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(122nd General Assembly)(Amended Substitute House Bill Number 1)
AN ACT
To amend sections 109.801, 181.26, 2151.312, 2151.355, 2151.38, 5139.01,
5139.04,
5139.05, 5139.06, 5139.07, 5139.08, 5139.18, 5139.20,
5139.35, 5139.38, and 5139.43 and to
enact sections 5139.50 to
5139.56 of the Revised Code to create a Release Authority in
the Department of Youth Services to grant releases
to certain children
committed to the Department, to establish a procedure for the
judicial release of certain children in the Department's
custody, to establish an Office of Victims'
Services in the
Release Authority, and to extend, from September 1, 1997, until September 1,
1998, the date by which the State Criminal Sentencing Commission must submit
to the General Assembly a report containing certain recommendations related to
juvenile justice and changes in juvenile justice law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 109.801, 181.26, 2151.312, 2151.355, 2151.38,
5139.01,
5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 5139.18, 5139.20,
5139.35, 5139.38, and 5139.43 be amended and sections
5139.50, 5139.51, 5139.52, 5139.53, 5139.54, 5139.55, and
5139.56 of the Revised Code be enacted to read as follows:
Sec. 109.801. (A)(1) Each year the following persons
shall successfully complete a firearms requalification program
approved by the executive director of the Ohio peace officer
training commission in accordance with rules adopted by
the attorney
general pursuant to section 109.743 of the Revised Code: any
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, chief of police or member of an organized police
department of a municipal corporation or township, chief of
police or member of a township police district police force,
superintendent of the state highway patrol, state highway patrol
trooper, or chief of police of a university or college police
department or state university law enforcement officer appointed
under section 3345.04 of the Revised Code,; any parole or
probation
officer who carries a firearm in the course of official
duties, or; any employee of the department of natural
resources who is
a park officer, forest officer, preserve officer, wildlife
officer, or state watercraft officer who carries a firearm in the
course of official duties; or any employee of the department of
youth services who is designated pursuant to division (A)(2) of
section 5139.53 Of the Revised Code as being authorized to carry a firearm while on duty as
described in that division. (2) No person listed in division (A)(1) of this section
shall carry a firearm during the course of official duties
if the person does
not comply with division (A)(1) of this section. (B) The hours that a sheriff spends attending a firearms
requalification program required by division (A) of this section
are in addition to the sixteen hours of continuing education that
are required by division (E) of section 311.01 of the Revised
Code. (C) As used in this section, "firearm" has the same
meaning as in section 2923.11 of the Revised Code. Sec. 181.26. (A) In addition to its duties set forth in sections
181.23 to 181.25 of the Revised Code, the state criminal sentencing commission
shall do all of the following: (1) Review all statutes governing delinquent child, unruly child, and
juvenile traffic offender dispositions in this state; (2) Review state and local resources, including facilities and programs,
used for delinquent child, unruly child, and juvenile traffic offender
dispositions and profile the populations of youthful offenders in the
facilities and programs; (3) Report to the general assembly no later than September 1,
1997 1998, a comprehensive plan containing recommendations
based on the reviews
required under divisions (A)(1) and (2) of this section. The
recommendations shall do all of the following: (a) Assist in the managing of the number of persons in, and costs
of, the facilities, the programs, and other resources used in delinquent
child, unruly child,
and juvenile traffic offender dispositions; (b) Foster rehabilitation, public safety, sanctions,
accountability, and other reasonable goals; (c) Provide greater certainty, proportionality, uniformity,
fairness, and simplicity in delinquent child, unruly child, and juvenile
traffic offender dispositions while retaining reasonable judicial discretion; (d) Provide for the restoration of victims of juvenile offenses. (B) The commission shall project the impact of the comprehensive
plan recommended by the commission under this section on state and local
resources used in delinquent child, unruly child, and juvenile traffic
offender dispositions. The commission shall determine whether any additional
facilities, programs, or other resources are needed to implement the
comprehensive plan. (C) If the general assembly enacts all or a substantial part of
the comprehensive plan recommended by the commission under this section, the
commission shall do all of the following: (1) Assist in the implementation of the enacted plan; (2) Monitor the operation of the plan, periodically report to the general
assembly on the plan's operation and the plan's impact on resources used in
delinquent child, unruly child, and juvenile traffic offender dispositions,
and periodically recommend changes in the plan to the general assembly based
on this monitoring; (3) Review all bills that are introduced in the general assembly that
relate to delinquent child, unruly child, and juvenile traffic offender
dispositions and assist the general assembly in making legislation consistent
with the plan. Sec. 2151.312. (A) Except as provided in divisions (B)
and (F) of this section, a child alleged to be or adjudicated a delinquent
child, an unruly child, or a juvenile traffic offender may be
held only in the following places: (1) A certified family foster home or a home approved by
the court; (2) A facility operated by a certified child welfare
agency; (3) Any other suitable place designated by the court. (B) In addition to the places listed in division (A) of
this section, a child alleged to be or adjudicated a delinquent child may be
held in a detention home or center for delinquent children that is under the
direction or supervision of the court or other public authority or of a
private agency and approved by the court. (C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(6) of section 2151.356 of the
Revised Code, a child
alleged to be or adjudicated a neglected child, an abused child, a dependent
child, an unruly child, or a juvenile traffic offender may not be held in any
of the following facilities: (a) A state correctional institution, county,
multicounty, or
municipal jail or workhouse, or other place in which an adult convicted of
crime, under arrest, or charged with a crime is held. (b) A secure correctional facility. (2) Except as provided under sections 2151.56 to 2151.61 and division
(A)(6) of section 2151.356 of the Revised Code and division (C)(3) of this
section, a child alleged to be or adjudicated an unruly child or a juvenile
traffic offender may not be held for more than twenty-four hours in a
detention home. A child alleged to be or adjudicated a neglected child, an
abused child, or a dependent child shall not be held in a detention home. (3) A child who is alleged to be or who is adjudicated an unruly child and
who is taken into custody on a Saturday,
Sunday, or legal holiday, as listed in section 1.14 of the Revised Code, may
be held in a detention home until the next succeeding day that is not a
Saturday, Sunday, or legal holiday. (D) Except as provided in division (C)(F) of this section or
in division (C) of section 2151.311, in division (C)(3)(2) of
section 5139.06 and
section 5120.162, or in division (B) of section 5120.16 of
the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child may not be held in a state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place where an adult convicted of crime,
under arrest, or charged with crime is held. (E) Unless the detention is pursuant to division (C)(F) of
this section or division (C) of
section 2151.311, division (C)(3)(2) of section 5139.06 and
section
5120.162, or division (B) of section 5120.16 of the Revised Code, the official
in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, who is or appears to be under the
age of eighteen years, is received at the facility, and shall
deliver the child to the court upon request or transfer the child to a
detention facility designated by the court. (F) If a case is transferred to another court for criminal
prosecution pursuant to section 2151.26 of the Revised Code, the
child may be transferred for detention pending the criminal
prosecution in a jail or other facility in accordance with the
law governing the detention of persons charged with crime. Any
child so held shall be confined in a manner that keeps the child beyond the
range of touch of all adult detainees. The child shall
be supervised at all times during the detention. Sec. 2151.355. (A) If a child is adjudicated a delinquent child, the court
may make any of the following orders of disposition: (1) Any order that is authorized by section 2151.353 of
the Revised Code; (2) Place the child on probation under any conditions that
the court prescribes. If the child is adjudicated a delinquent
child for violating section 2909.05, 2909.06, or 2909.07 of
the Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to
make restitution for the property damage caused by the child's
violation
as a condition of the child's probation. If the child is
adjudicated a delinquent child because the child violated any other
section of the Revised Code, the court may require the child as a
condition of the child's probation to make restitution for the property
damage caused by the child's violation and for the value of the
property that was the subject of the violation the child committed if it would
be a theft offense, as defined in division (K) of section 2913.01
of the Revised Code, if committed by an adult. The restitution
may be in the form of a cash reimbursement paid in a lump sum or
in installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim approximately equal to
the value of the property damage caused by the child's violation or
to the value of the property that is the subject of the violation if
it would be a theft offense if committed by an adult, the
performance of community service or community work, any other
form of restitution devised by the court, or any combination of
the previously described forms of restitution. If the child is adjudicated a delinquent child for violating a law of
this state or the United States, or an ordinance or
regulation of a political subdivision of this state, that would be a crime if
committed by an adult or for
violating division (A) of section 2923.211 of the Revised Code, the court,
in addition to all
other required or permissive conditions of probation that
the court imposes upon the
delinquent child pursuant to division (A)(2) of this section,
shall require the child as a condition of the child's probation
to abide by the law during the period of probation, including, but not limited
to, complying with the provisions of
Chapter 2923. of the Revised Code relating to
the possession, sale, furnishing, transfer, disposition, purchase,
acquisition, carrying, conveying, or use of, or other conduct involving a
firearm or dangerous ordnance, as
defined in section 2923.11 of the Revised Code. (3) Commit the child to the temporary custody of any
school, camp, institution, or other facility operated for the care of
delinquent children by the
county, by a district organized under section 2151.34 or 2151.65
of the Revised Code, or by a private agency or organization,
within or without the state, that is authorized and qualified to
provide the care, treatment, or placement required; (4) If the child is adjudicated a delinquent child for
committing an act that would be a felony of the third, fourth, or fifth degree
if
committed by an adult or for violating division (A) of section 2923.211 of the
Revised Code, commit the child to the legal custody of
the department of youth services for institutionalization for an
indefinite term consisting of a minimum period of six months and
a maximum period not to exceed the child's attainment of twenty-one years of
age; (5)(a) If the child is adjudicated a delinquent child for
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or division
(A) of section 2903.04 of the Revised Code or for
violating any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the
sexual conduct or insertion involved was consensual and when the victim of the
violation of division (A)(1)(b) of that section
was older than the delinquent child, was the same age as the
delinquent child, or was less than three years younger than the
delinquent child, commit the child to
the legal custody of the department of youth
services for institutionalization in a secure facility for an indefinite term
consisting of a minimum period of one to three years, as prescribed by the
court, and a maximum period not to exceed the child's attainment of twenty-one
years of age; (b) If the child is adjudicated a delinquent
child for violating section 2923.02 of the Revised Code and
if the violation involves an attempt to commit a violation of section 2903.01
or 2903.02 of the Revised Code, commit the child to
the legal custody of the department of youth services for institutionalization
in a secure facility for an indefinite term consisting of a minimum period of
six to seven years, as prescribed by the court, and a maximum period not to
exceed the child's attainment of twenty-one years of age; (c) If the child is adjudicated a delinquent child for committing an act that
is not described in division (A)(5)(a) or (b) of this section and that
would be a felony of the first or second degree if committed
by an adult, commit the child to the legal custody
of the department of youth services for institutionalization in a
secure facility for an indefinite term consisting of a minimum
period of one year and a maximum period not to exceed the child's
attainment of twenty-one years of age;. (6) If the child is adjudicated a delinquent child for
committing a violation of section 2903.01 or 2903.02 of the Revised Code,
commit the child to
the legal custody of the department of youth services for
institutionalization in a secure facility until the child's
attainment of twenty-one years of age; (7)(a) If the child is adjudicated a delinquent
child for committing an act,
other than a violation of section 2923.12 of the Revised Code, that would be a
felony if committed by an adult and is committed to the legal
custody of the department of youth services pursuant to division
(A)(4), (5), or (6) of this section and if the
court determines that the child, if the child was an adult, would be guilty of
a specification of the type set forth in section
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code in relation to
the act for which the child was adjudicated a delinquent child, commit the
child to the legal custody of the department of youth services for
institutionalization in a secure facility for the following period of time,
subject to division (A)(7)(b) of this section: (i) If the child would be guilty of a specification of the
type set forth in section 2941.141 of the Revised Code, a period
of one year; (ii) If the child would be guilty of a specification of the type
set forth in section 2941.144, 2941.145, or 2941.146 of the Revised Code, a
period of three years. (b) The court shall not
commit a child to the legal custody of the department of youth services
pursuant to division (A)(7)(a) of this section for a period of time
that exceeds three years. The period of
commitment imposed pursuant to division (A)(7)(a) of this
section shall be in addition to, and shall be served consecutively with and
prior to, a period of commitment ordered pursuant to division
(A)(4), (5), or (6) of this section, provided that the total of all
the periods of commitment shall not exceed the child's attainment of
twenty-one years of age. (8)(a) Impose a fine and costs in accordance with
the schedule set forth in section 2151.3512 of the Revised Code; (b) Require the child to make restitution for all or part
of the property damage caused by the child's delinquent act and for
all or part of the value of the property that was the subject of any
delinquent act the child committed that would be a theft
offense, as defined in division (K) of section 2913.01 of the
Revised Code, if committed by an adult. If the court determines
that the victim of the child's delinquent act was sixty-five
years of age or older or permanently and totally disabled at the
time of the commission of the act, the court, regardless of
whether or not the child knew the age of the victim, shall consider
that fact in favor of imposing restitution, but that fact shall
not control the decision of the court. The restitution may be in
the form of a cash reimbursement paid in a lump sum or in
installments, the performance of repair work to restore any
damaged property to its original condition, the performance of a
reasonable amount of labor for the victim, the performance of
community service or community work, any other form of
restitution devised by the court, or any combination of the
previously described forms of restitution. (9) Subject to division (D) of this section,
suspend or revoke the driver's license or temporary
instruction permit issued to the child or suspend or revoke the
registration of all motor vehicles registered in the name of the
child; (10) If the child is adjudicated a delinquent child for
committing an act that, if committed by an
adult, would be a criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code, impose a period of electronically monitored house
detention in accordance with division (I) of this section
that
does not exceed the maximum sentence of imprisonment that could
be imposed upon an adult who commits the same act; (11) Commit the child to the temporary or permanent custody of the court; (12) Make any further disposition that the court finds
proper, except that the child shall not be placed in any state
correctional institution, county, multicounty, or municipal jail
or workhouse, or any other place in which an adult convicted of a crime, under
arrest, or charged with a crime is held. (B)(1) If a child is adjudicated a delinquent
child for violating section 2923.32 of the Revised Code,
the court, in addition to any order of disposition it makes for
the child under division (A) of this section, shall enter an
order of criminal forfeiture against the child, in accordance
with divisions (B)(3), (4), (5), and (6) and (C) to
(F) of section 2923.32 of the Revised Code. (2) If a child is adjudicated a delinquent child
for committing two or more acts that would be felonies if committed by an
adult and if the court entering the delinquent child adjudication orders the
commitment of the child, for two or more of those acts,
to the legal custody of the department of youth services for
institutionalization or institutionalization in a secure facility pursuant to
division (A)(4), (5), or (6) of this section,
the court may order that all of the periods of commitment imposed under
those
divisions for those acts be served consecutively in the legal
custody of the department of youth services and, if applicable, be in
addition to and commence immediately following the expiration of a
period of commitment that the court imposes pursuant to division
(A)(7) of this section. A court shall not commit a delinquent child
to the legal custody of the department of youth services
under division (B)(2) of this section for a
period that exceeds the child's attainment of twenty-one years of age. (C) If a child is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be
a drug abuse offense, as defined in section 2925.01 of the
Revised Code, or for violating division (B) of section 2917.11
of the Revised Code, in addition to imposing in its
discretion any other order of disposition authorized by this
section, the court shall do both of the following: (1) Require the child to participate in a drug abuse or
alcohol abuse counseling program; (2) Suspend or revoke the temporary instruction permit or
probationary operator's license issued to the child until the
child attains eighteen years of age or attends, at the
discretion of the court, and satisfactorily completes, a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. During the time the child is
attending the program, the court shall retain any temporary
instruction permit or probationary license issued to the child, and the court
shall return the permit or license when the child satisfactorily completes the
program. (D) If a child is adjudicated a delinquent child
for violating section 2923.122 of the Revised Code, the court, in addition to
any order of
disposition it makes for the child under division (A), (B),
or (C) of this
section, shall revoke the temporary instruction permit and deny the child the
issuance of another temporary instruction permit in accordance with
division (E)(1)(b) of section 2923.122 of the Revised Code or shall
suspend the
probationary driver's
license, restricted license, or nonresident operating privilege of the child
or deny the child the issuance of
a probationary driver's license, restricted license, or temporary
instruction permit in accordance with division
(E)(1)(a), (c), (d), or (e) of section 2923.122 of the Revised Code. (E)(1) At the dispositional hearing and prior to making any
disposition pursuant to division (A) of this section, the court
shall determine whether a victim of the delinquent act
committed by the child was five years of age or younger at the time the
delinquent act was committed, whether a victim of the delinquent act sustained
physical harm to the victim's person during the commission of or otherwise as
a result of the delinquent act, whether a victim of the delinquent act
was sixty-five years of age or older or
permanently and totally disabled at the time the delinquent act
was committed, and whether the delinquent act would have been an
offense of violence if committed by an adult. If the victim was
five years of age or younger at the time the delinquent act was committed,
sustained physical harm to the victim's person during the commission of or
otherwise as a result of the delinquent act, or was sixty-five years of age or
older or permanently and totally
disabled at the time the act was committed, regardless of whether
the child knew the age of the victim, and if the act would
have been an offense of violence if committed by an adult, the
court shall consider those facts in favor of imposing commitment
under division (A)(3), (4), (5), or (6) of this section, but
those facts shall not control the court's decision. (2) At the dispositional hearing and prior to making any
disposition pursuant to division (A)(4), (5), or (6) of this section,
the court shall determine whether the delinquent child previously has been
adjudicated a delinquent child for a violation of a law or ordinance. If the
delinquent child previously has been adjudicated a delinquent child for
a violation of a law or ordinance, the court, for purposes of
entering an order of disposition for the delinquent child under this
section, shall consider the previous
delinquent child adjudication as a conviction of a violation
of the law or ordinance in determining the degree of offense the current
delinquent act would be had it been committed by an adult. (F)(1) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to this
section, the court shall not designate the specific institution
in which the department is to place the child but instead
shall specify that the child is to be institutionalized or that
the institutionalization is to be in a secure facility if that is
required by division (A) of this section. (2) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
provide the department with the child's social history, the
child's medical records, a copy of the report of any mental
examination of the child ordered by the court, the section or
sections of the Revised Code violated by the child and the degree
of the violation, the warrant to convey the child to the
department, and a copy of the court's journal entry ordering the
commitment of the child to the legal custody of the department.
