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As Reported by House Criminal Justice Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H.B. No. 3 |
REPRESENTATIVES EVANS-GARDNER-WILLAMOWSKI-JOLIVETTE-PADGETT-
MAIER-TAYLOR-MOTTLEY-VANVYVEN-TERWILLEGER-PRINGLE-MYERS-
CALLENDER-HAINES-SALERNO-DePIERO-TIBERI
A BILL
To amend sections 109.42, 109.57, 2151.18, 2151.31, 2151.355, 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 and the rights of victims of crime.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 109.57, 2151.18, 2151.31, 2151.355, 2151.38,
2930.01, 2930.02,
2930.05, 2930.06, 2930.07, 2930.09, 2930.10, 2930.11,
2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17, 2930.18,
and 2930.19 of the Revised Code be amended to read as follows:
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, AND TO BE NOTIFIED OF
THE COURT'S DECISION 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. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) of section 109.572
of the Revised Code, or involving an
adjudication that IN A CASE IN WHICH a child under eighteen
years of age is WAS ALLEGED TO BE a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(c) The date of arrest;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to a sexually oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), or (5) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining to that
individual. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information that is authorized under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that individual. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 2151.18. (A)(1) The juvenile court shall maintain
records of all official cases brought before it, including an
appearance docket, a journal, and a cashbook. The court shall
maintain a separate docket for traffic cases and shall record
all traffic cases
on the separate docket instead of on the
general appearance docket. The parents of any child affected, if
they are living, or the nearest of kin of the child, if the
parents are deceased, may inspect these records, either in person
or by counsel during the hours in which the court is open.
(2) The juvenile court shall send to the superintendent of the
bureau of criminal identification and investigation, pursuant to section
109.57 of the Revised Code, a weekly report containing a summary of each case
that has come before it and that involves an adjudication
ALLEGATION that a child is a
delinquent child for committing an act
that would be a felony or an offense of
violence if committed by an adult.
(B) The clerk of the court shall maintain a statistical
record that includes all of the following:
(1) The number of complaints that are filed with the court
that allege that a child is a delinquent child, in relation to
which the court determines under division (D) of section 2151.27
of the Revised Code that the victim of the alleged delinquent
act was sixty-five years of age or older or permanently and
totally disabled at the time of the alleged commission of the
act;
(2) The number of complaints described in division (B)(1)
of this section that result in the child being adjudicated a
delinquent child;
(3) The number of complaints described in division (B)(2)
of this section in which the act upon which the delinquent child
adjudication is based caused property damage or would be a theft
offense, as defined in division (K) of section 2913.01 of the
Revised Code, if committed by an adult;
(4) The number of complaints described in division (B)(3)
of this section that result in the delinquent child being
required as an order of disposition made under division (A)(8)(b)
of section 2151.355 of the Revised Code to make restitution for
all or part of the property damage caused by the child's
delinquent act
or for all or part of the value of the property that was the
subject of the delinquent act that would be a theft offense if
committed by an adult;
(5) The number of complaints described in division (B)(2)
of this section in which the act upon which the delinquent child
adjudication is based would have been an offense of violence if
committed by an adult;
(6) The number of complaints described in division (B)(5)
of this section that result in the delinquent child being
committed as an order of disposition made under division (A)(3),
(4), (5), (6), or (7) of section 2151.355 of the Revised Code to any
facility for delinquent children operated by the county, a
district, or a private agency or organization or to the
department of youth services;
(7) The number of complaints described in division (B)(1)
of this section that result in the case being transferred for
criminal prosecution to an appropriate court having jurisdiction
of the offense under section 2151.26 of the Revised Code.
(C) The clerk of the court shall compile an annual summary
covering the preceding calendar year showing all of the
information for that year contained in the statistical record
maintained under division (B) of this section. The statistical
record and the annual summary shall be public records open for
inspection. Neither the statistical record nor the annual
summary shall include the identity of any party to a case.
