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As Reported by the Senate Judiciary Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 526 |
REPRESENTATIVES CLANCY-TIBERI-COUGHLIN-PADGETT-CATES-GARCIA-
COLONNA-VAN VYVEN-LEWIS-THOMAS-ROMAN-WESTON-NETZLEY-O'BRIEN-
TAYLOR-JONES-PRINGLE-BOYD-LUCAS-FORD-CALLENDER-MYERS-
WILLAMOWSKI-MASON-WINKLER-TERWILLEGER-BATEMAN-REID-
GRENDELL-SALERNO-BRADING-CORE-HOUSEHOLDER-JOHNSON-
GARDNER-OPFER-DAMSCHRODER-BENDER-JOLIVETTE-MOTTL-
PATTON-VESPER-HARRIS-OLMAN-
SENATORS BLESSING-LATTA
A BILL
To amend sections 2151.315, 2151.355, 2151.38, 2901.07, 5139.01, 5139.02,
5139.04, 5139.05, 5139.18, 5139.36, 5139.42, 5139.50, 5139.51, 5139.52,
5139.53, and 5139.56 of
the Revised Code to expand the
circumstances under which a DNA specimen must be taken
from a convicted
offender or adjudicated delinquent
child, to clarify, conform, or revise certain provisions of the Juvenile Court
Law and Department of Youth Services Law that were enacted in or affected by
Am. Sub. H.B. 1 of the 122nd General Assembly, to reestablish the authority of
a juvenile court judge to place a public safety bed delinquent child in a
community corrections facility, and to maintain the provisions
of this act on and after January 1, 1999, by amending the version of section
2151.355 of the Revised Code that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.315, 2151.355, 2151.38, 2901.07, 5139.01,
5139.02, 5139.04, 5139.05, 5139.18, 5139.36, 5139.42, 5139.50, 5139.51,
5139.52, 5139.53, and
5139.56 of the Revised Code be amended
to read as follows:
Sec. 2151.315. (A) As used in this section, "DNA
analysis" and "DNA specimen" have the same meanings as in section
109.573 of the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for committing an act
listed in division (D) of this section and who is committed to the custody of
the department of youth services or to a school, camp, institution,
or other facility for delinquent children described in division
(A)(3) of section 2151.355 of the Revised Code shall submit to a DNA
specimen collection procedure administered by the director of youth services
if committed to the department or by the chief administrative
officer of the school, camp, institution, or other facility for
delinquent children to which the child was committed. If the
court commits the child to the department of youth services, the
director of youth services shall cause the DNA specimen to be
collected from the child during the intake process at an institution
operated by or under the control of the department. If the
court commits the child to a school, camp, institution, or other
facility for delinquent children, the chief administrative
officer of the school, camp, institution, or facility to which
the child is committed shall cause the
DNA specimen to be collected
from the child during the intake process for the school, camp,
institution, or facility. In accordance with division (C) of this section,
the director or the chief administrative officer
shall cause the
DNA
specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected
from the child in accordance with division
(C) of this section.
(2) If a child is adjudicated a delinquent child for
committing an act
listed in division (D) of this section, is committed to the
department of youth
services or to a school, camp, institution, or other facility for
delinquent children, and does not submit to a DNA
specimen collection
procedure pursuant to division (B)(1) of this section, prior to the child's
release from the custody of the department of
youth services or from the custody of the school, camp,
institution, or facility, the child shall submit to, and the
director of youth services or the chief administrator of the
school, camp, institution, or facility to which the child is
committed shall administer, a DNA specimen collection
procedure at the institution operated by or under the control of
the department of youth services or at the school, camp, institution, or
facility to which the child is committed. In accordance with
division (C) of this section, the director or the
chief
administrative officer shall cause the DNA
specimen to be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the collection of
the DNA specimen. The DNA specimen shall be collected in
accordance with division (C) of this section.
