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Sub. H. B. No. 393As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Latta, Womer Benjamin, Seitz, Gilb, Schmidt, Lendrum, Willamowski, Cirelli, Flowers, Salerno, Manning, Niehaus, Roman, Coates, Webster, Carmichael
SENATORS Oelslager, Hottinger
A BILL
To amend sections 2151.18, 2151.28, 2151.314,
2151.354, 2151.38, 2151.87, 2152.10, 2152.13,
2152.14,
2152.16, 2152.17, 2152.18, 2152.19,
2152.22,
2152.71, 2152.82, 2152.83, 2152.84,
2301.03, 2927.02, 2950.01, 2950.04, 2950.09,
2950.14, 5139.05, 5139.06,
5139.50, and
5139.53 of
the
Revised Code to revise
the Juvenile
Law to
revise the Sex Offender Registration and
Notification Law as it applies to delinquent
children, to revise the duties of the Muskingum
County domestic relations judge to be elected in 2002.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.18, 2151.28, 2151.314,
2151.354, 2151.38, 2151.87, 2152.10, 2152.13, 2152.14, 2152.16,
2152.17,
2152.18, 2152.19, 2152.22, 2152.71, 2152.82, 2152.83,
2152.84, 2301.03, 2927.02, 2950.01, 2950.04, 2950.09, 2950.14,
5139.05,
5139.06,
5139.50, and 5139.53
of the Revised Code be
amended to
read as
follows:
Sec. 2151.18. (A) The juvenile court shall maintain
records
of all official cases brought before it, including, but not
limited
to, an appearance docket, a journal, and records of the
type required by
division (A)(2) of section 2151.35 of the Revised
Code.
The parents, guardian, or other custodian of any child
affected, if living, or the nearest of kin of the child, if the
parents would be entitled to inspect the records but are deceased,
may inspect these records, either in person or by counsel, during
the hours in which the court is open. (B) Not later than June of each year, the court shall
prepare an annual report covering the preceding calendar year
showing the number and kinds of cases that have come before it,
the disposition of the cases, and any other data pertaining to
the
work of the court that the juvenile judge directs. The
court
shall file copies of the report with the board of county
commissioners. With the approval of the board, the court may
print or
cause to be printed copies of the report for
distribution
to persons and agencies interested in
the court or community
program for dependent, neglected, abused,
or delinquent children
and juvenile traffic offenders. The court shall
include the
number of copies ordered printed and the estimated cost of
each
printed copy on each copy of the report printed for
distribution.
Sec. 2151.28. (A) No later than seventy-two hours after
the
complaint is filed, the
court shall fix a time for an adjudicatory
hearing. The court
shall conduct the adjudicatory hearing within
one of the
following periods of time: (1) Subject to division
(D)
(C) of section 2152.13 of the
Revised Code
and division (A)(3) of this section, if the complaint
alleged that the child violated
section
2151.87 of the Revised
Code
or is a delinquent or unruly
child or
a juvenile traffic
offender, the
adjudicatory hearing shall be
held
and may be
continued in
accordance with the Juvenile Rules. (2) If the complaint alleged that the child is an abused,
neglected, or dependent child, the adjudicatory hearing shall be
held no later than thirty days after the complaint is filed,
except that, for good cause shown, the court may continue the
adjudicatory hearing for either of the following periods of time: (a) For ten days beyond the thirty-day deadline to allow
any
party to obtain counsel; (b) For a reasonable period of time beyond the thirty-day
deadline to obtain service on all parties or any necessary
evaluation, except that the adjudicatory hearing shall not be
held
later than sixty days after the date on which the complaint
was
filed. (3) If the child who is the subject of the complaint is in
detention and is charged with violating a section of the Revised
Code that may be violated by an adult, the hearing shall be held
not later
than fifteen days after the filing of the complaint.