The court
also shall complete the form for the standard predisposition investigation
report that is developed and furnished by the department of youth services
pursuant to section 5139.04 Of the Revised Code and provide the department with the completed
form.
The
department may refuse to accept physical custody of a delinquent
child who is committed to the legal custody of the department until the
court provides to the department the documents specified in
division (F)(2) of this section. No officer or employee of
the
department who refuses to accept physical
custody of a delinquent child
who is committed to the legal custody of the department shall be subject to
prosecution or contempt of court for the refusal if the court
fails to provide the documents specified in division (F)(2)
of
this section at the time the court transfers the physical custody
of the child to the department. (3) Within five working days after the juvenile court
commits a delinquent child to the custody of the department of
youth services, the court shall provide the department with a
copy of the arrest record pertaining to the act for which the
child was adjudicated a delinquent child, a copy of any victim
impact statement pertaining to that act, and any other
information concerning the child that the department reasonably
requests. Within twenty working days after the department of
youth services receives physical custody of a delinquent child
from a juvenile court, the court shall provide the department
with a certified copy of the child's birth certificate or
the child's social security number, or, if the court made all reasonable
efforts to obtain the information but was unsuccessful, the court
shall provide the department with documentation of the efforts it
made to obtain the information. (4) When a juvenile court commits a delinquent child to
the custody of the department of youth services, the court shall
give notice to the school attended by the child of the child's
commitment by sending to that school a copy of the court's
journal entry ordering the commitment. As soon as possible after
receipt of the notice described in this division, the school
shall provide the department with the child's school transcript.
However, the department shall not refuse to accept a child
committed to it, and a child committed to it shall not be held in
a county or district detention home, because of a school's failure
to provide the school transcript that it is required to provide under
division (F)(4) of this section. (5) The department of youth services shall provide the court and the school
with an updated copy of the child's school transcript and shall
provide the court with a summary of the institutional record of
the child when it releases the child from institutional care. The department
also shall provide the court with a copy of any
portion of the child's institutional record that the court
specifically requests within five working days of the request. (6) When a juvenile court commits a delinquent child to
the custody of the department of youth services pursuant to
division (A)(4) or (5) of this section, the court shall state in
the order of commitment the total number of days that the child
has been held, as of the date of the issuance of the order, in
detention in connection with the delinquent child complaint upon
which the order of commitment is based. The department
shall reduce the minimum period of institutionalization
or minimum period of institutionalization in a secure facility
specified in division (A)(4) or (5) of this section by both the
total number of days that the child has been so held in detention
as stated by the court in the order of commitment and the total
number of any additional days that the child has been held in
detention subsequent to the order of commitment but prior to the
transfer of physical custody of the child to the department. (G)(1) At any hearing at which a child is adjudicated
a delinquent child or as soon as possible after the hearing, the court
shall notify all victims of the delinquent act, who may be
entitled to a recovery under any of the following sections, of
the right of the victims to recover, pursuant to section 3109.09
of the Revised Code, compensatory damages from the child's
parents; of the right of the victims to recover, pursuant to
section 3109.10 of the Revised Code, compensatory damages from
the child's parents for willful and malicious assaults committed
by the child; and of the right of the victims to recover an award
of reparations pursuant to sections 2743.51 to 2743.72 of the
Revised Code. (2) If a child is adjudicated a
delinquent child for committing an act that, if committed by an adult, would
be aggravated murder, murder, rape, felonious sexual penetration in violation
of former section 2907.12 of the Revised Code, involuntary manslaughter, a
felony of
the first or second degree resulting in the death of or physical harm to a
person, complicity in or an attempt to commit any of those offenses, or
an offense under an existing or former law of this state that is or was
substantially equivalent to any of those offenses and if
the court in its order of disposition for that act commits the child
to the custody of the department of youth services, the court may
make a specific finding that the adjudication should be considered a
conviction for purposes of a determination in the future, pursuant to
Chapter 2929. of the Revised Code, as to whether the child is a repeat
violent offender as defined in section
2929.01 of the Revised Code. If the court makes a specific finding as
described in this division, it shall include the specific finding in its order
of disposition and in the record in the case. (H)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by
an adult and if the child caused, attempted to cause, threatened
to cause, or created the risk of physical harm to the victim of
the act, the court, prior to issuing an order of disposition
under this section, shall order the preparation of a victim
impact statement by the probation department of the county in
which the victim of the act resides, by the court's own probation
department, or by a victim assistance program that is operated by
the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for
the child. (2) Each victim impact statement shall identify the victim
of the act for which the child was adjudicated a delinquent
child, itemize any economic loss suffered by the victim as a
result of the act, identify any physical injury suffered by the
victim as a result of the act and the seriousness and permanence
of the injury, identify any change in the victim's personal
welfare or familial relationships as a result of the act and any
psychological impact experienced by the victim or the victim's
family as a result of the act, and contain any other information
related to the impact of the act upon the victim that the court
requires. (3) A victim impact statement shall be kept confidential
and is not a public record, as defined in section 149.43 of the
Revised Code. However, the court may furnish copies of the
statement to the department of youth services pursuant to
division (F)(3) of this section or to both the adjudicated
delinquent child or the adjudicated delinquent child's counsel and the
prosecuting
attorney. The copy of a victim impact statement furnished by the court to
the department pursuant to division (F)(3) of
this section shall be kept confidential and is not a public
record, as defined in section 149.43 of the Revised Code. The copies of a
victim impact statement that are made available to
the adjudicated delinquent child or the adjudicated delinquent child's counsel
and the
prosecuting attorney pursuant to division (H)(3) of this
section shall be
returned
to the court by the person to whom they were made available
immediately following the imposition of an order of disposition
for the child under this section. (I)(1) As used in this division, "felony drug abuse
offense" has the same meaning as in section 2925.01 of the
Revised Code. (2) Sections 2925.41 to 2925.45 of the Revised Code apply
to children who are adjudicated or could be adjudicated by a juvenile court
to be delinquent children for an act that, if committed by an
adult, would be a felony drug abuse offense. Subject to division
(B) of section 2925.42 and division (E) of section 2925.43 of the
Revised Code, a delinquent child of that nature loses any right to the
possession of, and forfeits to the state any right, title, and
interest that the delinquent child may have in, property as defined in section
2925.41
and further described in section 2925.42 or 2925.43 of the
Revised Code. (J)(1) As used in this section: (a) "Electronic monitoring device," "certified electronic
monitoring device," "electronic monitoring system," and
"certified electronic monitoring system" have the same meanings
as in section 2929.23 of the Revised Code. (b) "Electronically monitored house detention" means a
period of confinement of a child in the child's home or in other
premises
specified by the court, during which period of confinement all of
the following apply: (i) The child wears, otherwise has attached to the child's person,
or otherwise is subject to monitoring by a certified electronic
monitoring device or is subject to monitoring by a certified
electronic monitoring system. (ii) The child is required to remain in the child's home or other
premises specified by the court for the specified period of
confinement, except for periods of time during which the child is
at school or at other premises as authorized by the court. (iii) The child is subject to monitoring by a central
system that monitors the certified electronic monitoring device
that is attached to the child's person or that otherwise is being
used to
monitor the child and that can monitor and determine the child's location at
any time or at a designated point in time, or the child is required
to
participate in monitoring by a certified electronic monitoring
system. (iv) The child is required by the court to report
periodically to a person designated by the court. (v) The child is subject to any other restrictions and
requirements that may be imposed by the court. (2) A juvenile court, pursuant to division (A)(10) of this
section, may impose a period of electronically monitored house
detention upon a child who is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be a
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code. The court may impose a period of electronically
monitored house detention in addition to or in lieu of any other
dispositional order imposed upon the child, except that any
period of electronically monitored house detention shall not
extend beyond the child's eighteenth birthday. If a court
imposes a period of electronically monitored house detention upon
a child, it shall require the child to wear, otherwise have
attached to the child's person, or otherwise be subject to
monitoring by
a certified electronic monitoring device or to participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the child's home or other specified premises
for the
entire period of electronically monitored house detention except
when the court permits the child to leave those premises to go to
school or to other specified premises; to be monitored by a
central system that monitors the certified electronic monitoring
device that is attached to the child's person or that otherwise is
being used to monitor the child and that can monitor and determine
the child's location at any time or at a designated point in time
or to be monitored by the certified electronic monitoring system; to
report periodically to a person designated by the court; and, in
return for receiving a dispositional order of electronically
monitored house detention, to enter into a written contract with
the court agreeing to comply with all restrictions and
requirements imposed by the court, agreeing to pay any fee
imposed by the court for the costs of the electronically
monitored house detention imposed by the court pursuant to
division (E) of section 2929.23 of the Revised Code, and agreeing
to waive the right to receive credit for any time served on
electronically monitored house detention toward the period of any
other dispositional order imposed upon the child for the act for
which the dispositional order of electronically monitored house
detention was imposed if the child violates any of the restrictions
or requirements of the dispositional order of electronically
monitored house detention. The court also may impose other reasonable
restrictions and requirements upon the child. (3) If a child violates any of the restrictions or
requirements imposed upon the child as part of the child's dispositional order
of electronically monitored house detention, the child shall not receive
credit for any time served on electronically monitored house
detention toward any other dispositional order imposed upon
the child for the act for which the dispositional order of
electronically
monitored house detention was imposed. (K) Within ten days after completion of the adjudication,
the court shall give written notice of an adjudication that a
child is a delinquent child to the superintendent of a city,
local, exempted village, or joint vocational school district if
the basis of the adjudication was the commission of an act that
would be a criminal offense if committed by an adult and that was
committed by the delinquent child when the child was sixteen
years of age or older and if the act is any of the following: (1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district; (2) A violation of section 2923.12 of the Revised Code or of
a substantially similar municipal ordinance that was committed
on property owned or controlled by, or at an activity held under the auspices
of, the board of education of that school district; (3) A violation of division (A) of section 2925.03 or 2925.11 of the Revised
Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district and that is not a minor drug
possession offense as defined in section 2925.01 of the Revised Code; (4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled by, or at an activity held
under the auspices of, the board of education of that school district, if the
victim at the time of
the commission of the act was an employee of the board of
education of that school district; (5) Complicity in any violation described in division
(K)(1), (2), (3), or (4) of this section that
was alleged to have been
committed in the manner described in division (K)(1), (2),
(3), or (4) of this section, regardless of whether the
act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district. (L) During the period of a delinquent child's probation
granted
under division
(A)(2) of this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may search,
with or without a warrant, the person of the delinquent child, the place of
residence of the delinquent child, and a motor vehicle, another item of
tangible or intangible personal property, or other real property in which the
delinquent child has a right, title, or interest or for which the delinquent
child has the express or implied permission of a person with a right, title,
or
interest to use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the law or
otherwise is not complying with the conditions of the delinquent child's
probation. The court that places a delinquent child on probation under
division (A)(2) of this section shall provide the delinquent child with a
written notice that
informs the delinquent child that authorized probation officers who are
engaged within the scope of their supervisory duties or responsibilities may
conduct those types
of searches during the period of probation if they have reasonable grounds to
believe that the delinquent child is not abiding by the law or otherwise is
not complying with the conditions of the delinquent child's probation. The
court also shall provide the written notice described in division
(C)(2)(b) of section 2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division (C)(2)(a) of
that section. Sec. 2151.38. (A) When a child is committed to the legal
custody of the department of youth services, the jurisdiction of
the juvenile court with respect to the child so committed shall
cease and terminate at the time of commitment, except as provided
in divisions (B) and, (C), and (G) of
this section and except that, if the
department of youth services makes a motion to the court for the
termination of permanent custody, the court upon the motion,
after notice and hearing and for good cause shown, may terminate
permanent custody at any time prior to the child's attainment of
eighteen years of age. The court shall make disposition of
the
matter in whatever manner will serve the best interests of the
child. Subject to divisions (B) and (C) of this section,
sections 2151.353 and 2151.411 to 2151.421 of the Revised Code, and any other
provision of
law that specifies a different duration for a
dispositional order, all other dispositional
orders made by the court shall be temporary and shall continue for a
period that is designated by the court in its order, until terminated or
modified by the court or until the child attains twenty-one years of age. (B)(1)(a) If a child is committed to the department of youth
services pursuant to division (A)(4) or (5) of section 2151.355
of the Revised Code, except as provided in division
(B)(1)(b) and (c) of this section and
in section 5139.38 of the
Revised Code, The release authority of the department
shall not release the child from
institutional care or institutional care in a secure facility and as a result
shall not discharge the
child, or order the child's release on parole, or assign
the child to a family
home, group care facility, or other place for treatment or
rehabilitation, supervised release prior to the expiration of the
prescribed minimum
period of institutionalization or
institutionalization in a secure facility, unless the department,
the child,
or the child's parent requests an early release from
institutional care or institutional care in a secure facility from the court
that committed the child
and the court approves the early release in a journal entry, or
unless the court on its own motion grants an early release. A
request for early release by the department, the child, or the
child's parent shall be made only in accordance with division
(B)(2) of this section.
If a child is committed to the department of youth
services pursuant to division (A)(6) of section 2151.355 of the
Revised Code, except as provided in division
(B)(1)(b) and (c) of this section and
in section 5139.38 of the
Revised Code, the department shall not release the child from
institutional care in a secure facility, and as a result shall
not discharge the child, order the child's release on parole, or
assign
the child to a family home, group care facility, or other place for
treatment or rehabilitation, prior to the child's attainment of
twenty-one years of age, unless the
department, the child, or
the child's parent requests an early release from institutional
care in a secure facility from the court that committed the child
and the court approves the early release in a journal entry, or
unless the court on its own motion grants an early release. A
request for early release by the department, the child, or the
child's parent shall be made only in accordance with division
(B)(2) of this section.
(b) If a child is committed
to the department of youth services pursuant to division
(A)(7) of section 2151.355 of the
Revised Code, the department shall not release the child
from institutional care in a secure
facility, and as a result shall not discharge the child, order the child's
release on
parole, or assign the child to a family home, group care facility, or other
place
for treatment or rehabilitation, prior to the expiration of the
period
of commitment required to be imposed by that division and prior to the
expiration of the prescribed minimum period of institutionalization or
institutionalization in a secure facility under division
(A)(4) or (5) of that section if either of
those divisions applies or prior to the child's attainment of twenty-one years
of age if division (A)(6) of that section
applies, unless the department, the child, or the child's parent requests an
early release from institutional care or institutional care in a secure
facility from the court that committed the child, and the court approves the
early release in a journal entry, or unless the court on its own motion grants
an early release. The department, the child, or
the child's parent shall make a request for early release only in accordance
with division (B)(2) of this section.
(c) If a child is adjudicated a delinquent child
for committing two or more acts that would be felonies if committed by an
adult, if the court entering the delinquent child adjudication ordered the
commitment of the child to the legal custody of the department of youth
services for institutionalization or institutionalization in a secure facility
pursuant to division (A)(4), (5), or (6) of
section 2151.355 of the Revised
Code, and if pursuant to division
(B)(2) of that section the court ordered the
periods of commitment imposed under division
(A)(4), (5), or (6) of that section for each
of those delinquent acts to be served consecutively in the legal custody of
the
department, the department shall not release the child from institutional care
or institutional care in a secure facility, and as a result shall not
discharge
the child, order the child's release on parole, or assign the child to a
family home, group
care facility, or other place for treatment or rehabilitation, prior to the
expiration of any period of commitment imposed under division
(A)(7) of that section and prior to the
earlier of the expiration of the prescribed minimum periods or prescribed
periods of institutionalization or institutionalization in a secure facility
imposed under division (A)(4), (5), or (6) of
that section for each of those delinquent acts or the child's attainment of
twenty-one years of age, unless the department, the child, or the child's
parent requests an early release from institutional care or institutional care
in a secure facility from the court that committed the child, and the court
approves the early release in a journal entry, or unless the court on its own
motion grants an early release. The department,
the child, or the child's parent shall make a request for early release only
in accordance with division (B)(2) of this section.
