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Am. Sub. H. B. No. 247As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Core, Willamowski, Webster, Seitz, Williams, Jerse, Otterman, Latta, DePiero, Coates, Lendrum, Flowers, Reinhard, Schmidt, Schaffer, Grendell, Wilson, Manning, Collier, Hagan, Niehaus, Roman, Fessler, Kearns, Clancy, Widowfield, Rhine, Reidelbach, Aslanides, Damschroder
A BILL
To amend sections 2151.14, 2152.18, 2152.19, 2152.71,
and 2951.03 of the Revised Code, effective January
1, 2002, to ensure that prior delinquent child
adjudication and disposition records are available
for use in preparing presentence investigation
reports for persons convicted of a criminal
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.14, 2152.18, 2152.19, 2152.71,
and 2951.03 of the Revised Code be amended to read as follows:
Sec. 2151.14. (A) The chief probation officer, under the
direction of the juvenile judge, shall have charge of the work of
the probation department. The department shall make any
investigations that the judge directs, keep a written record of
the investigations, and submit the record to the judge or deal
with them as the judge directs. The department shall furnish to
any
person placed on community control a statement of the
conditions of
community control and shall instruct the person
regarding them. The
department
shall keep informed concerning the
conduct and condition of each
person under its supervision and
shall report on their conduct
and condition to the judge as the
judge directs. Each probation officer
shall use all suitable
methods to aid persons on community
control and to
bring about
improvement in their conduct and condition. The
department shall
keep full records of its work, keep accurate and
complete accounts
of money collected from persons under its
supervision, give
receipts for the money, and make reports on the
money as the judge
directs. (B) Except as provided in
this division or in division (C)
or (D) of this
section, the reports and records of the department
shall be
considered confidential information and shall not be made
public.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the department shall
make available to the officer, for use in preparing the report,
any reports and records it possesses regarding any adjudications
of that person as a delinquent child or regarding the dispositions
made relative to those adjudications. A probation officer may
serve the process of the court within or
without the county, make
arrests without warrant upon
reasonable
information or upon view
of the violation of this
chapter or
Chapter 2152. of the Revised
Code, detain the person arrested
pending the issuance of a
warrant, and perform any other duties,
incident to the office,
that the judge directs. All sheriffs,
deputy sheriffs,
constables, marshals, deputy marshals, chiefs of
police,
municipal
corporation and township police officers, and
other
peace officers
shall render assistance to probation officers
in
the performance
of their duties when requested to do so by any
probation officer. (C) When a complaint has been filed alleging that a child
is
delinquent by reason of having committed an act that would
constitute a violation of section 2907.02, 2907.03,
2907.05, or
2907.06 of the Revised Code if committed by
an adult and the
arresting authority, a court, or a probation
officer discovers
that the child or a person whom the child
caused to engage in
sexual activity, as defined in section
2907.01 of the Revised
Code, has a communicable disease, the
arresting authority, court,
or probation officer immediately
shall notify the victim of the
delinquent act of the nature of
the disease. (D)(1) In accordance with division (D)(2) of this section,
subject to the limitation specified in division (D)(4) of this
section, and in connection with a disposition pursuant to section
2151.354 of the Revised Code when a child has been found to be an
unruly child, a disposition pursuant to sections
2152.19 and
2152.20 of the
Revised Code when a child has been found to be a
delinquent
child, or a disposition pursuant to sections
2156.20
and 2152.21 of the
Revised Code when a child has been found to be
a juvenile traffic
offender, the court may issue an order
requiring boards of
education, governing bodies of chartered
nonpublic schools,
public children services agencies, private
child placing
agencies, probation departments, law enforcement
agencies, and
prosecuting attorneys that have records related to
the child in
question to provide copies of one or more specified
records, or
specified information in one or more specified
records, that the
individual or entity has with respect to the
child to any of the
following individuals or entities that request
the records in
