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H. B. No. 130 -- As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES DePiero, Hughes, Jones, Hartnett, Olman, Britton, Allen, Goodman, Sullivan, Redfern, Rhine, Distel, Womer Benjamin, Krupinski, Seaver, Cirelli, Jerse, Flowers, Lendrum, Evans
A BILL
To amend sections 2151.355, 2151.62, and 2929.14 and
to enact section
2941.1412 of the Revised Code to
require a mandatory prison term
or a commitment to
the Department
of Youth Services for
discharging a
firearm at a
peace officer and to maintain the
provisions of this act on and after January 1,
2002, by amending the version of section 2152.72
of the Revised Code that takes effect on that
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.355, 2151.62, and 2929.14 be
amended and section
2941.1412 of the Revised Code be enacted to
read as follows:
Sec. 2151.355. (A) If a child is adjudicated a delinquent
child, the court
may make any of the following orders of
disposition: (1) Any order that is authorized by section 2151.353 of
the
Revised Code; (2) Place the child on probation under any conditions that
the court prescribes. If the child is adjudicated a delinquent
child for violating section 2909.05, 2909.06, or 2909.07 of
the
Revised Code and if restitution is appropriate under the
circumstances of the case, the court shall require the child to
make restitution for the property damage caused by the child's
violation
as a condition of the child's probation. If the child
is
adjudicated a delinquent child because the child violated any
other
section of the Revised Code, the court may require the child
as a
condition of the child's probation to make restitution for
the property
damage caused by the child's violation and for the
value of the
property that was the subject of the violation the
child committed if it would
be a theft offense, as defined in
division (K) of section 2913.01
of the Revised Code, if committed
by an adult. The restitution
may be in the form of a cash
reimbursement paid in a lump sum or
in installments, the
performance of repair work to restore any
damaged property to its
original condition, the performance of a
reasonable amount of
labor for the victim approximately equal to
the value of the
property damage caused by the child's violation or
to the value of
the property that is the subject of the violation if
it would be a
theft offense if committed by an adult, the
performance of
community service or community work, any other
form of restitution
devised by the court, or any combination of
the previously
described forms of restitution. If the child is adjudicated a delinquent child for violating
a law of
this state or the United States, or an ordinance or
regulation of a political subdivision of this state, that would be
a crime if
committed by an adult or for
violating division (A) of
section 2923.211 of the Revised Code, the court,
in addition to
all
other required or permissive conditions of probation that
the
court imposes upon the
delinquent child pursuant to division
(A)(2) of this section,
shall require the child as a condition of
the child's probation
to abide by the law during the period of
probation, including, but not limited
to, complying with the
provisions of
Chapter 2923. of the Revised Code relating to
the
possession, sale, furnishing, transfer, disposition, purchase,
acquisition, carrying, conveying, or use of, or other conduct
involving, a firearm or dangerous ordnance, as
defined in section
2923.11 of the Revised Code. (3) Commit the child to the temporary custody of any
school,
camp, institution, or other facility
operated for the care of
delinquent children by the
county, by a district organized under
section 2151.34 or 2151.65
of the Revised Code, or by a private
agency or organization,
within or without the state, that is
authorized and qualified to
provide the care, treatment, or
placement required; (4) If the child is adjudicated a delinquent child for
committing an act that
would be a felony of the third, fourth, or
fifth degree if committed by an
adult or for violating division
(A) of section 2923.211 of the
Revised Code, commit the child to
the legal custody of
the department of youth services for
institutionalization for an
indefinite term consisting of a
minimum period of six months and
a maximum period not to exceed
the child's attainment of twenty-one years of
age; (5)(a) If the child is adjudicated a delinquent child for
violating section 2903.03, 2905.01, 2909.02, or 2911.01 or
division
(A) of section 2903.04 of the Revised Code or for
violating any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the
sexual
conduct or insertion involved was consensual and when the victim
of the
violation of division (A)(1)(b) of that section
was older
than the delinquent child, was the same age as the
delinquent
child, or was less than three years younger than the
delinquent
child, commit the child to
the legal custody of the department of
youth
services for institutionalization in a secure facility for
an indefinite term
consisting of a minimum period of one to three
years, as prescribed by the
court, and a maximum period not to
exceed the child's attainment of twenty-one
years of age; (b) If the child is adjudicated a delinquent
