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H. B. No. 247 As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Core, Willamowski, Webster, Seitz, Williams, Jerse, Otterman, Latta, DePiero, Coates, Lendrum
A BILL
| To amend sections 2151.14, 2152.18, 2152.19, 2152.71, | 1 |
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and 2951.03 of the Revised Code, effective January | 2 |
|
1, 2002, to ensure that prior delinquent child | 3 |
|
adjudication and disposition records are available | 4 |
|
for use in preparing presentence investigation | 5 |
|
reports for persons convicted of a criminal | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.14, 2152.18, 2152.19, 2152.71, | 8 |
and 2951.03 of the Revised Code be amended to read as follows: | 9 |
Sec. 2151.14. (A) The chief probation officer, under the | 10 |
direction of the juvenile judge, shall have charge of the work of | 11 |
the probation department. The department shall make any | 12 |
investigations that the judge directs, keep a written record of | 13 |
the investigations, and submit the record to the judge or deal | 14 |
with them as the judge directs. The department shall furnish to | 15 |
any
person placed on community control a statement of the | 16 |
conditions of
community control and shall instruct the person | 17 |
regarding them. The
department
shall keep informed concerning the | 18 |
conduct and condition of each
person under its supervision and | 19 |
shall report on their conduct
and condition to the judge as the | 20 |
judge directs. Each probation officer
shall use all suitable | 21 |
methods to aid persons on community
control and to
bring about | 22 |
improvement in their conduct and condition. The
department shall | 23 |
keep full records of its work, keep accurate and
complete accounts | 24 |
of money collected from persons under its
supervision, give | 25 |
receipts for the money, and make reports on the
money as the judge | 26 |
directs. | 27 |
(B) Except as provided in
this division or in division (C) | 28 |
or (D) of this
section, the reports and records of the department | 29 |
shall be
considered confidential information and shall not be made | 30 |
public.
If an officer is preparing pursuant to section 2947.06 or | 31 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 32 |
investigation report pertaining to a person, the department shall | 33 |
make available to the officer, for use in preparing the report, | 34 |
any reports and records it possesses regarding any adjudications | 35 |
of that person as a delinquent child or regarding the dispositions | 36 |
made relative to those adjudications. A probation officer may | 37 |
serve the process of the court within or
without the county, make | 38 |
arrests without warrant upon
reasonable
information or upon view | 39 |
of the violation of this
chapter or
Chapter 2152. of the Revised | 40 |
Code, detain the person arrested
pending the issuance of a | 41 |
warrant, and perform any other duties,
incident to the office, | 42 |
that the judge directs. All sheriffs,
deputy sheriffs, | 43 |
constables, marshals, deputy marshals, chiefs of
police,
municipal | 44 |
corporation and township police officers, and
other
peace officers | 45 |
shall render assistance to probation officers
in
the performance | 46 |
of their duties when requested to do so by any
probation officer. | 47 |
(C) When a complaint has been filed alleging that a child
is | 48 |
delinquent by reason of having committed an act that would | 49 |
constitute a violation of section 2907.02, 2907.03,
2907.05, or | 50 |
2907.06 of the Revised Code if committed by
an adult and the | 51 |
arresting authority, a court, or a probation
officer discovers | 52 |
that the child or a person whom the child
caused to engage in | 53 |
sexual activity, as defined in section
2907.01 of the Revised | 54 |
Code, has a communicable disease, the
arresting authority, court, | 55 |
or probation officer immediately
shall notify the victim of the | 56 |
delinquent act of the nature of
the disease. | 57 |
(D)(1) In accordance with division (D)(2) of this section, | 58 |
subject to the limitation specified in division (D)(4) of this | 59 |
section, and in connection with a disposition pursuant to section | 60 |
2151.354 of the Revised Code when a child has been found to be an | 61 |
unruly child, a disposition pursuant to sections
2152.19 and | 62 |
2152.20 of the
Revised Code when a child has been found to be a | 63 |
delinquent
child, or a disposition pursuant to sections
2156.20 | 64 |
and 2152.21 of the
Revised Code when a child has been found to be | 65 |
a juvenile traffic
offender, the court may issue an order | 66 |
requiring boards of
education, governing bodies of chartered | 67 |
nonpublic schools,
public children services agencies, private | 68 |
child placing
agencies, probation departments, law enforcement | 69 |
agencies, and
prosecuting attorneys that have records related to | 70 |
the child in
question to provide copies of one or more specified | 71 |
records, or
specified information in one or more specified | 72 |
records, that the
individual or entity has with respect to the | 73 |
child to any of the
following individuals or entities that request | 74 |
the records in
accordance with division (D)(3)(a) of this section: | 75 |
(b) The attorney or guardian ad litem of the child; | 77 |
(c) A parent, guardian, or custodian of the child; | 78 |
(d) A prosecuting attorney; | 79 |
(e) A board of education of a public school district; | 80 |
(f) A probation department of a juvenile court; | 81 |
(g) A public children services agency or private child | 82 |
placing agency that has custody of the child, is providing | 83 |
services to the child or the child's family, or is preparing a | 84 |
social
history or performing any other function for the juvenile | 85 |
court; | 86 |
(h) The department of youth services when the department
has | 87 |
custody of the child or is performing any services for the
child | 88 |
that are required by the juvenile court or by statute; | 89 |
(i) The individual in control of a juvenile detention or | 90 |
rehabilitation facility to which the child has been committed; | 91 |
(j) An employee of the juvenile court that found the child | 92 |
to be an unruly child, a delinquent child, or a juvenile traffic | 93 |
offender; | 94 |
(k) Any other entity that has custody of the child or is | 95 |
providing treatment, rehabilitation, or other services for the | 96 |
child pursuant to a court order, statutory requirement, or other | 97 |
arrangement. | 98 |
(2) Any individual or entity listed in divisions (D)(1)(a) | 99 |