(C) A physician, registered nurse,
licensed practical nurse, duly licensed clinical laboratory technician, or
other qualified medical practitioner shall collect in a medically approved
manner the DNA specimen required to be collected pursuant to division
(B) of this section. No later than fifteen days after the date of
the collection of the DNA specimen, the
director of youth services or the chief
administrative officer of the school, camp, institution, or
other facility for delinquent children to which the child is
committed shall cause the DNA
specimen to be forwarded to the bureau of criminal
identification and
investigation in accordance with procedures established by the
superintendent
of the bureau under division (H) of section 109.573 of
the Revised Code. The bureau shall provide the
specimen vials, mailing tubes, labels, postage, and instruction
needed for the collection and
forwarding of the DNA specimen to the bureau.
(D) The director of youth services and the chief administrative
officer of a school, camp, institution, or other facility for delinquent
children shall cause a DNA specimen to be collected in accordance
with divisions (B) and (C) of this section from each child
in its custody who is adjudicated a delinquent child for committing any
of the following
acts:
(1) A violation of section 2903.01, 2903.02, 2905.01,
2907.02, 2907.03, 2907.04, 2907.05, or
2911.11 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section 2907.02, 2907.03,
2907.04, or
2907.05 of the Revised Code or to commit a violation of
section 2907.12 of the Revised Code as it existed prior to September 3,
1996;
(4) A violation of any law that arose out of the same
facts and
circumstances and
same act as did a charge against the child of a violation
of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.04,
or 2907.05, OR 2911.11 of the Revised Code
that previously was dismissed OR AMENDED or as did a charge against the
child of a violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996, that previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the
Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation been committed prior to that date.
(E) The director of youth services and the chief administrative
officer of a school, camp, institution, or other facility for delinquent
children is not required to comply with this section until the superintendent
of the
bureau of criminal identification and investigation gives agencies in the
juvenile justice system, as defined in section 181.51 of the Revised Code, in
the state
official notification that the
state DNA laboratory is prepared to accept DNA
specimens.
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 of the
following:
(a) A state
correctional institution, a county, multicounty, or municipal jail
or workhouse, or another OTHER place in which an adult
convicted of a crime, under arrest, or charged with a crime is held;
(b) A community corrections facility,
if the child would be covered by the definition of public safety
beds for purposes of sections 5139.41 to 5139.45 of the
Revised Code if the court exercised its
authority to commit 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 this section. As used in division (A)(12)(b)
of this section, "community corrections facility" and "public
safety beds" have the same meanings as in section 5139.01 of the
Revised Code.
(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 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, 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. The court
also shall complete the form for the standard predisposition
DISPOSITION 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.
(M) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY
1, 1999.
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), (C), and (G) of
this section. 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.
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 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, 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 with 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. IF A CHILD IS GRANTED A JUDICIAL
RELEASE, THE JUDICIAL RELEASE DISCHARGES THE CHILD FROM THE CUSTODY OF THE
DEPARTMENT OF YOUTH SERVICES.
(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 the child from institutional
care or institutional care in a secure facility, it shall request the court
that committed the child for an early release from institutional
care or institutional care in a secure facility.
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 also may request the
court that committed the child to grant an early release. Upon the
receipt of a request 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
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 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.
(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, 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
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
(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,
WITHIN FIFTEEN DAYS AFTER ITS RECEIPT OF THE COPY OF THE TREATMENT AND
REHABILITATION PLAN, 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.