child for
violating section 2923.02 of the Revised Code and
if the violation
involves an attempt to commit a violation of section 2903.01
or
2903.02 of the Revised Code, commit the child to
the legal custody
of the department of youth services for institutionalization
in a
secure facility for an indefinite term consisting of a minimum
period of
six to seven years, as prescribed by the court, and a
maximum period not to
exceed the child's attainment of twenty-one
years of age; (c) If the child is adjudicated a delinquent child for
committing an act that
is not described in division (A)(5)(a) or
(b) of this section and that
would be a felony of the first or
second degree if committed
by an adult, commit the child to the
legal custody
of the department of youth services for
institutionalization in a
secure facility for an indefinite term
consisting of a minimum
period of one year and a maximum period
not to exceed the child's
attainment of twenty-one years of age. (6) If the child is adjudicated a delinquent child for
committing a violation of section 2903.01 or 2903.02 of the
Revised Code,
commit the child to
the legal custody of the
department of youth services for
institutionalization in a secure
facility until the child's
attainment of twenty-one years of age; (7)(a) If the child is adjudicated a delinquent
child for
committing an act,
other than a violation of section 2923.12 of
the Revised Code, that would be a
felony if committed by an adult
and is committed to the legal
custody of the department of youth
services pursuant to division
(A)(4), (5), or (6) of this section
and if the
court determines that the child, if the child was an
adult, would be guilty of
a specification of the type set forth in
section
2941.141, 2941.144, 2941.145,
or 2941.146,
or
2941.1412 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,
or
2941.1412 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) Impose a fine and costs in accordance with
the schedule
set forth in section 2151.3512 of the Revised Code; (9) 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. (10) 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. (11) 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 (J) of this section
that
does not exceed the maximum sentence of imprisonment that could
be
imposed upon an adult who commits the same act; (12) 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; (13) Impose a period of electronically monitored house
arrest in accordance with division
(J) of this section; (14) Impose a period of community service of up to five
hundred hours; (15) Impose a period in an alcohol or drug treatment
program
with a level of security for the child as determined
necessary by
the court; (16) 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; (17) 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; (18) Impose a period of drug and alcohol use
monitoring; (19) Impose a period in which the court orders the child
to
observe a curfew that may involve daytime or evening
hours; (20) Require the child to obtain a high
school diploma, a
certificate of high school equivalence, or
employment; (21) 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; (22) Commit the child to the temporary or permanent
custody
of the court; (23)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year; (24)(a) If a child is adjudicated a delinquent child
for
being a
chronic truant or an habitual truant who previously has
been
adjudicated an unruly child for being an habitual truant,
do
either or both of the following: (i) Require the child to participate in a truancy prevention
mediation program; (ii) Make any
order of disposition as authorized by this
section, except that the court
shall not commit the child to a
facility
described in division (A)(3) of this section unless the
court
determines that the child violated a lawful court order made
pursuant to division (C)(1)(e) of section 2151.354 of
the Revised
Code or division (A)(23) of this
section. (b) If a child is adjudicated a delinquent child for being a
chronic truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual
truant and the
court determines that the parent, guardian, or
other person having
care of the child has failed to cause the
child's attendance at
school in violation of section 3321.38 of
the Revised Code,
do
either or both of the following: (i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) Require the parent, guardian, or other person
having
care of the child to participate in any community service
program,
preferably a community service program that requires the
involvement of the parent, guardian, or other person having care
of the child in the school attended by the child. (25) 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. (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 being a
chronic truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual
truant and the
court determines that the parent, guardian, or
other person having
care of the child has failed to cause the
child's attendance at
school in violation of section 3321.38 of
the Revised Code,
in
addition to any order of disposition it makes under this section,
the court shall warn the parent, guardian, or other person having