to (k) of this section may file a motion with the court that | 100 |
requests the court to issue an order as described in division | 101 |
(D)(1) of this section. If such a motion is filed, the court | 102 |
shall conduct a hearing on it. If at the hearing the movant | 103 |
demonstrates a need for one or more specified records, or for | 104 |
information in one or more specified records, related to the
child | 105 |
in question and additionally demonstrates the relevance of
the | 106 |
information sought to be obtained from those records, and if
the | 107 |
court determines that the limitation specified in division
(D)(4) | 108 |
of this section does not preclude the provision of a
specified | 109 |
record or specified information to the movant, then the
court may | 110 |
issue an order to a designated individual or entity to
provide the | 111 |
movant with copies of one or more specified records
or with | 112 |
specified information contained in one or more specified
records. | 113 |
(3)(a) Any individual or entity that is authorized by an | 114 |
order issued pursuant to division (D)(1) of this section to
obtain | 115 |
copies of one or more specified records, or specified
information, | 116 |
related to a particular child may file a written
request for | 117 |
copies of the records or for the information with any
individual | 118 |
or entity required by the order to provide copies of
the records | 119 |
or the information. The request shall be in writing,
describe the | 120 |
type of records or the information requested,
explain the need for | 121 |
the records or the information, and be
accompanied by a copy of | 122 |
the order. | 123 |
(b) If an individual or entity that is required by an
order | 124 |
issued pursuant to division (D)(1) of this section to
provide one | 125 |
or more specified records, or specified information,
related to a | 126 |
child receives a written request for the records or
information in | 127 |
accordance with division (D)(3)(a) of this
section, the individual | 128 |
or entity immediately shall comply with
the request to the extent | 129 |
it is able to do so, unless the
individual or entity determines | 130 |
that it is unable to comply with
the request because it is | 131 |
prohibited by law from doing so, or
unless the requesting | 132 |
individual or entity does not have
authority to obtain the | 133 |
requested records or information. If the
individual or entity | 134 |
determines that it is unable to comply with
the request, it shall | 135 |
file a motion with the court that issued
the order requesting the | 136 |
court to determine the extent to which
it is required to comply | 137 |
with the request for records or
information. Upon the filing of | 138 |
the motion, the court
immediately shall hold a hearing on the | 139 |
motion, determine the
extent to which the movant is required to | 140 |
comply with the request
for records or information, and issue | 141 |
findings of fact and
conclusions of law in support of its | 142 |
determination. The
determination of the court shall be final. If | 143 |
the court
determines that the movant is required to comply with | 144 |
the request
for records or information, it shall identify the | 145 |
specific
records or information that must be supplied to the | 146 |
individual or
entity that requested the records or information. | 147 |
(c) If an individual or entity is required to provide
copies | 148 |
of one or more specified records pursuant to division (D)
of this | 149 |
section, the individual or entity may charge a fee for
the copies | 150 |
that does not exceed the cost of supplying them. | 151 |
(4) Division (D) of this section does not require, | 152 |
authorize,
or permit the dissemination of any records or any | 153 |
information
contained in any records if the dissemination of the | 154 |
records or
information generally is prohibited by any provision of | 155 |
the
Revised Code and a specific provision of the Revised Code does | 156 |
not specifically authorize or permit the dissemination of the | 157 |
records or information pursuant to division (D) of this section. | 158 |
Sec. 2152.18. (A) When a juvenile court commits a | 159 |
delinquent
child to the custody of the department of youth | 160 |
services pursuant
to this chapter, the court shall not designate | 161 |
the specific
institution in which the department is to place the | 162 |
child but
instead shall specify that the child is to be | 163 |
institutionalized in
a secure facility. | 164 |
(B) When a juvenile court commits a delinquent child to the | 165 |
custody of the department of youth services pursuant to this | 166 |
chapter, the
court shall state in the order of commitment the | 167 |
total
number of days that the child has been held in detention in | 168 |
connection with the delinquent child complaint upon which the | 169 |
order of commitment is based. The department shall reduce the | 170 |
minimum period
of institutionalization that was ordered by both | 171 |
the total
number of days that the child has been so held in | 172 |
detention as stated by the
court in the order of commitment and | 173 |
the total number of any additional days
that the child has been | 174 |
held in detention subsequent to the order
of commitment but prior | 175 |
to the transfer of physical custody of the
child to the | 176 |
department. | 177 |
(C)(1) When a juvenile court commits a delinquent child to | 178 |
the
custody of the department of youth services pursuant to this | 179 |
chapter, the
court shall
provide the department with the child's | 180 |
medical records, a copy of
the report of any mental examination of | 181 |
the child ordered by the
court, the Revised Code section or | 182 |
sections the child
violated and the degree of each violation, the | 183 |
warrant to convey the child to
the department, a copy of the | 184 |
court's journal entry ordering the
commitment of the child to the | 185 |
legal custody of the department, a copy of the
arrest record | 186 |
pertaining to the act for which the child was
adjudicated a | 187 |
delinquent child, a copy of any victim impact
statement pertaining | 188 |
to the act, and any other information
concerning the child that | 189 |
the department reasonably requests. The
court also shall complete | 190 |
the form for the standard predisposition
investigation report that | 191 |
the department furnishes pursuant to
section 5139.04 of the | 192 |
Revised Code and provide the
department with the completed form. | 193 |
|
The department may refuse to accept physical custody of a | 194 |