Upon a
showing of good cause, the adjudicatory hearing may be
continued
and detention extended. (B) At an adjudicatory hearing held pursuant to division
(A)(2) of this section, the court, in addition to determining
whether the child is an abused, neglected, or dependent child,
shall determine whether the child should remain or be placed in
shelter care until the dispositional hearing. When the court
makes the shelter care determination, all of the following apply: (1) The court shall determine whether there are any
relatives of the child who are willing to be temporary custodians
of the child. If any relative is willing to be a temporary
custodian, the child otherwise would remain or be placed in
shelter care, and the appointment is appropriate, the court shall
appoint the relative as temporary custodian of the child, unless
the court appoints another relative as custodian. If it
determines that the appointment of a relative as custodian would
not be appropriate, it shall issue a written opinion setting
forth
the reasons for its determination and give a copy of the
opinion
to all parties and the guardian ad litem of the child. The court's consideration of a relative for appointment as
a
temporary custodian does not make that relative a party to the
proceedings. (2) The court shall comply with section 2151.419
of the
Revised Code. (3) The court shall schedule the date for the
dispositional
hearing to be held pursuant to section 2151.35 of
the Revised
Code. The parents of the child have a right to be
represented by
counsel; however, in no case shall the
dispositional hearing be
held later than ninety days after the
date on which the complaint
was filed. (C)(1) The court shall direct the issuance of a summons
directed to the child except as provided by this section, the
parents, guardian, custodian, or other person with whom the child
may be, and any other persons that appear to the court to be
proper or necessary parties to the proceedings, requiring them to
appear before the court at the time fixed to answer the
allegations of the complaint. The summons shall contain the name
and telephone number of the court employee designated by the
court
pursuant to section 2151.314 of the Revised Code to arrange
for
the prompt appointment of counsel for indigent persons. A
child
alleged to be an abused, neglected, or dependent child
shall not
be summoned unless the court so directs. A summons
issued for a
child who is under fourteen years of age and who is
alleged to be
a delinquent child, unruly child, or a juvenile
traffic offender
shall be served on the parent, guardian, or
custodian of the child
in the child's behalf. If the person who has physical custody of the child, or
with
whom the child resides, is other than the parent or
guardian, then
the parents and guardian also shall be summoned. A copy of the
complaint shall accompany the summons. (2) In lieu of appearing before the
court at the time fixed
in the summons and prior to the date
fixed for appearance in the
summons, a child who is alleged
to have violated section 2151.87
of the
Revised
Code and that child's parent, guardian, or
custodian
may sign a waiver of appearance
before the clerk of the
juvenile court and pay a fine of one hundred dollars.
If the
child and that child's parent, guardian, or custodian do not waive
the
court appearance,
the court shall proceed with the
adjudicatory
hearing as provided in this section. (D) If the complaint contains a prayer for permanent
custody, temporary custody, whether as the preferred or an
alternative disposition, or a planned
permanent living arrangement
in a case
involving an alleged abused, neglected, or dependent
child, the
summons served on the parents shall contain as is
appropriate an
explanation that the granting of permanent custody
permanently
divests the parents of their parental rights and
privileges, an
explanation that an adjudication that the child is
an abused,
neglected, or dependent child may result in an order of
temporary
custody that will cause the removal of the child from
their legal
custody until the court terminates the order of
temporary custody
or permanently divests the parents of their
parental rights, or
an explanation that the issuance of an order
for a planned permanent living
arrangement will cause the removal
of the child from the legal custody
of the parents if any of the
conditions listed in divisions
(A)(5)(a) to (c) of section
2151.353 of the Revised Code are
found to exist. (E)(1) Except as otherwise provided in division
(E)(2) of
this section, the court may endorse upon the summons an
order
directing the parents, guardian, or other person with whom the
child may be to appear personally at the hearing and directing
the
person having the physical custody or control of the child to
bring the child to the hearing. (2) In cases in which the complaint alleges that a child is
an
unruly or delinquent child for being an habitual or chronic
truant and that
the parent, guardian, or other person having care
of the child has
failed to cause the child's attendance at school,
the court shall
endorse upon the summons an order directing the
parent, guardian,
or other person having care of the child to
appear personally at
the hearing and directing the person having
the physical custody
or control of the child to bring the child to
the hearing. (F)(1) The summons shall contain a statement advising that
any party is entitled to counsel in the proceedings and that the
court will appoint counsel or designate a county public defender
or joint county public defender to provide legal representation
if
the party is indigent. (2) In cases in which the complaint alleges a child to be an
abused,
neglected, or dependent child and no hearing has been
conducted pursuant to
division (A) of section 2151.314 of the
Revised Code with respect to the child
or a parent, guardian, or
custodian of the child does not attend the
hearing, the summons
also shall contain a statement advising that a case plan
may be
prepared for the child, the general requirements usually contained
in
case plans, and the possible consequences of failure to comply
with a
journalized case plan. (G) If it appears from an affidavit filed or from sworn
testimony before the court that the conduct, condition, or
surroundings of the child are endangering the child's health
or
welfare or those of others, that the child may abscond or be
removed from
the jurisdiction of the court, or that the child will
not be
brought to the
court, notwithstanding the service of the
summons, the court may
endorse upon the summons an order that a
law enforcement officer
serve the summons and take the child into
immediate custody and
bring the child forthwith to the court. (H) A party, other than the child, may waive service of
summons by written stipulation. (I) Before any temporary commitment is made permanent, the
court shall fix a time for hearing in accordance with section
2151.414 of the Revised Code and shall cause notice by summons to
be served upon the parent or guardian of the child and the
guardian ad litem of the child, or published, as provided in
section 2151.29 of the Revised Code. The summons shall contain
an
explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges. (J) Any person whose presence is considered necessary and
who is not summoned may be subpoenaed to appear and testify at
the
hearing. Anyone summoned or subpoenaed to appear
who fails
to do
so may be punished, as in other cases in the court of
common
pleas, for contempt of court. Persons subpoenaed shall be
paid
the same witness fees as are allowed in the court of common
pleas. (K) The failure of the court to hold an adjudicatory
hearing
within any time period set forth in division (A)(2) of
this
section does not affect the ability of the court to issue
any
order under this chapter and does not provide any basis for
attacking the jurisdiction of the court or the validity of any
order of the court. (L) If the court, at an adjudicatory hearing held pursuant
to
division (A) of this section upon a complaint alleging that a
child
is an abused, neglected, dependent, delinquent, or unruly
child or a juvenile
traffic offender, determines that the child is
a dependent child, the court
shall incorporate that determination
into written findings of fact and
conclusions of law and enter
those findings of fact and conclusions of law in
the record of the
case. The court shall include in
those findings of fact and
conclusions of law specific findings as to the
existence of any
danger to the child and any underlying family problems that
are
the basis for the court's determination that the child is a
dependent
child.
