As Reported by the House Judiciary and Ethics Committee

129th General Assembly Regular Session 2011-2012

S. B. No. 122

Senator Oelslager 

Cosponsors: Senators Wagoner, Seitz, Tavares, Kearney, Bacon, Coley, Daniels, Gillmor, Hite, Hughes, Lehner, Manning, Patton, Smith, Turner 

Representatives Letson, Bubp, Murray, Okey, Szollosi, Stinziano, Mecklenborg, Stebelton, Huffman, Slaby 

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A BILL

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

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

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 2151.262151.27 to	30
2151.612151.59 of the Revised Code and division (B)(3) of this	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 2151.61	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 2151.612151.59 of the Revised Code.	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

INTERSTATE COMPACT FOR JUVENILES	146

Article I -- Purpose	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

Article II -- Definitions	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

Article III -- Interstate Commission for Juveniles	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

Article IV -- Powers and Duties of the Interstate Commission	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

Article V -- Organization and Operation of the Interstate	470
Commission	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

Article VI -- Rulemaking Functions of the Interstate Commission	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

Article VII -- Oversight, Enforcement, and Dispute Resolution by	634
the Interstate Commission	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

Article VIII -- Finance	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

Article IX -- The State Council	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

Article X – Compacting States, Effective Date, and Amendment	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

Article XI – Withdrawal, Default, Termination, and Judicial	734
Enforcement	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

Article XIII – Binding Effect of Compact and Other Laws	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

Article XIV – Financial Reimbursement	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 2151.612151.59, and divisions (A)(5) and (6) of section	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