(3) IF THE COURT APPROVES OR GRANTS
AN EARLY RELEASE FOR A CHILD UNDER DIVISION
(C)(1) OR (2) OF THIS SECTION,
THE ACTUAL DATE ON WHICH THE DEPARTMENT OF YOUTH SERVICES SHALL
RELEASE THE CHILD FROM INSTITUTIONAL CARE OR INSTITUTIONAL CARE
IN A SECURE FACILITY IS CONTINGENT UPON THE DEPARTMENT FINDING A
SUITABLE PLACEMENT FOR THE CHILD. IF THE CHILD IS TO BE
RETURNED TO THE CHILD'S HOME, THE DEPARTMENT SHALL RETURN THE
CHILD TO THE HOME ON THE DATE THAT THE COURT SCHEDULES FOR THE
CHILD'S RELEASE OR SHALL BEAR THE EXPENSE OF ANY ADDITIONAL TIME
THAT THE CHILD REMAINS IN INSTITUTIONAL CARE OR INSTITUTIONAL
CARE IN A SECURE FACILITY. IF THE CHILD IS UNABLE TO RETURN TO
THE CHILD'S HOME, THE DEPARTMENT SHALL EXERCISE REASONABLE
DILIGENCE IN FINDING A SUITABLE PLACEMENT FOR THE CHILD, AND THE
CHILD SHALL REMAIN IN INSTITUTIONAL CARE OR INSTITUTIONAL CARE
IN A SECURE FACILITY WHILE THE DEPARTMENT FINDS THE SUITABLE
PLACEMENT.
(D) If a child is released under 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's deportment is not
in accordance with the post-release terms and conditions
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 to
determine whether
the child violated any of the post-release terms and conditions,
AND, IF THE CHILD WAS RELEASED UNDER DIVISION (C) OF THIS SECTION,
DIVISIONS (A) TO (E) OF SECTION 5139.52 OF THE
REVISED CODE APPLY REGARDING THE CHILD. If
that court
determines at the hearing that the child violated any of the
post-release terms and conditions, 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
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
supervised release
revocation program.
(E) The department of youth services, prior to the release
of a child pursuant to division (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 (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 (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 (C) of
this section;
(4) File a copy of the treatment plan prepared pursuant to
division (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.
(F) The department of youth services shall file a written
progress report with the committing court regarding each child
released pursuant to division (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. 2901.07. (A) As used in this section:
(1) "DNA analysis" and "DNA specimen" have the same
meanings as in section 109.573 of the Revised Code.
(2) "Jail" and "community-based correctional facility" have the
same meanings as in section 2929.01 of the Revised Code.
(3) "Post-release control" has the same meaning as in section
2967.01
of the Revised Code.
(B)(1) A person who is convicted of or pleads
guilty to a felony offense listed in division
(D) of this section and who is
sentenced to a prison term or to a community residential sanction in a jail
or community-based correctional facility pursuant to section 2929.16 of the
Revised Code, and
a person who is convicted of or pleads guilty to a misdemeanor offense listed
in division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a
DNA specimen collection
procedure administered by the director of rehabilitation and
correction or the chief administrative officer of the jail or other
detention facility in which the person is serving the
term of imprisonment. If the person serves the prison
term in a state correctional institution, the
director of rehabilitation and correction shall cause the
DNA specimen to be collected from the person during the intake
process at the reception
facility designated by the director. If the person serves the
community residential sanction or term of imprisonment in a jail, a
community-based correctional facility, or another county, multicounty,
municipal,
municipal-county, or multicounty-municipal detention facility, the chief
administrative officer of the jail,
community-based correctional facility, or detention
facility shall cause the
DNA specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or
detention facility. In accordance with
division (C) of this section, the director or
the chief administrative officer shall cause the
DNA specimen to be forwarded to the bureau of criminal identification
and investigation no later than fifteen days after the date of the collection
of the DNA specimen. The DNA specimen shall be collected in
accordance with division (C) of this section.