(2)(a) If
or prior to the child's attainment of twenty-one years of
age, whichever is applicable under the order of commitment, except upon the
order of
a court pursuant to division
(B) or
(C) of this section or in
accordance with section 5139.54 of the
Revised
Code.
(B)(1) If the department of youth services desires to release a
child during the first HALF OF THE PRESCRIBED MINIMUM TERM FOR THE MOST
SERIOUS
ACT FOR WHICH THE CHILD WAS COMMITTED TO THE DEPARTMENT OR, IF THE CHILD WAS
COMMITTED TO THE DEPARTMENT UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE,
DURING THE FIRST HALF OF the prescribed PERIOD OF COMMITMENT
that begins on the first day of commitment and ends on the child's
twenty-first birthday,
it shall request the court that committed the child to the department for a
judicial release of the child from institutional care or institutional care
in a secure facility. During the
first half of that prescribed minimum term or of that prescribed period of
commitment, whichever of those periods is applicable, the child or
the parents of the child also may request that court to grant a judicial
release of the child from institutional care or institutional care in a secure
facility. Upon receipt of a request for a judicial release from the
department, the child, or the child's parent or upon its own
motion, the court that committed the child shall approve the
judicial release from institutional care or institutional care
in a secure facility by journal entry, shall schedule
within twenty days after the request is received a time for a hearing on
whether the child is to be
released under a judicial release, or shall reject the request by journal
entry without
conducting a hearing. If the court rejects an initial request for a judicial
release by the child or the
child's parent, the child or the child's parent may
make one additional request for a judicial release within the
first half of the applicable prescribed minimum term or prescribed period of
commitment. The child or the child's parent may make the
additional request no earlier than thirty days after the filing of the
prior request for a judicial release. Upon the filing by the child or the
child's parent of a second
request for a judicial release, the court shall either approve or disapprove
the
judicial release by journal entry or schedule within
twenty days after the request is received a time for a hearing on whether the
child is to be released under a judicial release. (2) If a court schedules a hearing
under division
(B)(1) of this section to determine whether a child should be granted
a judicial release, it may
order the department to deliver the child to the court on the
date set for the hearing and may order the department to present
to the court a report on the child's progress in the institution
to which the child was committed and recommendations for terms and conditions
of supervision of the child by
the court after release. The court may conduct the hearing without the child
being present. The court shall determine at the hearing whether
the child should be granted a judicial release from institutionalization or
institutionalization in a secure facility. If the court
approves the judicial release, the court shall order its staff
to prepare a written treatment and rehabilitation plan for the
child that may include any terms and conditions of the child's
release that were recommended by the department and approved by the court.
The committing court shall send the
juvenile court of the county in which the child is placed a copy
of the recommended plan and the terms and conditions set by the committing
court. The court
of the county in which the child is placed may adopt the
recommended terms and conditions set by the committing court as
an order of the court and may add any additional consistent terms and
conditions it considers appropriate. (C)(1) If a child is committed to the department of youth
services and has been in institutional care or institutional care in a secure
facility for MORE THAN ONE-HALF OF THE PRESCRIBED MINIMUM TERM FOR THE MOST
SERIOUS ACT FOR WHICH THE
CHILD WAS COMMITTED OR, IF THE CHILD WAS COMMITTED TO THE DEPARTMENT UNTIL THE
CHILD ATTAINS TWENTY-ONE YEARS OF AGE, FOR MORE THAN ONE-HALF OF THE
PRESCRIBED
PERIOD OF COMMITMENT that begins on the first day of commitment and ends
on the child's twenty-first birthday, if the prescribed minimum period
of institutionalization or
other statutorily required period of
institutionalization has not expired, and if
the department of youth services desires to
release a the child committed to it pursuant to division
(A)(4) or
(5) of section 2151.355 of the Revised Code from institutional
care or institutional care in a secure facility prior to the expiration of
the
prescribed minimum
periods of institutionalization, if it desires to release a
child committed to it pursuant to division (A)(6) of that section
from institutional care in a secure facility prior to the child's
attainment of twenty-one years of age,
if it desires to release a child committed to it pursuant to division
(A)(7) of that section from institutional care
in a secure facility prior to the expiration of the period of
commitment required to be imposed by that division and prior to the expiration
of the prescribed minimum period of institutionalization or
institutionalization in a secure facility under division
(A)(4) or (5) of that section if either of
those divisions applies or prior to the child's attainment of twenty-one years
of age if division (A)(6) of that section
applies, or if it desires to release a child committed to it under the
circumstances described in division
(B)(1)(c) of this section
prior to the expiration of the prescribed minimum periods or prescribed
periods
of institutionalization or institutionalization in a secure facility described
in that division, except as provided in
section 5139.38 of the Revised Code, it shall request the court
that committed the child for an early release from institutional
care or institutional care in a secure facility. Upon receipt of a request for a child's early release filed
by the department under this section at any time or upon its own
motion at any time, the court that committed the child to the
department shall approve the early release from institutional
care or institutional care in a secure facility by journal entry, shall
schedule a time within thirty
days for a hearing on whether the child is to be released, or
shall reject the request by journal entry without conducting a
hearing.
(b) If a child who has been committed to the department
pursuant to division (A)(4), (5), (6), or (7) of section 2151.355 of
the Revised Code or the parents of a child so committed seek the
child's early
release from institutional care or institutional care in a secure
facility as described in division (B)(1)(a), (b), or (c) of this section
During the applicable period commencing upon the expiration of the first
half of
that prescribed minimum term or prescribed period of commitment and ending
upon the
expiration of the
required minimum or other period of institutionalization or
institutionalization in a secure facility, the
child or the child's parent shall also may request the
court that committed the child to grant an early release. No
request of that type initially may be made prior to the
expiration of thirty days from the day on which the child began
institutional care or institutional care in a secure
facility. Upon the filing receipt of an initial
a
request for early release from the department, the child, or the
child's parent or upon its own motion at any time during that period, the
court shall approve the early
release by journal entry, shall schedule a time within thirty
days after receipt of the request for a hearing on whether the child is
to be released, or
shall reject the request by journal entry without conducting a
hearing. If the court rejects an initial request for early release
is rejected
by the child or the child's parents, within the period prescribed in
division (C)(1) of this section,
the child or the child's parent may make one or more subsequent
requests for early release but may make no more than one request
for early release during each period of ninety days that the
child is institutionalized or institutionalized in a secure
facility after the filing of a prior request for early release. Upon the
filing of any a request for early release subsequent to an
initial request, the court shall either approve or disapprove the
early release by journal entry or schedule a time within thirty
days after receipt of the request for a hearing on whether the
child is to be released.
(c)(2) If a court schedules a hearing under division
(C)(1) of this section to determine whether a
child committed to the department should be granted an early
release, either upon receipt of a request filed by the department
under division (B)(2)(a) of this section or filed by the child or
the child's parent in accordance with the time periods prescribed
in division (B)(2)(b) of this section, or upon its own motion, it
may order the department to deliver the child to the court on the
date set for the hearing and shall order the department to
present to the court at that time a treatment plan for the
child's post-institutional care. The court may conduct the
hearing without the child being present. The court shall
determine at the hearing whether the child should be released
granted an early release
from institutionalization or institutionalization in a secure
facility. If the court approves the
early release, the department shall prepare a written treatment
and rehabilitation plan for the child pursuant to division
(D)(E) of
this section that shall include the terms and conditions of the
child's release. It shall send the committing court and the juvenile
court of the county in which the child is placed a copy of the
plan and the terms and conditions that it fixed. The court of
the county in which the child is placed may adopt the terms and
conditions set by the department as an order of the court and may
add any additional consistent terms and conditions it considers
appropriate, provided that the court may not add
any term or condition that decreases the level or degree of
SUPERVISION specified by the department in its plan, that
substantially increases the financial burden of supervision that
will be experienced by the department, or that alters the
placement specified by the department in its plan. if the court
of the county in which the child is placed adds to the
department's plan any ADDITIONAL terms and conditions, it shall
enter those ADDITIONAL terms and conditions in its journal and
shall send to the department a copy of the journal entry of the
additional terms and CONDITIONS. If
(D) If a child is released under this division
(B) or (C) of this section and the
court of the county in which the child is placed has reason to
believe that the child has child's deportment is not deported
self
in accordance with any the post-release terms and conditions
established by the
court in its journal entry of the child's judicial release or early
release, the court of the county in which the
child is placed shall schedule a time for a hearing on to
determine whether
the child violated any of the post-release terms and conditions. If
the that court
of the county in which the child is placed
determines at the hearing that the child violated any of the
post-release terms and conditions established by the court in its
journal entry, the court, if it determines that the violation of
the terms and conditions was a serious violation, may order the
child to be returned to the department for institutionalization
or institutionalization in a secure facility, consistent with the
original order of commitment of the child, or in any case may
make any other disposition of the child authorized by law that
the court considers proper. If the court of the county in which
the child is placed orders the child to be returned to a
department of youth services institution, the time during which
the child was institutionalized or institutionalized in a secure
facility prior to the child's
judicial release or early release
shall be considered as time served in fulfilling the prescribed
minimum period or prescribed period of institutionalization or
institutionalization in
a secure facility that is applicable to the child under the child's
original order of commitment. If the court orders the child
returned to a department of youth services institution, the child
shall remain in institutional care for a minimum period of three
months or until the child successfully completes a specialized
parole supervised release revocation program of a duration of
not less than thirty
days operated either by the department or by an entity with whom
the department has contracted to provide a specialized parole
supervised release
revocation program. (C) If a child is committed to the department of youth
services pursuant to division (A)(4) or (5) of section 2151.355
of the Revised Code and the child has been institutionalized or
institutionalized in a secure facility
for the prescribed minimum periods of time under those divisions,
the department, without approval of the court that committed the
child, may release the child from institutional care or discharge
the child. If the department releases the child from
institutional care and then orders the child's release on parole or
assigns the child to a family home, group care facility, or other
place
for treatment or rehabilitation, the department also shall
prepare a written treatment and rehabilitation plan for the child
pursuant to division (D) of this section that shall include the
terms and conditions of the child's release or assignment, and
shall send
the committing court and the juvenile court of the county in
which the child is placed a copy of the plan and the terms and
conditions that it fixed. The court of the county in which the
child is placed may adopt the terms and conditions as an order of
the court and may add any additional consistent terms and
conditions it considers appropriate. The release, discharge,
release on parole, or assignment shall be in accordance with
division (C) of section 5139.06 of the Revised Code. Upon
notification of a pending release, discharge, release on parole,
or assignment in accordance with that division, the committing
court shall enter the notification in its journal. If a child is
released on parole or is assigned subject to specified terms and
conditions and the court of the county in which the child is
placed has reason to believe that the child has not deported
self in accordance with any post-release
terms and conditions
established by the court in its journal entry, the court of the
county in which the child is placed, in its discretion, may
schedule a time for a hearing on whether the child violated any
of the post-release terms and conditions. If the court of the
county in which the child is placed conducts a hearing and
determines at the hearing that the child violated any of the
post-release terms and conditions established in its journal
entry, the court, if it determines that the violation of the
terms and conditions was a serious violation, may order the child
to be returned to the department of youth services for
institutionalization, or in any case may make any other
disposition of the child authorized by law that the court
considers proper. If the court of the county in which the child
is placed orders the child to be returned to a department of
youth services institution, the child shall remain
institutionalized for a minimum period of three months or until
the child successfully completes a specialized parole revocation
program of a duration of not less than thirty days operated
either by the department or by an entity with whom the department
has contracted to provide a specialized parole revocation
program.
(D)(E) The department of youth services, prior to the release
of a child pursuant to division (B) or (C) of this section, shall
do all of the following:
(1) After reviewing the child's rehabilitative progress
history and medical and educational records, prepare a written
treatment and rehabilitation plan for the child that shall
include terms and conditions of the release; (2) Completely discuss the terms and conditions of the
plan prepared pursuant to division (D)(1)(E)(1) of this
section and the
possible penalties for violation of the plan with the child and
the child's parents, guardian, or legal custodian; (3) Have the plan prepared pursuant to division (D)(1)(E)(1)
of
this section signed by the child, the child's parents, legal
guardian, or
custodian, and any authority or person that is to supervise,
control, and provide supportive assistance to the child at the
time of the child's release pursuant to division (B) or (C) of
this section; (4) File a copy of the treatment plan prepared pursuant to
division (D)(1)(E)(1) of this section, prior to the child's
release,
with the committing court and the juvenile court of the county in
which the child is to be placed. (E)(F) The department of youth services shall file a written
progress report with the committing court regarding each child
released pursuant to division (B) or (C) of this section, at
least once every thirty days unless specifically directed
otherwise by the court. The report shall indicate the treatment
and rehabilitative progress of the child and the child's family, if
applicable, and shall include any suggestions and recommendations
for alteration of the program, custody, living arrangements, or
treatment. The department shall retain legal custody of a child
so released until it discharges the child or until the custody is
terminated as otherwise provided by law.
