commission on a | 727 |
non-voting basis prior to adoption of this compact by all states. | 728 |
(C) The interstate commission may propose amendments to this | 729 |
compact for enactment by the compacting states. No amendment shall | 730 |
become effective and binding upon the interstate commission and | 731 |
the compacting states unless and until it is enacted into law by | 732 |
unanimous consent of the compacting states. | 733 |
734 | |
735 | |
Section A. Withdrawal | 736 |
(1) Once effective, this compact shall continue in force and | 737 |
remain binding upon each and every compacting state, provided that | 738 |
a compacting state may withdraw from this compact by specifically | 739 |
repealing the statute that enacted this compact into law. | 740 |
(2) The effective date of withdrawal of a compacting state is | 741 |
the effective date of the state's repeal of the statute that | 742 |
enacted this compact into law. | 743 |
(3) A compacting state that withdraws from this compact shall | 744 |
immediately notify the chairperson of the interstate commission in | 745 |
writing upon the introduction of legislation repealing this | 746 |
compact in the withdrawing state. The interstate commission shall | 747 |
notify the other compacting states of the withdrawing state's | 748 |
intent to withdraw within sixty days of the interstate | 749 |
commission's receipt of the notice from the withdrawing state. | 750 |
(4) A compacting state that withdraws from this compact is | 751 |
responsible for all assessments, obligations, and liabilities | 752 |
incurred through the effective date of withdrawal, including any | 753 |
obligations, the performance of which extend beyond the effective | 754 |
date of withdrawal. | 755 |
(5) If a compacting state withdraws from this compact, | 756 |
reinstatement of the withdrawing state following withdrawal shall | 757 |
occur upon the withdrawing state reenacting this compact or upon | 758 |
such later date as determined by the interstate commission. | 759 |
Section B. Technical Assistance, Fines, Suspension, | 760 |
Termination, and Default | 761 |
(1) If the interstate commission determines that any | 762 |
compacting state has at any time defaulted in the performance of | 763 |
any of its obligations or responsibilities under this compact, or | 764 |
under the interstate commission's bylaws or duly promulgated | 765 |
rules, the interstate commission may impose one or more of the | 766 |
following penalties: | 767 |
(a) Remedial training and technical assistance as directed by | 768 |
the interstate commission; | 769 |
(b) Alternative dispute resolution; | 770 |
(c) Fines, fees, and costs in such amounts as are deemed to | 771 |
be reasonable as fixed by the interstate commission; | 772 |
(d) Suspension or termination of membership in this compact, | 773 |
provided that suspension or termination of membership shall be | 774 |
imposed only after all other reasonable means of securing | 775 |
compliance under the bylaws and rules have been exhausted and the | 776 |
interstate commission has therefore determined that the offending | 777 |
state is in default. Immediate notice of suspension shall be given | 778 |
by the interstate commission to the governor of the defaulting | 779 |
state, its chief justice or the chief judicial officer, the | 780 |
majority and minority leaders of its state legislature, and the | 781 |
state council for interstate juvenile supervision. The grounds for | 782 |
default include, but are not limited to, failure of a compacting | 783 |
state to perform such obligations or responsibilities imposed upon | 784 |
it by this compact, by the interstate commission's bylaws, or by | 785 |
its duly promulgated rules, and any other grounds designated in | 786 |
commission bylaws and rules. The interstate commission shall | 787 |
immediately notify the defaulting state in writing of the penalty | 788 |
imposed by the interstate commission and of the default pending a | 789 |
cure of the default. The interstate commission shall stipulate the | 790 |
conditions and the time period within which the defaulting state | 791 |
must cure its default. If the defaulting state fails to cure the | 792 |
default within the time period specified by the interstate | 793 |
commission, the defaulting state shall be terminated from this | 794 |
compact upon an affirmative vote of a majority of the compacting | 795 |
states and all rights, privileges, and benefits conferred by this | 796 |
compact shall be terminated from the effective date of | 797 |
termination. | 798 |
(2) Within sixty days of the effective date of termination of | 799 |
a defaulting compacting state, the interstate commission shall | 800 |
notify the defaulting state's governor, its chief justice or chief | 801 |
judicial officer, the majority and minority leaders of its state | 802 |
legislature, and the state council for interstate juvenile | 803 |
supervision of the termination. | 804 |