Sec. 2151.314. (A) When a child is brought before the
court
or delivered to a place of detention or shelter care
designated by
the court, the intake or other authorized officer
of the court
shall immediately make an investigation and shall
release the
child unless it appears that the child's detention or
shelter care
is warranted or required under section 2151.31 of the
Revised
Code. If the child is not so released, a complaint under section
2151.27 or
2152.021 or an information under section 2152.13
of the
Revised Code shall be filed or an indictment under division
(C)(B)
of section 2152.13 of the Revised Code shall be sought and an
informal
detention or
shelter care hearing held promptly, not
later than seventy-two
hours after the child is placed in
detention or shelter care, to
determine whether detention or
shelter care is required. Reasonable oral or
written notice of
the time, place, and purpose
of the detention or shelter care
hearing shall be given to the
child and, if they can be found, to
the child's parents, guardian,
or custodian. In cases in which
the complaint alleges a child to
be an abused, neglected, or
dependent child, the notice given the parents,
guardian, or
custodian shall inform them that a case plan may be prepared
for
the child, the general requirements usually contained in case
plans, and
the possible consequences of the failure to comply with
a journalized case
plan. Prior to the hearing, the court shall inform the
parties of
their right to counsel and to appointed counsel or to
the services
of the county public defender or joint county public
defender, if
they are indigent, of the child's right to remain
silent with
respect to any allegation of delinquency, and of the
name and
telephone number of a court employee who can be
contacted during
the normal business hours of the court to
arrange for the prompt
appointment of counsel for any party who
is indigent. Unless it
appears from the hearing that the child's
detention or shelter
care is required under the provisions of
section 2151.31 of the
Revised Code, the court shall order the child's
release as
provided by section 2151.311 of the Revised Code. If
a parent,
guardian, or custodian has not been so notified and did
not appear
or waive appearance at the hearing, upon the filing of
an
affidavit stating these facts, the court shall rehear the
matter
without unnecessary delay. (B) When the court conducts a hearing pursuant to division
(A) of this section, all of the following apply: (1) The court shall determine whether an alleged abused,
neglected, or dependent child should remain or be placed in
shelter care; (2) The court shall determine whether there are any
relatives of the child who are willing to be temporary
custodians
of the child. If any relative is willing to be a
temporary
custodian, the child would otherwise be placed or
retained in
shelter care, and the appointment is appropriate, the
court shall
appoint the relative as temporary custodian of the
child, unless
the court appoints another relative as temporary
custodian. If it
determines that the appointment of a relative
as custodian would
not be appropriate, it shall issue a written
opinion setting forth
the reasons for its determination and give
a copy of the opinion
to all parties and to the guardian ad litem
of the child. The court's consideration of a relative for appointment as
a
temporary custodian does not make that relative a party to the
proceedings. (3) The court shall comply with section 2151.419 of the
Revised Code. (C) If a child is in shelter care following the filing of
a
complaint pursuant to section 2151.27 or 2152.021 of the
Revised
Code, the filing of an information, or the obtaining of an
indictment or
following a hearing held pursuant to division (A) of
this
section, any party, including the public children services
agency, and the guardian ad litem of the child may
file a motion
with the court requesting that the child be
released from shelter
care. The motion shall state the reasons
why the child should be
released from shelter care and, if a
hearing has been held
pursuant to division (A) of this section,
any changes in the
situation of the child or the parents,
guardian, or custodian of
the child that have occurred since that
hearing and that justify
the release of the child from shelter
care. Upon the filing of
the motion, the court shall hold a
hearing in the same manner as
under division (A) of this section. (D) Each juvenile court shall designate at least one court
employee
to assist persons who are indigent in obtaining appointed
counsel. The court shall include in each notice given pursuant
to
division (A) or (C) of this section and in each summons served
upon a party pursuant to this chapter, the name and telephone
number at which each designated employee can be contacted
during
the normal business hours of the court to arrange for prompt
appointment of counsel for indigent persons.
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, the court may: (1) Make any of the dispositions authorized under section
2151.353 of the Revised Code; (2) Place the child on community control under any
sanctions, services, and conditions that the court prescribes,
as
described in division (A)(3) of section 2152.19 of the Revised
Code, provided that, if the court imposes a period of community
service upon the child, the period of community service shall not
exceed one hundred seventy-five hours; (3) Suspend or revoke the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child and suspend
or revoke the registration of all motor vehicles
registered in the name of the
child. A child whose license or
permit is so suspended or
revoked is ineligible for issuance of a
license or permit during the period of
suspension or revocation.