(G)(1) As used in
division (G)(2) of this
section, "release authority" and "supervised release" have the
same meanings as in section 5139.01 of the
Revised Code. (2) When a child is committed to the legal custody of the
department of youth services, the court retains jurisdiction to
perform the functions specified in section 5139.51 of the
Revised
Code with respect to the
granting of supervised release by the release authority and to
perform the functions specified in section 5139.52 of the
Revised
Code with respect to violations
of the terms and conditions of supervised release granted by the
release authority and to the revocation of supervised
release granted by the release authority. Sec. 5139.01. (A) As used in this chapter: (1) "Commitment" means the transfer of the physical
custody of a child or youth from the court to the department of
youth services. (2) "Permanent commitment" means a commitment that vests
legal custody of a child in the department of youth services. (3) "Legal custody," insofar as it pertains to the status
that is created when a child is permanently committed to the
department of youth services, means a legal status in which the
department has the following rights and responsibilities: the
right to have physical possession of the child; the right and
duty to train, protect, and control the child; the
responsibility to
provide the child with food, clothing, shelter, education,
and medical
care; and the right to determine where and with whom the
child shall
live, subject to the minimum periods of, or periods of,
institutional care
prescribed in section 2151.355 of the Revised Code; provided,
that these rights and responsibilities are exercised subject to
the powers, rights, duties, and responsibilities of the guardian
of the person of the child, and subject to any residual parental
rights and responsibilities. (4) Unless the context requires a different meaning,
"institution" means a state facility that is created by the general
assembly and that is under the management and control of the
department of youth services or a private entity with which the department has
contracted for the institutional care and custody of felony delinquents. (5) "Full-time care" means care for twenty-four hours a
day for over a period of at least two consecutive weeks. (6) "Placement" means the conditional release of a child
under the terms and conditions that are specified by the
department of youth services. The department shall retain legal
custody of a child released pursuant to division (B)(C) of
section
2151.38 of the Revised Code or division (C) of section 5139.06 of
the Revised Code until the time that it discharges the child or
until the legal custody is terminated as otherwise provided by
law. (7) "Home placement" means the placement of a child in the
home of the child's parent or parents or in the home of the
guardian of
the child's person. (8) "Discharge" means that the department of youth
services' legal custody of a child is terminated. (9) "Release" means the termination of a child's stay in
an institution. A child released pursuant to division (B) of
section 2151.38 or pursuant to division (C) of section 5139.06 of
the Revised Code shall be on parole until discharged pursuant to
division (C)(5) of section 5139.06 of the Revised Code or until
legal custody is terminated as otherwise provided by law and the
subsequent period during which the child returns to the community under the
terms and conditions of supervised release. (10) "Delinquent child" has the same meaning as in section
2151.02 of the Revised Code. (11) "Felony delinquent" means any child who is at least
twelve years of age but less than eighteen years of age and who
is adjudicated a delinquent child for having committed an act
that if committed by an adult would be a felony. "Felony
delinquent" includes any adult who is between the ages of
eighteen and twenty-one and who is in the legal custody of the
department of youth services for having committed an act that if
committed by an adult would be a felony. (12) "Juvenile traffic offender" has the same meaning as
in section 2151.021 of the Revised Code. (13) "Public safety beds" means all of the following: (a) Felony delinquents who have been committed to the department of
youth services for the commission of an act, other than a violation
of section 2911.01 or 2911.11 of the Revised Code, that is a category
one offense or a category two offense
and who are in the care and custody of an institution or have been diverted
from care and custody in an institution and placed in a community corrections
facility; (b) Felony delinquents who, while committed to the department of youth
services and in the care and custody of an institution or a community
corrections facility, are adjudicated delinquent children for having committed
in that institution or community corrections facility an act that if
committed by an adult would be a felony or a misdemeanor; (c) Children who satisfy all of the following: (i) They are at least twelve years of age but less
than eighteen years of age. (ii) They are adjudicated delinquent
children for having committed acts that if committed by an
adult would be a felony. (iii) They are committed to the department of
youth services by the juvenile court of a county that has had
one-tenth of one per cent or less of the statewide adjudications
for felony delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, for the past
four fiscal years. (iv) They are in the care and custody of an institution or a
community corrections facility. (d) Felony delinquents who, while committed to the department of youth
services and in the care and custody of an institution, commit in that
institution an act that if committed by an adult would be a felony, who are
serving administrative time, as defined by rules of the department adopted
pursuant to division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or institutionalized
in a secure facility for the minimum period of time specified in division
(A)(4) or (5) of section 2151.355 of the Revised Code. (e) Felony delinquents who are subject to and serving a three-year
period of commitment order imposed by a juvenile court pursuant
to division (A)(7) of section 2151.355 of the
Revised Code for an act, other than a violation of
section 2911.11 of the Revised Code, that would be a category one
offense or category two offense if committed by an adult. (f) Felony
delinquents who are described in division
(A)(13)(a)
of this section, who have been granted a judicial release under
division (B) of section 2151.38
of the Revised Code or an early release under
division (C) of that section
from the commitment to the department of youth services for the
act described in division
(A)(13)(a)
of this section, who have violated the terms and conditions of
that judicial release or early release, and who, pursuant to an
order of the court of the county in which the particular felony
delinquent was placed on release that is issued pursuant to
division (D) of section 2151.38
of the Revised Code, have been returned to the
department for institutionalization or institutionalization in a
secure facility. (g) Felony delinquents who have been
committed to the custody of the department of youth services,
who have been granted supervised release from the commitment
pursuant to section 5139.51 of the
Revised Code, who have violated the
terms and conditions of that supervised release, and who, pursuant
to an order of the court of the county in which the particular
child was placed on supervised release issued pursuant to
division (F) of section 5139.52
of the Revised Code, have had the supervised
release revoked and have been returned to the department for
institutionalization. A felony delinquent described in this division
shall be a public safety bed only for the time during which the
felony delinquent is institutionalized as a result of the revocation
subsequent to the initial thirty-day period of
institutionalization required by division (F) of section 5139.52
Of the Revised Code. (14) "State target youth" means twenty-five per cent of
the projected total number of felony delinquents for each year of
a biennium, factoring in revocations and recommitments. (15) Unless the context requires a different meaning,
"community corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been
committed to the department of youth services and diverted from
care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36
of the Revised Code. (16) "Secure facility" means any facility that is designed and operated to
ensure that all of its entrances and exits are under the exclusive control of
its staff and to ensure that, because of that exclusive control, no child who
has been institutionalized in the facility may leave the facility without
permission or supervision. (17) "Community residential program" means a program that satisfies both of
the following: (a) It is housed in a building or other structure that has no associated
major restraining construction, including, but not limited to, a security
fence. (b) It provides twenty-four-hour care, supervision, and programs for felony
delinquents who are in residence. (18) "Category one offense" and "category two offense" have the same meanings
is in section 2151.26 of the Revised Code. (19) "Revocation" means the act of revoking a child's
supervised release for a violation of a term or condition of the
child's supervised release in accordance with section 5139.52
Of the Revised Code. (20) "Release authority" means the release authority
of the department of youth services that is established by section
5139.50 of the Revised
Code. (21) "Supervised release" means the event of the
release of a child under this chapter from an institution and the period after
that release during which the child is supervised and assisted
by an employee of the department of youth services under specific terms and
conditions for reintegration of the child into the community. (22) "Victim" means the person identified in a police
report, complaint, or information as the victim of an act
that would have been a criminal offense if committed by an adult
and that provided the basis for adjudication proceedings
resulting in a child's commitment to the legal custody of the
department of youth services. (23) "Victim's representative" means a member of the
victim's family or another person whom the victim or another authorized person
designates in writing,
pursuant to section 5139.56 Of the Revised Code, to
represent the victim with respect to proceedings of the release
authority of the department of youth services and with respect to other
matters specified in that section. (24) "Member of the victim's family" means a spouse,
child, stepchild, sibling, parent, stepparent, grandparent, other relative,
or legal guardian of a child but does not include a person charged
with, convicted of, or adjudicated a delinquent child for committing a
criminal or delinquent act against the victim or another criminal or
delinquent act arising
out of the same conduct, criminal or delinquent episode, or plan as the
criminal or delinquent act committed against the victim. (25) "Judicial release" means a release of a child from
institutional care or institutional care in a secure facility
that is granted by a court pursuant to division
(B) of section 2151.38 of the
Revised Code during the period
specified in that division. (26) "Early release" means a release of a child from
institutional care or institutional care in a secure facility
that is granted by a court pursuant to division
(C) of section 2151.38 of the
Revised Code during the period
specified in that division. (B) There is hereby created the department of youth
services. The governor shall appoint the director of the
department with the advice and consent of the senate. The
director shall hold office during the term of the appointing
governor but subject to removal at the pleasure of the governor.
Except as otherwise authorized in section 108.05 of the Revised
Code, the director shall devote the director's entire time
to the duties of
the director's office and shall hold no other office or
position of trust or
profit during the director's term of office. The director is the chief executive and administrative
officer of the department and has all the powers of a department
head set forth in Chapter 121. of the Revised Code. The
director may adopt
rules for the government of the department, the conduct of its
officers and employees, the performance of its business, and the
custody, use, and preservation of the department's records,
papers, books, documents, and property. The director shall be an
appointing authority within the meaning of Chapter 124. of the
Revised Code. Whenever this or any other chapter or section of
the Revised Code imposes a duty on or requires an action of the
department, the duty or action shall be performed by the director
or, upon the director's order, in the name of the
department. Sec. 5139.04. The department of youth services shall do
all of the following: (A) Support service districts through a central
administrative office that shall have as its administrative head
a deputy director who shall be appointed by the director of the
department. When a vacancy occurs in the office of that deputy
director, an assistant deputy director shall act as
that deputy
director until the vacancy is filled. The position of deputy
director and assistant deputy director described in this division shall
be in the
unclassified civil service of the state. (B) Receive custody of all children committed to it under
Chapter 2151. of the Revised Code, cause a study to be made of
those children, and issue any orders, as it considers best suited
to the needs of any of those children and the interest of the
public, for the treatment of each of those children; (C) Obtain personnel necessary for the performance of its
duties; (D) Train or provide for training of probation and youth
correction workers; (E) Adopt rules that regulate its organization
and operation, that implement sections
5139.41 to 5139.45 of the Revised Code, that define
administrative time for purposes of
division (A)(13)(d) of section 5139.01
of the Revised Code, and that pertain to the administration of
other sections
of this chapter; (F) Submit reports of its operations to the governor and
the general assembly by the thirty-first day of January of each
odd-numbered year; (G) Conduct a program of research in diagnosis, training,
and treatment of delinquent children to evaluate the
effectiveness of the department's services and to develop more
adequate methods; (H) Receive reports from the juvenile courts under
division (C)(3)(b) of section 5139.43 of the Revised Code and
prepare an annual report of state juvenile court statistics and
information based upon those reports. The department shall make
available a copy of the annual report to the governor and members
of the general assembly upon request. (I) Develop a standard form for the predisposition investigation report
that a juvenile court is required pursuant to section 2151.355 Of the Revised Code to
complete and provide to the department when the court commits a child to the
legal custody of the department; (J) Do all other acts necessary or desirable to carry out
this chapter. Sec. 5139.05. (A) The juvenile court may commit any child
to the department of youth services permanently as authorized in
section 2151.355 of the Revised Code, provided that any child so
committed shall be at least twelve years of age at the time of
the child's commitment. Any order to commit a child to an
institution
under the control and management of the department shall have the
effect of ordering that the child be committed to the department
and assigned to an institution as follows: (1) For an indefinite term consisting
of the prescribed minimum period of time and a maximum period not
to exceed the child's attainment of twenty-one years of
age, if the child was committed pursuant to division (A)(4) or (5) of
section 2151.355 of the Revised Code; (2) Until the child's attainment of twenty-one years of
age, if the child was
committed pursuant to division (A)(6) of that section; (3) For a period of commitment that shall be in addition to, and shall be
served consecutively with and prior to, a period of commitment
described in division (A)(1) or (2) of this
section, if the child was committed pursuant to division (A)(7) of section
2151.355 of the
Revised Code; (4) For any period of commitment imposed under division
(A)(7) of section 2151.355 of the
Revised Code
and for consecutive periods of commitment as described in division
(A)(1) or (2) of this section, if the child
was the subject of a consecutive periods of commitment order issued by the
court pursuant to division (B)(2) of section 2151.355 of the
Revised Code. (B) The release authority of the department of youth services,
in accordance with section 5139.51 Of the Revised Code, may
grant the release
from institutionalization of any child committed to it pursuant
to division (A)(4), (5), (6), or (7) of section 2151.355 of the
Revised Code in a manner consistent with section 5139.38 of the
Revised Code, in a manner consistent with division (B) of section
2151.38 of the Revised Code if that division is applicable to the
child, or in a manner consistent with division (C) of section
5139.06 of the Revised Code if division (B) of section 2151.38 of
the Revised Code is no longer applicable to the child the department. The order committing a child to the department of youth
services shall state that the child has been adjudicated a
delinquent child and that the commitment is permanent. The
jurisdiction of the court terminates at the time of the
commitment except in relation to procedures for the judicial release or
early release
of children from institutionalization or institutionalization in
a secure facility and hearings
conducted relative to judicial release or early release,;
except
in
relation to its
authority to add additional consistent terms and conditions,
regarding early release that are not prohibited under
division (C)(2) of section
2151.38 of the Revised Code; except in RELATION to its
authority to add additional terms and CONDITIONS regarding
judicial release;
except in
relation to hearings conducted relative to violations of
post-release the terms and conditions, of a judicial
release
or early release; except in relation to the functions
of the court related to the granting of supervised release, with
respect to violations of supervised release, and with respect to
functions of the court related to the revocation of supervised release that
are specified in
sections 5139.51 and 5139.52 of the
Revised
Code;
and except that the department
may petition the court for an order terminating its custody.
When a child has been committed permanently to the department,
the department shall retain legal custody of the child until the
time that it divests itself of the legal custody of the child by
discharging the child to the exclusive management, control, and
custody of the child's parent or the guardian of
the child's person, until the
committing court, upon its own motion, upon petition of the
parent, guardian of the person, or next friend of a child, or
upon petition of the department, terminates the department's
legal custody of the child, or until the department's legal
custody of the child is terminated automatically by the child
attaining twenty-one years of age. (C) When a child is committed to the department of youth
services, the department may assign the child to a hospital for
mental, physical, and other examination, inquiry, or treatment
for the period of time that is necessary. The department may
remove any child in its custody to a hospital for observation,
and a complete report of every observation at the hospital
shall be made in writing and shall include a record of
observation, treatment, and medical history and a recommendation
for future treatment, custody, and maintenance. The department
shall thereupon order the placement and treatment that it
determines to be most conducive to the purposes of Chapters 2151.
and 5139. of the Revised Code. The committing court and all
public authorities shall make available to the department all
pertinent data in their possession with respect to the case. (D) Records maintained by the department of youth services
pertaining to the children in its custody shall be accessible
only to department employees, except by consent of the department
or upon the order of the judge of a court of record. These
records shall not be considered "public records," as defined in
section 149.43 of the Revised Code. Except as otherwise provided by a law of this state or the United
States, the department of youth services may release records that are
maintained by the department of youth services and that pertain to children in
its custody to the department of rehabilitation and correction regarding
persons who are under the jurisdiction of the department of rehabilitation and
correction and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may use those
records for the limited purpose of carrying out the duties of the department
of rehabilitation and correction. Records released by the department of youth
services to the department of rehabilitation and correction shall remain
confidential and shall not be considered public records as defined in section
149.43 of the Revised Code. (E)(1) When a child is committed to the department of
youth services, the department, orally or in writing, shall
notify the parent, guardian, or custodian of a child that the
parent, guardian, or custodian may request at any time from the
superintendent of the institution in which the child is located
any of the information described in divisions (E)(1)(a), (b),
(c), and (d) of this section. The parent, guardian, or custodian
may provide the department with the name, address, and telephone
number of the parent, guardian, or custodian, and, until the
department is notified of a change of name, address, or telephone
number, the department shall use the name, address, and telephone
number provided by the parent, guardian, or custodian to provide
notices or answer inquiries concerning the following information: (a) When the department of youth services makes a
permanent assignment of the child to a facility, the department,
orally or in writing and on or before the third business day
after the day the permanent assignment is made, shall notify the
parent, guardian, or custodian of the child of the name of the
facility to which the child has been permanently assigned. If a parent, guardian, or custodian of a child who is
committed to the department of youth services requests, orally or
in writing, the department to provide the parent, guardian, or
custodian with the name of the
facility in which the child is currently located, the department,
orally or in writing and on or before the next business day after
the day on which the request is made, shall provide the name of
that facility to the parent, guardian, or custodian. (b) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is located whether the child is being disciplined by the
personnel of the institution, what disciplinary measure the
personnel of the institution are using for the child, or why the
child is being disciplined, the superintendent or the
superintendent's designee,
on or before the next business day after the day on which the
request is made, shall provide the parent, guardian, or custodian
with written or oral responses to the questions. (c) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is held whether the child is receiving any medication from
personnel of the institution, what type of medication the child
is receiving, or what condition of the child the medication is
intended to treat, the superintendent or the
superintendent's designee, on or
before the next business day after the day on which the request
is made, shall provide the parent, guardian, or custodian with
oral or written responses to the questions. (d) When a major incident occurs with respect to a child
who is committed to the department of youth services, the
department, as soon as reasonably possible after the major
incident occurs, shall notify the parent, guardian, or custodian
of the child that a major incident has occurred with respect to
the child and of all the details of that incident that the
department has ascertained. (2) The failure of the department of youth services to
provide any notification required by or answer any requests made
pursuant to division (E) of this section does not create a cause
of action against the state. (F) The department of youth services, as a means of
punishment while the child is in its custody, shall not prohibit
a child who is committed to the department from seeing that
child's parent, guardian, or custodian during standard visitation
periods allowed by the department of youth services unless the
superintendent of the institution in which the child is held
determines that permitting that child to visit with the
child's parent,
guardian, or custodian would create a safety risk to that child,
that child's parents, guardian, or custodian, the personnel of
the institution, or other children held in that institution. (G) As used in this section: (1) "Permanent assignment" means the assignment or
transfer for an extended period of time of a child who is
committed to the department of youth services to a facility in
which the child will receive training or participate in
activities that are directed toward the child's successful
rehabilitation. "Permanent assignment" does not include the
transfer of a child to a facility for early release hearings
pursuant to section 2151.38 of the Revised Code or for any other
temporary assignment or transfer to a facility. (2) "Major incident" means the escape or attempted escape
of a child who has been committed to the department of youth
services from the facility to which the child is assigned; the
return to the custody of the department of a child who has
escaped or otherwise fled the custody and control of the
department without authorization; the allegation of any sexual
activity with a child committed to the department; physical
injury to a child committed to the department as a result of
alleged abuse by department staff; an accident resulting in
injury to a child committed to the department that requires
medical care or treatment outside the institution in which the
child is located; the discovery of a controlled substance upon
the person or in the property of a child committed to the
department; a suicide attempt by a child committed to the
department; a suicide attempt by a child committed to the
department that results in injury to the child requiring
emergency medical services outside the institution in which the
child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to
the department; and the commission or suspected commission of an
act by a child committed to the department that would be an
offense if committed by an adult. (3) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code. (4) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. Sec. 5139.06. (A) When a child has been committed to the
department of youth services, it shall do both of the following: (1) Place the child in an appropriate institution under the
condition that it considers best designed for the training and
rehabilitation of the child and the protection of the public,
provided that the institutional placement shall be consistent
with the order committing the child to its custody; (2) Maintain the child in institutional care or
institutional care in a secure facility for the required period
of institutionalization in a manner consistent with division
(A)(4), (5), (6), or (7) of section 2151.355 of the Revised Code,
whichever is applicable, and with section 5139.38 or division (B)
or (C) of section 2151.38 of the Revised Code. (B) When a child has been committed to the department of
youth services pursuant to division (A)(6) of section 2151.355 of
the Revised Code, or when a child has been committed to the
department pursuant to division (A)(4), (5), or (7) of that section and
the child has not been institutionalized or institutionalized in
a secure facility for the prescribed
minimum periods of time or the prescribed period of time under those
divisions, including, but not limited to, a prescribed period of time
under division (A)(6) of section 2151.355 Of the Revised Code, the
department,
the child, or the child's parent may request the court that
committed the child to order a judicial release or an early release
from
institutionalization or institutionalization in a secure
facility in accordance with division
(B) or (C) of section 2151.38 of the Revised Code, and the
child may be
released from institutionalization or institutionalization in a
secure facility in accordance with that the applicable
division. A child of that nature in those circumstances shall
not be released from
institutionalization or institutionalization in a secure
facility except in accordance with that
division or section 2151.38 or 5139.38
of the Revised Code. When a child
is
released pursuant to a judicial release under division (B) of section
2151.38 Of the Revised Code, the
department shall comply with division (B)(2) of that section and, if
the court requests, shall send the committing court a report on the child's
progress in the institution and recommendations for terms and conditions of
supervision by the court after release. When a child is
released pursuant to that an early release under division
(C) of section 2151.38
Of the Revised Code, the department shall comply
with divisions (D) and (E) division (C)(2) of
that section 2151.38 of the Revised Code
relative to the child and shall send the committing court and the
juvenile court of the county in which the child is placed a copy
of the treatment and rehabilitation plan described in that
division and the terms and conditions that it fixed. The
court of the county in which the child is placed may adopt the
terms and conditions as an order of the court and may add any
additional consistent terms and conditions it considers
appropriate, provided that the court may not add
any term or condition that decreases the level or degree of
supervision specified by the department in its plan, that
substantially increases the financial burden of supervision that
will be experienced by the department, or that alters the
placement specified by the department in its plan. Any violations of the terms and conditions
established in its journal entry by the court of the county in
which the child is placed of the child's judicial release or early
release shall be handled pursuant to division
(B)(D) of section 2151.38 of the Revised Code. (C) When a child has been committed to the department of
youth services, it may do any of the following: (1) If the child was committed pursuant to division (A)(4)
or (5) of section 2151.355 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for the prescribed
minimum periods of
time under those divisions, order the child's release on
parole under the
supervision and conditions that it believes conducive to
law-abiding conduct or order replacement or renewed parole as
often as conditions indicate it to be desirable; provided that
the department shall notify the committing court, in writing, of
the terms of supervision and the conditions of the release at
least fifteen days prior to the scheduled date of release. (2) Notwithstanding the provisions of this chapter or
Chapter 2151. of the Revised Code that prescribe required periods
of institutionalization, transfer the child to any other
state
institution, whenever it appears that the child by reason of
mental illness, mental retardation, or other developmental
disability ought to be in another state institution. Before
transferring a child to any other state institution, the
department shall include in the minutes a record of the order of
transfer and the reason for the transfer and, at least seven days
prior to the transfer, shall send a certified copy of the order
to the person shown by its record to have had the care or custody
of the child immediately prior to the child's commitment. Except
as provided in division (C)(3)(2) of this section, no person
shall
be transferred from a benevolent institution to a correctional
institution or to a facility or institution operated by the
department of youth services.