(3) A defaulting compacting state is responsible for all | 805 |
assessments, obligations, and liabilities incurred through the | 806 |
effective date of termination, including any obligations the | 807 |
performance of which extends beyond the effective date of | 808 |
termination. | 809 |
(4) The interstate commission shall not bear any costs | 810 |
relating to a defaulting compacting state unless otherwise | 811 |
mutually agreed upon in writing between the interstate commission | 812 |
and the defaulting state. | 813 |
(5) If a defaulting compacting state is terminated, | 814 |
reinstatement of the defaulting state following termination | 815 |
requires both a reenactment of the compact by the defaulting state | 816 |
and the approval of the interstate commission pursuant to its | 817 |
rules. | 818 |
Section C. Judicial Enforcement | 819 |
The interstate commission, by majority vote of the members, | 820 |
may initiate legal action against any compacting state to enforce | 821 |
compliance with the provisions of this compact, and the interstate | 822 |
commission's duly promulgated rules and bylaws. Any such action, | 823 |
if initiated, shall be initiated in the United States district | 824 |
court for the District of Columbia or, at the discretion of the | 825 |
interstate commission, in the federal district where the | 826 |
interstate commission has its offices. In the event judicial | 827 |
enforcement is necessary, the prevailing party shall be awarded | 828 |
all costs of the litigation including reasonable attorney's fees. | 829 |
D Dissolution of Compact | 830 |
(1) This compact dissolves effective upon the date of the | 831 |
withdrawal or default of the compacting state, which reduces | 832 |
membership in this compact to one compacting state. | 833 |
(2) Upon the dissolution of this compact, the compact becomes | 834 |
null and void and shall be of no further force or effect, the | 835 |
business and affairs of the interstate commission shall be | 836 |
concluded, and any surplus funds shall be distributed in | 837 |
accordance with the interstate commission's bylaws. | 838 |
Article XII – Severability and Construction | 839 |
(A) The provisions of this compact shall be severable, and if | 840 |
any phrase, clause, sentence, or provision is deemed | 841 |
unenforceable, the remaining provisions of the compact shall be | 842 |
enforceable. | 843 |
(B) The provisions of this compact shall be liberally | 844 |
construed to effectuate its purposes. | 845 |
846 | |
Section A. Other Laws | 847 |
(1) Nothing in this compact prevents the enforcement of any | 848 |
other law of a compacting state that is not inconsistent with this | 849 |
compact. | 850 |
(2) All compacting states' laws, other than state | 851 |
constitutions and other interstate compacts, conflicting with this | 852 |
compact are superseded to the extent of the conflict. | 853 |
Section B. Binding Effect of the Compact | 854 |
(1) All lawful actions of the interstate commission, | 855 |
including all rules and bylaws promulgated by the interstate | 856 |
commission, are binding upon the compacting states. | 857 |
(2) All agreements between the interstate commission and the | 858 |
compacting states are binding in accordance with their terms. | 859 |
(3) Upon the request of a party to a conflict over the | 860 |
meaning or interpretation of interstate commission actions, and | 861 |
upon a majority vote of the compacting states, the interstate | 862 |
commission may issue advisory opinions regarding that meaning or | 863 |
interpretation. | 864 |
(4) In the event any provision of this compact exceeds the | 865 |
constitutional limits imposed on the legislature of any compacting | 866 |
state, the obligations, duties, powers, or jurisdiction sought to | 867 |
be conferred by that provision upon the interstate commission | 868 |
shall be ineffective and such obligations, duties, powers, or | 869 |
jurisdiction shall remain in the compacting state and shall be | 870 |
exercised by the agency of that state to which such obligations, | 871 |
duties, powers, or jurisdiction are delegated by law in effect at | 872 |
the time this compact becomes effective. | 873 |
874 | |
The state agency responsible for administering this compact | 875 |
shall have the legal authority to recoup fines, fees and costs | 876 |
imposed by the interstate commission as stated in Article XI, | 877 |
Section B, Subsection (1)(c) of this compact when the default in | 878 |
performance is the result of a decision made by an entity outside | 879 |
the jurisdiction of the agency administering this compact. | 880 |
Sec. 2151.57. (A) As used in sections 2151.57 to 2151.59 of | 881 |
the Revised Code: | 882 |
(1) "Interstate compact for juveniles" means the interstate | 883 |
compact for juveniles ratified, enacted into law, and entered into | 884 |
by this state pursuant to section 2151.56 of the Revised Code. | 885 |
(2) "Bylaws," "commissioner," "compact administrator," and | 886 |
