To amend sections 109.42, 2151.38, 2930.01, 2930.02, 2930.05 to 2930.07, and 2930.09 to 2930.19 of the Revised Code relative to rights of victims in delinquency proceedings.

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

Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which the attorney general lists and explains the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet to all sheriffs, marshals, municipal corporation and township police departments, constables, and other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors, and other similar chief legal officers of municipal corporations, and to organizations that represent or provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any other section of the Revised Code and shall include, but not be limited to, all of the following:

(1) The right of a victim or a victim's representative to attend a proceeding before a grand jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from the victim's or representative's employment, having the victim's or representative's employment terminated, having the victim's or representative's pay decreased or withheld, or otherwise being punished, penalized, or threatened as a result of time lost from regular employment because of the victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;

(2) The potential availability pursuant to section 2151.411 of the Revised Code of a forfeited recognizance to pay damages caused by a child when the delinquency of the child or child's violation of probation is found to be proximately caused by the failure of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully discharge the conditions of probation;

(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;

(4) The right of the victim in certain criminal OR JUVENILE cases or a victim's representative to receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the trial OR DELINQUENCY PROCEEDING in the case or, if there will not be a trial OR DELINQUENCY PROCEEDING, information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the disposition of the case;

(5) The right of the victim in certain criminal OR JUVENILE cases or a victim's representative to receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of the person charged with the violation, the case or docket number assigned to the charge, and a telephone number or numbers that can be called to obtain information about the disposition of the case;

(6) The right of the victim in certain criminal OR JUVENILE cases or of the victim's representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement about the victimization and, if applicable, a statement relative to the sentencing OR DISPOSITION of the offender;

(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code, to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an offense against the person or property of the complainant, or of the complainant's ward or child;

(8) The right of the victim in certain criminal OR JUVENILE cases or a victim's representative pursuant to sections 2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to receive notice of a pending motion for judicial release OR EARLY RELEASE of the person who committed the offense against the victim and to make an oral or written statement at the court hearing on the motion;

(9) The right of the victim in certain criminal OR JUVENILE cases or a victim's representative, pursuant to section 2930.16, 2967.12, or 2967.26, OR 5139.56 of the Revised Code, to receive notice of any pending commutation, pardon, parole, transitional control, DISCHARGE, other form of authorized release, or post-release control, OR SUPERVISED RELEASE for the person who committed the offense against the victim or any application for release of that person and to send a written statement relative to the victimization and the pending action to the adult parole authority OR THE RELEASE AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES;

(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of the Revised Code to obtain money from the offender's profit fund;

(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully damages property through the commission of an act that would be a theft offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;

(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully and maliciously assaults a person;

(13) The possibility of receiving restitution from an offender or a delinquent child pursuant to section 2151.355, 2929.18, or 2929.21 of the Revised Code;

(14) The right of the victim in certain criminal OR JUVENILE cases or a victim's representative, pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or custody of the person who committed the offense, to receive that notice from the custodial agency of the person at the victim's last address or telephone number provided to the custodial agency, and to receive notice that, if either the victim's address or telephone number changes, it is in the victim's interest to provide the new address or telephone number to the custodial agency.;

(15) The right of a victim of domestic violence to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code, to seek the issuance of a civil protection order pursuant to section 3113.31 of the Revised Code, and to be accompanied by a victim advocate during court proceedings.;

(16) The right of a victim of a sexually oriented offense that is committed by a person who is adjudicated as being a sexual predator or, in certain cases, by a person who is determined to be a habitual sex offender to receive, pursuant to section 2950.10 of the Revised Code, notice that the offender has registered with a sheriff under section 2950.04 or 2950.05 of the Revised Code and notice of the offender's name and residence address or addresses, and a summary of the manner in which the victim must make a request to receive the notice. As used in this division, "sexually oriented offense," "adjudicated as being a sexual predator," and "habitual sex offender" have the same meanings as in section 2950.01 of the Revised Code.

(17) The right of a victim of certain sexually violent offenses committed by a sexually violent predator who is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code to receive, pursuant to section 2930.16 of the Revised Code, notice of a hearing to determine whether to modify the requirement that the offender serve the entire prison term in a state correctional facility, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term. As used in this division, "sexually violent offense" and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.

(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any such officer OF THOSE OFFICERS who prosecutes an offense committed in this state, upon first contact with the victim of the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the victim's dependents.

(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an offense OR DELINQUENT ACT committed in this state shall give the victim of the offense OR DELINQUENT ACT, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section at one of the following times:

(i) Upon first contact with the victim, the victim's family, or the victim's dependents;

(ii) If the offense OR DELINQUENT ACT is an offense of violence, if the circumstances of the offense OR DELINQUENT ACT and the condition of the victim, the victim's family, or the victim's dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to understand the significance of the pamphlet upon first contact with the agency, and if the agency anticipates that it will have an additional contact with the victim, the victim's family, or the victim's dependents, upon the agency's second contact with the victim, the victim's family, or the victim's dependents.