(D) Not later than June of each year, the court shall
prepare an annual report covering the preceding calendar year
showing the number and kinds of cases that have come before it,
the disposition of the cases, and any other data pertaining to
the work of the court that the juvenile judge directs. The
court shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may print or
cause to be printed copies of the report for
distribution to persons and agencies interested in
the court or community program for dependent, neglected, abused,
or delinquent children and juvenile traffic offenders. The court shall
include the number of copies ordered printed and the estimated cost of
each printed copy on each copy of the report printed for
distribution.
Sec. 2151.31. (A) A child may be taken into custody in
any of the following ways:
(1) Pursuant to an order of the court under this chapter OR PURSUANT TO AN
ORDER OF THE COURT UPON A MOTION FILED PURSUANT TO DIVISION (B) OF
SECTION 2930.05 of the Revised Code;
(2) Pursuant to the laws of arrest;
(3) By a law enforcement officer or duly authorized
officer of the court when any of the following conditions are
present:
(a) There are reasonable grounds to believe that the child
is suffering from illness or injury and is not receiving proper
care, as described in section 2151.03 of the Revised Code, and
the child's removal is necessary to prevent immediate or
threatened
physical or emotional harm;
(b) There are reasonable grounds to believe that the child
is in immediate danger from the child's surroundings and
that the child's removal
is necessary to prevent immediate or threatened physical or
emotional harm;
(c) There are reasonable grounds to believe that a parent,
guardian, custodian, or other household member of the child's
household has abused or neglected another child in the household
and to believe that the child is in danger of immediate or
threatened physical or emotional harm from that person.
(4) By an enforcement official, as defined in section
4109.01 of the Revised Code, under the circumstances set forth in
section 4109.08 of the Revised Code;
(5) By a law enforcement officer or duly authorized
officer of the court when there are reasonable grounds to believe
that the child has run away from the child's parents,
guardian, or other
custodian;
(6) By a law enforcement officer or duly authorized
officer of the court when any of the following apply:
(a) There are reasonable grounds to believe that the
conduct, conditions, or surroundings of the child are endangering
the health, welfare, or safety of the child.
(b) A complaint has been filed with respect to the child
under section 2151.27 of the Revised Code and there are
reasonable grounds to believe that the child may abscond or be
removed from the jurisdiction of the court.
(c) The child is required to appear in court and there are
reasonable grounds to believe that the child will not be brought
before the court when required.
(B)(1) The taking of a child into custody is not and shall
not be deemed an arrest except for the purpose of determining its
validity under the constitution of this state or of the United
States.
(2) Except as provided in division (C) of section 2151.311
of the Revised Code, a child taken into custody shall not be held
in any state correctional institution, county,
multicounty, or municipal jail or workhouse, or any other place
where any adult convicted of crime, under arrest, or charged with
crime is held.
(C) A child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to
the implementation of the court's final order of disposition,
unless detention or shelter care is required to protect the
child from immediate or threatened physical or emotional harm,
because the child may abscond or be removed from the jurisdiction
of the court, because the child has no parents, guardian, or
custodian or other person able to provide supervision and care
for the child and return the child to the
court when required, or because an
order for placement of the child in detention or shelter care has
been made by the court pursuant to this chapter.
(D) Upon receipt of notice from a person that the person
intends to take an alleged abused, neglected, or dependent child
into custody pursuant to division (A)(3) of this section, a
juvenile judge or a designated referee may grant by telephone an
ex parte emergency order authorizing the taking of the child into
custody if there is probable cause to believe that any of the
conditions set forth in divisions (A)(3)(a) to (c) of this
section are present. The judge or referee shall journalize any
ex parte emergency order issued pursuant to this division. If an
order is issued pursuant to this division and the child is taken
into custody pursuant to the order, a sworn complaint shall be
filed with respect to the child before the end of the next
business day after the day on which the child is taken into
custody and a hearing shall be held pursuant to division (E) of
this section and the Juvenile Rules. A juvenile judge or referee
shall not grant an emergency order by telephone pursuant to this
division until after the judge or referee determines that
reasonable efforts have
been made to notify the parents, guardian, or custodian of the
child that the child may be placed into shelter care and of the
reasons for placing the child into shelter care, except that, if
the requirement for notification would jeopardize the physical or
emotional safety of the child or result in the child being
removed from the court's jurisdiction, the judge or referee may
issue the order for taking the child into custody and placing the
child into shelter care prior to giving notice to the parents,
guardian, or custodian of the child.