care of the child that any subsequent adjudication of the child as
an unruly or delinquent child for being an habitual or chronic
truant may result in a criminal charge against the parent,
guardian, or other person having care of the child for a violation
of division (C) of section 2919.21 or section 2919.24 of the
Revised Code. (3) 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
(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
(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, 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) 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. (2) 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) A juvenile court, pursuant to division (A)(11)
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. (2) 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)(1) 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, and
to
the principal of the school the child attends, if
the basis of
the adjudication was the commission of an act that
would be a
criminal offense if committed by an adult,
if the act was
committed by the delinquent child when the child was
fourteen
years of age or older, and if the act is any of the following: (a) An act that would be a felony or an offense of violence
if
committed by an adult, an act in the commission of which the
child used
or brandished a firearm, or an act that is a violation
of section 2907.04,
2907.06, 2907.07, 2907.08, 2907.09, 2907.24,
or 2907.241 of the Revised Code
and that would be a misdemeanor if
committed by an adult; (b) A violation of section 2923.12 of the Revised Code or of
a substantially similar municipal ordinance that would be a
misdemeanor if
committed by an adult and 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; (c) A violation of division (A) of section 2925.03 or
2925.11 of the Revised
Code that would be a misdemeanor if
committed by an adult, 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; (d) Complicity in any violation described in division
(K)(1)(a) of this section, or complicity
in any violation
described in division (K)(1)(b)
or (c) of this section that
was
alleged to have been
committed in the manner described in division
(K)(1)(b) or
(c) of this section, and
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. (2) The notice given pursuant to division (K)(1) of this
section shall include the name of the child who was adjudicated to
be a
delinquent child, the child's age at the time the child
committed the act that
was the basis of the adjudication, and
identification of the violation
of the law or ordinance that was
the basis of the adjudication.
(L) During the period of a delinquent child's probation
granted under division
(A)(2) of this section, authorized
probation officers who are engaged
within the scope of their
supervisory duties or responsibilities may search,
with or without
a warrant, the person of the delinquent child, the place of
residence of the delinquent child, and a motor vehicle, another
item of
tangible or intangible personal property, or other real
property in which the
delinquent child has a right, title, or
interest or for which the delinquent
child has the express or
implied permission of a person with a right, title,
or
interest to
use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the
law or
otherwise is not complying with the conditions of the
delinquent child's
probation. The court that places a delinquent
child on probation under
division (A)(2) of this section shall
provide the delinquent child with a
written notice that
informs
the delinquent child that authorized probation officers who are
engaged within the scope of their supervisory duties or
responsibilities may
conduct those types
of searches during the
period of probation if they have reasonable grounds to
believe
that the delinquent child is not abiding by the law or otherwise
is
not complying with the conditions of the delinquent child's
probation. The
court also shall provide the written notice
described in division
(C)(2)(b) of section 2151.411 of the Revised
Code to each parent, guardian, or
custodian of the delinquent
child who is described in division (C)(2)(a) of
that section. (M) As used in this section: (1)
"Certified electronic monitoring device,"
"certified
electronic
monitoring system,"
"electronic monitoring device," and
"electronic monitoring
system" have the same meanings as in
section 2929.23 of the Revised Code. (2)
"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: (a) 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. (b) 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. (c) 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. (d) The child is required by the court to report
periodically to a person designated by the court. (e) The child is subject to any other restrictions and
requirements that may be imposed by the court. (3)
"Felony drug abuse offense" and
"minor drug possession
offense" have
the same meanings as in section 2925.01 of the
Revised Code. (4)
"Firearm" has the same meaning as in section 2923.11 of
the Revised Code. (5)
"Sexually oriented offense" has the same meaning as in
section 2950.01
of the Revised Code. (6)
"Theft offense" has the same meaning as in section
2913.01 of the Revised
Code.