(2) If a person is convicted of or pleads guilty to
an offense listed in division (D) of this section, is
serving
a prison term, community residential sanction, or term of imprisonment
for that offense, and does not provide a DNA
specimen pursuant to division (B)(1) of this section, prior to the person's
release from the prison term, community residential sanction, or
imprisonment, the
person shall submit to, and THE director of rehabilitation and
correction or the chief administrative officer of the jail, community-based
correctional facility, or detention facility in which the person is serving
the
prison term, community residential sanction, or term of imprisonment
shall administer, a DNA specimen collection
procedure at the state correctional institution, jail, community-based
correctional facility, or detention facility in which the person is serving
the prison term, community
residential sanction, or term of imprisonment. In
accordance with division
(C) of this section, the director or
the chief administrative officer shall cause the DNA specimen to be
forwarded to the
bureau of criminal identification and investigation no later than fifteen days
after the date of the collection of the DNA specimen. The
DNA specimen shall be collected in accordance with division (C)
of this section.
(3) If a person serving a prison term or community
residential sanction for a felony is released on parole,
under transitional control, or
on another type of release or is on post-release control,
if the person is
under the supervision of the adult parole
authority, if the person is returned to a jail, community-based
correctional facility, or state correctional institution for a violation
of
the terms and conditions of the parole,
transitional control, other
release, or post-release control, if the person was or will be serving
a prison term or community residential
sanction for
committing an offense listed in division
(D) of this section, and if the person did
not provide a DNA specimen
pursuant to division (B)(1) or
(2) of this section, the person shall submit to, and the
director of rehabilitation and correction or the chief administrative
officer of the jail or community-based correctional facility shall
administer, a DNA
specimen collection
procedure at the jail, community-based correctional facility, or state
correctional institution in which the person is serving
the prison term or community residential
sanction. In accordance with
division (C) of this section,
the director or the chief
administrative officer shall cause the
DNA specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected from the
person in accordance with division
(C) of this section.
(C) A physician, registered
nurse, licensed practical nurse, duly licensed clinical laboratory technician,
or other qualified medical practitioner shall collect in a medically approved
manner the DNA specimen required to be collected pursuant to division
(B) of this section. No later than fifteen days after the date of
the collection of the DNA specimen, the director of rehabilitation
and correction or the chief administrative officer of the jail,
community-based correctional facility, or other county, multicounty,
municipal, municipal-county, or multicounty-municipal detention facility,
in which the person is serving the prison term,
community residential sanction, or term of imprisonment
shall cause the DNA specimen to be forwarded to the bureau of
criminal identification and investigation in accordance with procedures
established by the superintendent
of the bureau under division (H) of section 109.573 of the
Revised Code. The bureau shall provide the
specimen vials, mailing tubes, labels, postage, and instructions needed for
the collection and forwarding of the DNA specimen to the bureau.
(D) The director of rehabilitation and correction and the chief
administrative officer of the jail, community-based correctional facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility shall cause a
DNA specimen to be collected in
accordance
with divisions (B) and (C) of this section from a person in
its custody who is convicted of or pleads guilty to
any of the
following offenses:
(1) A violation of section 2903.01, 2903.02, 2905.01,
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the
Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code
or to commit a violation of section 2907.12 of the Revised Code as it existed
prior to
September 3, 1996;
(4) A violation of any law that arose out of the same
facts and
circumstances and
same act as did a charge against the person of a violation of section
2903.01,
2903.02, 2905.01, 2907.02,
2907.03, 2907.04, or 2907.05, OR 2911.11 of the
Revised Code
that previously was dismissed OR AMENDED or as did a charge against the
person of a
violation of section 2907.12 of the Revised Code
as it existed prior to September 3,
1996, that previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the
Revised Code that would
have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1,
1996, had it been committed prior to that date;
(6) A sexually oriented offense, as defined in section
2950.01 of the
Revised Code, if, in relation to that offense, the offender
has been adjudicated as being a sexual predator, as defined in
section 2950.01 of the Revised Code.
(E) The director of rehabilitation and correction or a chief
administrative officer of a jail, community-based correctional facility, or
other detention facility described
in division (B) of this section
is not required to comply with this section until the superintendent of the
bureau of criminal identification and investigation gives agencies in the
criminal justice system, as defined in section 181.51 of the Revised Code, in
the state official notification that the state DNA laboratory is
prepared to accept DNA specimens.