If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.

(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that are in the official's or agency's possession on December 9, 1994, until the official or agency has distributed all of those copies. After the official or agency has distributed all of those copies, the official or agency shall use only copies of the pamphlet that contain at least the information described in division (A)(1) to (15)(17) of this section.

(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant prosecuting attorney, director of law, assistant director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any such officer OF THOSE OFFICERS to give, as required by division (B)(1) of this section, the victim of an offense OR DELINQUENT ACT, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section does not give the victim, the victim's family, the victim's dependents, or a victim's representative any rights under section 122.95, 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision of the Revised Code and does not affect any right under those sections.

(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a director of law, assistant director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared pursuant to division (A) of this section shall not be required to distribute a copy of an information card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71 of the Revised Code.

(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.

(D) As used in this section:

(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code;

(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.

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 which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the first half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, it shall request the court that committed the child to the department for a judicial release of the child from institutional care or institutional care in a secure facility. During the first half of that prescribed minimum term or of that prescribed period of commitment, whichever of those periods is applicable, the child or the parents of the child also may request that court to grant a judicial release of the child from institutional care or institutional care in a secure facility. Upon receipt of a request for a judicial release from the department, the child, or the child's parent or upon its own motion, the court that committed the child shall approve the judicial release from institutional care or institutional care in a secure facility by journal entry, shall schedule within twenty days after the request is received a time for a hearing on whether the child is to be released under a judicial release, or shall reject the request by journal entry without conducting a hearing. If the court rejects an initial request for a judicial release by the child or the child's parent, the child or the child's parent may make one additional request for a judicial release within the first half of the applicable prescribed minimum term or prescribed period of commitment. The child or the child's parent may make the additional request no earlier than thirty days after the filing of the prior request for a judicial release. Upon the filing by the child or the child's parent of a second request for a judicial release, the court shall either approve or disapprove the judicial release by journal entry or schedule within twenty days after the request is received a time for a hearing on whether the child is to be released under a judicial release.

(2) If a court schedules a hearing under division (B)(1) of this section to determine whether a child should be granted a judicial release, it THE COURT SHALL GIVE NOTICE OF THE HEARING TO THE PROSECUTOR INVOLVED IN THE CASE. IN ACCORDANCE WITH SECTION 2930.16 OF THE REVISED CODE AND IF THE VICTIM HAS REQUESTED NOTIFICATION, THE PROSECUTOR SHALL GIVE NOTICE OF THE HEARING TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT WAS IMPOSED. THE COURT 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 CONSIDER ANY STATEMENT OF A VICTIM MADE PURSUANT TO SECTION 2930.14 OR 2930.17 OF THE REVISED CODE AND ANY VICTIM IMPACT STATEMENT PREPARED PURSUANT TO SECTION 2151.355 OF THE REVISED CODE. The court shall determine at the hearing whether the child should be granted a judicial release from institutionalization or institutionalization in a secure facility. AFTER MAKING A DETERMINATION, THE COURT SHALL NOTIFY THE VICTIM OF THE DETERMINATION IN ACCORDANCE WITH SECTIONS 2930.03 AND 2930.16 OF THE REVISED CODE. 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 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 THE COURT SHALL GIVE NOTICE OF THE HEARING TO THE PROSECUTOR INVOLVED IN THE CASE. IN ACCORDANCE WITH SECTION 2930.16 OF THE REVISED CODE AND IF THE VICTIM HAS REQUESTED NOTIFICATION, THE PROSECUTOR SHALL GIVE NOTICE OF THE HEARING TO THE VICTIM OF THE DELINQUENT ACT FOR WHICH THE CHILD'S COMMITMENT TO THE LEGAL CUSTODY OF THE DEPARTMENT WAS IMPOSED. THE COURT 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 CONSIDER ANY STATEMENT OF A VICTIM MADE PURSUANT TO SECTION 2930.14 OR 2930.17 OF THE REVISED CODE AND ANY VICTIM IMPACT STATEMENT PREPARED PURSUANT TO SECTION 2151.355 OF THE REVISED CODE. The court shall determine at the hearing whether the child should be granted an early release from institutionalization or institutionalization in a secure facility. AFTER MAKING A DETERMINATION, THE COURT SHALL NOTIFY THE VICTIM OF THE DETERMINATION IN ACCORDANCE WITH SECTIONS 2930.03 AND 2930.16 OF THE REVISED CODE. 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 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 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 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. 2930.01. As used in this chapter:

(A)(1) "Crime" means, subject to division (A)(2) of this section, any of the following:

(a) A felony;

(b) A violation of section 2903.05, 2903.07, 2903.13, 2903.21, 2903.211, 2903.22, 2907.06, 2919.25, or 2921.04 of the Revised Code or a violation of a substantially equivalent municipal ordinance;

(c) AN ACT COMMITTED BY A CHILD THAT IF COMMITTED BY AN ADULT WOULD BE A FELONY;

(d) AN ACT COMMITTED BY A CHILD THAT IS A VIOLATION OF A SECTION LISTED IN DIVISION (A)(1)(b) OF THIS SECTION OR IS A VIOLATION OF A SUBSTANTIALLY EQUIVALENT MUNICIPAL ORDINANCE.

(2) "Crime" does not mean an act for which an adjudication hearing is or may be held in a juvenile court AS USED IN DIVISIONS (A)(1)(c) AND (d) OF THIS SECTION, "CHILD" HAS THE SAME MEANING AS IN SECTION 2151.011 OF THE REVISED CODE.

(B) "Custodial agency" means the ONE OF THE FOLLOWING:

(1) THE entity that has custody of a defendant who is incarcerated for a crime or who is detained after a finding of incompetence to stand trial or not guilty by reason of insanity relative to a crime, including any of the following:

(1)(a) The department of rehabilitation and correction or the adult parole authority;

(2)(b) A county sheriff;

(3)(c) The entity that administers a jail, as defined in section 2929.01 of the Revised Code;

(4)(d) The entity that administers a community-based correctional facility and program or a district community-based correctional facility and program;

(5)(e) The department of mental health or other entity to which a defendant found incompetent to stand trial or not guilty by reason of insanity is committed.

(2) THE ENTITY THAT HAS CUSTODY OF A DEFENDANT PURSUANT TO AN ORDER OF DISPOSITION OF A JUVENILE COURT, INCLUDING THE DEPARTMENT OF YOUTH SERVICES OR A SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR THE CARE OF DELINQUENT CHILDREN.

(C) "Defendant" means a ONE OF THE FOLLOWING:

(1) A person who is alleged to be the perpetrator of a crime in a police report or in a complaint, indictment, or information that charges the commission of a crime and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference;

(2) A CHILD WHO IS ALLEGED TO HAVE COMMITTED A CRIME IN A POLICE REPORT OR IN A COMPLAINT IN JUVENILE COURT THAT CHARGES THE COMMISSION OF A CRIME AND THAT PROVIDES THE BASIS FOR THE DELINQUENCY PROCEEDING AND ALL SUBSEQUENT PROCEEDINGS TO WHICH THIS CHAPTER MAKES REFERENCE.

(D) "Member of the victim's family" means a spouse, child, stepchild, sibling, parent, stepparent, grandparent, or other relative of a victim but does not include a person who is charged with or, convicted of, OR ADJUDICATED TO BE A DELINQUENT CHILD FOR the crime against the victim or another crime arising from the same conduct, criminal episode, or plan.

(E) "Prosecutor" has MEANS ONE OF THE FOLLOWING:

(1) WITH RESPECT TO A CRIMINAL CASE, IT HAS the same meaning as in section 2935.01 of the Revised Code and also includes the attorney general and, when appropriate, the employees of any person listed in section 2935.01 of the Revised Code or of the attorney general.

(2) WITH RESPECT TO A DELINQUENCY PROCEEDING, IT INCLUDES ANY PERSON LISTED IN DIVISION (C) OF SECTION 2935.01 OF THE REVISED CODE OR AN EMPLOYEE OF A PERSON LISTED IN THAT DIVISION WHO PROSECUTES A DELINQUENCY PROCEEDING.

(F) "Public agency" means an office, agency, department, bureau, or other governmental entity of the state or of a political subdivision of the state.

(G) "Public official" has the same meaning as in section 2921.01 of the Revised Code.

(H) "Victim" means a person who is identified as the victim of a crime in a police report or in a complaint, indictment, or information that charges the commission of a crime and that provides the basis for the criminal prosecution OR DELINQUENCY PROCEEDING and subsequent proceedings to which this chapter makes reference.

(I) "Victim's representative" means a member of the victim's family or another person who pursuant to the authority of section 2930.02 of the Revised Code exercises the rights of a victim under this chapter.

(J) "COURT" MEANS A COURT OF COMMON PLEAS, JUVENILE COURT, MUNICIPAL COURT, OR COUNTY COURT.

(K) "DELINQUENCY PROCEEDING" MEANS ALL PROCEEDINGS IN A JUVENILE COURT THAT ARE RELATED TO A CASE IN WHICH A COMPLAINT HAS BEEN FILED ALLEGING THAT A CHILD IS A DELINQUENT CHILD.