(E) If a judge or referee pursuant to division (D) of this
section issues an ex parte emergency order for taking a child
into custody, the court shall hold a hearing to determine whether
there is probable cause for the emergency order. The hearing
shall be held before the end of the next business day after the
day on which the emergency order is issued, except that it shall
not be held later than seventy-two hours after the emergency
order is issued.
If the court determines at the hearing that there is not
probable cause for the issuance of the emergency order issued
pursuant to division (D) of this section, it shall order the
child released to the custody of the child's parents,
guardian, or
custodian. If the court determines at the hearing that there is
probable cause for the issuance of the emergency order issued
pursuant to division (D) of this section, the court shall do
both
of the following:
(1) Ensure that a complaint is filed or has been filed;
(2) Hold a hearing pursuant to section 2151.314 of the
Revised Code to determine if the child should remain in shelter
care.
(F) If the court determines at the hearing held pursuant
to division (E) of this section that there is probable cause to
believe that the child is an abused child, as defined in division
(A) of section 2151.031 of the Revised Code, the court may do any
of the following:
(1) Upon the motion of any party, the guardian ad litem,
the prosecuting attorney, or an employee of the public children
services
agency, or its own motion, issue
reasonable
protective orders with respect to the interviewing or deposition
of the child;
(2) Order that the child's testimony be videotaped for
preservation of the testimony for possible use in any other
proceedings in the case;
(3) Set any additional conditions with respect to the
child or the case involving the child that are in the best
interest of the child.
(G) This section is not intended, and shall not be
construed, to prevent any person from taking a child into
custody, if taking the child into custody is necessary in an
emergency to prevent the physical injury, emotional harm, or
neglect of the child.
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)(c) 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) If the child is adjudicated a delinquent child for committing a
category one offense or a category two offense and is committed to the legal
custody of the department of youth services pursuant to division
(A)(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 2941.142 of the
Revised Code in relation to the act for which the child was
adjudicated a delinquent child, the court shall commit the child to the legal
custody of the
department of youth services for institutionalization in a secure facility for
a period of not less than one year or more than three years, subject to
division (A)(7)(c) of this section.
(c) The court shall not
commit a child to the legal custody of the department of youth services
pursuant to division (A)(7)(a) or (b) of this section for a period of time
that exceeds three years. The period of
commitment imposed pursuant to division (A)(7)(a) or (b) 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) Impose a period of day reporting in which the child is
required each day to report to and leave a center or other
approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center;
(12) Impose a period of electronically monitored house
arrest in accordance with division
(I) of this section;
(13) Impose a period of community service of up to five
hundred hours;
(14) Impose a period in an alcohol or drug treatment
program with a level of security for the child as determined
necessary by the court;
(15) Impose a period of intensive supervision, in which the
child is required to maintain frequent contact with a person
appointed by the court to supervise the child while the child is
seeking or maintaining employment and participating in training,
education, and treatment programs as the order of
disposition;
(16) Impose a period of basic supervision, in which the
child is required to maintain contact with a person appointed to
supervise the child in accordance with sanctions imposed by the
court;
(17) Impose a period of drug and alcohol use
monitoring;
(18) Impose a period in which the court orders the child
to observe a curfew that may involve daytime or evening
hours;
(19) Require the child to obtain a high
school diploma, a certificate of high school equivalence, or
employment;
(20) If the court obtains the assent of the victim
of the criminal act committed by the child, require
the child to participate in a reconciliation or mediation program
that includes a meeting in which the child and the victim may
discuss the criminal act, discuss restitution, and consider
other sanctions for the criminal act;
(21) Commit the child to the temporary or permanent custody of the court;
(22) Make any further disposition that the court finds
proper, except that the child shall not be placed in any
state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place in which an adult
convicted of a crime, under arrest, or charged with a crime is held
(22).