At the end of the period of suspension or
revocation, the child
shall not be reissued a license or permit until the
child has paid
any applicable reinstatement fee and complied with all
requirements governing license reinstatement. (4) Commit the child to the temporary or permanent custody
of the court; (5)
Make any further disposition the court finds proper that
is consistent
with sections 2151.312 and 2151.56 to 2151.61 of the
Revised Code; (6) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (3), (4), and (7) of section 2152.19 of
the
Revised Code
that is
consistent with sections 2151.312
and
2151.56
to
2151.61 of the Revised Code. (B) If a child is adjudicated an unruly child for
committing
any act that, if committed by an adult, would be a
drug abuse
offense, as defined in section 2925.01 of the Revised
Code, or a
violation of division (B) of section 2917.11 of the
Revised Code,
then, in addition to imposing, in its discretion,
any other order
of disposition authorized by this section, the
court shall do both
of the following: (1) Require the child to participate in a drug abuse or
alcohol abuse counseling program; (2) Suspend or revoke the temporary instruction permit,
probationary driver's license, or driver's license
issued to the
child for a period of time
prescribed by the court or, at the
discretion of
the court, until the child attends and
satisfactorily completes a drug
abuse or alcohol abuse education,
intervention, or treatment program
specified by the court. During
the time the child is attending
the program, the court shall
retain any temporary instruction
permit, probationary driver's
license, or driver's
license issued to the child and shall
return
the permit or license when the child satisfactorily
completes the
program. (C)(1) If a child is adjudicated an unruly child for being
an habitual truant, in addition to or in lieu of
imposing any
other order of disposition
authorized by this section, the court
may do any of the
following: (a) Order the board of education of the child's school
district
or the governing board of the educational service center
in the child's school
district to require the child to attend an
alternative school if an
alternative school has been established
pursuant to section 3313.533
of the Revised Code in the school
district in which the
child is entitled to attend school; (b) Require the child to participate in any academic program
or
community service program; (c) Require the child to participate in a drug abuse or
alcohol
abuse counseling program; (d) Require that the child receive appropriate medical or
psychological treatment or counseling; (e) Make any other order that the court finds proper to
address
the child's habitual truancy, including an order requiring
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
and including an
order
requiring the child to participate in a truancy prevention
mediation
program. (2) If a child is 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 authorized by this
section, all of the following
apply: (a) The court may 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.
(b) The court may require the
parent, guardian, or other
person having care of the child to participate in a
truancy
prevention mediation program. (c) 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.
Sec. 2151.38.
(A) Subject to
sections 2151.353 and
2151.412 to 2151.421 of the
Revised Code, and any other
provision
of
law that specifies a different duration for a
dispositional
order, all dispositional
orders made by the court under this
chapter shall be temporary and
shall continue for a
period that is
designated by the court in its order, until terminated or
modified
by the court or until the child attains twenty-one years of age. The release authority of the department of youth services
shall not release the child from
institutional care or
institutional care in a secure facility and as a result
shall not
discharge the
child or order the child's release on supervised
release prior to
the expiration of the
prescribed minimum
period
of institutionalization or
institutionalization in a secure
facility
or prior to the child's attainment of twenty-one years of
age, whichever is applicable under the order of commitment.
Sec. 2151.87. (A) As used in this section: (1)
"Cigarette" and
"tobacco product" have the same
meanings
as in section 2927.02 of the
Revised Code. (2)
"Youth smoking education program" means a private or
public
agency program that is related to tobacco use, prevention,
and
cessation, that is carried out or funded by the tobacco use
prevention and control foundation pursuant to section 183.07 of
the Revised Code, that utilizes educational methods
focusing on
the negative health effects of smoking and using tobacco products,
and that is
not more than twelve hours in duration. (B) No child shall do any of the following unless
accompanied by
a parent,
spouse who is eighteen years of age or
older, or legal guardian of the
child: (1) Use, consume, or possess cigarettes, other tobacco
products, or papers used to roll cigarettes; (2) Purchase or attempt to purchase cigarettes, other
tobacco products, or papers used to roll cigarettes; (3) Order, pay for, or share the cost of cigarettes,
other
tobacco products, or papers used to roll
cigarettes; (4) Except as provided in division (E) of this section,
accept or
receive cigarettes, other tobacco products,
or papers
used to roll cigarettes. (C) No child shall knowingly furnish false information
concerning that
child's name, age, or other identification for the
purpose of
obtaining cigarettes, other tobacco products, or papers
used to
roll cigarettes. (D) A juvenile court shall not
adjudicate a child a
delinquent or unruly child for a violation of division
(B)(1),
(2), (3), or (4) or
(C) of this section. (E)(1) It is not a
violation of division (B)(4) of
this
section for a child to accept or receive
cigarettes, other tobacco
products, or papers used to roll
cigarettes if the child is
required to do so in the
performance of the child's duties as an
employee of
that child's employer and the child's acceptance or
receipt of cigarettes, other tobacco products, or papers used to
roll cigarettes occurs exclusively within the scope of the
child's
employment. (2) It is not a violation of division (B)(1), (2), (3), or
(4)
of this section if the child possesses, purchases or attempts
to purchase,
orders, pays for, shares the cost of, or accepts or
receives cigarettes, other tobacco products, or papers used to
roll cigarettes while participating in an inspection or compliance
check conducted by a federal, state, local, or corporate entity at
a location at which cigarettes, other tobacco products, or papers
used to roll cigarettes are sold or distributed.