delinquent child who is committed to the legal custody of the | 195 |
department until the court provides to the department the | 196 |
documents specified in this division. No officer or employee of | 197 |
the department who refuses to accept physical custody of a | 198 |
delinquent child who is committed to the legal custody of the | 199 |
department shall be subject to prosecution or contempt of court | 200 |
for the refusal if the court fails to provide the documents | 201 |
specified in this division at the time the court transfers the | 202 |
physical custody of the child to the department. | 203 |
(2) Within twenty working days after the department of youth | 204 |
services receives physical custody of a delinquent child from a | 205 |
juvenile
court, the court shall provide the department with a | 206 |
certified copy of
the child's birth certificate and the child's | 207 |
social security
number or, if the court made all reasonable | 208 |
efforts to obtain the
information but was unsuccessful, with | 209 |
documentation of the
efforts it made to obtain the information. | 210 |
(3) If an officer is preparing pursuant to section 2947.06 | 211 |
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 212 |
investigation report pertaining to a person, the department shall | 213 |
make available to the officer, for use in preparing the report, | 214 |
any records or reports it possesses regarding that person that it | 215 |
received from a juvenile court pursuant to division (C)(1) of this | 216 |
section or that pertain to the treatment of that person after the | 217 |
person was committed to the custody of the department as a | 218 |
delinquent child. | 219 |
(D)(1) Within ten days after an adjudication that a
child is | 220 |
a delinquent child, the court shall give written notice
of the | 221 |
adjudication to the superintendent of a city, local,
exempted | 222 |
village, or joint vocational school district, and to the principal | 223 |
of
the school the child attends, if the basis
of the adjudication | 224 |
was the commission of an act that would be a
criminal offense if | 225 |
committed by an adult, if the act was
committed by the delinquent | 226 |
child when the child was fourteen years of age or
older, and if | 227 |
the act is any of the following: | 228 |
(a) An act that would be a felony or an offense of violence | 229 |
if
committed by an adult, an act in the commission of which the | 230 |
child used or
brandished a firearm, or an
act that is a violation | 231 |
of section 2907.06, 2907.07, 2907.08, 2907.09,
2907.24, or | 232 |
2907.241 of the Revised Code and that would be
a misdemeanor if | 233 |
committed by an adult; | 234 |
(b) A violation of section 2923.12 of the Revised
Code or of | 235 |
a substantially similar municipal ordinance that would be
a | 236 |
misdemeanor if committed by an adult and that was
committed on | 237 |
property owned or controlled by, or at an activity held under the | 238 |
auspices of, the board of education of that school district; | 239 |
(c) A violation of division (A) of section 2925.03 or | 240 |
2925.11 of the Revised Code that would be a misdemeanor if | 241 |
committed by an adult, that was committed on property
owned or | 242 |
controlled by, or at an activity held under the auspices of, the | 243 |
board of education of that school district, and that is not a | 244 |
minor
drug possession offense; | 245 |
(d) An act that would be a criminal offense if committed by | 246 |
an
adult and that results in serious physical harm to persons or | 247 |
serious physical
harm to property while
the child is at school, on | 248 |
any other property owned or controlled
by the board, or at an | 249 |
interscholastic competition, an
extracurricular event, or any | 250 |
other school program or activity; | 251 |
(e) Complicity in any violation described in division | 252 |
(D)(1)(a),
(b), (c), or (d)
of this
section that was alleged to | 253 |
have
been committed in the manner described in division
(D)(1)(a), | 254 |
(b), (c), or
(d)
of this section, regardless of whether the act of | 255 |
complicity was committed on property owned or controlled by, or at | 256 |
an activity
held under the auspices of, the board of
education of | 257 |
that school district. | 258 |
(2)
The notice given pursuant to
division (K)(1) of this | 259 |
section shall include the name of the
child who was adjudicated to | 260 |
be a delinquent child, the child's age at the
time the child | 261 |
committed the act that was the
basis of the adjudication, and | 262 |
identification of the violation of
the law or ordinance that was | 263 |
the basis of the adjudication. | 264 |
(3)
Within fourteen days after committing a delinquent child | 265 |
to
the custody of the department of youth services, the court | 266 |
shall
give notice to the school attended by the child of the | 267 |
child's
commitment by sending to that school a copy of the court's | 268 |
journal
entry ordering the commitment. As soon as possible after | 269 |
receipt
of the notice described in this division, the school shall | 270 |
provide
the department with the child's school transcript. | 271 |
However, the
department shall not refuse to accept a child | 272 |
committed to it, and
a child committed to it shall not be held in | 273 |
a county or district detention
facility, because of a school's | 274 |
failure to provide the school transcript that
it
is required to | 275 |
provide under this division. | 276 |
(4) Within fourteen days after releasing a child from an | 277 |
institution under its control, the department of youth services | 278 |
shall
provide the court and the school with an updated copy of the | 279 |
child's
school transcript and a summary of the institutional | 280 |
record of the
child. The department also shall provide the court | 281 |
with a copy of any portion
of the child's
institutional record | 282 |
that the court specifically requests, within five
working days of | 283 |
the request. | 284 |
(E) At any hearing at which a child is adjudicated a | 285 |
delinquent
child or as soon as possible after the hearing, the | 286 |
court shall notify all
victims of the delinquent act who may be | 287 |
entitled to a
recovery under any of the following sections of the | 288 |
right of the
victims to recover, pursuant to section 3109.09 of | 289 |
the Revised
Code, compensatory damages from the child's parents; | 290 |
of the right of
the victims to recover,
pursuant to section | 291 |
3109.10 of the Revised Code,
compensatory
damages from the child's | 292 |
parents for willful and malicious
assaults committed by the child; | 293 |