"interstate commission for juveniles" have the same meanings as in | 887 |
section 2151.56 of the Revised Code. | 888 |
(B) The state council for interstate juvenile supervision is | 889 |
hereby established within the department of youth services. The | 890 |
council shall consist of the following members: | 891 |
(1) One member who is the compact administrator or the | 892 |
designee of the compact administrator; | 893 |
(2) One member of the house of representatives appointed by | 894 |
the speaker of the house of representatives; | 895 |
(3) One member of the senate appointed by the president of | 896 |
the senate; | 897 |
(4) One member who is a representative of the executive | 898 |
branch of state government, in addition to the member described in | 899 |
division (B)(1) of this section, appointed by the governor; | 900 |
(5) One member who is a representative of the judiciary, who | 901 |
shall be a juvenile court judge appointed by the chief justice of | 902 |
the supreme court; | 903 |
(6) One member who is a person who represents an organization | 904 |
that advocates for the rights of victims of crime or a delinquent | 905 |
act, appointed by the governor. | 906 |
(C) The state council for interstate juvenile supervision | 907 |
shall advise and may exercise oversight and advocacy concerning | 908 |
this state's participation in activities of the interstate | 909 |
commission for juveniles, shall develop policy for this state | 910 |
concerning operations and procedures of the interstate compact for | 911 |
juveniles within this state, and shall perform other duties | 912 |
assigned to state councils under that compact. | 913 |
Sec. 2151.58. (A) The governor shall appoint the director of | 914 |
youth services as the compact administrator for the interstate | 915 |
compact for juveniles. | 916 |
(B) The governor shall appoint the compact administrator or | 917 |
shall allow the compact administrator to appoint a designee to | 918 |
serve as the commissioner from this state on the interstate | 919 |
commission for juveniles. | 920 |
Sec. 2151.59. (A) The department of youth services is the | 921 |
state agency responsible for administering the interstate compact | 922 |
for juveniles in this state. | 923 |
(B) The department of youth services shall pay all of the | 924 |
following: | 925 |
(1) The annual assessment charged to this state for | 926 |
participating in the interstate compact for juveniles; | 927 |
(2) All fines, fees, or costs assessed against this state by | 928 |
the interstate commission for juveniles for any default in the | 929 |
performance of this state's obligations or responsibilities under | 930 |
the compact, the bylaws, or rules duly promulgated under the | 931 |
compact. | 932 |
Sec. 2152.26. (A) Except as provided in divisions (B) and | 933 |
(F) of this section, a child alleged to be or adjudicated a | 934 |
delinquent child or a juvenile traffic offender may be held only | 935 |
in the following places: | 936 |
(1) A certified foster home or a home approved by the court; | 937 |
(2) A facility operated by a certified child welfare agency; | 938 |
(3) Any other suitable place designated by the court. | 939 |
(B) In addition to the places listed in division (A) of this | 940 |
section, a child alleged to be or adjudicated a delinquent child | 941 |
may be held in a detention facility for delinquent children that | 942 |
is under the direction or supervision of the court or other public | 943 |
authority or of a private agency and approved by the court and a | 944 |
child adjudicated a delinquent child may be held in accordance | 945 |
with division (F)(2) of this section in a facility of a type | 946 |
specified in that division. Division (B) of this section does not | 947 |
apply to a child alleged to be or adjudicated a delinquent child | 948 |
for chronic truancy, unless the child violated a lawful court | 949 |
order made pursuant to division (A)(6) of section 2152.19 of the | 950 |
Revised Code. Division (B) of this section also does not apply to | 951 |
a child alleged to be or adjudicated a delinquent child for being | 952 |
an habitual truant who previously has been adjudicated an unruly | 953 |
child for being an habitual truant, unless the child violated a | 954 |
lawful court order made pursuant to division (C)(1)(e) of section | 955 |
2151.354 of the Revised Code. | 956 |
(C)(1) Except as provided under division (C)(1) of section | 957 |
2151.311 of the Revised Code or division (A)(5) of section 2152.21 | 958 |
of the Revised Code, a child alleged to be or adjudicated a | 959 |
juvenile traffic offender may not be held in any of the following | 960 |
facilities: | 961 |
(a) A state correctional institution, county, multicounty, or | 962 |
municipal jail or workhouse, or other place in which an adult | 963 |
convicted of crime, under arrest, or charged with a crime is held. | 964 |
(b) A secure correctional facility. | 965 |