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 (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 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;
(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 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 disciplinary time 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) TO (e)
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) TO (e)
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 AS in section 2151.26 of the Revised Code.
(19) "Disciplinary time" means
additional time that the department of youth services
requires a felony delinquent to serve in an institution, that
delays the felony delinquent's planned release, and that the
department imposes upon the felony delinquent following the
conduct of an internal due process hearing for
having committed any of the following acts while committed to
the department and in the care and custody of an
institution:
(a) An act that if committed by an
adult would be a felony;
(b) An act that if committed by an
adult would be a misdemeanor;
(c) An act that is not described in division (A)(19)(a)
or (b) of this section and that violates an
institutional rule of conduct of the department.
(20) "Unruly child" has the same meaning as in section 2151.022 of the
Revised Code.
(21) "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)(22) "Release authority" means the release authority
of the department of youth services that is established by section
5139.50 of the Revised Code.
(21)(23) "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)(24) "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)(25) "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)(26) "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)(27) "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)(28) "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. 5139.02. (A)(1) AS USED IN THIS SECTION, "MANAGING OFFICER"
MEANS THE
ASSISTANT DIRECTOR, A DEPUTY DIRECTOR, AN ASSISTANT DEPUTY DIRECTOR, A
SUPERINTENDENT, A REGIONAL ADMINISTRATOR, OR A DEPUTY SUPERINTENDENT OF THE
DEPARTMENT OF YOUTH SERVICES, A MEMBER OF THE RELEASE AUTHORITY, THE CHIEF OF
STAFF TO THE RELEASE AUTHORITY, AND THE VICTIMS COORDINATOR OF THE OFFICE OF
VICTIM SERVICES.
(2) Each division established by the
director of youth services shall consist of managing officers and
other employees, including those employed in institutions and
regions as necessary to perform the functions assigned to them.
The director, assistant director, or appropriate deputy director
or managing officer of the department shall supervise the work of
each division and determine general policies governing the
exercise of powers vested in the department and assigned to each
division. The appropriate managing officer or deputy director is
responsible to the director or assistant director for the
organization, direction, and supervision of the work of the
division or unit and for the exercise of the powers and the
performance of the duties of the department assigned to it and,
with the director's approval, may establish bureaus or other
administrative units within the department.
(B) The director shall appoint all managing officers, who
shall be in the unclassified civil service. If the director
appoints a managing officer from within the classified service of
the department, the person so appointed retains the right to
resume the position and status he held in the classified service
immediately prior to his appointment as managing officer. If
such a person is removed from his THE position as managing
officer,
he THE PERSON shall be reinstated to the position he held
in the classified
service immediately prior to his appointment as managing officer,
or to another position certified by the director, with the
approval of the department of administrative services, as being
substantially equal to that position. Any person holding the
position of managing officer on the effective date of this
section is entitled to resume the position and status he held in
the classified service of the department of youth services
immediately prior to his appointment as a managing officer.
Service as a managing officer shall be counted as service in the
position in the classified service the reinstated person held
immediately prior to his appointment as a managing officer. If a
person is reinstated to a position in the classified service
under this division, he is entitled to all rights and
emoluments
that accrued to the position during his period of service as
a THE PERSON SHALL BE RETURNED TO THE PAY RANGE AND STEP TO WHICH THE
PERSON HAD BEEN ASSIGNED AT THE TIME OF THE APPOINTMENT AS
managing officer. LONGEVITY, WHERE APPLICABLE, SHALL BE CALCULATED
PURSUANT TO THE PROVISIONS OF SECTION 124.181 of the Revised Code.
(C) Each person appointed as a managing officer shall have
received special training and shall have experience in the type
of work that his THE PERSON'S division is required to perform.
Each managing
officer, under the supervision of the director, has entire charge
of the division, institution, unit, or region for which he THE
MANAGING OFFICER is
appointed and, with the director's approval, shall appoint
necessary employees and may remove them for cause.