accordance with division (D)(3)(a) of this section: (b) The attorney or guardian ad litem of the child; (c) A parent, guardian, or custodian of the child; (d) A prosecuting attorney; (e) A board of education of a public school district; (f) A probation department of a juvenile court; (g) A public children services agency or private child
placing agency that has custody of the child, is providing
services to the child or the child's family, or is preparing a
social
history or performing any other function for the juvenile
court; (h) The department of youth services when the department
has
custody of the child or is performing any services for the
child
that are required by the juvenile court or by statute; (i) The individual in control of a juvenile detention or
rehabilitation facility to which the child has been committed; (j) An employee of the juvenile court that found the child
to be an unruly child, a delinquent child, or a juvenile traffic
offender; (k) Any other entity that has custody of the child or is
providing treatment, rehabilitation, or other services for the
child pursuant to a court order, statutory requirement, or other
arrangement. (2) Any individual or entity listed in divisions (D)(1)(a)
to (k) of this section may file a motion with the court that
requests the court to issue an order as described in division
(D)(1) of this section. If such a motion is filed, the court
shall conduct a hearing on it. If at the hearing the movant
demonstrates a need for one or more specified records, or for
information in one or more specified records, related to the
child
in question and additionally demonstrates the relevance of
the
information sought to be obtained from those records, and if
the
court determines that the limitation specified in division
(D)(4)
of this section does not preclude the provision of a
specified
record or specified information to the movant, then the
court may
issue an order to a designated individual or entity to
provide the
movant with copies of one or more specified records
or with
specified information contained in one or more specified
records. (3)(a) Any individual or entity that is authorized by an
order issued pursuant to division (D)(1) of this section to
obtain
copies of one or more specified records, or specified
information,
related to a particular child may file a written
request for
copies of the records or for the information with any
individual
or entity required by the order to provide copies of
the records
or the information. The request shall be in writing,
describe the
type of records or the information requested,
explain the need for
the records or the information, and be
accompanied by a copy of
the order. (b) If an individual or entity that is required by an
order
issued pursuant to division (D)(1) of this section to
provide one
or more specified records, or specified information,
related to a
child receives a written request for the records or
information in
accordance with division (D)(3)(a) of this
section, the individual
or entity immediately shall comply with
the request to the extent
it is able to do so, unless the
individual or entity determines
that it is unable to comply with
the request because it is
prohibited by law from doing so, or
unless the requesting
individual or entity does not have
authority to obtain the
requested records or information. If the
individual or entity
determines that it is unable to comply with
the request, it shall
file a motion with the court that issued
the order requesting the
court to determine the extent to which
it is required to comply
with the request for records or
information. Upon the filing of
the motion, the court
immediately shall hold a hearing on the
motion, determine the
extent to which the movant is required to
comply with the request
for records or information, and issue
findings of fact and
conclusions of law in support of its
determination. The
determination of the court shall be final. If
the court
determines that the movant is required to comply with
the request
for records or information, it shall identify the
specific
records or information that must be supplied to the
individual or
entity that requested the records or information. (c) If an individual or entity is required to provide
copies
of one or more specified records pursuant to division (D)
of this
section, the individual or entity may charge a fee for
the copies
that does not exceed the cost of supplying them. (4) Division (D) of this section does not require,
authorize,
or permit the dissemination of any records or any
information
contained in any records if the dissemination of the
records or
information generally is prohibited by any provision of
the
Revised Code and a specific provision of the Revised Code does
not specifically authorize or permit the dissemination of the
records or information pursuant to division (D) of this section.