(3)(2) Notwithstanding the provisions of this chapter or
Chapter 2151. of the Revised Code that prescribe required periods
of institutionalization, transfer the child under section
5120.162 of
the Revised Code to a correctional medical center established by
the department of rehabilitation and correction, whenever the
child has an illness, physical condition, or other medical
problem and it appears that the child would benefit from
diagnosis or treatment at the center for that illness, condition,
or problem. Before transferring a child to a center, the
department of youth services shall include in the minutes a
record of the order of transfer and the reason for the transfer
and, except in emergency situations, at least seven days prior to
the transfer, shall send a certified copy of the order to the
person shown by its records to have had the care or custody of
the child immediately prior to the child's commitment. If the
transfer of the child occurs in an emergency situation, as soon
as possible after the decision is made to make the transfer, the
department of youth services shall send a certified copy of the
order to the person shown by its records to have had the care or
custody of the child immediately prior to the child's commitment.
A transfer under this division shall be in accordance with the
terms of the agreement the department of youth services enters
into with the department of rehabilitation and correction under
section 5120.162 of the Revised Code and shall continue only as
long as the child reasonably appears to receive benefit from
diagnosis or treatment at the center for an illness, physical
condition, or other medical problem.
(4)(3) Revoke or modify any order of the department except an
order of discharge as often as conditions indicate it to be
desirable;
(5) If the child was committed pursuant to division (A)(4)
or (5) of section 2151.355 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for the prescribed
minimum periods of
time under those divisions, discharge the child from its custody
and control when it is satisfied that the discharge is consistent
with the welfare of the individual and protection of the public.
The department shall notify the committing court, in writing,
that it is going to discharge the child at least fifteen days
before the scheduled date of discharge and, upon the discharge,
immediately shall certify the discharge in writing and transmit
the certificate to the committing court.
(6)(4) If the child was committed pursuant to division (A)(4)
or (5) of section 2151.355 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for the prescribed
minimum periods of
time under those divisions,
assign the child to a family home, a
group care facility, or other place maintained under public or
private auspices, within or without this state, for necessary
treatment and rehabilitation, the costs of which may be paid by
the department, provided that the department shall notify the
committing court, in writing, of the place and terms of the
assignment at least fifteen days prior to the scheduled date of
the assignment.
(5) Release the child from an
institution in accordance with sections 5139.51 to 5139.54 of
the Revised Code in the circumstances
described in those sections. (D) The department of youth services shall notify the
committing court of any order transferring the physical location
of any child committed to it in accordance with section 5139.35
of the Revised Code. Upon the discharge from its custody and
control, the department may petition the court for an order
terminating its custody and control. (E) If a child is released on parole under division (C)(1)
of this section or is assigned to a family home, group care
facility, or other place for treatment or rehabilitation under
division (C)(6) of this section, the department shall comply with
divisions (D) and (E) of section 2151.38 of the Revised Code
relative to the child and shall send the committing court and the
juvenile court of the county in which the child is placed a copy
of the plan and the terms and conditions of the release or
assignment that it fixed. The court of the county in which the
child is placed may adopt the terms and conditions as an order of
the court and may add any additional consistent terms and
conditions it considers appropriate. Any violations of the terms
and conditions established in its journal entry by the court of
the county in which the child is placed shall be handled pursuant
to division (C) of section 2151.38 of the Revised Code.
Sec. 5139.07. As a means of correcting the socially
harmful tendencies of a child committed to it, the department of
youth services may require participation by him the child in
vocational,
physical, educational, and corrective training and activities,
and the conduct and modes of life that seem best adapted to
rehabilitate him the child and fit him the child
for return to full liberty without
danger to the public welfare. This section does not permit the
department to release a child committed to it from institutional
care or institutional care in a secure facility, whichever is
applicable, other than in accordance with sections 2151.38,
5139.06, and 5139.38, and 5139.50 to 5139.54 of
the Revised Code. The department may require a child committed to it to return to his
the child's home or to be placed in a foster care placement if
it is authorized to make a placement of that nature under
sections 2151.38, 5139.06, and 5139.38, and 5139.50 to
5139.54 of the Revised Code. Any placement of that nature shall be
made in accordance with those sections. The legal residence of a child so
placed by the department is the place the child is residing in accordance with
a department order of placement. The school district responsible
for payment of tuition on behalf of the child so placed shall be
determined pursuant to section 3313.64 or 3313.65 of the Revised
Code. Sec. 5139.08. The department of youth services may enter
into an agreement with the director of rehabilitation and
correction pursuant to which the department of youth services, in
accordance with division (C)(3)(2) of section 5139.06 and
section 5120.162 of the Revised Code, may transfer to a correctional
medical center established by the department of rehabilitation
and correction, children who are within its custody for diagnosis
or treatment of an illness, physical condition, or other medical
problem. The department of youth services may enter into any
other agreements with the director of human services, the
director of mental health, the director of mental retardation and
developmental disabilities, the director of rehabilitation and
correction, with the courts having probation officers or other
public officials, and with private agencies or institutions for
separate care or special treatment of children subject to the
control of the department of youth services. The department of
youth services may, upon the request of a juvenile court not
having a regular probation officer, provide probation services
for such court. Upon request by the department of youth services, any
public agency or group care facility established or administered
by the state for the care and treatment of children and youth
shall, consistent with its functions, accept and care for any
child whose custody is vested in the department in the same
manner as it would be required to do if custody had been vested
by a court in such agency or group care facility. If the
department has reasonable grounds to believe that any child or
youth whose custody is vested in it is mentally ill or mentally
retarded, the department may file an affidavit under section
5122.11 or 5123.76 of the Revised Code. The department's
affidavit for admission of a child or youth to such institution
shall be filed with the probate court of the county from which
the child was committed to the department. Such court may
request the probate court of the county in which the child is
held to conduct the hearing on the application, in which case the
court making such request shall bear the expenses of the
proceeding. If the department files such an affidavit, the child
or youth may be kept in such institution until a final decision
on the affidavit is made by the appropriate court. Sec. 5139.18. (A) The Except with respect to children who are
granted a judicial release pursuant to division (B) of section
2151.38 Of the Revised Code, the department of youth services is
responsible for locating homes or jobs for children released from
its institutions, for supervision of children released from its
institutions, and for providing or arranging for the provision to
those children of appropriate services that are required to
facilitate their satisfactory community adjustment. (B) The department of youth services shall exercise
general supervision over all children who have been released on
placement from any of the its institutions other than children who
are granted a judicial release pursuant to division (B) of section
2151.38 Of the Revised Code. The director of
youth services, with the consent and approval of the board of
county commissioners of any county, may contract with the
department of human services of that county, if the department
has assumed the administration of child welfare, the children
services board of that county, the department of probation of
that county established pursuant to section 2301.27 of the
Revised Code, or the probation department or service established
pursuant to sections 2151.01 to 2151.54 of the Revised Code for
the provision of direct supervision and control over and the
provision of supportive assistance to all children who have been
released on placement into that county from any of its
institutions, or, with the consent of the juvenile judge or the
administrative judge of the juvenile court of any county,
contract with any other public agency, institution, or
organization that is qualified to provide the care and
supervision that is required under the terms and conditions of
the child's treatment plan for the provision of direct
supervision and control over and the provision of supportive
assistance to all children who have been released on placement
into that county from any of its institutions. (D)(C) Whenever any placement official has reasonable cause
to believe that any child released by a court pursuant to section 2151.38
Of the Revised Code has violated the terms and conditions
of his the child's placement, the official may request, in
writing, from the committing court or transferee court a custodial order, and,
upon reasonable and probable cause, the court may order any sheriff,
deputy sheriff, constable, or police officer to apprehend the
child. A child so apprehended may be confined in the detention
home of the county in which he the child is apprehended until
further order of the court. If a child who was released on supervised
release by the release
authority of the department of youth services violates the terms and
conditions of the supervised release, section 5139.52 Of the Revised Code applies with
respect to
that child.
Sec. 5139.20. (A) Notwithstanding any other provision of
the Revised Code that sets forth the minimum periods or period
for which a child committed to the department of youth services is to be
institutionalized or institutionalized in a secure facility or the procedures
for the judicial release or early release from institutional care or
institutional care in a secure facility, the department may grant
emergency releases to children confined in state juvenile
institutions if the governor, upon request of the director of the
department authorizes the director, in writing, to issue a
declaration that an emergency overcrowding condition exists in
all of the institutions in which males are confined, or in all of
the institutions in which females are confined, that are under
the control of the department. If the governor authorizes the
issuance of a declaration, the director may issue the
declaration. If the director issues the declaration, the
director shall
file a copy of it with the secretary of state, which copy shall
be a public record. Upon the filing of the copy, the
department is authorized to grant emergency releases to children
within its custody subject to division (B) of this section. The
authority to grant the emergency releases shall continue until
the expiration of thirty days from the day on which the
declaration was filed. The director shall not issue a
declaration that an emergency overcrowding condition exists
unless the director determines that no other method of
alleviating the
overcrowding condition is available. (B)(1) If the department is authorized under division (A)
of this section to grant emergency releases to children within
its custody, the department shall determine which, if any,
children to release under that authority only in accordance with
this division and divisions (C), (D), and (E) of this section.
The department, in determining which, if any, children to release,
initially shall classify each child within its custody according
to the degree of offense that the act for which the child is
serving the period of institutionalization would have been if
committed by an adult. The department then shall scrutinize
individual children for emergency release, based upon their
degree of offense, in accordance with the categories and the
order of consideration set forth in division (B)(2) of this
section. After scrutiny of all children within the
particular category under consideration, the department shall
designate individual children within that category to whom it
wishes to grant an emergency release. (2) The categories of children in the custody of the
department that may be considered for emergency release under
this section, and the order in which the categories shall be
considered, are as follows: (a) Initially, only children who are not serving a period
of institutionalization for an act that would have been
aggravated murder, murder, or a felony of the first, second, third, or fourth
degree if committed by an adult or for an act that was committed before the
effective date of this amendment and that would have been an aggravated felony
of the first, second, or third degree if committed by an adult may be
considered. (b) When all children in the category described in
division (B)(2)(a) of this section have been scrutinized and all
children in that category who have been designated for emergency
release under division (B)(1) of this section have been so
released, then all children who are not serving a period of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first or second degree if committed by an
adult or for an act that was committed before the effective date of this
amendment and that would have been an aggravated felony of the first or second
degree if committed by an adult may be considered. (c) When all children in the categories described in
divisions (B)(2)(a) and (b) of this section have been scrutinized
and all children in those categories who have been designated for
emergency release under division (B)(1) of this section have been
released, then all children who are not serving a term of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first degree if committed by an adult or
for an act that was committed before the effective date of this amendment and
that would have been an aggravated felony of the first or second degree if
committed by an adult may be considered. (d) In no case shall the department consider for emergency release any child
who
is serving a term of institutionalization for an act that would
have been aggravated murder, murder, or a felony of the first
degree if committed by an adult or for an act that was committed before the
effective date of this amendment and that would have been an aggravated felony
of the first degree if committed by an adult, and in no case shall the
department grant an emergency release to any such child pursuant to this
section. (C) An emergency release granted pursuant to this section
shall consist of one of the following: (1) A supervised release on parole under supervision
terms and conditions that the department believes conducive to
law-abiding conduct; (2) A discharge of the child from the custody and control
of the department if the department is satisfied that the
discharge is consistent with the welfare of the individual and
protection of the public; (3) An assignment to a family home, a group care facility,
or other place maintained under public or private auspices,
within or without this state, for necessary treatment or
rehabilitation, the costs of which may be paid by the department. (D) If a child is granted an emergency release pursuant to
this section, the child thereafter shall be considered to have
been institutionalized or institutionalized in a secure facility for the
prescribed minimum period of
time or prescribed time under division (A)(4), (5), or (7) of section 2151.355
of the
Revised Code. The department shall retain legal custody of a
child so released until it discharges the child or until its
custody is terminated as otherwise provided by law. (E)(1) If a child is granted an emergency release so that
the child is released on parole supervised release or assigned
to a family home, group care facility, or other place for treatment or
rehabilitation, the
department shall prepare a written treatment and
rehabilitation plan for the child in accordance with division
(D)(E) of section 2151.38 of the Revised Code, which shall
include the
terms and conditions of the child's release or assignment,
and shall send
the committing court and the juvenile court of the county in
which the child is placed a copy of the plan and the terms and
conditions that it fixed. The court of the county in which the
child is placed may adopt the terms and conditions as an order of
the court and may add any additional consistent terms and
conditions it considers appropriate. If a child is released on
parole supervised release or is assigned subject to specified
terms and conditions
and the court of the county in which the child is placed has
reason to believe that the child has child's deportment is not
deported himself or herself in accordance with any post-release terms
and conditions
established by the court in its journal entry, the court of the county in
which the child is placed, in its discretion, may schedule a time
for a hearing on whether the child violated any of the
post-release terms and conditions. If the that court of the
county in
which the child is placed conducts a hearing and determines at
the hearing that the child violated any of the post-release terms
and conditions established in its journal entry, the court,
if it determines that the violation of the terms and conditions
was a serious violation, may order the child to be returned to the
department of youth services for institutionalization or, in any
case, may make any other disposition of the child authorized by
law that the court considers proper. If the court of the county
in which the child is placed orders the child to be returned to a
department of youth services institution, the child shall remain
institutionalized for a minimum period of three months. (2) The department also shall file a written progress
report with the committing court regarding each child granted an
emergency release pursuant to this section at least once every
thirty days unless specifically directed otherwise by the court. The report
shall include the information required of reports
described in division (E)(F) of section 2151.38 of the Revised
Code. Sec. 5139.35. (A) Except as provided in division (C) of
this section and division (C)(3)(2) of section 5139.06 of the
Revised Code, the department of youth services shall not place a
child committed to it pursuant to division (A)(6) of section
2151.355 of the Revised Code or one committed to it pursuant to
division (A)(4), (5), or (7) of that section who has not been
institutionalized or institutionalized in a secure facility for the prescribed
minimum periods or prescribed period of
institutionalization under those divisions in an institution with
a less restrictive setting than that in which the child was
originally placed, other than an institution under the management
and control of the department, without first obtaining the prior
consent of the committing court. (B) Except as provided in division (C) of this section,
the department of youth services shall notify the committing
court, in writing, of any placement of a child committed to it
pursuant to division (A)(4), (5), or (7) of section 2151.355 of the
Revised Code who has been institutionalized or institutionalized
in a secure facility for the prescribed
minimum periods or prescribed period of institutionalization under those
divisions in
an institution with a less restrictive setting than that in which
the child was originally placed, other than an institution under
the management and control of the department, at least fifteen
days before the scheduled date of placement. (C) If, pursuant to division (C)(3)(2) of section 5139.06 of
the Revised Code, the department of youth services transfers a
child committed to it pursuant to division (A)(4), (5), (6),
or (7) of section 2151.355 of the Revised Code to a correctional medical
center established by the department of rehabilitation and
correction, the department of youth services shall send the
committing court a certified copy of the transfer order. Sec. 5139.38. Within ninety days prior to the expiration
of the prescribed minimum period of institutionalization of a
felony delinquent committed to the department of youth services
and with prior notification to the committing court, the
department may transfer the felony delinquent to a community
facility for a period of supervised treatment prior to ordering a
release of the felony delinquent on parole supervised release or
prior to the release and placement of the felony delinquent on
aftercare placement as
described in section 5139.18 of the Revised Code. For purposes
of transfers under this section, both of the following apply: (A) The community facility may be a community corrections
facility that has received a grant pursuant to section 5139.36 of
the Revised Code, a community residential program with which the department
has contracted for purposes of this section, or another private entity with
which the department has contracted for purposes of this section. Division
(E) of section 5139.36 of the Revised Code does not
apply in connection with a transfer of a felony delinquent that
is made to a community corrections facility pursuant to this
section. (B) During the period in which the felony delinquent is in
the community facility, he the felony delinquent shall remain in
the custody of the department. Sec. 5139.43. (A) On and after January 1, 1995, the
department of youth services shall operate a felony delinquent
care and custody program with the remainder of the appropriation
described in division (E) of section 5139.41 of the Revised
Code.