and of the right of the victims
to recover an award of reparations | 294 |
pursuant to sections 2743.51 to
2743.72 of the Revised Code. | 295 |
Sec. 2152.19. (A) If a child is adjudicated a delinquent | 296 |
child,
the court may make any of the following orders of | 297 |
disposition, in
addition to any other disposition authorized or | 298 |
required by this
chapter: | 299 |
(1) Any
order that is authorized by section 2151.353 of the | 300 |
Revised Code for the care and protection of an abused,
neglected, | 301 |
or
dependent child. | 302 |
(2) Commit the child to the temporary custody of any school, | 303 |
camp, institution, or other facility operated for the care of | 304 |
delinquent
children by the county, by a district organized under | 305 |
section
2152.41 or 2151.65 of the Revised Code, or by a private | 306 |
agency or organization, within or without the state, that is | 307 |
authorized and
qualified to provide the care, treatment, or | 308 |
placement required; | 309 |
(3) Place the child on community control under any | 310 |
sanctions, services,
and conditions that the court prescribes. As | 311 |
a condition of
community control in every case and in addition to | 312 |
any other
condition that it imposes upon the child, the court | 313 |
shall require the child
to abide by the law during the period of | 314 |
community control. As
referred to in this division, community | 315 |
control includes, but is
not limited to, the following sanctions | 316 |
and conditions: | 317 |
(a) A period of basic probation supervision in which the | 318 |
child is required to maintain contact with a person appointed to | 319 |
supervise the
child in accordance with sanctions
imposed by the | 320 |
court; | 321 |
(b) A period of intensive probation supervision in which
the | 322 |
child is required to maintain frequent contact with a person | 323 |
appointed by
the court to supervise
the child while the child is | 324 |
seeking or maintaining employment and
participating in training, | 325 |
education, and treatment programs as
the order of disposition; | 326 |
(c) A period of day reporting in which the child is
required | 327 |
each day to report to and leave a center or another approved | 328 |
reporting location at specified
times in order to participate in | 329 |
work, education or training,
treatment, and other approved | 330 |
programs at the center or outside
the center; | 331 |
(d) A period of community service of up to five hundred | 332 |
hours for an act that would be a felony or a misdemeanor of the | 333 |
first degree
if committed by an adult,
up to two hundred hours for | 334 |
an act that would be a misdemeanor of the second,
third, or fourth | 335 |
degree
if committed by an adult, or up to thirty hours for an act | 336 |
that
would be a minor misdemeanor if committed by an adult; | 337 |
(e) A requirement that the child obtain a high school | 338 |
diploma, a
certificate of high school equivalence, vocational | 339 |
training, or
employment; | 340 |
(f) A period of drug and alcohol use monitoring; | 341 |
(g) A requirement of alcohol or drug assessment or | 342 |
counseling, or a period in an alcohol or drug treatment program | 343 |
with a level
of security for the child
as determined necessary by | 344 |
the court; | 345 |
(h) A period in which the court orders the child to
observe | 346 |
a curfew that may involve daytime or evening hours; | 347 |
(i) A requirement that the child serve monitored time; | 348 |
(j) A period of house arrest with or without electronic | 349 |
monitoring; | 350 |
(k) A period of electronic monitoring without house arrest
or | 351 |
electronically monitored house arrest that does not exceed the | 352 |
maximum
sentence of imprisonment
that could be imposed upon an | 353 |
adult who commits the same act. | 354 |
A period of electronically monitored house arrest imposed | 355 |
under
this division shall not extend beyond the child's | 356 |
twenty-first birthday. If a
court
imposes a period of | 357 |
electronically monitored house arrest upon a
child under this | 358 |
division, it shall require the child: to wear,
otherwise have | 359 |
attached to the child's person, or otherwise be
subject to | 360 |
monitoring by a certified electronic monitoring device
or to | 361 |
participate in the operation of and monitoring by a
certified | 362 |
electronic monitoring system; to remain in the child's
home or | 363 |
other specified premises for the entire period of
electronically | 364 |
monitored house arrest except when the court
permits the child to | 365 |
leave those premises to go to school or to
other specified | 366 |
premises; to be monitored by a central system that
can determine | 367 |
the child's location at designated times; to report
periodically | 368 |
to a person designated by the court; and to enter
into a written | 369 |
contract with the court agreeing to comply with all
requirements | 370 |
imposed by the court, agreeing to pay any fee imposed
by the court | 371 |
for the costs of the electronically monitored house
arrest, and | 372 |
agreeing to waive the right to receive credit for any
time served | 373 |
on electronically monitored house arrest toward the
period of any | 374 |
other dispositional order imposed upon the child if
the child | 375 |
violates any of the requirements of the dispositional
order of | 376 |
electronically monitored house arrest. The court also
may impose | 377 |
other reasonable requirements upon the child. | 378 |
|
Unless ordered by the court, a child shall not receive credit | 379 |
for any time
served on
electronically monitored house arrest | 380 |
toward any other dispositional
order imposed upon the child for | 381 |
the act for which was imposed the
dispositional order of | 382 |
electronically monitored house arrest. | 383 |
(l) A suspension of the driver's license, probationary | 384 |
driver's
license, or temporary instruction permit issued to the | 385 |
child or a suspension
of the
registration of all motor vehicles | 386 |
registered in the name of the child. A child whose license or | 387 |
permit is so suspended is ineligible for issuance of a license or | 388 |
permit during the period of suspension. At the end of the period | 389 |
of suspension, the child shall not be reissued a license or permit | 390 |
until the child has paid any applicable reinstatement fee and | 391 |
complied with all requirements governing license reinstatement. | 392 |
(4) Commit the child to the custody of the
court; | 393 |
(5)
Require the child to not be absent without legitimate | 394 |
excuse from
the public school the child is supposed to attend for | 395 |