Sec. 2152.18. (A) When a juvenile court commits a
delinquent
child to the custody of the department of youth
services pursuant
to this chapter, 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 in
a secure facility. (B) When a juvenile court commits a delinquent child to the
custody of the department of youth services pursuant to this
chapter, the
court shall state in the order of commitment the
total
number of days that the child has been held 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 that was ordered 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. (C)(1) When a juvenile court commits a delinquent child to
the
custody of the department of youth services pursuant to this
chapter, 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 Revised Code section or
sections the child
violated and the degree of each 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 predisposition
investigation report that
the department furnishes 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 this division. 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 this division at the time the court transfers the
physical custody of the child to the department. (2) 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 and the child's
social security
number or, if the court made all reasonable
efforts to obtain the
information but was unsuccessful, with
documentation of the
efforts it made to obtain the information. (3) If an officer is preparing pursuant to section 2947.06
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the department shall
make available to the officer, for use in preparing the report,
any records or reports it possesses regarding that person that it
received from a juvenile court pursuant to division (C)(1) of this
section or that pertain to the treatment of that person after the
person was committed to the custody of the department as a
delinquent child. (D)(1) Within ten days after an adjudication that a
child is
a delinquent child, the court shall give written notice
of the
adjudication 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) An act that would be a criminal offense if committed by
an
adult and that results in serious physical harm to persons or
serious physical
harm to property while
the child is at school, on
any other property owned or controlled
by the board, or at an
interscholastic competition, an
extracurricular event, or any
other school program or activity; (e) Complicity in any violation described in division
(D)(1)(a),
(b), (c), or (d)
of this
section that was alleged to
have
been committed in the manner described in division
(D)(1)(a),
(b), (c), or
(d)
of this section, regardless of whether the act of
complicity was committed on property owned or controlled by, or at
an activity
held under the auspices of, the board of
education of
that school district. (2)
The notice given pursuant to
division
(K)(D)(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. (3)
Within fourteen days after committing 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
facility, because of a school's
failure to provide the school transcript that
it
is required to
provide under this division. (4) Within fourteen days after releasing a child from an
institution under its control, the department of youth services
shall
provide the court and the school with an updated copy of the
child's
school transcript and a summary of the institutional
record of the
child. 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. (E) 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.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child.; (2) 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
2152.41 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; (3) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation 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; (b) A period of intensive probation 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; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another 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; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest with or without electronic
monitoring; (k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, 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 arrest 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
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, 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. (4) Commit the child to the custody of the
court; (5)
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;
(6)(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 a
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)(2) 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)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
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.
(7) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following: (a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code. (2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing 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. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child. (2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires. (3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department 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
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. 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 this division
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 chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) 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.
(F)(1) During the period of a delinquent child's community
control granted under 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 community
control. The court that places a
delinquent child on community
control under 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 community control 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 community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall inform the person, organization, or entity
that it is the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section 5139.13
of the Revised Code and shall encourage the
person, organization,
or entity to provide that treatment.
Sec. 2152.71. (A)(1) The juvenile court shall
maintain
records of all official cases brought before it, including, but
not
limited to, an
appearance docket, a journal, and, in cases
pertaining to an alleged
delinquent child, arrest and custody
records, complaints, journal entries, and
hearing summaries. The
court shall
maintain a separate docket for traffic cases and shall
record
all traffic cases
on the separate docket instead of on the
general appearance docket.
(2) The juvenile court shall send to the superintendent of
the
bureau of criminal identification and investigation, pursuant
to section
109.57 of the Revised Code, a weekly report containing
a summary of each case
that has come before it and that involves
the disposition of a child
who is a delinquent child for
committing an act
that would be a felony or an offense of violence
if committed by an adult. (B) The clerk of the court shall maintain a statistical
record that includes all of the following: (1) The number of complaints that are filed with, or
indictments
or information made to, the court
that allege that a
child is a delinquent child, in relation to
which the court
determines under division (D) of section 2151.27
of the Revised
Code that the victim of the alleged delinquent
act was sixty-five
years of age or older or permanently and
totally disabled at the
time of the alleged commission of the
act; (2) The number of complaints, indictments, or information
described in division (B)(1)
of this section that result in the
child being adjudicated a
delinquent child; (3) The number of complaints, indictments, or information
described in division (B)(2)
of this section in which the act upon
which the delinquent child
adjudication is based caused property
damage or would be a theft
offense, as defined in division (K) of
section 2913.01 of the
Revised Code, if committed by an adult; (4) The number of complaints, indictments, or information
described in division (B)(3)
of this section that result in the
delinquent child being
required as an order of disposition made
under division (A)
of section 2152.20 of the Revised Code to make
restitution for
all or part of the property damage caused by the
child's
delinquent act
or for all or part of the value of the
property that was the
subject of the delinquent act that would be
a theft offense if
committed by an adult; (5) The number of complaints, indictments, or information
described in division (B)(2)
of this section in which the act upon
which the delinquent child
adjudication is based would have been
an offense of violence if
committed by an adult; (6) The number of complaints, indictments, or information
described in division (B)(5)
of this section that result in the
delinquent child being
committed as an order of disposition made
under section 2152.16,
divisions (A) and (B) of section 2152.17,
or division
(A)(2) of section 2159.19 of the Revised Code to any
facility for delinquent children operated by the county, a
district, or a private agency or organization or to the
department
of youth services; (7) The number of complaints, indictments, or information
described in division (B)(1)
of this section that result in the
case being transferred for
criminal prosecution to an appropriate
court having jurisdiction
of the offense under section 2152.12 of
the Revised
Code. (C) The clerk of the court shall compile an annual summary
covering the preceding calendar year showing all of the
information for that year contained in the statistical record
maintained under division (B) of this section. The statistical
record and the annual summary shall be public records open for
inspection. Neither the statistical record nor the annual
summary
shall include the identity of any party to a case. (D) Not later than June of each year, the court shall
prepare an annual report covering the preceding calendar year
showing the number and kinds of cases that have come before it,
the disposition of the cases, and any other data pertaining to
the
work of the court that the juvenile judge directs. The
court
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may
print or
cause to be printed copies of the report for
distribution
to persons and agencies interested in
the court or community
program for dependent, neglected, abused,
or delinquent children
and juvenile traffic offenders. The court shall
include the
number of copies ordered printed and the estimated cost of
each
printed copy on each copy of the report printed for
distribution.