The program shall be operated in accordance with the formula
developed pursuant to sections 5139.41 and 5139.42 of the Revised
Code, subject to the conditions specified in this section, and in
conjunction with the contingency program described in section
5139.45 of the Revised Code. (B)(1) The department of youth services annually shall
allocate to each county a portion of the remainder of the
appropriation described in division (E) of section 5139.41
of the
Revised Code. The portion to be allocated to each county shall
be determined by multiplying the county's percentage determined
under division (E) of section 5139.42 of the Revised Code by the
amount of that remainder. The department shall divide the
portion to be allocated to each county by twelve or, if in a particular fiscal
year the felony delinquent care and custody program is in effect in a county
less than twelve months, by the number of months the program is in effect in
that county to determine the monthly allocation to that county. (2)(a) Except as provided in division (B)(2)(b) of this
section, the department shall reduce the monthly allocation for
each fiscal year to each county as determined under division
(B)(1) of this section by both of the following: (i) Seventy-five per cent of the amount
determined by multiplying the per diem cost for the care and
custody of felony delinquents, as determined pursuant to division
(D) of section 5139.42 of the Revised Code, by the number of
felony delinquents who have been adjudicated delinquent children
and, except as otherwise provided in divisions (B)(2)(a)
and (3) of this section, who are in the care and custody of an
institution pursuant to a commitment, recommitment, or
revocation of a release on parole by the juvenile court of that county; (ii) Fifty per cent of the amount determined by multiplying the
per diem cost for the care and custody of felony delinquents, as determined
pursuant to division (D) of section 5139.42 of the Revised Code, by the number
of felony delinquents who have been adjudicated delinquent children
and, except as otherwise provided in
divisions (B)(2)(a) and (3) of this section,
who are in the care and custody of a community corrections facility pursuant
to a placement by the department with the consent of the juvenile court of
that county as described in division (E) of section 5139.36 of the Revised
Code. Public safety beds shall not
be included in the number of felony delinquents who have been
adjudicated delinquent children by a juvenile court in making the seventy-five
per cent or fifty
per
cent reductions described in divisions
(B)(2)(a)(i) and (ii) of this section. The
department shall bear the care and custody costs associated with
public safety beds. (b) If a county has exhausted its current and future
monthly allocations for the current fiscal year as determined
under division (B)(1) of this section, the department shall bear
the remainder of the amounts calculated under divisions
(B)(2)(a)(i) and (ii) of this section for the care and custody of felony
delinquents who are in the care and custody of an institution pursuant to
a commitment, recommitment, or revocation
of a release on parole or in the care and custody of a community
corrections facility by
debiting, in accordance with division (C)(2) of section 5139.45
of the Revised Code, the amount of the appropriation for care and
custody of felony delinquents that was set aside for the contingency program
pursuant to division (A) of section 5139.41 of the Revised Code. (3)(a) Subject to divisions (B)(2)(b) and (4) of this section
and subject to the special provisions of division
(B)(3)(b) of this section pertaining to monthly
allocations under divisions (B)(1) and (2)(a)
of this section for the month of June, after
the application of division (B)(2)(a) of this section and on or
before the fifteenth day of the following month, the department
shall disburse to the juvenile court of each county the remainder
of the monthly allocation of that county as determined pursuant
to divisions (B)(1) and (2)(a) of this section. (b)(i) For the monthly allocation for the month of June
of each fiscal year, the department shall estimate for each county the number
of felony delinquents described in divisions
(B)(2)(a)(i) and (ii) of this
section rather than use the actual number of those felony delinquents, shall
use the estimated number of those felony delinquents in making the
seventy-five
per cent and fifty per cent reductions described in those divisions, and shall
encumber the remainder of the estimated monthly allocation of each county for
the month of June, as determined pursuant to divisions
(B)(1), (2)(a), and (3)(b)(i) of
this section, for disbursement in the month of July of the next fiscal
year in accordance with division (B)(3)(b)(ii)
of this section. If the total of the seventy-five per cent and fifty per
cent reductions described in division (B)(2)(a) of this
section exceeds the estimated monthly allocation of a county for the month of
June as so determined, the department may cover the amount of the
excess by debiting, in accordance with division (C)(2) of section
5139.45 of the Revised Code, the amount of
the appropriation for care and custody of felony
delinquents that was set aside for the contingency program pursuant to
division (A) of section 5139.41 of the Revised Code. (ii) In the month of July of each new fiscal year, the
department shall reconcile for each county the estimated reductions that
occurred pursuant to divisions (B)(2)(a) and
(3)(b)(i) of this section and the reductions that should
have occurred pursuant to division (B)(2)(a) of this
section by using the actual number of felony delinquents described in
divisions (B)(2)(a)(i) and (ii)
of this section for the month of June of the prior fiscal year.
After that reconciliation occurs, subject to divisions
(B)(2)(b) and (4) of this section, the department
shall disburse to each county the remainder of its monthly allocation for the
month of June of the prior fiscal year as adjusted pursuant to the
reconciliation and division (B)(3)(b)(ii) of
this
section. In connection with the adjustments in the monthly allocations for the month
of June of the prior fiscal year, if the encumbered monthly
allocations of one or more counties for that month exceed or are less than the
monthly allocations for that month to which those counties are entitled under
divisions (B)(1) and (2)(a) of this section by
using the actual number of felony delinquents described in divisions
(B)(2)(a)(i) and (ii) of this
section rather than the estimated number of those felony delinquents, the
department may make the necessary adjustments in the monthly allocations of
those counties for the month of June of the prior fiscal year within
the total of the moneys for monthly allocations for that month that were
encumbered for all of the counties. If that total amount is insufficient to
make the requisite monthly allocations for that month to all counties in
accordance with divisions (B)(1) and (2)(a) of
this section, the department shall cover the insufficiency
by debiting, in accordance with division (C)(2) of section
5139.45 of the Revised Code, the amount of the appropriation for care and custody of felony
delinquents that was set aside for the contingency program pursuant to
division (A) of section 5139.41 of the Revised Code. (4) Notwithstanding the general disbursement
requirements of division (B)(3)(a) and (b)(ii)
of this section, if a juvenile court fails to comply with division (C)(3)(d)
of this section and the department is not able to reconcile fiscal accounting
as a consequence of that failure, the department is not required to make any
disbursement in accordance with division (B)(3)(a) or
(b)(ii) of this section to the
juvenile court until it complies with division (C)(3)(d) of this section. (C)(1) Each juvenile court shall use the moneys disbursed
to it by the department of youth services pursuant to division
(B) of this section in accordance with division (C)(2) of this
section and shall transmit the moneys to the county treasurer for
deposit in accordance with this division. The county treasurer
shall create in the county treasury a fund that shall be
known as the felony delinquent care and custody fund and shall
deposit in that fund the moneys disbursed to the juvenile
court pursuant to division (B) of this section. The moneys in
the fund shall not be commingled with any other county funds;
shall not be used for any capital construction projects; upon an
order of the juvenile court and subject to appropriation by the
board of county commissioners, shall be disbursed to the juvenile
court for use in accordance with division (C)(2) of this section;
shall not revert to the county general fund at the end of any
fiscal year; and shall carry over in the felony delinquent care and custody
fund from the end of
any fiscal year to the next fiscal year. The moneys in the
fund shall be in addition to, and shall not be used to reduce,
any usual annual increase in county funding that the juvenile
court is eligible to receive or the current level of county
funding of the juvenile court and of any programs or services for
delinquent children, unruly children, or juvenile traffic
offenders. (2)(a) A juvenile court shall use the moneys in its felony
delinquent care and custody fund as follows: (i) To provide programs and services for the training,
treatment, or rehabilitation of felony delinquents that are
alternatives to their commitment to the department, including,
but not limited to, community residential programs, day treatment
centers, services within the home, and electronic monitoring; (ii) In connection with training, treatment,
rehabilitation, early intervention, or other programs or services
for any delinquent child, unruly child, or juvenile traffic
offender who is under the jurisdiction of the juvenile court.
For purposes of division (C)(2)(a)(ii) of this section, a delinquent
child includes a child who is so adjudicated for the commission
of an act that if committed by an adult would be a misdemeanor
or felony. (b) Each juvenile court shall comply with division (C)(3)(d) of this section
as implemented by the department. If a juvenile court fails to comply with
that division and the department is not able to reconcile fiscal accounting as
a consequence of the failure, the provisions of division (B)(4) of this
section shall apply. (3) In accordance with rules adopted by the department
pursuant to section 5139.04 of the Revised Code, each juvenile
court shall do all of the following: (a) File with the department a plan pertaining to the use,
upon an order of the juvenile court and subject to appropriation
by the board of county commissioners, of the moneys in its felony
delinquent care and custody fund for specified programs and
services as described in division (C)(2)(a) of this section. The
plan shall include a method of ensuring equal access for minority
youth to the programs and services. (b) By the thirty-first day of January of each year, file
with the department a report containing all of the statistical
and other information for each month of the prior calendar year
that will permit the department to prepare the report described
in division (D) of this section; (c) If the department requires the juvenile court to
prepare monthly statistical reports for use under section 5139.42
of the Revised Code and to submit the reports on forms provided
by the department, file those reports with the department on the
forms so provided; (d) If the department requires the juvenile court to participate in any
fiscal monitoring or other program that is conducted by the department to
ensure compliance by the juvenile court and its county with division (C) of
this section, participate in the fiscal monitoring or other program and fully
comply with any guidelines for the performance of audits adopted by the
department pursuant to that program and all requests made by the department
pursuant to that program for information necessary to reconcile fiscal
accounting. (D) On or prior to the first day of
April of each year,
the department of youth services shall submit to the joint
legislative committee on juvenile corrections overcrowding a
report that pertains to the operation of sections 5139.41 to
5139.45 of the Revised Code during the immediately preceding
calendar year and that includes, but is not limited to, the
following: (1) A description of the programs and services that were
financed under those sections in each county; (2) The number of felony delinquents, other delinquent
children, unruly children, and juvenile traffic offenders served
by the programs and services in each county; (3) The total number of felony level delinquency children
adjudicated in each juvenile court to be delinquent children for
acts that if committed by an adult would be a felony; (4) The total number of felony delinquents who were
committed by the juvenile court of each county to the department
and who were in the care and custody of an institution or a
community corrections facility; (5) A breakdown of the felony delinquents described in
division (D)(4) of this section on the basis of the types and
degrees of felonies committed, the ages of the felony delinquents
at the time they committed the felonies, and the sex and race of
the felony delinquents. Sec. 5139.50. (A) The release authority of the department of
youth services is hereby
created as an independent administrative division in the
department. The release authority shall consist of five members
who are appointed by the director of youth services and who have
the qualifications specified in division
(B) of this section. The members of the release authority shall
devote their full time to the duties of the release
authority and shall neither seek nor hold other public office. The members
shall be in the unclassified civil service. (B) A person appointed as a member of the release
authority shall have a bachelor's degree from an accredited
college or university or equivalent relevant experience and shall have the
skills, training, or
experience necessary to analyze issues of law, administration,
and public policy. The membership of the release authority
shall represent, insofar as practicable, the diversity found in
the children in the legal custody of the department of youth
services. In appointing the five members, the director shall ensure
that the appointments include all of the following: (1) At least four members who have five or more years
of experience in criminal justice, juvenile justice, or an equivalent relevant
profession; (2) At least one member who has experience in victim
services or advocacy or who has been a victim of a crime or is a
family member of a victim; (3) At least one member who has experience in direct
care services to delinquent children; (4) At least one member who holds a juris doctor degree
from an accredited college or university. (C) The initial
appointments of members of the release authority shall be for a
term of six years for the chairperson and one member, a term of
four years for two members, and a term of two years for one
member. Thereafter, members shall be appointed for six-year
terms. At the conclusion of a term, a member shall hold office
until the appointment and qualification of the member's
successor. The director shall fill a vacancy occurring before
the expiration of a term for the remainder of that term.
A member may be reappointed, but a member may serve no more than two
consecutive terms regardless of the length of the member's initial term. A
member may be removed for good
cause shown after a full and open hearing by the release
authority, if requested by the member, at which the member has
an opportunity to respond to the allegations that provide the
basis for a call for removal. (D) The director of youth services
shall designate as chairperson of the release authority one of
the members who has experience in criminal justice, juvenile
justice, or an equivalent relevant profession. The chairperson
shall have full authority over the administration and management
of the release authority, shall perform all duties and functions necessary to
ensure that the release authority discharges its responsibilities, and shall
act as the appointing
authority for all staff of the release authority. The
chairperson shall employ staff as necessary to carry out the
duties of the release authority, including hearing
representatives to participate in the hearing of cases on review
and persons to provide administrative support. The chairperson
shall serve as the official spokesperson for the release
authority. (E) A majority of the
members of the release authority shall constitute a quorum for
transacting the official business of the authority. The actions of
the release authority shall be determined by a majority
vote of the quorum. (F) The release
authority shall do all of the following: (1) Serve as the final and sole authority for making
decisions, in the interests of public safety and the children
involved, regarding the release and
discharge of all children committed to the legal custody of the
department of youth services, except children placed on judicial
release or early release by a juvenile court, children who have
not completed a prescribed minimum period of time or prescribed period of time
in a secure facility, or children who are required to remain in a secure
facility until they attain twenty-one years of age; (2) Establish written policies and procedures for conducting a
periodic review of the status of each child in the custody of
the department, setting or modifying dates of release and
discharge for each child, specifying the duration, terms, and
conditions of release to be carried out in supervised release subject to the
addition of additional consistent terms and conditions by a court in
accordance with section 5139.51 Of the Revised Code,
and giving a child notice of all reviews; (3) Maintain records of its official actions,
decisions, orders, and hearing summaries and make the records
accessible in accordance with division
(D) of section 5139.05 Of the Revised Code; (4) Cooperate with public and private agencies,
communities, private groups, and individuals for the development
and improvement of its services; (5) Collect, develop, and maintain statistical
information regarding its services and decisions; (6) Submit to the director an annual report that includes
a description of the operations of the release authority, an evaluation
of its effectiveness, recommendations for statutory, budgetary,
or other changes necessary to improve its effectiveness, and any
other information required by the director; (7) Adopt rules and written policies and procedures to
govern its operations. (G) The release
authority may do any of the following: (1) Conduct inquiries, investigations, and reviews
and hold hearings and other proceedings necessary to properly
discharge its responsibilities; (2) Issue subpoenas, enforceable in a court of law, to
compel a person to appear, give testimony, or produce
documentary information or other tangible items relating to a
matter under inquiry, investigation, review, or hearing; (3) Administer oaths and receive testimony of persons
under oath; (4) Request assistance, services, and information from
a public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and information from
the public agency in a reasonable period of time; (5) Request from a public agency or any other entity that
provides or has provided services to a child committed to the
department's legal custody information to enable the release
authority to properly discharge its responsibilities with
respect to that child and receive the information from the public agency or
other entity in a reasonable period of time; (6) Require that the terms and conditions of a child's supervised
release be enforced during the period of supervised release
until discharge; (7) Order the arrest of a child on
supervised release
who may be subject to revocation of release; (8) Exercise any other powers necessary to discharge
its responsibilities. (H) The release authority shall adopt specific written policies
governing the discharge
of its responsibilities either by the full membership of the
authority or by the delegation of authority to one or more
members of the release authority or to hearing representatives.