(L) "CASE" MEANS A DELINQUENCY PROCEEDING AND ALL RELATED ACTIVITY OR A CRIMINAL PROSECUTION AND ALL RELATED ACTIVITY.

(M) THE "DEFENSE" MEANS THE DEFENSE AGAINST CRIMINAL CHARGES IN A CRIMINAL PROSECUTION OR THE DEFENSE AGAINST A DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING.

(N) THE "PROSECUTION" MEANS THE PROSECUTION OF CRIMINAL CHARGES IN A CRIMINAL PROSECUTION OR THE PROSECUTION OF A DELINQUENT CHILD COMPLAINT IN A DELINQUENCY PROCEEDING.

Sec. 2930.02. (A) If a victim is a minor or is incapacitated, incompetent, or deceased, or if the victim chooses to designate another person, a member of a victim's family or another person may exercise the rights of the victim under this chapter as the victim's representative.

If more than one person seeks to act as the victim's representative for a particular victim, the court in which the crime CRIMINAL PROSECUTION OR DELINQUENCY PROCEEDING is prosecuted HELD shall designate one of those persons as the victim's representative. If a victim does not want to have anyone act as the victim's representative, the court shall order that only the victim may exercise the rights of a victim under this chapter.

(B) If pursuant to division (A) of this section a victim's representative is to exercise the rights of a victim, the victim or victim's representative shall notify the prosecutor that the victim's representative is to act for the victim. When a victim or victim's representative has so notified the prosecutor, all notice under this chapter shall be sent only to the victim's representative, all rights under this chapter shall be granted only to the victim's representative, and all references in this chapter to a victim shall be interpreted as being references to the victim's representative unless the victim informs the notifying authority that the victim also wishes to receive the notices or exercise the rights. If division (B) of section 2930.03 of the Revised Code requires a victim to make a request in order to receive any notice of a type described in this division and if a victim's representative is to exercise the rights of the victim, the victim's representative shall make the request.

Sec. 2930.05. (A) Within a reasonable period of time after the arrest of a defendant for a crime, the law enforcement agency that investigates the crime shall give the victim of the crime notice of all of the following:

(1) The arrest;

(2) The name of the defendant;

(3) Whether the defendant is eligible for pretrial release OR FOR RELEASE FROM DETENTION;

(4) The telephone number of the law enforcement agency;

(5) The victim's right to telephone the agency to ascertain whether the defendant has been released from custody OR FROM DETENTION.

(B) If a defendant has been released from custody on a bond or personal recognizance OR HAS BEEN RELEASED FROM DETENTION and the prosecutor in the case has received the affidavit of a victim stating that the defendant, or someone acting at the defendant's direction, has committed or threatened to commit one or more acts of violence or intimidation against the victim, the victim's family, or the victim's representative, the prosecutor may file a motion asking the court to reconsider the conditions of the bond or personal recognizance granted to the defendant OR TO CONSIDER RETURNING THE DEFENDANT TO DETENTION.

Sec. 2930.06. (A) The prosecutor in a case, to the extent practicable, shall confer with the victim in the case before pretrial diversion is granted to the defendant in the case, before amending or dismissing an indictment, information, or complaint against that defendant, before agreeing to a negotiated plea for that defendant, or before a trial of that defendant by judge or jury, OR BEFORE THE JUVENILE COURT CONDUCTS AN ADJUDICATORY HEARING FOR THAT DEFENDANT. If the prosecutor fails to confer with the victim at any of those times, the court, if informed of the failure, shall note on the record the failure and the prosecutor's reasons for the failure. A prosecutor's failure to confer with a victim as required by this division does not affect the validity of an agreement between the prosecutor and the defendant in the case, a pretrial diversion of the defendant, an amendment or dismissal of an indictment, information, or complaint filed against the defendant, a plea entered by the defendant, AN ADMISSION ENTERED BY THE DEFENDANT, or any other disposition in the case. A court shall not dismiss a criminal complaint, charge, information, or indictment OR A DELINQUENT CHILD COMPLAINT solely at the request of the victim and over the objection of the prosecuting attorney, village solicitor, city director of law, or other chief legal officer responsible for the prosecution of the case.