Sec. 2151.62. (A) This section applies only to a child who
is or
previously has been adjudicated a delinquent child for an
act to which any of
the following applies: (1) It is a violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05
of the Revised Code; (2) It is a violation of section 2923.01 of the
Revised Code
and involved an attempt to
commit aggravated murder or murder; (3) It would be a felony if committed by an adult, and the
court determined that the child, if an adult, would be guilty of
a
specification found in section 2941.141, 2941.144,
or 2941.145, or
2941.1412
of
the Revised Code or in another section of the
Revised
Code that
relates to the possession or use of a
firearm
during the
commission of the act for which the child was adjudicated a
delinquent child; (4) It would be an offense of violence that is a felony if
committed by an adult, and the court determined that the child, if
an
adult, would be guilty of a specification found in section
2941.1411 of the Revised Code or
in another section of the Revised
Code that
relates to the wearing or carrying of body armor during
the commission
of the act for which the child was adjudicated a
delinquent
child. (B)(1) Except as provided in division (E) of this
section,
a
public children services agency, private child placing
agency,
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place
a child in a
certified foster home until it provides the foster
caregivers with all
of the
following: (a) A written report describing the child's social history; (b) A written report describing all the acts committed by
the
child
the entity knows of that
resulted in the child being
adjudicated a delinquent child and
the disposition made by the
court, unless the records pertaining
to the acts have been sealed
pursuant to section 2151.358 of the
Revised Code; (c) A written report describing any other violent act
committed
by the
child of which the entity is aware; (d) The substantial and material conclusions and
recommendations
of any
psychiatric or psychological examination
conducted
on the child or, if no psychological or psychiatric
examination of the child
is available, the substantial and
material conclusions and recommendations of
an examination to
detect mental and emotional disorders conducted in
compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical
counselor, or
professional counselor licensed under that chapter.
The entity shall not
provide any part of a psychological,
psychiatric, or mental and emotional
disorder examination to the
foster caregivers other than the substantial and
material
conclusions. (2) Notwithstanding section 2151.358 of the Revised
Code, if
records of an adjudication that a child is a delinquent
child have
been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster
caregivers a
written statement that the records of a prior
adjudication have been sealed. (C) The entity that places
the child in a certified foster
home shall conduct a psychological
examination of the
child,
except that the entity is not required to conduct the examination
if
such an examination was conducted no more than one year prior
to the child's
placement. No later than sixty days after placing
the child, the entity shall
provide the foster
caregiver a written
report detailing the substantial and material conclusions
and
recommendations of the examination conducted
pursuant to this
division. (D)(1) Except as provided in divisions (D)(2) and (3) of
this
section, the expenses of conducting the examinations and
preparing the reports
and assessment required by division (B) or
(C) of this
section shall be paid by the entity that places the
child in the
certified foster home. (2) When a juvenile court grants temporary or permanent
custody of a child
pursuant to any section of the Revised Code,
including section 2151.33,
2151.353, 2151.354,
or 2151.355 of the
Revised Code, to a public children services agency or
private
child placing agency, the
court shall provide the agency the
information described in division
(B) of this
section, pay the
expenses of preparing that information, and, if a new
examination
is required to be conducted, pay the expenses of
conducting the
examination described in division (C) of this section.
On receipt
of the information described in division (B) of this
section, the
agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the
acknowledgment and
provide a copy to the agency. On the motion of
the agency, the court may
terminate the order granting
temporary
or permanent custody of the child to that agency, if the court
does
not provide the information described in division (B) of this
section. (3) If one of the following entities is placing a child in a
certified
foster home
with the assistance of or by contracting
with a public children services
agency, private child placing
agency, or a private noncustodial agency, the
entity shall provide
the agency with the information described in division
(B) of this
section, pay the expenses of preparing that information,
and, if a
new examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this
section: (a) The department of youth services if the placement is
pursuant
to any section of the Revised Code including section
2151.38, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised
Code; (b) A juvenile court with temporary or permanent custody of
a
child pursuant to section 2151.354 or 2151.355 of the Revised
Code; (c) A public children services agency or private child
placing
agency with temporary or permanent custody of the child. The agency receiving the information described in division
(B) of
this section shall provide the entity
described in division
(D)(3)(a) to (c)
of this section that sent the information written
acknowledgment that the
agency received
the information and
provided it to the foster caregivers. The entity shall
keep the
acknowledgment and provide a copy
to the agency. An entity that
places a child in a certified foster home with the assistance of
or by
contracting with an agency remains responsible to provide
the
information described in division
(B) of this section to the
foster caregivers unless the entity receives written
acknowledgment that the agency provided the information. (E) If a child is placed
in a certified foster home as a
result of an emergency removal of the
child from home pursuant to
division
(D) of section 2151.31 of the
Revised Code, an emergency
change in
the child's case plan pursuant to division
(E)(3) of
section 2151.412 of
the Revised Code, or an emergency placement by
the
department of youth services pursuant to this chapter or
Chapter
5139. of the Revised Code, the entity that places the
child
in the certified foster
home shall provide the information
described in division
(B) of this section no later
than ninety-six
hours after the child is placed in the certified foster
home. (F) On receipt of the information described in divisions
(B)
and (C) of this section, the foster caregiver shall
provide to the
entity that places the child in the foster caregiver's home a
written acknowledgment that the foster caregiver received the
information.