(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)(F)(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)(F)(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, 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
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 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 OR OFFENSE OF VIOLENCE 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 division (I)(2) of this section, "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.
(3) Sections 2923.44 to 2923.47 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
in violation of section
2923.42 of the Revised Code. Subject to division
(B) of section 2923.44 and division (E) of section 2923.45
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 2923.41 of the Revised Code and further described in
section 2923.44 or 2923.45 of the Revised Code.
(J)(1) As used in this section:
(a) "Electronic monitoring device," "certified electronic
monitoring device," "electronic monitoring system," and
"certified electronic monitoring system" have the same meanings
as in section 2929.23 of the Revised Code.
(b) "Electronically monitored house detention" means a
period of confinement of a child in the child's home or in other
premises
specified by the court, during which period of confinement all of
the following apply:
(i) The child wears, otherwise has attached to the child's person,
or otherwise is subject to monitoring by a certified electronic
monitoring device or is subject to monitoring by a certified
electronic monitoring system.
(ii) The child is required to remain in the child's home or other
premises specified by the court for the specified period of
confinement, except for periods of time during which the child is
at school or at other premises as authorized by the court.
(iii) The child is subject to monitoring by a central
system that monitors the certified electronic monitoring device
that is attached to the child's person or that otherwise is being
used to
monitor the child and that can monitor and determine the child's location at
any time or at a designated point in time, or the child is required
to
participate in monitoring by a certified electronic monitoring
system.
(iv) The child is required by the court to report
periodically to a person designated by the court.
(v) The child is subject to any other restrictions and
requirements that may be imposed by the court.
(2) A juvenile court, pursuant to division (A)(10) of this
section, may impose a period of electronically monitored house
detention upon a child who is adjudicated a delinquent child for
committing an act that, if committed by an adult, would be a
criminal offense that would qualify the adult as an eligible
offender pursuant to division (A)(3) of section 2929.23 of the
Revised Code. The court may impose a period of electronically
monitored house detention in addition to or in lieu of any other
dispositional order imposed upon the child, except that any
period of electronically monitored house detention shall not
extend beyond the child's eighteenth birthday. If a court
imposes a period of electronically monitored house detention upon
a child, it shall require the child to wear, otherwise have
attached to the child's person, or otherwise be subject to
monitoring by
a certified electronic monitoring device or to participate in the
operation of and monitoring by a certified electronic monitoring
system; to remain in the child's home or other specified premises
for the
entire period of electronically monitored house detention except
when the court permits the child to leave those premises to go to
school or to other specified premises; to be monitored by a
central system that monitors the certified electronic monitoring
device that is attached to the child's person or that otherwise is
being used to monitor the child and that can monitor and determine
the child's location at any time or at a designated point in time
or to be monitored by the certified electronic monitoring system; to
report periodically to a person designated by the court; and, in
return for receiving a dispositional order of electronically
monitored house detention, to enter into a written contract with
the court agreeing to comply with all restrictions and
requirements imposed by the court, agreeing to pay any fee
imposed by the court for the costs of the electronically
monitored house detention imposed by the court pursuant to
division (E) of section 2929.23 of the Revised Code, and agreeing
to waive the right to receive credit for any time served on
electronically monitored house detention toward the period of any
other dispositional order imposed upon the child for the act for
which the dispositional order of electronically monitored house
detention was imposed if the child violates any of the restrictions
or requirements of the dispositional order of electronically
monitored house detention. The court also may impose other reasonable
restrictions and requirements upon the child.
(3) If a child violates any of the restrictions or
requirements imposed upon the child as part of the child's dispositional order
of electronically monitored house detention, the child shall not receive
credit for any time served on electronically monitored house
detention toward any other dispositional order imposed upon
the child for the act for which the dispositional order of
electronically
monitored house detention was imposed.