(B) After a prosecution in a case has been commenced, the prosecutor or a designee of the prosecutor other than a court or court employee, to the extent practicable, promptly shall give the victim all of the following information:

(1) The name of the offense CRIME with which the defendant in the case has been charged and the name of the defendant;

(2) The file number of the case;

(3) A brief statement regarding the procedural steps in a criminal case PROSECUTION OR DELINQUENCY PROCEEDING involving an offense A CRIME similar to the offense CRIME with which the defendant has been charged and the right of the victim to be present during all proceedings held throughout the prosecution of a THE case;

(4) A summary of the rights of a victim under this chapter;

(5) Procedures the victim or the prosecutor may follow if the victim becomes subject to threats or intimidation by the defendant or any other person;

(6) The name and business telephone number of a person to contact for further information with respect to the case;

(7) The right of the victim to have a victim's representative exercise the victim's rights under this chapter in accordance with section 2930.02 of the Revised Code and the procedure by which a victim's representative may be designated;

(8) Notice that any notification under division (C) of this section and, sections 2930.07 to 2930.19, AND SECTION 5139.56 of the Revised Code will be given to the victim only if the victim asks to receive the notification.

(C) Upon the request of the victim, the prosecutor shall give the victim notice of the date, time, and place of any scheduled court CRIMINAL OR JUVENILE proceedings in the case and notice of any changes in those proceedings or in the schedule in the case.

(D) A victim who requests notice under division (C) of this section and who elects pursuant to division (B) of section 2930.03 of the Revised Code to receive any further notice from the prosecutor under this chapter shall keep the prosecutor informed of the victim's current address and telephone number until the case is dismissed or terminated, the defendant is acquitted or sentenced, THE DELINQUENT CHILD COMPLAINT IS DISMISSED, THE DEFENDANT IS ADJUDICATED A DELINQUENT CHILD, or the appellate process is completed, whichever is the final disposition in the case.

Sec. 2930.07. (A) If the prosecutor in a case determines that there are reasonable grounds for the victim in a case to be apprehensive regarding acts or threats of violence or intimidation by the defendant in the case or at the defendant's direction against the victim, the victim's family, or the victim's representative, the prosecutor may file a motion with the court requesting that the court issue an order specifying that the victim and other witnesses in the case not be compelled in any phase of the criminal OR DELINQUENCY proceeding to give testimony that would disclose the victim's or victim's representative's address, place of employment, or similar identifying fact without the victim's or victim's representative's consent. The court shall hold a hearing on the motion in chambers, and a court reporter shall make a record of the proceeding.

(B) If the court, pursuant to division (A) of this section, orders that the victim's or victim's representative's address, telephone number, place of employment, or other identifying fact shall be confidential, the court files or documents shall not contain that information unless it is used to identify the location of the crime. The hearing shall be recorded, and the court shall order the transcript sealed.

Sec. 2930.09. A victim in a case may be present whenever the defendant in the case is present during any stage of the case against the defendant that is conducted on the record, other than a grand jury proceeding, unless the court determines that exclusion of the victim is necessary to protect the defendant's right to a fair trial OR TO A FAIR DELINQUENCY PROCEEDING. At any stage of the case at which the victim is present, the court, at the victim's request, shall permit the victim to be accompanied by an individual to provide support to the victim unless the court determines that exclusion of the individual is necessary to protect the defendant's right to a fair trial OR TO A FAIR DELINQUENCY PROCEEDING.

Sec. 2930.10. (A) The court in which a criminal case PROSECUTION OR DELINQUENCY PROCEEDING is prosecuted HELD shall make a reasonable effort to minimize any contact between the victim in the case, members of the victim's family, the victim's representative, or witnesses for the prosecution and the defendant in the case, members of the defendant's family, or witnesses for the defense before, during, and immediately after all court proceedings.

(B) The court shall provide a waiting area for the victim, members of the victim's family, the victim's representative, or witnesses for the prosecution that is separate from the waiting area provided for the defendant, members of the defendant's family, and defense witnesses if a separate waiting area is available and the use of the area is practical.

Sec. 2930.11. (A) Except as otherwise provided in this section or in sections 2933.41 to 2933.43 of the Revised Code, the law enforcement agency responsible for investigating a crime shall promptly return to the victim of the crime any property of the victim that was taken in the course of the investigation. In accordance with Criminal Rule 26 OR AN APPLICABLE JUVENILE RULE, the law enforcement agency may take photographs of the property for use as evidence. If the ownership of the property is in dispute, the agency shall not return the property until the dispute is resolved.

(B) The law enforcement agency responsible for investigating a crime shall retain any property of the victim of the crime that is needed as evidence in the case, including any weapon used in the commission of the crime, if the prosecutor certifies to the court a need to retain the property in lieu of a photograph of the property or of another evidentiary substitute for the property itself.

(C) If the defendant in a case files a motion requesting the court to order the law enforcement agency to retain property of the victim because the property is needed for the defense in the case, the agency shall retain the property until the court rules on the motion. The court, in making a determination on the motion, shall weigh the victim's need for the property against the defendant's assertion that the property has evidentiary value for the defense. The court shall rule on the motion in a timely fashion.