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 5139.34 and
5139.41 to 5139.45 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 DISPOSITION
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 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
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 TERMINATES ITS 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 OR, IF THE CHILD IS EIGHTEEN YEARS OF AGE OR OLDER, BY
DISCHARGING THE CHILD, 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, UNTIL THE COMMITTING COURT GRANTS THE CHILD A
JUDICIAL RELEASE UNDER DIVISION (B) OF SECTION 2151.38
of the Revised Code, 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. 5139.18. (A) 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 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
public children services agency 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.
(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 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 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 OR A CHILD WHO WAS GRANTED AN
EARLY RELEASE violates the terms and
conditions of the supervised release OR EARLY RELEASE, section 5139.52
of the Revised Code applies with
respect to
that child.
Sec. 5139.36. (A) In accordance with this section and the
rules adopted under it and from funds appropriated to the
department of youth services for the purposes of this section,
the department shall make grants that provide financial resources
to operate community corrections facilities for felony
delinquents.
(B)(1) Each community corrections facility that intends to
seek a grant under this section shall file an application with
the department of youth services at the time and in accordance
with the procedures that the department shall establish by rules
adopted in accordance with Chapter 119. of the Revised Code. In
addition to other items required to be included in the
application, a plan that satisfies both of the following shall be
included:
(a) Consistent with division (A)(12)(b)
of section 2151.355 of the Revised Code, it IT reduces the number
of felony delinquents
committed
to the department from the county or counties associated with the
community corrections facility.
(b) It ensures equal access for minority felony
delinquents to the programs and services for which a potential
grant would be used.
(2) The department of youth services shall review each
application submitted pursuant to division (B)(1) of this section
to determine whether the plan described in that division, the
community corrections facility, and the application comply with
this section and the rules adopted under it.
(C) To be eligible for a grant under this section and for
continued receipt of moneys comprising a grant under this
section, a community corrections facility shall satisfy at least
all of the following requirements:
(1) Be constructed, reconstructed, improved, or financed
by the Ohio building authority pursuant to section 307.021 of the
Revised Code and Chapter 152. of the Revised Code for the use of
the department of youth services and be designated as a community
corrections facility;
(2) Have written standardized criteria governing the types
of felony delinquents that are eligible for the programs and
services provided by the facility;
(3) Have a written standardized intake screening process
and an intake committee that at least performs both of the
following tasks:
(a) Screens all eligible felony delinquents who are being
considered for admission to the facility in lieu of commitment to
the department;
(b) Notifies, within ten days after the date of the
referral of a felony delinquent to the facility, the committing
court whether the felony delinquent will be admitted to the
facility.
(4) Comply with all applicable fiscal and program rules
that the department adopts in accordance with Chapter 119. of the
Revised Code and demonstrate that felony delinquents served by
the facility have been or will be diverted from a commitment to
the department.
(D) The department of youth services shall determine the
method of distribution of the funds appropriated for grants under
this section to community corrections facilities.
(E) With the consent of a committing court and of a
community corrections facility that has received a grant under
this section, the department of youth services may place in that
facility a felony delinquent who has been committed to the
department. During the period in which the felony delinquent
is in that facility, the felony delinquent shall
remain in the legal custody of the
department.
Sec. 5139.42. In developing the formula described in
section 5139.41 of the Revised Code, the department of youth
services shall use the data included by each juvenile court in
the annual report described in division (C)(3)(b) of section
5139.43 of the Revised Code, other data included in any monthly
reports that the department may require juvenile courts to file
under division (C)(3)(c) of that section, and other data derived from a fiscal
monitoring program or another monitoring program
described in division (C)(3)(d) of that section to
project or calculate the following for each year of a biennium:
(A) The total number of children who will be adjudicated
delinquent children by the juvenile courts for acts that if
committed by an adult would be a felony;
(B) The number of public safety beds;
(C) The state target youth;
(D) The per diem cost for the care and custody of felony
delinquents that shall be calculated for each year of a biennium
as follows:
(1) By multiplying the state target youth by the projected length of stay of
state target youth in the care and custody of the department;
(2) By subtracting from the appropriation made to the
department for care and custody of felony delinquents for each fiscal year of
the biennium the amount of the appropriation that must be set aside pursuant
to division (A) of section 5139.41 of the Revised Code for purposes of funding
the contingency program described in section 5139.45 of the Revised Code, and
then dividing the remainder of the appropriation that was so calculated by the
product derived under division (D)(1) of this section;
(3) By dividing the quotient derived under division (D)(2) of this
section by the
number of days in the fiscal year.