(3) It is not a violation of division (B)(1) or (4) of this
section for a child to accept, receive, use, consume, or possess
cigarettes, other tobacco products, or papers used to roll
cigarettes while participating in a research protocol if all of
the following apply: (a) The parent, guardian, or legal custodian of the child has
consented in writing to the child participating in the research
protocol. (b) An institutional human subjects protection review board,
or an equivalent entity, has approved the research protocol. (c) The child is participating in the research protocol at
the facility or location specified in the research protocol. (F) If a juvenile court finds that a child
violated division
(B)(1), (2),
(3), or (4) or (C) of this section, the court may do
either or
both of the following: (1) Require the child to attend a youth smoking education
program
or other smoking treatment program approved by the court,
if one is
available; (2) Impose a fine of not more than one hundred dollars. (G) If a child disobeys a juvenile court order issued
pursuant to
division (F) of this section, the court may do any or
all of the
following: (1) Increase the fine imposed upon the child under division
(F)(2)
of this section; (2) Require the child to perform not more than twenty hours
of
community service; (3) Suspend for a period of thirty days the temporary
instruction
permit, probationary driver's license, or driver's
license issued to the
child. (H) A child alleged or found to have violated division
(B)
or (C)
of this section shall not be detained under any provision
of this
chapter or any other provision of the Revised Code.
Sec. 2152.10. (A) A child who is alleged to be a delinquent
child is eligible for mandatory transfer and shall be transferred
as provided
in section 2152.12 of
the Revised Code in any of the
following
circumstances: (1) The child is charged with a category one offense and
either
of the following apply: (a) The child was sixteen years of age or older at the time
of
the act charged. (b) The child
was fourteen or fifteen years
of age at the
time of the act charged and
previously was adjudicated a
delinquent child for
committing an act that is a category one or
category two offense and was
committed to the legal
custody of the
department of youth services upon the basis of that
adjudication. (2) The child is charged with a category two offense, other
than
a violation of section 2905.01 of the Revised Code, the child
was
sixteen years of age or older at the time of the commission of
the
act charged, and either or both of the following apply: (a) The child previously was adjudicated a delinquent child
for
committing an act that is a category one or a category two
offense and was committed to the legal
custody of the department
of youth services on the basis of that
adjudication. (b) The child is alleged to have had a firearm on or about
the
child's person or under the child's control while committing
the act charged and to have displayed the
firearm,
brandished the
firearm, indicated possession of the firearm, or used the firearm
to facilitate the commission of the act charged. (3) Division (A)(2) of section 2152.12 of the Revised
Code
applies. (B) Unless the child is subject to mandatory transfer, if a
child
is fourteen years of age or older at the time of the act
charged and if the child is charged with an act that would be a
felony
if committed by an adult, the child is eligible for
discretionary
transfer to the appropriate court for criminal
prosecution. In
determining whether to transfer the child for
criminal
prosecution, the juvenile court shall follow the
procedures in
section 2152.12 of the Revised Code. If the court
does not
transfer the child and if the court adjudicates the child
to be a delinquent
child for the act charged, the court shall
issue an
order of disposition in accordance with section 2152.11
of the
Revised Code.
Sec. 2152.13. (A) A juvenile court may impose
a serious
youthful offender dispositional sentence
on a child only if the
prosecuting attorney of the county in which
the delinquent act
allegedly occurred initiates the process against the
child in
accordance with this division
or division (B) of this
section, and
the child is
an
alleged delinquent child who is
eligible for the
dispositional sentence.
The prosecuting attorney
may initiate the
process in any of the following ways: (1)
The
Obtaining an indictment of the child
is indicted as a
serious youthful offender
or
is
charged; (2) The child waives the right to indictment, charging the
child in a bill of information as a serious youthful
offender. (3) Until an indictment or information is obtained,
requesting a
serious
youthful offender dispositional sentence in
the original
complaint
alleging that the child is a
delinquent
child
requests a
serious
youthful offender
dispositional
sentence. (4) Until an indictment or information is obtained, if the
original
complaint
includes a notice of
intent to seek that type
of
does
not request a serious youthful offender dispositional
sentence,
the prosecuting attorney
shall file
filing with the
juvenile
court
a written
notice of intent to
seek a serious
youthful offender
dispositional sentence
within
twenty days
after
the later of the
following, unless the time
is
extended by the
juvenile court for
good cause shown: (1)(a) The date of the child's first juvenile court hearing
regarding
the complaint;
(2)(b) The date the juvenile court determines not to
transfer
the
case under section 2152.12 of the Revised Code.