Sec. 2930.12. At the request of the victim in a case CRIMINAL PROSECUTION, the prosecutor shall give the victim notice of the defendant's acquittal or conviction. AT THE REQUEST OF THE VICTIM IN A DELINQUENCY PROCEEDING, THE PROSECUTOR SHALL GIVE THE VICTIM NOTICE OF THE DISMISSAL OF THE COMPLAINT AGAINST THE DEFENDANT OR OF THE ADJUDICATION OF THE DEFENDANT AS A DELINQUENT CHILD. If the defendant is convicted OR IS ADJUDICATED A DELINQUENT CHILD, the notice shall include all of the following:

(A) The crimes of which the defendant was convicted OR FOR WHICH THE DEFENDANT WAS ADJUDICATED A DELINQUENT CHILD;

(B) The address and telephone number of the probation office or other person, if any, that is to prepare a presentence investigation report pursuant to section 2951.03 of the Revised Code or Criminal Rule 32.2, and the address and telephone number of the person, if any, who is to prepare a victim impact statement pursuant to DIVISION (H) OF SECTION 2151.355 OF THE REVISED CODE OR section 2947.051 of the Revised Code;

(C) Notice that the victim may make a statement about the impact of the offense CRIME to the probation officer or other person, if any, who prepares the presentence investigation report or to the person, if any, who prepares a victim impact statement, that a statement of the victim included in the report will be made available to the defendant unless the court exempts it from disclosure, and that the court may make the victim impact statement available to the defendant;

(D) Notice of the victim's right under section 2930.14 of the Revised Code to make a statement about the impact of the offense CRIME before sentencing OR DISPOSITION;

(E) The date, time, and place of the sentencing hearing OR DISPOSITIONAL HEARING;

(F) ONE OF THE FOLLOWING:

(1) Any sentence imposed upon the defendant and any subsequent modification of that sentence, including modification under section 2929.20 of the Revised Code or as a result of the defendant's appeal of the sentence pursuant to section 2953.08 of the Revised Code;

(2) ANY DISPOSITION ORDERED FOR THE DEFENDANT AND ANY SUBSEQUENT MODIFICATION OF THAT DISPOSITION, INCLUDING JUDICIAL RELEASE OR EARLY RELEASE IN ACCORDANCE WITH SECTION 2151.38 OF THE REVISED CODE.

Sec. 2930.13. (A) If the court orders the preparation of a victim impact statement pursuant to section 2151.355 OR 2947.051 of the Revised Code, the victim in the case may make a written or oral statement regarding the impact of the offense CRIME to the person whom the court orders to prepare the victim impact statement. A statement made by the victim under this section shall be included in the victim impact statement.

(B) If a probation officer or other person is preparing a presentence investigation report pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 concerning the defendant in the case, the victim may make a written or oral statement regarding the impact of the offense CRIME to the probation officer or other person. The probation officer or other person shall use the statement in preparing the presentence investigation report and, upon the victim's request, shall include a written statement submitted by the victim in the presentence investigation report.

(C) A statement made by the victim under division (A) or (B) of this section may include the following:

(1) An explanation of the nature and extent of any physical, psychological, or emotional harm suffered by the victim as a result of the crime that is the basis of the case;

(2) An explanation of the extent of any property damage or other economic loss suffered by the victim as a result of that crime;

(3) An opinion regarding the extent to which, if any, the victim needs restitution for harm caused by the defendant as a result of that crime and information about whether the victim has applied for or received any compensation for loss or damage caused by that crime;

(4) The victim's recommendation for an appropriate sanction OR DISPOSITION for the defendant regarding that crime.

(D) If a statement made by a victim under division (A) of this section is included in a victim impact statement, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of the victim impact statement is governed by DIVISION (H) OF SECTION 2151.355 OR BY division (C) of section 2947.051 of the Revised Code, AS APPROPRIATE. If a statement made by a victim under division (B) of this section is included in a presentence investigation report prepared pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2, the provision, receipt, and retention of copies of, the use of, and the confidentiality, nonpublic record character, and sealing of the presentence investigation report that contains the victim's statement is governed by section 2951.03 of the Revised Code.

Sec. 2930.14. (A) Before imposing sentence upon, OR ENTERING AN ORDER OF DISPOSITION FOR, a defendant for the commission of a crime, the court shall permit the victim of the crime to make a statement. The court may give copies of any written statement made by a victim to the defendant and defendant's counsel and may give any written statement made by the defendant to the victim and the prosecutor. The court may redact any information contained in a written statement that the court determines is not relevant to and will not be relied upon in the sentencing OR DISPOSITION decision. The written statement of the victim or of the defendant is confidential and is not a public record as used in section 149.43 of the Revised Code. Any person to whom a copy of a written statement was released by the court shall return it to the court immediately following sentencing OR DISPOSITION.