(E) For each county of the state, that county's average
percentage of the total number of children who during the past four fiscal years
were
adjudicated
delinquent children by the juvenile courts for acts that, if
committed by an adult, would be a felony;
(F) The number of children who satisfy all of the following:
(1) They are at least twelve years
of age but less than eighteen years of age.
(2) They were adjudicated
delinquent children for having committed acts that if committed
by an adult would be a felony.
(3) They were committed to the
department 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 for the past four
fiscal
years.
(4) They are in the care and custody of an institution OR A COMMUNITY
CORRECTIONS FACILITY.
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 MAY 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 RELEASE REVIEW, A RELEASE HEARING, OR A discharge review
under division (F)(E) of this section,
the release authority shall give notice of the review OR HEARING to the
court
that committed the child and, to the prosecuting attorney in the
case, AND TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD
WAS COMMITTED OR THE VICTIM REPRESENTATIVE. IF A CHILD IS ON SUPERVISED
RELEASE AND HAS HAD THE CHILD'S PAROLE REVOKED, AND IF, UPON RELEASE, THERE IS
INSUFFICIENT TIME TO PROVIDE THE NOTICES OTHERWISE REQUIRED BY THIS DIVISION,
THE RELEASE AUTHORITY, AT LEAST TEN DAYS PRIOR TO THE CHILD'S RELEASE, SHALL
PROVIDE REASONABLE NOTICE OF THE CHILD'S RELEASE TO THE COURT THAT COMMITTED
THE CHILD, TO THE PROSECUTING ATTORNEY IN THE CASE, AND TO THE VICTIM OF THE
DELINQUENT ACT FOR WHICH THE CHILD WAS COMMITTED OR THE VICTIM
REPRESENTATIVE.
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)(E) 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 COURT AND THE
DEPARTMENT OF YOUTH SERVICES MAY ATTEMPT TO RESOLVE ANY DIFFERENCES REGARDING
THE PLAN WITHIN THREE DAYS. IF A RESOLUTION IS NOT REACHED WITHIN THAT
THREE-DAY PERIOD, THEREAFTER, the
release authority's supervised release plan, and the release
authority and any other person may rely on the constructive
journal entry SHALL BE ENFORCEABLE 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 THE child shall
notify NOT CHANGE RESIDENCE UNLESS THE CHILD SEEKS PRIOR APPROVAL
FOR THE CHANGE FROM the employee of the department assigned to supervise
and
assist the child of the change and provide, PROVIDES THAT
EMPLOYEE, AT THE TIME THE CHILD SEEKS THE PRIOR APPROVAL FOR THE CHANGE,
WITH appropriate information regarding
the child's new residence address AT WHICH THE CHILD WISHES TO
RESIDE, AND OBTAINS THE PRIOR APPROVAL OF THAT EMPLOYEE FOR THE CHANGE.
(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)(F) 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 OR DURING THE PERIOD OF A CHILD'S EARLY 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 OR EARLY 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 OR DURING THE
PERIOD OF A CHILD'S EARLY RELEASE,
a regional administrator or a designee of a
regional administrator, upon application OF THE EMPLOYEE OF THE DEPARTMENT
ASSIGNED TO SUPERVISE AND ASSIST THE CHILD 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 OR EARLY RELEASE.