(E) If an officer is preparing pursuant to section 2947.06
or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, any
records it possesses regarding any adjudications of that person as
a delinquent child or regarding the dispositions made relative to
those adjudications. The records to be made available pursuant to
this division include, but are not limited to, any social history
or report of a mental or physical examination regarding the person
that was prepared pursuant to Juvenile Rule 32.
Sec. 2951.03. (A)(1) No person who has been convicted of or
pleaded
guilty to
a felony shall be placed under a
community
control sanction until a written presentence investigation report
has been considered by the court. If a court orders the
preparation of a presentence investigation report pursuant to this
section, section 2947.06 of the Revised Code, or
Criminal Rule
32.2, the officer making the report shall
inquire into the
circumstances of the offense and the criminal
record, social
history, and present condition of the defendant, all information
available regarding any prior adjudications of the defendant as a
delinquent child and regarding the dispositions made relative to
those adjudications, and any
other matters specified in Criminal
Rule 32.2.
Whenever the officer considers it advisable, the
officer's investigation may
include a physical and mental
examination of
the defendant. A physical examination of the
defendant may include a drug
test consisting of a chemical
analysis of a blood or urine
specimen of the defendant to
determine whether the defendant
ingested or was injected with a
drug of
abuse. If, pursuant to section 2930.13 of the Revised
Code, the
victim
of the offense of which the defendant has been
convicted wishes to make a
statement regarding the impact of the
offense for the officer's use in
preparing the presentence
investigation report, the officer shall comply
with the
requirements of that section. (2) If a defendant is committed to any institution,
the
presentence investigation report shall be sent to the
institution
with the entry of commitment. If a defendant is
committed to any
institution and a presentence investigation
report is not prepared
regarding that defendant pursuant to this
section, section 2947.06
of the Revised Code, or Criminal Rule
32.2, the director of the
department of rehabilitation and
correction or the director's
designee may order that an offender
background investigation and
report be conducted and prepared regarding the
defendant pursuant
to section 5120.16 of the Revised Code.