five or more
consecutive days, seven or more school days in one | 396 |
school month, or
twelve or more school days in a school year; | 397 |
|
(6)(a) If a child is adjudicated a delinquent child for | 398 |
being a
chronic truant or an habitual truant who previously has | 399 |
been adjudicated an
unruly child for being a
habitual truant, do | 400 |
either or both of the following: | 401 |
|
(i) Require the child to participate in a truancy prevention | 402 |
mediation program; | 403 |
|
(ii) Make any order of disposition as authorized by this | 404 |
section,
except that the court shall not commit the child to a | 405 |
facility described
in division (A)(2) of this section unless the | 406 |
court
determines that the child violated a lawful court order made | 407 |
pursuant to
division (C)(1)(e) of section 2151.354 of the
Revised | 408 |
Code
or division (A)(5) of this section. | 409 |
|
(b) If a child is adjudicated a delinquent child for being a | 410 |
chronic truant or a habitual truant who previously has been | 411 |
adjudicated an
unruly child for being a
habitual truant and the | 412 |
court determines that the parent,
guardian, or other person having | 413 |
care of the child has failed to
cause the child's attendance at | 414 |
school in violation of section
3321.38 of the Revised Code, do | 415 |
either or both of the
following: | 416 |
|
(i) Require the parent, guardian, or other person having | 417 |
care of
the child to participate in a truancy prevention mediation | 418 |
program; | 419 |
(ii) Require the parent, guardian, or other person having | 420 |
care of
the child to participate in any community service program, | 421 |
preferably a
community service program that
requires the | 422 |
involvement of the parent, guardian, or other person
having care | 423 |
of the child in the school attended by the child. | 424 |
|
(7) Make any further disposition that the court finds | 425 |
proper,
except that the child shall not be placed in any of the | 426 |
following: | 427 |
(a) A state correctional institution, a county, multicounty, | 428 |
or
municipal jail or workhouse, or another place in which an adult | 429 |
convicted of a crime, under arrest, or charged with a crime is | 430 |
held; | 431 |
(b) A community corrections facility, if the child would be | 432 |
covered by the definition of public safety beds for purposes of | 433 |
sections
5139.41 to 5139.45 of the Revised Code if the court | 434 |
exercised its authority to commit the child to the legal custody | 435 |
of the
department of youth services for institutionalization
or | 436 |
institutionalization in a secure facility pursuant to this | 437 |
chapter. | 438 |
|
(B) If a child is adjudicated a delinquent child, in | 439 |
addition to
any order of disposition made under division (A) of | 440 |
this section, the
court, in
the following situations, shall | 441 |
suspend the child's temporary instruction
permit, restricted | 442 |
license, probationary driver's license, or nonresident
operating | 443 |
privilege, or suspend the
child's ability to obtain such a permit: | 444 |
(1) The child is adjudicated a delinquent child for | 445 |
violating
section 2923.122 of the Revised Code, with the | 446 |
suspension
and denial being in accordance with division (E)(1)(a), | 447 |
(c), (d), or (e) of section 2923.122 of
the Revised Code. | 448 |
(2) The child is adjudicated a delinquent child for | 449 |
committing an
act that if committed by an adult would be a drug | 450 |
abuse offense
or for violating
division (B) of section 2917.11 of | 451 |
the Revised
Code, with the suspension continuing until the child | 452 |
attends and
satisfactorily completes a drug abuse or alcohol abuse | 453 |
education,
intervention, or treatment program specified by the | 454 |
court. During
the time the child is attending the program, the | 455 |
court shall retain any
temporary instruction permit, probationary | 456 |
driver's license, or driver's
license issued to the child, and the | 457 |
court shall return the permit or license
when the child | 458 |
satisfactorily completes the program. | 459 |
(C) The court may establish a victim-offender mediation | 460 |
program
in which victims and their offenders meet to discuss the | 461 |
offense and suggest
possible restitution. If the court obtains | 462 |
the
assent of the victim of the delinquent act committed by the | 463 |
child,
the court may require the child to participate in the | 464 |
program. | 465 |
(D)(1) If a child is adjudicated a delinquent child for | 466 |
committing an act that would be a felony if committed by an adult | 467 |
and if the
child caused, attempted to cause, threatened to
cause, | 468 |
or created a risk of physical harm to the victim of the
act, the | 469 |
court, prior to issuing an order of disposition under
this | 470 |
section, shall order the preparation of a victim impact
statement | 471 |
by the probation department of the county in which the
victim of | 472 |
the act resides, by the court's own probation department, or by a | 473 |
victim assistance program that is operated by the state, a county, | 474 |
a municipal
corporation, or another governmental entity. The court | 475 |
shall
consider the victim impact statement in determining the | 476 |
order of
disposition to issue for the child. | 477 |
(2) Each victim impact statement shall identify the victim | 478 |
of the
act for which the child was adjudicated a delinquent child, | 479 |
itemize any
economic loss suffered by the victim as a result of | 480 |
the act,
identify any physical injury suffered by the victim as a | 481 |
result of
the act and the seriousness and permanence of the | 482 |
injury, identify
any change in the victim's personal welfare or | 483 |
familial
relationships as a result of the act and any | 484 |
psychological impact
experienced by the victim or the victim's | 485 |
family as a result of the act, and
contain any other
information | 486 |
related to the impact of the act upon the victim that the
court | 487 |
requires. | 488 |
(3) A victim impact statement shall be kept confidential and | 489 |
is
not a public record. However, the court may furnish copies of | 490 |
the statement
to the department of youth services if the | 491 |
delinquent child
is committed to the department or to both the | 492 |
adjudicated
delinquent child or the adjudicated delinquent child's | 493 |
counsel and
the prosecuting attorney. The copy of a victim impact | 494 |
statement
furnished by the court to the department pursuant to | 495 |
this section
shall be kept confidential and is not a public | 496 |
record.