The policy shall require that a hearing be conducted by not
fewer than two members of the release authority, two hearing
representatives, or a combination of a member of the authority and a hearing
representative. (I) The release
authority shall not delegate its authority to make final
decisions regarding policy or the release of a child. (J) The release authority shall adopt a written policy and
procedures governing appeals
of its release and discharge decisions. The policy shall provide that a child
may
appeal to the full release authority a decision denying release
or discharge made at a hearing
conducted by a panel that does not include all of the members of
the release authority. The policy also shall provide that if a
decision denying release or discharge
is made by the full release authority, the child may
request one appeal hearing at which the child shall be afforded
a final opportunity to present new or additional information
related to any of the reasons enumerated by the release authority in the
decision under appeal. The release authority shall consider an
appeal in accordance with the policy and procedure established
under this division. (K) The legal staff
of the department of youth services shall provide assistance, upon request,
to
the release authority in the formulation of policy and in its
handling of individual cases. The attorney general shall provide legal
representation for the release authority. The
department of youth services shall provide the release authority
with a budget sufficient to properly perform its obligations and
responsibilities, subject to administrative controls. Sec. 5139.51. (A) The release authority of the department of
youth services shall not release a child who is in the custody of the
department of youth services from institutional care or institutional care in
a secure facility and shall not discharge the child or order the child's
release on supervised release prior to the expiration of the prescribed
minimum period of institutionalization or institutionalization in a secure
facility or prior to the child's attainment of twenty-one years of age,
whichever is applicable under the order of commitment, other than as is
provided in division (A) of section 2151.38 Of the Revised Code. The release
authority shall conduct periodic reviews of the case of
each child who is in the custody of the department and who is eligible for
supervised release or
discharge after completing the minimum period of time or period of time in
an institution prescribed by the committing court. At least thirty days
prior to conducting a periodic review of the case of a child who was
committed
to the department regarding the possibility
of supervised release or discharge and at least thirty days prior to
conducting a discharge review under division (F) of this section,
the release authority shall give notice of the review to the court
that committed the child and to the prosecuting attorney in the case. The
court or prosecuting attorney
may submit to the release authority written comments regarding, or written
objections to, the supervised release or discharge of that child.
Additionally, if the child was committed for an act that
is a category one or category two offense, the court or
prosecuting attorney orally may communicate to a representative of the release
authority comments regarding,
or objections to, the supervised release or discharge of the
child or, if a
hearing is held regarding the possible release or discharge of
the child, may communicate those comments at the hearing.
In
conducting the review of the child's case regarding the possibility of
supervised release or discharge, the release authority shall
consider any comments and objections so submitted
or communicated by the court or prosecutor and any
statements or comments submitted or communicated under section
5139.56 of the Revised Code by a victim of an act for
which the child was committed to the legal custody of the
department or by the victim's representative of a victim of an act of that
type. The release authority shall determine the date on which a child may be
placed on supervised release or discharged.
If the release authority believes that a child should be
placed on supervised release, it shall comply with division
(B) of this section. If the
release authority believes that a child should be discharged, it
shall comply with division (C)
or (F) of this section. If the
release authority
denies the supervised release or discharge of a child, it shall provide the
child with a written record of the reasons for the
decision. (B)(1) When the release
authority decides to place a child on supervised release,
consistent with division (D) of
this section, it shall prepare a written supervised release plan
that specifies the terms and conditions upon which the child is
to be released from an institution on supervised release and, at
least thirty days prior to the release of the child on the
supervised release, shall send to the committing court and the
juvenile court of the county in which the child will be placed a
copy of the supervised release plan and the terms and conditions
that it fixes. The juvenile court of the county in which the
child will be placed, within fifteen days after its receipt
of the copy of the supervised release
plan, may add to the supervised release plan any additional
consistent terms and conditions it considers appropriate,
provided that the court may not add any term or condition that
decreases the level or degree of supervision specified by
the release authority in the plan, that substantially increases the
financial burden of supervision that will be experienced by the
department of youth services, or that alters the placement
specified by the release authority in the plan. If, within fifteen days after its receipt
of the copy of the release authority's supervised release plan, the
juvenile court of the county in which the child will be placed
does not add to the supervised release plan
any additional terms and conditions, the court shall enter the
release authority's supervised release plan in its journal
within that fifteen-day period and, within that fifteen-day period, shall send
to the release authority a copy of the journal entry of the supervised release
plan. The journalized plan shall apply regarding the child's
supervised release. If, within fifteen days after its
receipt of the copy of the release authority's supervised
release plan, the juvenile court of the county in which the
child will be placed adds to the supervised
release plan any additional terms and conditions, the court
shall enter the release authority's supervised release plan and the additional
terms and conditions in its journal
and, within that fifteen-day period, shall send to the release
authority a copy of the journal entry of the supervised release plan and
additional terms
and conditions. The
journalized supervised release plan and
additional terms and conditions added by the
court that satisfy the criteria described in this division shall apply
regarding the child's supervised release. If, within fifteen days after its receipt of the copy of
the supervised release plan, the juvenile court of the county in
which the child will be placed neither enters in its journal the
release authority's supervised release plan nor enters in its
journal the release authority's supervised release plan plus
additional terms and conditions added by the court, the failure
to enter the materials in the court's journal shall be
considered to be a constructive entry into the journal of the
release authority's supervised release plan, and the release
authority and any other person may rely on the constructive
journal entry to the same extent as if the court actually had
entered the release authority's supervised release plan in its
journal. (2) When the release authority
receives from the court a copy of the journalized supervised release plan
and, if applicable, a copy of the journalized additional terms and conditions
added by the court, the release authority shall
keep the original copy or copies in the
child's file and shall provide a copy of each document to
the child, the employee of the department who is assigned to
supervise and assist the child while on release, and the committing
court. (C) If a child who is in the custody of the department of
youth services was committed pursuant to division
(A)(4) or (5) of section
2151.355 of the Revised Code and has been
institutionalized or institutionalized in a secure facility for
the prescribed minimum periods of time under those divisions and
if the release authority is satisfied that the discharge of the
child without the child being placed on supervised release would
be consistent with the welfare of the child and protection of
the public, the release authority, without approval of the court
that committed the child, may discharge the child from its
custody and control without placing the child on supervised
release. Additionally, the department may discharge a child in its custody
without the child being placed on supervised release if the child is removed
from the jurisdiction of this state by a court order of a court of this
state, another state, or the United States, or
by any agency of this state, another state, or the United
States, if the child is convicted of or pleads guilty to any criminal
offense, or as otherwise provided by law. At
least fifteen days before the scheduled date of
discharge of the child without the child being placed on
supervised release, the department shall notify the committing
court, in writing, that it is going to discharge the child and of the reason
for the discharge.
upon discharge of the child without the child being placed on
supervised release, the department immediately shall certify the
discharge in writing and shall transmit the certificate of
discharge to the committing court. (D) In addition to
requirements that are reasonably related to the child's prior
pattern of criminal or delinquent behavior and the prevention of further
criminal or delinquent behavior, the release authority shall specify the
following requirements for each child whom it releases: (1) The child shall observe the law. (2) The child shall maintain appropriate contact, as
specified in the written supervised release document for that child, with the
employee of the department assigned to supervise and assist the
child. (3) If the child's residence changes, the child shall
notify the employee of the department assigned to supervise and
assist the child of the change and provide appropriate information regarding
the child's new residence address. (E) At any time while a child is on
supervised release, the release authority, in accordance with the procedures
set forth in this division, may modify
the terms and conditions
of the child's supervised release by increasing the degree of supervision,
substantially increasing the
financial burden of supervision to be experienced by the
department of youth services, or altering the placement of the
child. If the release authority wishes to modify the terms and conditions of
a child's supervised release in any of those manners, the release authority
shall issue a summons that requires
the child to appear for a hearing to determine whether the
modification shall be made. The summons shall contain a brief
statement of the desired modification and shall require the
child to appear for a hearing before the release authority at a
specified date, time, and place. The summons may be personally
served by an employee of the department of youth services or
otherwise served in a manner that is reasonably calculated to
assure notice of the hearing, including, but not limited to, by
delivering the summons to the child personally or leaving it at
the child's usual place of residence with a person of suitable
age and discretion who resides at that place. The release
authority shall regard the failure of a child to appear for the
hearing stated in the summons as a violation of the child's
supervised release. at the hearing, the release authority may
modify the terms and conditions of the child's supervised
release, other than the terms specified in division
(D) of this section, in any of the manners described in this
division.
If the
release authority modifies the terms and conditions, it shall
prepare a written statement that specifies the modifications, shall keep the
original of the written statement in the child's file,
promptly shall provide a copy of the written statement
to the child and the EMPLOYEE of the department who is
assigned to supervise and assist the child while on release, and
shall send a copy of the written statement
to the committing
court and the juvenile court of the county in which the child
has been placed. Within three business days after its receipt
of the written statement, the juvenile court of the county in
which the child has been placed shall enter the written
statement in its journal.
If, within three business days after its receipt of the
written statement, the juvenile court of the county in which the
child will be placed does not enter the written statement in its
journal, the failure to enter the written statement in the
court's journal shall be considered to be a constructive entry
of the written statement in the journal, and the release
authority and any other person may rely on the constructive
journal entry to the same extent as if the court actually had
entered the written statement in its journal.
Neither the committing court nor
the juvenile court of the county in which the child has been
placed may revise, or add to, the modifications contained in the
written statement. The modifications contained in the written
statement shall take effect three business days after the
receipt of the written statement by the juvenile court of the county in which
the child
has been placed. (F) The period of a
child's supervised release may extend from the date of release
from an institution until the child attains twenty-one years
of age. If the period of supervised release extends beyond one
year after the date of release or beyond one year after any minimum period or
period of
institutionalization required by law, the child may request in
writing that the release authority conduct a discharge review
after the expiration of the one-year period or the minimum
period or period. If the child so requests, the release authority shall
conduct a discharge review and give the child its decision in
writing. The release authority shall not grant a discharge prior to the
discharge date if it finds good cause for retaining the child in
the custody of the department until the discharge date. A child
may request an additional discharge review six months after the
date of a previous discharge review decision, but not more than
once during any six-month period after the date of a previous
discharge review decision. (G) At least two weeks before the release authority places on
supervised release
or discharges a child who was
committed to the legal custody of the department, the
release authority shall provide notice of the release or
discharge as follows: (1) In relation to the placement on supervised release of a
child who was committed to the department for committing an act
that is a category one or category two offense and in RELATION
to the discharge of a child who was committed to the department
for committing any act, the release authority shall notify, by
the specified deadline, all of the following of the release or
discharge: (a) The prosecuting attorney of the county in which the child was
adjudicated a delinquent child and committed to the custody of the
department; (b) Whichever of the following is applicable: (i) If upon the supervised release or discharge the child will
reside in a municipal corporation, the chief of police or other chief law
enforcement officer of that municipal corporation; (ii) If upon the supervised release or discharge the child will
reside in an unincorporated area of a county, the sheriff of that county. (2) In relation to the placement on supervised release or
discharge of a child who was committed to the department for
committing any act, the release authority shall notify, by the
specified deadline,
each victim of the act for which the child was
committed to the legal custody of the department who, pursuant
to section 5139.56 of the
Revised Code, has requested to be
notified of the placement of the child on supervised release or
the discharge of the child, provided that, if any victim
has designated a person pursuant to that section to act on the
victim's behalf as a victim's representative, the notification
required by this division shall be provided to that victim's
representative. Sec. 5139.52. (A) At any time during a child's supervised
release, if the
regional
administrator or the employee of the department assigned to
supervise and assist the child has reasonable grounds to believe that the
child has violated a term or condition of the supervised
release, the administrator or employee may request a court to issue a summons
that
requires the child to appear for a hearing to answer charges of
the alleged violation. The summons shall contain a brief
statement of the alleged violation, including the date and place
of the violation, and shall require the child to appear for a
hearing before the court at a specific date, time,
and place. (B)(1) At any time while a child is on supervised release,
a regional administrator or a designee of a
regional administrator, upon application as described in this division, may
issue, or cause to be issued, an order of
apprehension for the arrest of the child for the alleged violation of a
term or condition of the child's supervised release. An application
requesting an order
of apprehension shall
set
forth that, in the good faith judgment of the
regional administrator or designee making the application, there is reasonable
cause to
believe that the child who is on supervised release has violated
or is violating
a term or condition of the
child's supervised release, shall state the
basis for that belief, and shall request that the child be taken
to an appropriate place of secure detention pending a probable
cause determination.
As an alternative to an order of
apprehension for the child, a regional administrator or the employee of the
department assigned to supervise and assist the child may request a court to
issue a warrant for the arrest of the child. Subject to the provision of prior notice required by
division (D)(1) of this
section, if a regional
administrator or a designee of a regional administrator issues,
in writing, an order of apprehension for the arrest of a child,
a staff member of the department of youth services who has been
designated pursuant to division
(A)(1) of section 5139.53 of
the Revised
CODE as being authorized to
arrest and who has received the training described in division
(B)(1) of that section, or a
peace officer, as defined in section 2935.01 of the
Revised Code, may arrest the child,
without a warrant, and place the child in secure detention in
accordance with this section. If a child is on supervised release, any peace officer, as
defined in section 2935.01 of the
Revised Code, may arrest the child
without a warrant or order of apprehension if the peace officer
has reasonable grounds to believe that the child has violated or
is violating any of the following that has been prescribed by
the release authority relative to the child: (a) A condition that prohibits the
child's ownership, possession, or use of a firearm, deadly
weapon, ammunition, or dangerous ordnance, all as defined in
section 2923.11 of the Revised Code; (b) A condition that prohibits the
child from being within a specified structure or geographic
area; (c) A condition that confines the
child to a residence, facility, or other structure; (d) A condition that prohibits the
child from contacting or communicating with any specified
individual; (e) A condition that prohibits the
child from associating with a specified individual; (f) Any other rule, term, or
condition governing the conduct of the child that has been
prescribed by the release authority. (2) Subject to the provision of prior notice required by division
(D)(1) of this section, a staff member of the department of youth
services who is designated by the director pursuant
to division (A)(1) of section 5139.53 Of the Revised Code and who has received the
training described in division (B)(1) of that section, a peace
officer, as defined in section 2935.01 Of the Revised Code, or any
other officer with the power to arrest may execute a warrant or order of
apprehension
issued under division (B)(1) of this section and take the child into
secure
custody. (C) A staff member of the department of youth services who is
designated by the director of youth services pursuant to division
(A)(1) of section
5139.53 Of the Revised Code and who has received the training described in division
(B)(1) of that section, a peace officer, as defined in section
2935.01 Of the Revised Code, or any
other officer with the power to arrest may arrest without a
warrant or order of apprehension and take into secure custody a child in the
legal
custody of the department, if the staff member, peace officer, or other
officer has reasonable cause to believe that the child who is on supervised
release has violated or is violating a term or condition of the supervised
release in any of the following
manners: (1) The child committed or is committing an
offense or delinquent act in the presence of the staff member, peace officer,
or
other officer. (2) There is probable cause to believe that the child
violated a term or condition of supervised release and that
the child is leaving or is about to leave the state. (3) The child failed to appear before the release
authority pursuant to a summons for a modification or failed to
appear for a scheduled court hearing. (4) The arrest of the child is necessary to prevent
physical harm to another person or to the child. (D)(1) Except as otherwise provided in this division, prior
to arresting a child under this section, either in relation to
an order of apprehension or a warrant for arrest or in any other
manner authorized by this section, a staff member or employee of
the department of youth services shall provide notice of the anticipated
arrest to each
county, municipal, or township law enforcement agency with
jurisdiction over the place at which the staff member or
employee anticipates making the arrest.