(B)(1) If a presentence investigation report is prepared
pursuant to this section, section 2947.06 of the Revised Code,
or
Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's
counsel to read the report, except that the court shall not permit
the
defendant or the defendant's counsel to read any of the
following: (a) Any recommendation as to sentence; (b) Any diagnostic opinions that, if disclosed, the court
believes might seriously disrupt a program of rehabilitation for
the defendant; (c) Any sources of information obtained upon a promise of
confidentiality; (d) Any other information that, if disclosed, the court
believes might result in physical harm or some other type of harm
to the defendant or to any other person. (2) Prior to sentencing, the court shall permit the
defendant and the defendant's counsel to comment on the
presentence
investigation report and, in its discretion, may
permit the
defendant and the defendant's counsel to introduce
testimony or
other information that relates to any alleged factual
inaccuracy
contained in the report. (3) If the court believes that any information in the
presentence investigation report should not be disclosed pursuant
to division (B)(1) of this section, the court, in lieu of making
the report or any part of the report available, shall state
orally
or in writing a summary of the factual information
contained in
the report that will be relied upon in determining
the defendant's
sentence. The court shall permit the defendant
and the
defendant's counsel to comment upon the oral or written
summary of
the report. (4) Any material that is disclosed to the defendant or the
defendant's
counsel pursuant to this section shall be disclosed to
the
prosecutor who is handling the prosecution of the case against
the defendant. (5) If the comments of the defendant or the defendant's
counsel,
the testimony they introduce, or any of the other
information they
introduce alleges any factual inaccuracy in the
presentence
investigation report or the summary of the report, the
court
shall do either of the following with respect to each
alleged
factual inaccuracy: (a) Make a finding as to the allegation; (b) Make a determination that no finding is necessary with
respect to the allegation, because the factual matter will not be
taken into account in the sentencing of the defendant. (C) A court's decision as to the content of a summary
under
division (B)(3) of this section or as to the withholding of
information under division (B)(1)(a), (b), (c), or (d) of this
section shall be considered to be within the discretion of the
court. No appeal can be taken from either of those
decisions, and
neither of those decisions shall be the basis for
a reversal of
the
sentence imposed. (D)(1) The contents of a presentence investigation report
prepared pursuant to this section, section 2947.06 of the Revised
Code, or Criminal
Rule 32.2 and the contents of any written or
oral summary of a
presentence investigation report or of a part of
a presentence investigation
report described in division (B)(3) of
this section are confidential
information and are not a public
record. The court, an appellate court,
authorized probation
officers, investigators, and court personnel, the
defendant, the
defendant's counsel, the prosecutor who is handling the
prosecution of the case against the defendant, and authorized
personnel of an
institution to which the defendant is committed
may inspect, receive copies
of, retain copies of, and use a
presentence investigation report or a written
or oral summary of a
presentence investigation only for the purposes of or
only as
authorized by Criminal Rule 32.2 or this section,
division (F)(1)
of section 2953.08, section 2947.06, or another
section of the
Revised Code. (2) Immediately following the imposition of sentence upon
the defendant,
the defendant or the defendant's counsel and the
prosecutor shall return to
the court all copies of a presentence
investigation report and of any written
summary of a presentence
investigation report or part of a
presentence investigation report
that the court made available to the
defendant or the defendant's
counsel and to the prosecutor pursuant to this
section. The
defendant or the defendant's counsel and the prosecutor shall
not
make any copies of the presentence investigation report or of any
written
summary of a presentence investigation report or part of a
presentence
investigation report that the court made available to
them pursuant to this
section. (3) Except when a presentence investigation report or a
written or oral
summary of a presentence investigation report is
being used for the purposes
of or as authorized by Criminal Rule
32.2 or this section,
division (F)(1) of section 2953.08, section
2947.06, or another
section of the Revised Code, the court or
other authorized holder of the report or summary
shall retain the
report or summary under seal. (E)
In inquiring into the information available regarding any
prior adjudications of the defendant as a delinquent child and
regarding the dispositions made relative to those adjudications,
the officer making the report shall consider all information that
is relevant, including, but not limited to, the materials
described in division (B) of section 2151.14, division (C)(3) of
section 2152.18, division (D)(3) of section 2152.19, and division
(E) of section 2152.71 of the Revised Code.
(F)
As used in this section: (1) "Prosecutor" has the same meaning as in section 2935.01
of the Revised
Code. (2) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (3) "Public record" has the same meaning as in section
149.43
of the Revised Code.
Section 2. That all existing versions of sections 2151.14,
2152.18, 2152.19, 2152.71, and 2951.03 of the Revised Code are
hereby repealed.
Section 3. Section 2152.18 of the
Revised Code, as
presented in this act, includes matter that was
amended into
former section 2151.355 of the Revised Code by Am.
Sub. S.B. 181
of the
123rd General Assembly. Paragraphs of former
section
2151.355 of
the Revised Code containing S.B. 181
amendments were
transferred
to section 2152.18 of the Revised Code
by S.B. 179 of
the 123rd
General Assembly as part of its general
revision of the
juvenile
sentencing laws. 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
version of section 2152.18
of the Revised Code presented in this
act is the resulting version
of the section in effect prior to the
effective date of the
section as presented in this act. Section 4. Sections 1 and 2 of this act shall take effect on
January 1, 2002.
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