If an officer is preparing pursuant to section 2947.06 or | 497 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 498 |
investigation report pertaining to a person, the court shall make | 499 |
available to the officer, for use in preparing the report, a copy | 500 |
of any victim impact statement regarding that person. The copies | 501 |
of a victim
impact statement that are made
available to the | 502 |
adjudicated delinquent child or the adjudicated
delinquent child's | 503 |
counsel and the
prosecuting attorney pursuant
to this division | 504 |
shall be returned to the
court by the person to
whom they were | 505 |
made available
immediately following the imposition
of an order of | 506 |
disposition for the
child under this chapter. | 507 |
The copy of a victim impact statement that is made available | 508 |
pursuant to this division to an officer preparing a criminal | 509 |
presentence investigation report shall be returned to the court by | 510 |
the officer immediately following its use in preparing the report. | 511 |
(4) The department of youth services shall work with local | 512 |
probation departments and victim assistance programs to develop a | 513 |
standard victim impact statement. | 514 |
(E) If a child is adjudicated a delinquent child for being a | 515 |
chronic
truant or an habitual truant who previously has been | 516 |
adjudicated an
unruly child for being an habitual truant and the | 517 |
court determines that
the parent, guardian, or other person having | 518 |
care of the child has
failed to cause the child's attendance at | 519 |
school in violation of
section 3321.38 of the Revised Code, in | 520 |
addition to any
order of
disposition it makes under this section, | 521 |
the court shall warn the
parent, guardian, or other person having | 522 |
care of the child that
any subsequent adjudication of the child as | 523 |
an unruly or
delinquent child for being an habitual or chronic | 524 |
truant may
result in a criminal charge against the parent, | 525 |
guardian, or other
person having care of the child for a violation | 526 |
of division (C) of
section 2919.21 or section 2919.24 of the | 527 |
Revised Code. | 528 |
|
(F)(1) During the period of a delinquent child's community | 529 |
control granted under this section, authorized probation officers | 530 |
who are
engaged within the scope of their supervisory duties
or | 531 |
responsibilities may search, with or without a warrant, the
person | 532 |
of the delinquent child, the place of residence of the
delinquent | 533 |
child, and a motor vehicle, another item of tangible or
intangible | 534 |
personal property, or other real property in which the
delinquent | 535 |
child has a right, title, or interest or for which the
delinquent | 536 |
child has the express or implied permission of a person with a | 537 |
right, title, or interest to use, occupy, or possess if the | 538 |
probation officers
have reasonable grounds to believe that the | 539 |
delinquent child is not abiding by
the law or otherwise is not | 540 |
complying with the conditions of the
delinquent child's community | 541 |
control. The court that places a
delinquent child on community | 542 |
control under this section shall
provide the delinquent child with | 543 |
a written notice that informs
the delinquent child that authorized | 544 |
probation officers who are
engaged within the scope of their | 545 |
supervisory duties or responsibilities may
conduct those types of | 546 |
searches during the period of community control if they
have | 547 |
reasonable grounds to believe that the delinquent child is
not | 548 |
abiding by the law or otherwise is not complying with the | 549 |
conditions of the delinquent child's community control. The court | 550 |
also shall provide the written notice described in division
(E)(2) | 551 |
of this section to each
parent, guardian, or custodian of the | 552 |
delinquent child who is described in
that
division. | 553 |
(2) The court that places a child on community control under | 554 |
this
section shall provide the child's parent, guardian, or other | 555 |
custodian
with a written notice that informs them that authorized | 556 |
probation
officers may conduct searches pursuant to division | 557 |
(E)(1) of this
section. The notice shall specifically state that | 558 |
a permissible
search might extend to a motor vehicle, another item | 559 |
of tangible
or intangible personal property, or a place of | 560 |
residence or other
real property in which a notified parent, | 561 |
guardian, or custodian
has a right, title, or interest and that | 562 |
the parent, guardian, or
custodian expressly or impliedly permits | 563 |
the child to use, occupy,
or possess. | 564 |
Sec. 2152.71. (A)(1) The juvenile court shall
maintain | 565 |
records of all official cases brought before it, including, but | 566 |
not
limited to, an
appearance docket, a journal, and, in cases | 567 |
pertaining to an alleged
delinquent child, arrest and custody | 568 |
records, complaints, journal entries, and
hearing summaries. The | 569 |
court shall
maintain a separate docket for traffic cases and shall | 570 |
record
all traffic cases
on the separate docket instead of on the | 571 |
general appearance docket. | 572 |
|
(2) The juvenile court shall send to the superintendent of | 573 |
the
bureau of criminal identification and investigation, pursuant | 574 |
to section
109.57 of the Revised Code, a weekly report containing | 575 |
a summary of each case
that has come before it and that involves | 576 |
the disposition of a child
who is a delinquent child for | 577 |
committing an act
that would be a felony or an offense of violence | 578 |
if committed by an adult. | 579 |
(B) The clerk of the court shall maintain a statistical | 580 |
record that includes all of the following: | 581 |
(1) The number of complaints that are filed with, or | 582 |
indictments
or information made to, the court
that allege that a | 583 |
child is a delinquent child, in relation to
which the court | 584 |
determines under division (D) of section 2151.27
of the Revised | 585 |
Code that the victim of the alleged delinquent
act was sixty-five | 586 |
years of age or older or permanently and
totally disabled at the | 587 |
time of the alleged commission of the
act; | 588 |
(2) The number of complaints, indictments, or information | 589 |
described in division (B)(1)
of this section that result in the | 590 |
child being adjudicated a
delinquent child; | 591 |
(3) The number of complaints, indictments, or information | 592 |
described in division (B)(2)