(B) The court shall consider a victim's statement made under division (A) of this section along with other factors that the court is required to consider in imposing sentence OR IN DETERMINING THE ORDER OF DISPOSITION. If the statement includes new material facts, the court shall not rely on the new material facts unless it continues the sentencing OR DISPOSITIONAL proceeding or takes other appropriate action to allow the defendant an adequate opportunity to respond to the new material facts.

Sec. 2930.15. (A) If a defendant is convicted of committing a crime against a victim OR IS ADJUDICATED A DELINQUENT CHILD FOR COMMITTING A CRIME AGAINST A VICTIM, if the victim requests notice of the filing of an appeal, and if the defendant files an appeal, the prosecutor in the case promptly shall notify the victim of the appeal. The prosecutor also shall give the victim all of the following information:

(1) A brief explanation of the appellate process, including the possible disposition of the case;

(2) Whether the defendant has been released on bail or other recognizance OR UNDER CONDITIONS IMPOSED BY THE JUVENILE COURT pending the disposition of the appeal;

(3) The time, place, and location of appellate court proceedings and any subsequent changes in the time, place, or location of those proceedings;

(4) The result of the appeal.

(B) If the appellate court returns the defendant's case to the trial court OR JUVENILE COURT for further proceedings, the victim may exercise all the rights that previously were available to the victim in the trial court OR THE JUVENILE COURT.

Sec. 2930.16. (A) If a defendant is incarcerated, a victim in a case who has requested to receive notice under this section shall be given notice of the incarceration of the defendant. IF A DEFENDANT IS COMMITTED TO THE TEMPORARY CUSTODY OF A SCHOOL, CAMP, INSTITUTION, OR OTHER FACILITY OPERATED FOR THE CARE OF DELINQUENT CHILDREN OR TO THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, A VICTIM IN A CASE WHO HAS REQUESTED TO RECEIVE NOTICE UNDER THIS SECTION SHALL BE GIVEN NOTICE OF THE COMMITMENT. Promptly after sentence is imposed upon the defendant OR THE COMMITMENT OF THE DEFENDANT IS ORDERED, the prosecutor in the case shall notify the victim of the date on which the defendant will be released from confinement OR CUSTODY or the prosecutor's reasonable estimate of that date. The prosecutor also shall notify the victim of the name of the custodial agency of the defendant and tell the victim how to contact that custodial agency. IF THE CUSTODIAL AGENCY IS THE DEPARTMENT OF YOUTH SERVICES, THE PROSECUTOR SHALL NOTIFY THE VICTIM OF THE SERVICES PROVIDED BY THE OFFICE OF VICTIMS' SERVICES WITHIN THE RELEASE AUTHORITY OF THE DEPARTMENT PURSUANT TO SECTION 5139.55 OF THE REVISED CODE AND THE VICTIM'S RIGHT PURSUANT TO SECTION 5139.56 OF THE REVISED CODE TO SUBMIT A WRITTEN REQUEST TO THE RELEASE AUTHORITY TO BE NOTIFIED OF ACTIONS THE RELEASE AUTHORITY TAKES WITH RESPECT TO THE DEFENDANT. The victim shall keep the custodial agency informed of the victim's current address and telephone number.

(B)(1) Upon the victim's request, the prosecutor promptly shall notify the victim of any hearing for judicial release of the defendant pursuant to section 2929.20 of the Revised Code OR OF ANY HEARING FOR JUDICIAL RELEASE OR EARLY RELEASE OF THE DEFENDANT PURSUANT TO SECTION 2151.38 OF THE REVISED CODE and of the victim's right to make a statement under that section THOSE SECTIONS. The court shall notify the victim of its ruling in each of those hearings and on each of those applications.

(2) Upon the request of a victim of a crime that is a sexually violent offense and that is committed by a sexually violent predator who is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code, the prosecutor promptly shall notify the victim of any hearing to be conducted pursuant to section 2971.05 of the Revised Code to determine whether to modify the requirement that the offender serve the entire prison term in a state correctional facility in accordance with division (C) of that section, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term in accordance with division (D) of that section. The court shall notify the victim of any order issued at the conclusion of the hearing. As used in this division, "sexually violent offense" and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.