The
entity shall keep the acknowledgment and provide
a copy to the foster
caregiver. (G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
certified foster home
shall
fail to provide the foster caregivers
with the information
required by divisions (B) and
(C) of this
section. (H) It is not a violation of any duty of
confidentiality
provided for in the
Revised
Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with
division
(B)(1)(d) or
(C) of this section. (I) As used in this section: (1) "Body armor" has the same meaning as in section
2941.1411 of
the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless the
court finds
on the record that the shortest prison term will
demean the
seriousness of the offender's conduct or will not
adequately
protect the public from future crime by the offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
chapter
Chapter 2967. or
chapter
Chapter 5120. of the
Revised Code. A court shall not impose more
than one prison term
on an offender under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an additional prison
term under division (D)(1)(a)
or (c)
of this section, the
court is not precluded from imposing
an additional prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code, the court, after imposing a
prison term on the
offender for the felony offense under division (A), (D)(2),
or
(D)(3) of this section, shall impose an additional prison term of
seven years upon the offender that shall not be reduced pursuant
to section 2929.20, section 2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall
not impose more than one
additional prison term on an offender
under division (D)(1)(f) of
this section for felonies committed as
part of the same act or transaction.
If a court
imposes an
additional prison term on an offender under division (D)(1)(f) of
this section relative to an offense,
the court also shall impose a
prison term under division (D)(1)(a)
or (c) of this section
relative to the same offense if the
criteria specified in those
divisions for imposing additional prison terms are
satisfied
relative to the offender and the offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
or if the court imposing sentence upon an offender for
a felony
finds that the offender is guilty
of corrupt activity with the
most serious offense in the pattern
of corrupt activity being a
felony of the first degree or is guilty of
an attempted forcible
violation of section 2907.02 of the Revised Code with
the victim
being under
thirteen years of age and that attempted violation is
the felony
for which sentence is being imposed, the court shall
impose upon
the offender for the felony violation a ten-year
prison term that
cannot be reduced pursuant to section 2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of section
2929.13 of the Revised
Code,
the sentencing court shall impose
upon the offender a mandatory prison term in
accordance with that
division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison
term of any
duration specified in division (A)(3) of this section
minus the sixty or one
hundred twenty days imposed upon the
offender as the mandatory prison term.
The total of the
additional prison term imposed under division (D)(4) of this
section
plus the sixty or one hundred twenty days imposed as the
mandatory prison term
shall equal one of
the authorized prison
terms specified in division (A)(3) of this section. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code or if a prison term is
imposed for a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for a prior
offense. (b) The harm caused by the multiple offenses
was so great or
unusual that no single prison term for any of the
offenses
committed as part of a single course of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court shall determine if
an
offender is eligible for placement in a program of shock
incarceration under
section 5120.031 of the Revised Code or is
eligible for placement in an intensive program
prison under
section 5120.032 of the Revised Code. The court may recommend the
offender for
placement in a program of shock incarceration, if
eligible, or for placement
in an intensive program prison, if
eligible, disapprove placement of the
offender in a program of
shock incarceration or in an intensive program
prison, regardless
of eligibility, or make no recommendation on placement of
the
offender. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court approves placement of the offender in a program
of shock
incarceration or in an intensive program prison, the
department shall notify
the court if the offender is subsequently
placed in the recommended program or
prison and shall include with
the notice a brief description of the placement. If the court approves placement of the offender in a program
of shock
incarceration or in an intensive program prison and the
department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an eligible offender, the department
shall screen the offender and
determine if there is an available
program of shock incarceration or an
intensive program prison for
which the offender is suited. If there is an
available program of
shock incarceration or an intensive program prison for
which the
offender is suited, the department shall notify the court of the
proposed placement of the offender and shall include with the
notice a brief
description of the placement. The court shall have
ten days from receipt of
the notice to disapprove the placement.