of this section in which the act upon | 593 |
which the delinquent child
adjudication is based caused property | 594 |
damage or would be a theft
offense, as defined in division (K) of | 595 |
section 2913.01 of the
Revised Code, if committed by an adult; | 596 |
(4) The number of complaints, indictments, or information | 597 |
described in division (B)(3)
of this section that result in the | 598 |
delinquent child being
required as an order of disposition made | 599 |
under division (A)
of section 2152.20 of the Revised Code to make | 600 |
restitution for
all or part of the property damage caused by the | 601 |
child's
delinquent act
or for all or part of the value of the | 602 |
property that was the
subject of the delinquent act that would be | 603 |
a theft offense if
committed by an adult; | 604 |
(5) The number of complaints, indictments, or information | 605 |
described in division (B)(2)
of this section in which the act upon | 606 |
which the delinquent child
adjudication is based would have been | 607 |
an offense of violence if
committed by an adult; | 608 |
(6) The number of complaints, indictments, or information | 609 |
described in division (B)(5)
of this section that result in the | 610 |
delinquent child being
committed as an order of disposition made | 611 |
under section 2152.16,
divisions (A) and (B) of section 2152.17, | 612 |
or division
(A)(2) of section 2159.19 of the Revised Code to any | 613 |
facility for delinquent children operated by the county, a | 614 |
district, or a private agency or organization or to the
department | 615 |
of youth services; | 616 |
(7) The number of complaints, indictments, or information | 617 |
described in division (B)(1)
of this section that result in the | 618 |
case being transferred for
criminal prosecution to an appropriate | 619 |
court having jurisdiction
of the offense under section 2152.12 of | 620 |
the Revised
Code. | 621 |
(C) The clerk of the court shall compile an annual summary | 622 |
covering the preceding calendar year showing all of the | 623 |
information for that year contained in the statistical record | 624 |
maintained under division (B) of this section. The statistical | 625 |
record and the annual summary shall be public records open for | 626 |
inspection. Neither the statistical record nor the annual
summary | 627 |
shall include the identity of any party to a case. | 628 |
(D) Not later than June of each year, the court shall | 629 |
prepare an annual report covering the preceding calendar year | 630 |
showing the number and kinds of cases that have come before it, | 631 |
the disposition of the cases, and any other data pertaining to
the | 632 |
work of the court that the juvenile judge directs. The
court | 633 |
shall file copies of the report with the board of county | 634 |
commissioners. With the approval of the board, the court may | 635 |
print or
cause to be printed copies of the report for
distribution | 636 |
to persons and agencies interested in
the court or community | 637 |
program for dependent, neglected, abused,
or delinquent children | 638 |
and juvenile traffic offenders. The court shall
include the | 639 |
number of copies ordered printed and the estimated cost of
each | 640 |
printed copy on each copy of the report printed for
distribution. | 641 |
(E) If an officer is preparing pursuant to section 2947.06 | 642 |
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 643 |
investigation report pertaining to a person, the court shall make | 644 |
available to the officer, for use in preparing the report, any | 645 |
records it possesses regarding any adjudications of that person as | 646 |
a delinquent child or regarding the dispositions made relative to | 647 |
those adjudications. The records to be made available pursuant to | 648 |
this division include, but are not limited to, any social history | 649 |
or report of a mental or physical examination regarding the person | 650 |
that was prepared pursuant to Juvenile Rule 32. | 651 |
Sec. 2951.03. (A)(1) No person who has been convicted of or | 652 |
pleaded
guilty to
a felony shall be placed under a
community | 653 |
control sanction until a written presentence investigation report | 654 |
has been considered by the court. If a court orders the | 655 |
preparation of a presentence investigation report pursuant to this | 656 |
section, section 2947.06 of the Revised Code, or
Criminal Rule | 657 |
32.2, the officer making the report shall
inquire into the | 658 |
circumstances of the offense and the criminal
record, social | 659 |
history, and present condition of the defendant, all information | 660 |
available regarding any prior adjudications of the defendant as a | 661 |
delinquent child and regarding the dispositions made relative to | 662 |
those adjudications, and any
other matters specified in Criminal | 663 |
Rule 32.2.
Whenever the officer considers it advisable, the | 664 |
officer's investigation may
include a physical and mental | 665 |
examination of
the defendant. A physical examination of the | 666 |
defendant may include a drug
test consisting of a chemical | 667 |
analysis of a blood or urine
specimen of the defendant to | 668 |
determine whether the defendant
ingested or was injected with a | 669 |
drug of
abuse. If, pursuant to section 2930.13 of the Revised | 670 |
Code, the
victim
of the offense of which the defendant has been | 671 |
convicted wishes to make a
statement regarding the impact of the | 672 |
offense for the officer's use in
preparing the presentence | 673 |
investigation report, the officer shall comply
with the | 674 |
requirements of that section. | 675 |
(2) If a defendant is committed to any institution,
the | 676 |
presentence investigation report shall be sent to the
institution | 677 |
with the entry of commitment. If a defendant is
committed to any | 678 |
institution and a presentence investigation
report is not prepared | 679 |
regarding that defendant pursuant to this
section, section 2947.06 | 680 |
of the Revised Code, or Criminal Rule
32.2, the director of the | 681 |
department of rehabilitation and
correction or the director's | 682 |
designee may order that an offender
background investigation and | 683 |
report be conducted and prepared regarding the
defendant pursuant | 684 |
to section 5120.16 of the Revised Code. | 685 |
|
(B)(1) If a presentence investigation report is prepared | 686 |
pursuant to this section, section 2947.06 of the Revised Code,
or | 687 |
Criminal Rule 32.2, the court, at a reasonable time before | 688 |
imposing sentence, shall permit the defendant or the defendant's | 689 |