After a written notice is filed under
this division
(A)(4) of
this section,
the
juvenile court shall
serve a copy of the notice
on the child
and
advise
the child of the prosecuting attorney's
intent to seek a
serious youthful offender dispositional sentence
in the case. (C)(B) If an alleged delinquent child is not indicted or
charged by
information as described in division (A)(1) or (2) of
this
section and if a
notice
or complaint as described in division
(A)(3) or
(B)(4) of this
section indicates that the
prosecuting
attorney intends to pursue a serious youthful offender
dispositional sentence in the case, the juvenile court shall
hold
a preliminary hearing to determine if there is probable cause
that
the child committed the act charged and is by age
eligible for, or
required to receive, a serious youthful offender
dispositional
sentence.
(D)(C)(1) A child for whom a serious youthful offender
dispositional
sentence is sought has the right to a grand jury
determination of probable
cause that the child committed the act
charged and
that the child is eligible by age for a serious
youthful offender
dispositional sentence.
The grand jury may be
impaneled by the court of
common pleas or the juvenile court.
Once a child is indicted,
or charged by information or the
juvenile court determines that the
child is eligible for a serious
youthful offender dispositional
sentence, the child is entitled to
an
open and speedy trial by jury in juvenile court and to be
provided
with a transcript of the proceedings. The time within
which the trial is to
be held under Title XXIX of the Revised Code
commences
on whichever of the following dates is applicable: (a) If the child is indicted or charged by information, on
the
date of
the filing of the indictment or information.
(b) If the child is charged by an original complaint that
requests a serious youthful offender dispositional sentence, on
the date
of the filing of the complaint. (c) If the child is not charged by an original complaint
that
requests a serious youthful offender dispositional sentence, on
the date that
the prosecuting attorney files the
written notice of
intent to seek a serious youthful offender
dispositional sentence. (2) If the child is detained
awaiting adjudication, upon
indictment or being charged by information,
the
child has the same
right to bail as an
adult charged with the offense the alleged
delinquent act would be
if committed by an adult. Except as
provided in division (D) of
section 2152.14 of the Revised Code,
all provisions of
Title XXIX of the Revised
Code and the
criminal
rules
Criminal
Rules shall apply in the case and to the child.
The juvenile
court shall afford the child all rights afforded a
person who is
prosecuted for
committing a crime including the
right to counsel
and the right to raise the
issue of competency.
The child may not
waive the right to counsel. (E)(D)(1) If a child is adjudicated a delinquent child
for
committing an act under circumstances that require the juvenile
court to
impose upon the child a serious
youthful offender
dispositional sentence under
section 2152.11 of the
revised code
Revised Code, all of the following
apply:
(a) The juvenile court shall impose upon the child a
sentence
available for the violation, as if the child were an
adult, under
Chapter 2929. of the Revised Code, except that the
juvenile court shall not impose on the child a sentence of death
or life
imprisonment without parole. (b) The juvenile court also shall impose upon the child
one
or more traditional juvenile dispositions under sections 2152.16
and,
2152.19, and 2152.20, and, if applicable, section 2152.17 of
the
Revised Code. (c) The juvenile court shall stay the adult portion of the
serious youthful offender dispositional sentence pending the
successful
completion of the traditional
juvenile dispositions
imposed.
(2)(a) If a
child is
adjudicated a delinquent child for
committing an act under
circumstances that allow, but do not
require, the juvenile court
to impose on the child a serious
youthful offender dispositional
sentence under
section 2152.11 of
the
Revised Code, all of the following apply: (i) If the juvenile court on the
record makes a finding
that,
given the nature and circumstances of the violation and the
history of the child, the length of time, level of security, and
types
of programming and resources available in the juvenile
system alone are
not adequate to provide the juvenile court with a
reasonable
expectation that the purposes set forth in section
2152.01 of the
Revised Code will be met, the juvenile court may
impose upon
the child a sentence available for the
violation, as
if the
child were an adult, under Chapter 2929. of the Revised
Code,
except that the juvenile court shall not impose on the child
a sentence
of death or life imprisonment without parole. (ii) If a sentence is imposed under division
(E)(D)(2)(a)(i)
of
this
section, the juvenile court also shall impose upon the
child
one or more traditional juvenile dispositions under sections
2152.16,
2152.19, and 2152.20 and, if applicable, section 2152.17
of the
Revised Code. (iii) The juvenile court shall stay the adult portion of the
serious youthful offender dispositional sentence pending the
successful
completion of the traditional
juvenile dispositions
imposed.
(b) If the juvenile court does not find that a sentence
should be
imposed under division
(E)(D)(2)(a)(i) of this
section,
the
juvenile
court may impose one or more traditional juvenile
dispositions under sections
2152.16, 2152.19,
2152.20, and, if
applicable,
section 2152.17 of the Revised Code. (3) A child upon whom a serious youthful offender
dispositional
sentence is imposed under division
(E)(D)(1) or (2)
of
this section
has a right to appeal under division (A)(1), (3),
(4),
(5), or (6)
of section 2953.08 of the Revised Code the adult
portion of the
serious youthful offender dispositional sentence
when any of those divisions
apply. The child may appeal the adult
portion, and the court
shall consider the appeal as if the adult
portion were not
stayed.