Sec. 2941.1412. (A) Imposition of a seven-year mandatory
prison
term upon an offender under division (D)(1)(f) of
section
2929.14
of the Revised Code is precluded unless the indictment,
count in
the indictment, or information charging the offense
specifies that the
offender discharged a firearm at a peace
officer while
committing the offense. The specification shall be
stated at the
end of the body of the indictment, count, or
information and
shall be in substantially the following form: "SPECIFICATION (or, SPECIFICATION TO THE FIRST
COUNT). The Grand Jurors (or insert the person's or the prosecuting
attorney's name when appropriate) further find and specify that
(set
forth that the offender discharged a firearm at a peace
officer while
committing the offense)." (B) As used in this section: (1)
"Firearm" has the same meaning as in section 2923.11 of
the
Revised Code. (2)
"Peace officer" has the same meaning as in section
2935.01 of
the Revised Code.
Section 2. That existing sections 2151.355, 2151.62, and
2929.14 of the Revised Code are hereby repealed.
Section 3. That the version of section 2152.72 of the Revised
Code that is scheduled to take effect January 1, 2002, be amended
to read as follows:
Sec. 2152.72. (A) This section applies only to a child who
is or
previously has been adjudicated a delinquent child for an
act to which any of
the following applies: (1) The act is a violation of section 2903.01, 2903.02,
2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or
2907.05 of the Revised Code; (2) The act is a violation of section 2923.01 of the
Revised
Code and involved an attempt to
commit aggravated murder or
murder; (3) The act would be a felony if committed by an adult, and
the
court determined that the child, if an adult, would be guilty
of
a specification found in section 2941.141, 2941.144,
or
2941.145, or 2941.1412
of the Revised Code or in another section
of the
Revised
Code that relates to the possession or use of a
firearm
during the
commission of the act for which the child was
adjudicated a
delinquent child; (4) It would be an offense of violence that is a felony if
committed by an adult, and the court determined that the child, if
an
adult, would be guilty of a specification found in section
2941.1411 of the Revised Code or
in another section of the Revised
Code that
relates to the wearing or carrying of body armor during
the commission
of the act for which the child was adjudicated a
delinquent
child. (B)(1) Except as provided in division (E) of this
section,
a
public children services agency, private child placing
agency,
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place
a child in a
certified foster home until it provides the foster
caregivers with all
of the
following: (a) A written report describing the child's social history; (b) A written report describing all the acts committed by
the
child
the entity knows of that
resulted in the child being
adjudicated a delinquent child and
the disposition made by the
court, unless the records pertaining
to the acts have been sealed
pursuant to section 2151.358 of the
Revised Code; (c) A written report describing any other violent act
committed
by the
child of which the entity is aware; (d) The substantial and material conclusions and
recommendations
of any
psychiatric or psychological examination
conducted
on the child or, if no psychological or psychiatric
examination of the child
is available, the substantial and
material conclusions and recommendations of
an examination to
detect mental and emotional disorders conducted in
compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical
counselor, or
professional counselor licensed under that chapter.
The entity shall not
provide any part of a psychological,
psychiatric, or mental and emotional
disorder examination to the
foster caregivers other than the substantial and
material
conclusions. (2) Notwithstanding section 2151.358 of the Revised
Code, if
records of an adjudication that a child is a delinquent
child have
been sealed pursuant to that section and an entity knows the
records have been sealed, the entity shall provide the foster
caregivers a
written statement that the records of a prior
adjudication have been sealed. (C) The entity that places
the child in a certified foster
home shall conduct a psychological
examination of the
child,
except that the entity is not required to conduct the examination
if
such an examination was conducted no more than one year prior
to the child's
placement. No later than sixty days after placing
the child, the entity shall
provide the foster
caregiver a written
report detailing the substantial and material conclusions
and
recommendations of the examination conducted
pursuant to this
division. (D)(1) Except as provided in divisions (D)(2) and (3) of
this
section, the expenses of conducting the examinations and
preparing the reports
and assessment required by division (B) or
(C) of this
section shall be paid by the entity that places the
child in the
certified foster home. (2) When a juvenile court grants temporary or permanent
custody of a child
pursuant to any section of the Revised Code,
including section 2151.33,
2151.353, 2151.354,
or 2152.19 of the
Revised Code, to a public children services agency or
private
child placing agency, the
court shall provide the agency the
information described in division
(B) of this
section, pay the
expenses of preparing that information, and, if a new
examination
is required to be conducted, pay the expenses of
conducting the
examination described in division (C) of this section.