A staff member or employee
is not required to provide the notice described in this division
prior to making an arrest in any emergency situation or
circumstance described under division
(C) of this section. (2) An employee of the
department assigned to supervise and assist a child while on supervised
release or another staff member designated by the director of
youth services pursuant to division (A)(1) of section 5139.53 Of the Revised Code,
as appropriate, promptly
shall notify the release authority in writing when a summons, order of
apprehension, or
warrant is served or an arrest is made pursuant to this section and shall
specify in detail the factual allegations of the manner in which the child
allegedly has
violated the terms and
conditions of supervised release. (3) If a peace officer, as defined in section 2935.01 of
the Revised Code, or any other officer with
the power to arrest arrests a child under this section, the
arresting officer or the department or law enforcement agency
served by the arresting officer, promptly after the arrest,
shall notify the release authority that the child has been
arrested and shall provide to the authority or to an employee of
the department of youth services a copy of the arrest
information pertaining to the arrest. (4) Nothing in this section limits
the power to make an arrest that is granted to
specified peace officers under section 2935.03 of the
Revised Code, to any person under
section 2935.04 of the Revised Code,
or to any other specified category of persons by any other provision of the
Revised Code, or the power to take a
child into custody that is granted pursuant to section 2151.31
of the Revised Code. (E) If a child who is on
supervised release is arrested under an order of APPREHENSION,
under a warrant, or without a warrant as described in division
(B)(1),
(B)(2), or
(C) of this section and taken
into secure custody, all of the following apply: (1) If no MOTION to revoke the child's
supervised release has been filed within seventy-two hours after
the child is taken into secure custody, the juvenile court, in
making its DETERMINATIONS at a detention hearing
as to whether to hold the child in secure custody up to seventy-two hours so
that a motion to revoke the child's supervised release may be filed, may
consider, in
addition to all other evidence and INFORMATION considered, the
circumstances of the child's arrest and, if the arrest was
pursuant to an order of APPREHENSION, the order and the
APPLICATION for the order. (2) If no motion to revoke the child's supervised RELEASE
has been filed within seventy-two hours after the child is taken
into secure CUSTODY and if the child has not otherwise been
released prior to the EXPIRATION of that seventy-two-hour
period, the child shall be released upon the EXPIRATION of that
seventy-two-hour period. (3) If the person
is eighteen, nineteen, or twenty
years of age, the person may be confined in secure detention in the jail of
the
COUNTY in which the person is taken into custody. if the person
is under
eighteen years of age, the person may be confined in secure detention in the
nearest
juvenile detention facility. (4) If a motion to revoke the child's supervised release is
filed after the child has been taken into secure custody and the
court decides at the DETENTION hearing to release the child from
secure custody, the court may release the child on the same
terms and conditions that are currently in effect regarding the
child's supervised release, pending revocation or subsequent
MODIFICATION. (F) if a child who is on
supervised release is arrested under an order of APPREHENSION,
under a warrant, or without a warrant as described in division
(b)(1),
(b)(2), or
(c) of this section and taken
into secure custody, and if a MOTION to revoke the child's
supervised release is filed, the juvenile court of the county in
which the child is placed promptly shall schedule a time for a
hearing on whether the child violated any of the
terms and conditions of the supervised release. If a child is released on
supervised
release and the juvenile court of the county in which the child
is placed otherwise has reason to believe that the child has not
complied with the terms and conditions of the supervised
release, the court of the county in which the child is placed,
in its discretion, may schedule a time for a hearing on whether
the child violated any of the terms and conditions of the
supervised release. If the court of the county in which the
child is placed on supervised release conducts a hearing and
determines at the hearing that the child did not violate any
term or condition of the child's supervised release, the child
shall be released from custody, if the child is in custody at
that time, and shall continue on supervised release under the
terms and CONDITIONS that were in effect at the time of the
child's arrest, subject to subsequent REVOCATION or
MODIFICATION. If the court of the county in which the child is
placed on supervised release conducts a hearing and determines
at the hearing that the child violated one or more of the terms
and conditions of the child's supervised release, the court, if
it determines that the violation was a SERIOUS violation, may
revoke the child's supervised release and order the child to be
returned to the department of youth services for
institutionalization or, in any case, may make any other
DISPOSITION of the child authorized by law that the court
CONSIDERS proper. if the court orders the child to be returned
to a department of youth services INSTITUTION, the child shall
remain INSTITUTIONALIZED for a minimum period of thirty days,
the department shall not reduce the minimum thirty-day period of
INSTITUTIONALIZATION for any time that the child was held in
secure CUSTODY subsequent to the child's arrest and pending the
REVOCATION hearing and the child's return to the department,
the release authority, in its discretion, may require the child
to remain in institutionalization for longer than the MINIMUM
thirty-day period, and the child is not eligible for judicial release or early
release during the minimum thirty-day period of institutionalization or any
period of institutionalization in excess of the minimum thirty-day period. Sec. 5139.53. (A)(1) The
director of youth services shall designate certain employees of
the department of youth services, including regional
administrators, as persons who are authorized,
IN ACCORDANCE WITH
SECTION 5139.52 OF THE REVISED CODE, to execute an order of
apprehension or a warrant for, or otherwise to arrest, CHILDREN IN THE CUSTODY
OF
THE DEPARTMENT WHO ARE VIOLATING OR ARE ALLEGED TO HAVE VIOLATED THE TERMS AND
CONDITIONS OF SUPERVISED RELEASE. (2) THE DIRECTOR of youth services shall designate SOME OF THE EMPLOYEES
designatED UNDER DIVISION (A)(1) OF THIS
SECTION as employees authorized TO CARRY A FIREARM ISSUED BY THE
DEPARTMENT WHILE ON DUTY FOR THEIR PROTECTION IN CARRYING OUT OFFICIAL DUTIES. (B)(1) An employee of the department designated by the
director pursuant to division
(A)(1) of this section as
having the authority to execute orders of apprehension or
warrants and to arrest children as described in that division
shall not undertake an arrest until the employee has
successfully completed training courses regarding the making of
arrests by employees of that nature that are developed in cooperation with
and approved by the executive director of the
Ohio peace officer training
commission. The courses shall include, but shall not be limited
to, training in arrest tactics, defensive tactics, the use of
force, and response tactics. (2) The director of youth
services shall develop, and shall submit to the governor for the
governor's approval, a deadly force policy for the department.
the deadly force policy shall require each employee who is
designated under division
(a)(2) of this section to carry
a firearm in the discharge of official duties to receive
training in the use of deadly force, shall specify the number of
hours and the general content of the training in the use of
deadly force that each of the designated employees must receive,
and shall specify the procedures that must be followed after the
use of deadly force by any of the designated employees. upon
receipt of the policy developed by the director under this
division, the governor, in writing, promptly shall approve or
disapprove the policy. if the governor, in writing, disapproves
the policy, the director shall develop and resubmit a new policy
under this division, and no employee shall be trained under the
disapproved policy. if the governor, in writing, approves the
policy, the director shall adopt it as a department policy and
shall distribute it to each employee designated under
(a)(2) of this section to carry
a firearm in the discharge of official duties. An employee designated by the
director pursuant to division
(A)(2) of this section to carry a firearm in the discharge of
official duties shall not carry a firearm until the employee has successfully
completed both of the following: (a) Training in the use of deadly force that
comports with the policy approved by the governor and developed
and adopted by the director under division
(B)(2) of this section. the
training required by this division shall be conducted at a
training school approved by the
ohio peace officer training
commission and shall be in addition to the training described in
divisions (B)(1) and
(2)(b) of this section that the employee
must complete prior to undertaking an arrest and separate from
and independent of the training required by division
(b)(2)(b)
of this section. (b) A basic firearm training
program that is conducted at a training school approved by the
Ohio peace officer training
commission and that is substantially similar to the basic firearm
training program for peace officers conducted at the
Ohio peace officer training
academy and has received a certificate of satisfactory completion of
that program from the executive director of the
Ohio peace officer training
commission. The training described in this division that
an employee must complete prior to carrying a firearm shall be
in addition to the training described in division
(B)(1) of this section that the
employee must complete prior to undertaking an arrest. (C) After receipt of
a certificate of satisfactory completion of a basic firearm
training program, to maintain the right to carry a firearm in
the discharge of official duties, an employee authorized under this section to
carry a firearm shall successfully complete a firearms
requalification program in accordance with section 109.801 Of the Revised Code. (D) Each employee
authorized to carry a firearm shall give bond to the state to be
approved by the clerk of the court of common pleas in the county
of that employee's residence. The bond shall be in the sum of
one thousand dollars, conditioned to save the public harmless by
reason of the unlawful use of a firearm. A person injured or the family of a
person killed by the employee's improper use of a firearm may have recourse on
the bond. (E) In addition to the deadly force policy adopted under division
(B)(2) of this section, the director of
youth services shall establish policies for the carrying and use
of firearms by the employees that the director designates under
this section. Sec. 5139.54. (A) Notwithstanding any other provision for
determining when a child
shall be released or discharged from the legal custody of the
department of youth services, including jurisdictional provisions in section
2151.38 Of the Revised Code, the release authority, for medical
reasons, may release a child upon supervised release or
discharge the child from the custody of the department when any
of the following applies: (1) The child is terminally ill or otherwise in
imminent danger of death. (2) The child is incapacitated due to injury, disease,
illness, or other medical condition and is no longer a threat to
public safety. (3) The child appears to be a mentally ill person
subject to hospitalization by court order, as defined in section 5122.01 Of the Revised Code,
or a mentally retarded person
subject
to institutionalization by court order, as defined in section 5123.01
Of the Revised Code. (B) When considering
whether to release or discharge a child under this section for medical
reasons, the
release authority may request additional medical information
about the child or may ask the department to conduct additional
medical examinations. (C) The release
authority shall determine the appropriate level of supervised
release for a child released under this section. The terms and conditions of
the release may require periodic medical reevaluations as appropriate. Upon
granting
a release or discharge under this section, the release authority
shall give notice of the release and its terms and conditions or
of the discharge to the court that committed the child to the
custody of the department. (D) The release
authority shall submit annually to the director of youth
services a report that includes all of the following information
for the previous calendar year: (1) The number of children the release authority considered for
medical release or discharge; (2) The nature of the injury, disease, illness, or other medical condition
of each child considered for medical release or
discharge; (3) The decision made by the release authority for each child,
including the reasons for denying medical release or discharge
or for granting it; (4) The number of children on medical release who were
returned to a secure facility or whose supervised release was
revoked. Sec. 5139.55. (A)(1) The
office of victims' services is hereby created within the release
authority of the department of youth services. The office of
victims' services shall provide assistance to victims,
victims' representatives, and members of a victim's family. The assistance
shall include, but shall not be limited to,
all of the following: (a) if the court has provided the
name and ADDRESS of the victims of the child's acts to the
department of youth services, NOTIFICATION that the child has
been committed to the department, NOTIFICATION of the right of
the victim or another authorized person to designate a person as a victim's
representative
under section 5139.56 of the
Revised Code and of the ACTIONS that
must be taken to make that DESIGNATION, and notification of the
right to be notified of release reviews, pending RELEASE
hearings, REVOCATION reviews, and discharge reviews related to
that child and of the right to participate in release proceedings
under that section and of the ACTIONS that must be taken to
exercise those RIGHTS; (b) The provision of information about the policies
and procedures of the department of youth services and the status of
children in the legal custody of the department. (2) The office
shall make available publications to assist victims in
contacting staff of the department about problems with children
on supervised release or in a secure facility. (B) The office of
victims' services shall employ a victims coordinator who shall
administer the duties of the office. The victims coordinator
shall be in the unclassified civil service and, as a managing
officer of the department, shall report directly to the
chairperson of the release authority. The office shall employ
other staff members to assist the members of the release
authority and hearing representatives in identifying victims'
issues, ensure that the release authority upholds the provisions
of section 5139.56 Of the Revised Code, and make recommendations
to the release authority in accordance with policies adopted by
the department. The chairperson of the release authority shall
approve the hiring of the employees of the office. (C) The office of
victims' services shall coordinate its activities with the
chairperson of the release authority. The victims coordinator
and other employees of the office shall have full access to the
records of children in the legal custody of the department in accordance with
division (D) of section 5139.05 Of the Revised Code. Sec. 5139.56. (A) The victim of an act for which a child has
been committed to the
legal custody of the department of youth services may submit a written request
to the release authority to notify the victim of
all release reviews, pending release hearings, supervised release revocation
hearings, and discharge reviews relating to
the
child, of the placement of the child on supervised release,
and of the
discharge of the child. If the victim is a minor, is incapacitated,
incompetent,
or chooses to be represented by another person, the
victim may designate in writing a person to act on the victim's behalf as a
victim's representative and to request and receive the notices.
if the victim is deceased, the executor or administrator
of the victim's estate or, if there is no executor or
administrator of the victim's estate, a member of the
victim's family may designate in writing a person to act on the victim's
BEHALF as a
VICTIM'S representative and to request and receive the
notices. If more than one person seeks to act as the representative of
the victim, the release authority shall designate one person to
act as the victim's representative. If the victim chooses not
to have a representative, the victim shall be the sole person
accorded rights under this section. The release authority may
give notice by any means reasonably calculated to provide prompt
actual notice. if a victim, an executor or administrator, or a
member of a victim's family designates a person in writing pursuant to this
division to
act on the victim's behalf as a victim's representative, the
victim, executor, administrator, or family member, or the
victim's representative, shall notify the release authority that
the victim's representative is to act for the victim. a victim,
executor, administrator, or member of a victim's family who has
designated a person in writing pursuant to this division to act on the
victim's behalf as a victim's representative may revoke the
authority of that person to act as the victim's representative.
Upon the REVOCATION, the victim, executor, administrator, or
member of the victim's family shall notify the release authority in writing
that
the authority of the person to so act has been revoked. at any
time after the REVOCATION, the victim, executor, administrator,
or member of the victim's family may designate in writing a different person
to
act on the victim's behalf as a victim's representative. The victim or victim's representative shall provide the
release authority an address or telephone number at which notice
may be given and shall notify the release authority in writing of any
changes in that information. If at any time the victim or
victim's representative elects to waive notice and other rights
afforded by this section, the victim or victim's representative
may do so in a written statement to the release
authority. (B) If a victim or
victim's representative has requested notice of release reviews, pending
release hearings,
supervised release REVOCATION hearings, and discharge
reviews related to a child, of the placement of the child on
supervised release,
and of the discharge of the child,
the release authority shall give that person notice of a release review,
release hearing, or discharge review
at least thirty days prior to the date of the review or hearing. The
notice shall specify the date, time,
and place of the review or hearing, the right of the victim or victim's
representative to make an oral or written statement addressing the impact of
the offense or delinquent act upon
the victim
or oral or written comments regarding the possible release
or discharge, and, if the notice pertains to a hearing, the
right to attend, and make the statements or comments at the
hearing. Upon receiving notice that a release hearing
is scheduled, a victim or victim's representative who intends to attend the
release hearing, at least
two days prior to the hearing, shall notify the release
authority of the victim's or representative's intention to be
present at the release hearing so that the release authority may ensure
appropriate accommodations and security. if the child is placed on supervised
release or is
discharged, the release authority shall provide notice of the
release or discharge to the victim or victim's representative in
accordance with division (G) of
section 5139.51 of the Revised Code. if the child is on
supervised release, if a court has scheduled a hearing pursuant
to division (f) of section
5139.52 of the Revised Code to consider the REVOCATION
of the supervised release, and if the release authority has been
informed of the hearing, the release authority promptly shall
notify the victim or victim's representative of the date, time,
and place of the hearing. (C) If a victim or
victim's representative has requested notice of release
reviews, pending release hearings, supervised release
REVOCATION hearings, and discharge reviews related to a child,
of the placement of the child on supervised release,
and of
the discharge of the child, and if a release review, release
hearing, or discharge review is scheduled or pending,
the release
authority shall give that person an
opportunity to provide a written statement or communicate orally
with a representative of the release authority regarding the possible
release or discharge or to make
oral or written comments regarding the possible release or
discharge to a representative of the release authority,
regardless of whether the victim or victim's representative is
present at a hearing on the matter. If a victim or
victim's representative is present at a release hearing, the authority
shall give that person an opportunity to make the oral or written
statement or comments at the hearing. The oral or written statement and
comments may address the impact of the offense or delinquent act upon the
victim, including the nature and extent of any harm suffered,
the extent of any property damage or economic loss, any
restitution ordered by the committing court and the progress the
child has made toward fulfillment of that obligation, and the
victim's recommendation for the outcome of the release
hearing. A written statement or written comments submitted by a victim or a
victim's
representative under this section are confidential, are not a public record,
and
shall be
returned to the release authority at the end of a release
hearing by any person who receives a copy of them. At a release hearing before the release authority, a victim or
victim's representative may be accompanied by another person for
support, but that person shall not act as a victim's
representative. The release authority and other employees of
the department of youth services shall make reasonable efforts
to minimize contact between the child and the victim, victim's
representative, or support person before, during, and after the
hearing. The release authority shall use a separate waiting
area for the victim, victim's representative, and support person
if a separate area is available. (D) At no time shall
a victim or victim's representative be compelled to disclose the
victim's address, place of employment, or similar identifying
information to the child or the child's parent or legal
guardian. Upon request of a victim or a victim's representative, the release
authority shall keep in its files only the address or telephone number to
which it shall send notice of a release review, pending release hearing,
supervised release revocation hearing, discharge review, grant of supervised
release, or discharge. (E) No employer shall
discharge, discipline, or otherwise retaliate against a victim
or victim's representative for participating in a hearing before
the release authority. This division generally does not require
an employer to compensate an employee for time lost as a result
of attendance at a hearing before the release authority. (F) The release
authority shall make reasonable, good faith efforts to comply
with the provisions of this section. Failure of the release
authority to comply with this section does not give rise to a
claim for damages against the release authority and does not
require modification of a final decision by the release
authority. (G) If a victim is in
the legal custody of the department of youth services and
resides in a secure facility or in another secure residential program,
including a community corrections facility, or is incarcerated,
the release authority may modify the victim's rights under this
section to prevent a security risk, hardship, or undue burden
upon a public official or agency with a duty under this section. If the
victim resides in another state under similar
circumstances, the release authority may make similar
modifications of the victim's rights. SECTION 2 . That existing sections 109.801, 181.26, 2151.312, 2151.355,
2151.38,
5139.01, 5139.04, 5139.05, 5139.06, 5139.07, 5139.08, 5139.18,
5139.20, 5139.35, 5139.38, and 5139.43 of the Revised
Code are hereby repealed.
SECTION 3 . Sections 1 and 2 of this act, except for section 181.26 of the
Revised Code, as amended by this act, and except for
section 5139.50 of the Revised Code, as enacted by this act, shall take effect
July 1, 1998. Section 181.26, as amended by this act, shall take effect on
the earliest date permitted by law. Section 5139.50 of the Revised Code, as
enacted by this act, shall take effect January 1, 1998.
SECTION 4 . Section 2151.312 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 265 and Am. Sub. H.B. 124 of the 121st General
Assembly, with the new language of
neither of the acts shown in capital letters.
Section 5139.20 of the Revised Code is presented in this act
as a composite of the section as amended by
both Am. Sub. S.B. 2 and Am. Sub. H.B. 1 of the 121st General
Assembly, with the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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