(K) Within ten days after completion of the adjudication,
the court shall give written notice of an adjudication that a
child is a delinquent child to the superintendent of a city,
local, exempted village, or joint vocational school district if
the basis of the adjudication was the commission of an act that
would be a criminal offense if committed by an adult and that was
committed by the delinquent child when the child was sixteen
years of age or older and if the act is any of the following:
(1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district;
(2) A violation of section 2923.12 of the Revised Code or of
a substantially similar municipal ordinance that was committed
on property owned or controlled by, or at an activity held under the auspices
of, the board of education of that school district;
(3) A violation of division (A) of section 2925.03 or 2925.11 of the Revised
Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district and that is not a minor drug
possession offense as defined in section 2925.01 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled by, or at an activity held
under the auspices of, the board of education of that school district, if the
victim at the time of
the commission of the act was an employee of the board of
education of that school district;
(5) Complicity in any violation described in division
(K)(1), (2), (3), or (4) of this section that
was alleged to have been
committed in the manner described in division (K)(1), (2),
(3), or (4) of this section, regardless of whether the
act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district.
(L) During the period of a delinquent child's probation
granted
under division
(A)(2) of this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may search,
with or without a warrant, the person of the delinquent child, the place of
residence of the delinquent child, and a motor vehicle, another item of
tangible or intangible personal property, or other real property in which the
delinquent child has a right, title, or interest or for which the delinquent
child has the express or implied permission of a person with a right, title,
or
interest to use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the law or
otherwise is not complying with the conditions of the delinquent child's
probation. The court that places a delinquent child on probation under
division (A)(2) of this section shall provide the delinquent child with a
written notice that
informs the delinquent child that authorized probation officers who are
engaged within the scope of their supervisory duties or responsibilities may
conduct those types
of searches during the period of probation if they have reasonable grounds to
believe that the delinquent child is not abiding by the law or otherwise is
not complying with the conditions of the delinquent child's probation. The
court also shall provide the written notice described in division
(C)(2)(b) of section 2151.411 of the Revised Code to each parent, guardian, or
custodian of the delinquent child who is described in division (C)(2)(a) of
that section.
Sec. 2151.38. (A) When a child is committed to the legal
custody of the department of youth services, the jurisdiction of
the juvenile court with respect to the child so committed shall
cease and terminate at the time of commitment, except as provided
in divisions (B), (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
JUVENILE COURT
DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S INVOLVEMENT IN THE
CASE, THE COURT OR A COURT EMPLOYEE SHALL NOTIFY THE VICTIM IN THE
CASE THAT THE DEFENDANT WILL BE GRANTED PRETRIAL DIVERSION, THE
COMPLAINT AGAINST THAT DEFENDANT WILL BE AMENDED OR DISMISSED, OR
THE COURT WILL CONDUCT 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
AND A COURT'S FAILURE TO PROVIDE THE NOTICE AS REQUIRED BY THIS DIVISION
DO 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, EXCEPT THAT, IF
THE JUVENILE COURT DISPOSES OF A CASE PRIOR TO THE PROSECUTOR'S
INVOLVEMENT IN THE CASE, THE COURT OR A 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, EXCEPT THAT, IF THE
JUVENILE COURT DISMISSES THE COMPLAINT AGAINST THE DEFENDANT OR
ADJUDICATES THE DEFENDANT A DELINQUENT CHILD PRIOR TO THE PROSECUTOR'S
INVOLVEMENT IN THE CASE, AT THE REQUEST OF THE VICTIM, THE COURT OR A
COURT EMPLOYEE SHALL GIVE THE VICTIM NOTICE OF THE DISMISSAL OR OF
THE ADJUDICATION. 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 the prosecutor's
reasonable
estimate of that date OR THE DATE ON WHICH THE DEFENDANT WILL
HAVE SERVED THE MINIMUM PERIOD OF COMMITMENT 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.
Section 2. That existing sections 109.42, 109.57, 2151.18, 2151.31, 2151.355,
2151.38, 2930.01,
2930.02, 2930.05, 2930.06, 2930.07, 2930.09, 2930.10,
2930.11, 2930.12, 2930.13, 2930.14, 2930.15, 2930.16, 2930.17,
2930.18, and 2930.19 of the Revised Code are hereby repealed.
Section 3. Section 2151.355 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 2 and Am. Sub. H.B. 526 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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