Sec. 2152.14. (A)(1) The director of youth services may
request
the prosecuting attorney of the county in which is located
the juvenile court
that
imposed a serious youthful
offender
dispositional sentence upon a person to file a motion
with that
juvenile court to invoke the adult portion of the
dispositional
sentence if all of the following apply to the
person: (a) The person is at least fourteen years of age. (b) The person is in the institutional custody, or an
escapee
from
the custody, of the department of youth services. (c) The person is serving the juvenile portion of the
serious
youthful offender dispositional sentence.
(2) The motion shall state that there is reasonable cause to
believe that either of the following misconduct has occurred and
shall state that at least one incident of misconduct of that
nature occurred
after the person reached fourteen years of age: (a) The person committed an act that is a violation of the
rules
of the institution and that could be charged as any felony
or as a first
degree
misdemeanor offense of
violence if committed
by an adult. (b) The person has engaged in conduct that
creates a
substantial risk to the safety or security of the institution, the
community, or the
victim. (B) If a person is at least fourteen years of age, is
serving the
juvenile portion of a serious youthful offender
dispositional sentence, and is
on parole or aftercare
from a
department of youth services facility, or on community
control,
the director of youth services, the juvenile court that
imposed
the serious youthful offender dispositional sentence on
the
person, or the probation department supervising the person may
request the prosecuting attorney of the county in which is located
the
juvenile court to file a motion with the juvenile court to
invoke
the adult portion of the dispositional sentence. The
prosecuting
attorney may file a motion to invoke the adult portion
of the dispositional
sentence even if no request is made. The
motion shall state that there is reasonable cause to believe that
either of the following occurred
and shall state that at least one
incident of misconduct of that nature occurred after the person
reached fourteen years of age: (1) The person committed an act that is a violation of the
conditions of supervision and that could be charged as any felony
or as a
first degree misdemeanor offense of violence if committed
by an
adult. (2) The person has engaged in conduct that creates a
substantial risk to
the safety or security of the community or of
the
victim. (C) If the prosecuting attorney declines a request to file a
motion that was made by the department of youth services or the
supervising probation department under division (A) or (B)
of this
section or fails to act on a request made under either division by
the
department within a reasonable time, the department of youth
services or the
supervising probation department may file a motion
of the type described in
division (A) or (B) of this section with
the
juvenile court to invoke the adult portion of the serious
youthful
offender dispositional sentence. If the prosecuting
attorney
declines a request to file a motion that was made by the
juvenile
court under division (B) of this section or fails to act
on a
request from the court under that division within a
reasonable time, the
juvenile court may hold the hearing described
in division (D) of this
section on its own
motion. (D) Upon the filing of a motion described in division
(A),
(B), or (C)
of this section, the juvenile court may hold a hearing
to determine whether to
invoke the adult portion of a person's
serious juvenile offender dispositional
sentence. The juvenile
court shall not
invoke the adult portion of the dispositional
sentence without a
hearing. At the hearing the person who is
the
subject of the serious youthful offender disposition has the
right
to be present, to receive notice of the grounds upon which
the
adult sentence portion is sought to be invoked, to be
represented
by counsel including counsel appointed
under Juvenile
Rule 4(A),
to be advised on the procedures and
protections set forth in the
Juvenile Rules, and to present
evidence on the person's own
behalf, including evidence that the person has a
mental illness or
is a mentally retarded
person. The person may not waive the right
to counsel. The hearing
shall be open to the public. If the
person presents
evidence that the person has a mental illness or
is a mentally retarded
person, the juvenile court shall consider
that evidence in determining
whether to invoke the adult portion
of the serious youthful offender
dispositional sentence. (E)(1) The juvenile court may invoke the adult portion of a
person's
serious youthful offender dispositional sentence if the
juvenile court finds
all of the following on the record by clear
and
convincing evidence: (1)(a) The person is serving the juvenile portion of a
serious
youthful offender dispositional sentence.
(2)(b) The person is at least fourteen years of age and has
been
admitted to a department of youth services facility, or
criminal charges
are pending against the person.
(3)(c) The person engaged in the conduct or acts charged
under
division (A), (B), or (C) of this section, and the
person's
conduct
demonstrates that the person is unlikely to be
rehabilitated during the
remaining period of juvenile
jurisdiction.
(2) The court may modify the adult sentence the court
invokes to consist of any lesser prison term that could be imposed
for the offense and, in addition to the prison term or in lieu of
the prison term if the prison term was not mandatory, any
community control sanction that the offender was eligible to
receive at sentencing. (F) If a juvenile court issues an order invoking the adult
portion of a serious youthful offender dispositional sentence
under
division (E) of this section, the juvenile portion of the
dispositional sentence shall terminate, and the department of
youth services
shall transfer
the person to the department of
rehabilitation and correction or place the
person under another
sanction imposed as part of the sentence. The juvenile
court
shall state in its order the total number of days that the
person
has been held in detention or in a facility operated by, or
under
contract with, the department of youth services under the
juvenile
portion of the dispositional sentence. The time the
person must
serve on a prison term imposed under the adult portion
of the
dispositional sentence shall be reduced by the total number
of
days specified in the order plus any additional days the person
is
held in a juvenile facility or in detention after the
order is
issued and before the person is transferred to the
custody of the
department of rehabilitation and correction. In no case shall
the
total prison term as calculated under this division exceed the
maximum
prison term available for an adult who is convicted of
violating the same
sections of the Revised Code. Any community control imposed as part of the adult sentence
or as
a condition of a judicial release from prison shall be under
the
supervision of the entity that provides adult probation
services in the
county. Any post-release control imposed after
the offender
otherwise is released from prison shall be supervised
by the adult
parole authority.