(C) Upon the victim's request made at any time before the particular notice would be due, the custodial agency of a defendant shall give the victim any of the following notices that is applicable:

(1) At least three weeks before the adult parole authority recommends a pardon or commutation of sentence for the defendant or at least three weeks prior to a hearing before the adult parole authority regarding a grant of parole to the defendant, notice of the victim's right to submit a statement regarding the impact of the defendant's release in accordance with section 2967.12 of the Revised Code and, if applicable, of the victim's right to appear at a full board hearing of the parole board to give testimony as authorized by section 5149.101 of the Revised Code;

(2) At least three weeks before the defendant is transferred to transitional control under section 2967.26 of the Revised Code, notice of the pendency of the transfer and of the victim's right under that section to submit a statement regarding the impact of the transfer;

(3) AT LEAST THIRTY DAYS BEFORE THE RELEASE AUTHORITY OF THE DEPARTMENT OF YOUTH SERVICES HOLDS A RELEASE REVIEW, RELEASE HEARING, OR DISCHARGE REVIEW FOR THE DEFENDANT, NOTICE OF THE PENDENCY OF THE REVIEW OR HEARING, OF THE VICTIM'S RIGHT TO MAKE AN ORAL OR WRITTEN STATEMENT REGARDING THE IMPACT OF THE CRIME UPON THE VICTIM OR REGARDING THE POSSIBLE RELEASE OR DISCHARGE, AND, IF THE NOTICE PERTAINS TO A HEARING, OF THE VICTIM'S RIGHT TO ATTEND AND MAKE STATEMENTS OR COMMENTS AT THE HEARING AS AUTHORIZED BY SECTION 5139.56 OF THE REVISED CODE;

(4) Prompt notice of the defendant's escape from a facility of the custodial agency in which the defendant was incarcerated OR IN WHICH THE DEFENDANT WAS PLACED AFTER COMMITMENT, of the defendant's absence without leave from a mental health or mental retardation and developmental disabilities facility or from other custody, and of the capture of the defendant after an escape or absence;

(4)(5) Notice of the defendant's death while in CONFINEMENT OR custody;

(5)(6) Notice of the defendant's release from confinement OR CUSTODY and the terms and conditions of the release.

Sec. 2930.17. (A) In determining whether to grant a judicial release to a defendant from a prison term pursuant to section 2929.20 of the Revised Code at a time before the defendant's stated prison term expires OR IN DETERMINING WHETHER TO GRANT A JUDICIAL RELEASE OR EARLY RELEASE TO A DEFENDANT FROM A COMMITMENT TO THE DEPARTMENT OF YOUTH SERVICES PURSUANT TO SECTION 2151.38 OF THE REVISED CODE, the court shall permit a victim of a crime for which the defendant was incarcerated OR COMMITTED to make a statement, in addition to any other statement made under this chapter, concerning the effects of that crime on the victim, the circumstances surrounding the crime, the manner in which the crime was perpetrated, and the victim's opinion whether the defendant should be released. The victim may make the statement in writing or orally, at the court's discretion. The court shall give the defendant and EITHER the adult parole authority OR THE DEPARTMENT OF YOUTH SERVICES, WHICHEVER IS APPLICABLE, a copy of any written impact statement made by the victim under this division.

(B) In deciding whether to grant a judicial release OR EARLY RELEASE to the defendant, the court shall consider a statement made by the victim under division (A) of this section or section 2930.14 or 2947.051 of the Revised Code.

Sec. 2930.18. No employer of a victim shall discharge, discipline, or otherwise retaliate against the victim, a member of the victim's family, or a victim's representative for participating, at the prosecutor's request, in preparation for a criminal justice OR DELINQUENCY proceeding or for attendance, pursuant to a subpoena, at a criminal OR DELINQUENCY proceeding if the attendance is reasonably necessary to protect the interests of the victim. This section generally does not require an employer to pay an employee for time lost as a result of attendance at a criminal OR DELINQUENCY proceeding. An employer who knowingly violates this section is in contempt of court. This section does not limit or affect the application to any person of section 2151.211, 2939.121, or 2945.451 of the Revised Code.

Sec. 2930.19. (A) In a manner consistent with the duty of a prosecutor to represent the interests of the public as a whole, a prosecutor shall seek compliance with this chapter on behalf of a victim, a member of the victim's family, or the victim's representative.

(B) The failure of a public official or public agency to comply with the requirements of this chapter does not give rise to a claim for damages against that public official or public agency, except that a public agency as an employer may be held responsible for a violation of section 2930.18 of the Revised Code.

(C) The failure of any person or entity to provide a right, privilege, or notice to a victim under this chapter does not constitute grounds for declaring a mistrial or new trial, for setting aside a conviction or, sentence, ADJUDICATION, OR DISPOSITION, or for granting postconviction release to a defendant.

(D) If there is a conflict between a provision in this chapter and a specific statute governing the procedure in a case involving a capital offense, the specific statute supersedes the provision in this chapter.

(E) If the victim of a crime is incarcerated in a state or local correctional facility OR IS IN THE LEGAL CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, the victim's rights under this chapter may be modified by court order to prevent any security risk, hardship, or undue burden upon a public official or public agency with a duty under this chapter.