(2) Except as provided under this section, sections 2151.56 | 966 |
to | 967 |
2152.21 of the Revised Code, a child alleged to be or adjudicated | 968 |
a juvenile traffic offender may not be held for more than | 969 |
twenty-four hours in a detention facility. | 970 |
(D) Except as provided in division (F) of this section or in | 971 |
division (C) of section 2151.311, in division (C)(2) of section | 972 |
5139.06 and section 5120.162, or in division (B) of section | 973 |
5120.16 of the Revised Code, a child who is alleged to be or is | 974 |
adjudicated a delinquent child may not be held in a state | 975 |
correctional institution, county, multicounty, or municipal jail | 976 |
or workhouse, or other place where an adult convicted of crime, | 977 |
under arrest, or charged with crime is held. | 978 |
(E) Unless the detention is pursuant to division (F) of this | 979 |
section or division (C) of section 2151.311, division (C)(2) of | 980 |
section 5139.06 and section 5120.162, or division (B) of section | 981 |
5120.16 of the Revised Code, the official in charge of the | 982 |
institution, jail, workhouse, or other facility shall inform the | 983 |
court immediately when a child, who is or appears to be under the | 984 |
age of eighteen years, is received at the facility, and shall | 985 |
deliver the child to the court upon request or transfer the child | 986 |
to a detention facility designated by the court. | 987 |
(F)(1) If a case is transferred to another court for criminal | 988 |
prosecution pursuant to section 2152.12 of the Revised Code, the | 989 |
child may be transferred for detention pending the criminal | 990 |
prosecution in a jail or other facility in accordance with the law | 991 |
governing the detention of persons charged with crime. Any child | 992 |
so held shall be confined in a manner that keeps the child beyond | 993 |
the range of touch of all adult detainees. The child shall be | 994 |
supervised at all times during the detention. | 995 |
(2) If a person is adjudicated a delinquent child or juvenile | 996 |
traffic offender and the court makes a disposition of the person | 997 |
under this chapter, at any time after the person attains eighteen | 998 |
years of age, the person may be held under that disposition in | 999 |
places other than those specified in division (A) of this section, | 1000 |
including, but not limited to, a county, multicounty, or municipal | 1001 |
jail or workhouse, or other place where an adult convicted of | 1002 |
crime, under arrest, or charged with crime is held. | 1003 |
(3)(a) A person alleged to be a delinquent child may be held | 1004 |
in places other than those specified in division (A) of this | 1005 |
section, including, but not limited to, a county, multicounty, or | 1006 |
municipal jail, if the delinquent act that the child allegedly | 1007 |
committed would be a felony if committed by an adult, and if | 1008 |
either of the following applies: | 1009 |
(i) The person attains eighteen years of age before the | 1010 |
person is arrested or apprehended for that act. | 1011 |
(ii) The person is arrested or apprehended for that act | 1012 |
before the person attains eighteen years of age, but the person | 1013 |
attains eighteen years of age before the court orders a | 1014 |
disposition in the case. | 1015 |
(b) If, pursuant to division (F)(3)(a) of this section, a | 1016 |
person is held in a place other than a place specified in division | 1017 |
(A) of this section, the person has the same rights to bail as an | 1018 |
adult charged with the same offense who is confined in a jail | 1019 |
pending trial. | 1020 |
Section 2. That existing sections 2151.312, 2151.354, and | 1021 |
2152.26 and sections 2151.56, 2151.57, 2151.58, 2151.59, 2151.60, | 1022 |
and 2151.61 of the Revised Code are hereby repealed. | 1023 |
Section 3. Upon the effective date of this act, the versions | 1024 |
of sections 2151.56, 2151.57, 2151.58, and 2151.59 of the Revised | 1025 |
Code enacted in Section 1 of this act will replace the versions of | 1026 |
those sections, and the versions of sections 2151.60 and 2151.61 | 1027 |
of the Revised Code, in effect on the day immediately preceding | 1028 |
the effective date of this act. | 1029 |
Section 4. This act is hereby declared to be an emergency | 1030 |
measure necessary for the immediate preservation of the public | 1031 |
peace, health, and safety. The reason for such necessity is that | 1032 |
Ohio is one of only five states that have not yet enacted the | 1033 |
Interstate Compact for Juveniles, which in most states has | 1034 |
replaced the Interstate Compact on Juveniles. The rule that allows | 1035 |
Ohio to cooperate with the member states of the new compact in the | 1036 |
supervision of delinquent youth and the return of escapees, | 1037 |
absconders, and runaways will expire on June 30, 2011. It is | 1038 |
imperative that this act take effect by that date. Therefore, this | 1039 |
act shall go into immediate effect. | 1040 |