On receipt
of the information described in division (B) of this
section, the
agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the
acknowledgment and
provide a copy to the agency. On the motion of
the agency, the court may
terminate the order granting
temporary
or permanent custody of the child to that agency, if the court
does
not provide the information described in division (B) of this
section. (3) If one of the following entities is placing a child in a
certified
foster home
with the assistance of or by contracting
with a public children services
agency, private child placing
agency, or a private noncustodial agency, the
entity shall provide
the agency with the information described in division
(B) of this
section, pay the expenses of preparing that information,
and, if a
new examination is required to be conducted, pay the expenses of
conducting the examination described in division (C) of this
section: (a) The department of youth services if the placement is
pursuant
to any section of the Revised Code including section
2152.22, 5139.06,
5139.07, 5139.38, or
5139.39 of the Revised
Code; (b) A juvenile court with temporary or permanent custody of
a
child pursuant to section 2151.354 or 2152.19 of the Revised
Code; (c) A public children services agency or private child
placing
agency with temporary or permanent custody of the child. The agency receiving the information described in division
(B) of
this section shall provide the entity
described in division
(D)(3)(a) to (c)
of this section that sent the information written
acknowledgment that the
agency received
the information and
provided it to the foster caregivers. The entity shall
keep the
acknowledgment and provide a copy
to the agency. An entity that
places a child in a certified foster home with the assistance of
or by
contracting with an agency remains responsible to provide
the
information described in division
(B) of this section to the
foster caregivers unless the entity receives written
acknowledgment that the agency provided the information. (E) If a child is placed
in a certified foster home as a
result of an emergency removal of the
child from home pursuant to
division
(D) of section 2151.31 of the
Revised Code, an emergency
change in
the child's case plan pursuant to division
(E)(3) of
section 2151.412 of
the Revised Code, or an emergency placement by
the
department of youth services pursuant to this chapter or
Chapter
5139. of the Revised Code, the entity that places the
child
in the certified foster
home shall provide the information
described in division
(B) of this section no later
than ninety-six
hours after the child is placed in the certified foster
home. (F) On receipt of the information described in divisions
(B)
and (C) of this section, the foster caregiver shall
provide to the
entity that places the child in the foster caregiver's home a
written acknowledgment that the foster caregiver received the
information.
The
entity shall keep the acknowledgment and provide
a copy to the foster
caregiver. (G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
certified foster home
shall
fail to provide the foster caregivers
with the information
required by divisions (B) and
(C) of this
section. (H) It is not a violation of any duty of
confidentiality
provided for in the
Revised
Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with
division
(B)(1)(d) or
(C) of this section. (I) As used in this section: (1) "Body armor" has the same meaning as in section
2941.1411 of
the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
Section 4. That the existing version of section 2152.72 of
the Revised Code that is scheduled to take effect on January 1,
2002, is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect on
January 1, 2002.
Section 6. (A) Section 2151.62 of the Revised Code is
presented in Section 1 of this act as a composite of the section
as amended by
both Sub. H.B. 448 and Am. Sub. S.B. 222 of the
123rd General
Assembly. The General Assembly, applying the
principle stated in
division (B) of section 1.52 of the Revised
Code that amendments
are to be harmonized if reasonably capable of
simultaneous
operation, finds that the composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in Section 1 of this act.
(B) Section 2152.72 of the Revised Code is presented in
Section 3 of this act as a composite of the section as amended by
Sub. H.B. 448, Am. Sub. S.B. 222, and Am. Sub. S.B. 179 of
the
123rd General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in Section 3 of this act.
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