counsel to read the report, except that the court shall not permit | 690 |
the
defendant or the defendant's counsel to read any of the | 691 |
following: | 692 |
(a) Any recommendation as to sentence; | 693 |
(b) Any diagnostic opinions that, if disclosed, the court | 694 |
believes might seriously disrupt a program of rehabilitation for | 695 |
the defendant; | 696 |
(c) Any sources of information obtained upon a promise of | 697 |
confidentiality; | 698 |
(d) Any other information that, if disclosed, the court | 699 |
believes might result in physical harm or some other type of harm | 700 |
to the defendant or to any other person. | 701 |
(2) Prior to sentencing, the court shall permit the | 702 |
defendant and the defendant's counsel to comment on the | 703 |
presentence
investigation report and, in its discretion, may | 704 |
permit the
defendant and the defendant's counsel to introduce | 705 |
testimony or
other information that relates to any alleged factual | 706 |
inaccuracy
contained in the report. | 707 |
(3) If the court believes that any information in the | 708 |
presentence investigation report should not be disclosed pursuant | 709 |
to division (B)(1) of this section, the court, in lieu of making | 710 |
the report or any part of the report available, shall state
orally | 711 |
or in writing a summary of the factual information
contained in | 712 |
the report that will be relied upon in determining
the defendant's | 713 |
sentence. The court shall permit the defendant
and the | 714 |
defendant's counsel to comment upon the oral or written
summary of | 715 |
the report. | 716 |
(4) Any material that is disclosed to the defendant or the | 717 |
defendant's
counsel pursuant to this section shall be disclosed to | 718 |
the
prosecutor who is handling the prosecution of the case against | 719 |
the defendant. | 720 |
(5) If the comments of the defendant or the defendant's | 721 |
counsel,
the testimony they introduce, or any of the other | 722 |
information they
introduce alleges any factual inaccuracy in the | 723 |
presentence
investigation report or the summary of the report, the | 724 |
court
shall do either of the following with respect to each | 725 |
alleged
factual inaccuracy: | 726 |
(a) Make a finding as to the allegation; | 727 |
(b) Make a determination that no finding is necessary with | 728 |
respect to the allegation, because the factual matter will not be | 729 |
taken into account in the sentencing of the defendant. | 730 |
(C) A court's decision as to the content of a summary
under | 731 |
division (B)(3) of this section or as to the withholding of | 732 |
information under division (B)(1)(a), (b), (c), or (d) of this | 733 |
section shall be considered to be within the discretion of the | 734 |
court. No appeal can be taken from either of those
decisions, and | 735 |
neither of those decisions shall be the basis for
a reversal of | 736 |
the
sentence imposed. | 737 |
(D)(1) The contents of a presentence investigation report | 738 |
prepared pursuant to this section, section 2947.06 of the Revised | 739 |
Code, or Criminal
Rule 32.2 and the contents of any written or | 740 |
oral summary of a
presentence investigation report or of a part of | 741 |
a presentence investigation
report described in division (B)(3) of | 742 |
this section are confidential
information and are not a public | 743 |
record. The court, an appellate court,
authorized probation | 744 |
officers, investigators, and court personnel, the
defendant, the | 745 |
defendant's counsel, the prosecutor who is handling the | 746 |
prosecution of the case against the defendant, and authorized | 747 |
personnel of an
institution to which the defendant is committed | 748 |
may inspect, receive copies
of, retain copies of, and use a | 749 |
presentence investigation report or a written
or oral summary of a | 750 |
presentence investigation only for the purposes of or
only as | 751 |
authorized by Criminal Rule 32.2 or this section,
division (F)(1) | 752 |
of section 2953.08, section 2947.06, or another
section of the | 753 |
Revised Code. | 754 |
(2) Immediately following the imposition of sentence upon | 755 |
the defendant,
the defendant or the defendant's counsel and the | 756 |
prosecutor shall return to
the court all copies of a presentence | 757 |
investigation report and of any written
summary of a presentence | 758 |
investigation report or part of a
presentence investigation report | 759 |
that the court made available to the
defendant or the defendant's | 760 |
counsel and to the prosecutor pursuant to this
section. The | 761 |
defendant or the defendant's counsel and the prosecutor shall
not | 762 |
make any copies of the presentence investigation report or of any | 763 |
written
summary of a presentence investigation report or part of a | 764 |
presentence
investigation report that the court made available to | 765 |
them pursuant to this
section. | 766 |
(3) Except when a presentence investigation report or a | 767 |
written or oral
summary of a presentence investigation report is | 768 |
being used for the purposes
of or as authorized by Criminal Rule | 769 |
32.2 or this section,
division (F)(1) of section 2953.08, section | 770 |
2947.06, or another
section of the Revised Code, the court or | 771 |
other authorized holder of the report or summary
shall retain the | 772 |
report or summary under seal. | 773 |
(E)
In inquiring into the information available regarding any | 774 |
prior adjudications of the defendant as a delinquent child and | 775 |
regarding the dispositions made relative to those adjudications, | 776 |
the officer making the report shall consider all information that | 777 |
is relevant, including, but not limited to, the materials | 778 |
described in division (B) of section 2151.14, division (C)(3) of | 779 |
section 2152.18, division (D)(3) of section 2152.19, and division | 780 |
(E) of section 2152.71 of the Revised Code.
| 781 |
(F)
As used in this section: | 782 |
(1) "Prosecutor" has the same meaning as in section 2935.01 | 783 |
of the Revised
Code. | 784 |
(2) "Community control sanction" has the same meaning as in | 785 |
section 2929.01 of the Revised Code. | 786 |
(3) "Public record" has the same meaning as in section | 787 |
149.43
of the Revised Code. | 788 |
Section 2. That all existing versions of sections 2151.14, | 789 |
2152.18, 2152.19, 2152.71, and 2951.03 of the Revised Code are | 790 |
hereby repealed. | 791 |
Section 3. Sections 1 and 2 of this act shall take effect on | 792 |
January 1, 2002. | 793 |
|
|