An application
requesting an order
of apprehension shall
set
forth that, in the good faith judgment of the
regional administrator or designee EMPLOYEE OF THE DEPARTMENT
ASSIGNED TO SUPERVISE AND ASSIST THE CHILD making the application, there
is reasonable
cause to
believe that the child who is on supervised release OR EARLY RELEASE
has violated
or is violating
a term or condition of the
child's supervised release OR EARLY 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 OR EARLY 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 OR DEPARTMENT OF YOUTH SERVICES 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 OR EARLY RELEASE has violated or is violating a term or
condition of the supervised
release OR EARLY 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 OR EARLY 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, IS ARRESTED
UNDER THIS SECTION AND IF IT IS KNOWN THAT THE CHILD IS ON SUPERVISED RELEASE,
A JUVENILE COURT, LOCAL JUVENILE DETENTION CENTER, OR JAIL
shall notify the release authority APPROPRIATE DEPARTMENT OF YOUTH
SERVICES REGIONAL OFFICE that the child has been
arrested and shall provide to the authority REGIONAL OFFICE or
to an employee of
the department of youth services a copy of the arrest
information pertaining to the arrest.
(4)(3) 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 OR WHO IS UNDER A PERIOD OF EARLY 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 OR EARLY 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 OR EARLY 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 OR EARLY
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 OR EARLY
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 OR EARLY 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.
THIS DIVISION DOES NOT APPLY REGARDING A CHILD WHO IS UNDER A PERIOD OF
EARLY RELEASE. DIVISION (D) OF SECTION 2151.38 of the Revised Code APPLIES IN
RELATION TO A CHILD WHO IS UNDER A PERIOD OF EARLY RELEASE.
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 OR EARLY 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. 5139.56. (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)(F) 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 2151.315, 2151.355, 2151.38, 2901.07,
5139.01, 5139.02, 5139.04, 5139.05, 5139.18, 5139.36, 5139.42, 5139.50,
5139.51, 5139.52,
5139.53, and 5139.56 of the Revised Code are
hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect on
July 1, 1998, or the earliest date permitted by law, whichever
is later.
Section 4. That section 2151.355 of the Revised
Code, as amended by Am. Sub. S.B. 35 of the 122nd General Assembly, be amended
to read as
follows:
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, probationary 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. A child whose license or permit is so suspended or
revoked is ineligible for issuance of a license or permit during the period of
suspension or revocation. At the end of the period of suspension or
revocation, the child shall not be reissued a license or permit until the
child has paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.
(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 of the
following:
(a) A state
correctional institution, a county, multicounty, or municipal jail
or workhouse, or another OTHER place in which an adult
convicted of a crime, under arrest, or charged with a crime is held;
(b) A community corrections facility,
if the child would be covered by the definition of public safety
beds for purposes of sections 5139.41 to 5139.45 of the
Revised Code if the court exercised its
authority to commit 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 this section. As used in division (A)(12)(b)
of this section, "community corrections facility" and "public
safety beds" have the same meanings as in section 5139.01 of the
Revised Code.
(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,
probationary driver's license, or driver's license
issued to the child for a period of time
prescribed by the court or, at the
discretion of the court, until the child attends 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, probationary driver's license, or
driver's 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 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, 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 THE ACT, AND ANY OTHER INFORMATION CONCERNING THE CHILD THAT THE
DEPARTMENT REASONABLY REQUESTS. The court
also shall complete the form for the standard predisposition
DISPOSITION 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.
Section 5. That all existing versions of section 2151.355 of
the Revised Code are hereby repealed.
Section 6. Sections 4 and 5 of this act shall take effect on
January 1, 1999.
Section 7. Sections 2151.355, 5139.01, and 5139.04 of the Revised Code are
each presented in Section 1 of this act
as a composite of the section as amended by both
Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. Section 5139.18 of the Revised
Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 1 and Sub. H.B. 408 of the 122nd 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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