Sec. 2152.16. (A)(1) If a child is adjudicated a delinquent
child for committing an act that would be a felony if committed by
an adult,
the
juvenile court may commit the child to the legal
custody of the department of
youth services for secure confinement
as follows: (a) For an act that would be aggravated murder or murder if
committed by an adult, until the offender
attains twenty-one years
of age; (b)
For a violation of section
2923.02 of the Revised Code
that involves an attempt to
commit an act that would be aggravated
murder
or murder if committed by an adult, a minimum period of six
to seven years as
prescribed by the court
and a maximum period not
to exceed the child's attainment of
twenty-one years of age; (c)
For a violation of section 2903.03, 2905.01, 2909.02, or
2911.01 or
division (A) of section 2903.04 of the Revised Code
or
for
a violation of any provision of section 2907.02 of the Revised
Code
other than division (A)(1)(b) of that section when
the sexual
conduct or insertion involved was consensual and when the victim
of the
violation of division (A)(1)(b) of that section was older
than the
delinquent child, was
the same age as the delinquent
child, or was less than three years younger
than the
delinquent
child, for an indefinite term consisting of a minimum period of
one
to three
years, as prescribed by the court, and a maximum
period not to
exceed the child's attainment of twenty-one years of
age; (d) If the child is adjudicated a delinquent child for
committing
an act that is not described in division (A)(1)(b) or
(c) of this
section and that would be a felony of the first or
second degree if committed
by an adult, for an indefinite term
consisting of a minimum period of one year and a maximum period
not to exceed
the child's attainment of
twenty-one years of age. (e) For committing an act that would be a felony of the
third,
fourth, or fifth degree if committed by an adult or for a
violation of
division (A) of section 2923.211 of the Revised
Code,
for
an indefinite term consisting of a minimum period of six
months and a
maximum period not to exceed the child's attainment
of twenty-one years
of age. (2) In each case in which a court makes a disposition under
this
section, the court retains control over the commitment for
the minimum
period specified by the court in divisions
(A)(1)(a)
to (e) of this section.
During the
minimum period
of court
control, the
department of youth services shall not
move the child
to a
nonsecure setting without the permission of the court
that
imposed
the disposition. (B)
If
(1) Subject to division (B)(2) of this section, if a
delinquent child is committed to the department of
youth
services
under this section, the department may release the
child at any
time
after the
minimum period
of
specified by the court
control
imposed under
in division
(A)(1) of this section ends.
(2) A commitment under this section is subject to a
supervised release or to a discharge of the child from the custody
of the department for medical reasons pursuant to section 5139.54
of the Revised Code, but, during the minimum
period specified by
the court in division (A)(1) of this section,
the department shall
obtain court approval of a supervised
release or discharge under
that section. (C) If a child is adjudicated a delinquent child, at the
dispositional hearing and prior to making any disposition pursuant
to this
section, the court shall determine whether the
delinquent
child previously has been adjudicated a delinquent
child for a
violation of a law or ordinance. If the delinquent
child
previously has been adjudicated a delinquent child for a violation
of a law or ordinance, the court, for purposes of entering an
order of disposition of the delinquent child under this section,
shall consider the previous delinquent child adjudication as a
conviction of a violation of the law or ordinance in determining
the degree of the offense the current act would be had it been
committed by an adult. This division also shall apply in relation
to the imposition of any financial sanction under section 2152.19
of the Revised Code.
Sec. 2152.17. (A) Subject to division (D) of this
section,
if a child is adjudicated a delinquent child
for committing
an
act, other than a violation of section 2923.12 of the Revised
Code, that would be a felony
if committed by an adult and if the
court determines that, if the child was an
adult, the child would
be guilty of a
specification of the type set forth in section
2941.141, 2941.144,
2941.145, or 2941.146 of the Revised Code, in
addition to
any commitment or other disposition the court imposes
for the underlying
delinquent act, all of the following apply: (1) If the court determines that the child would be guilty
of a
specification of the
type set forth in section 2941.141 of
the Revised Code,
the court may commit the child to the department
of youth services for the
specification for a definite period of
up to one
year. (2) If the court determines that the child would be guilty
of a
specification of the
type set forth in section 2941.145 of
the Revised Code, the court
shall
commit the child to the
department of youth services for the specification for
a definite
period of not less than one and not more than three
years, and the
court also shall commit the child to the department for the
underlying delinquent act under sections 2152.11 to 2152.16 of the
Revised Code. (3) If the court determines that the child would be guilty
of a
specification of the type set forth in section 2941.144 or
2941.146 of
the Revised Code, the court shall commit the child to
the
department of youth services for the specification for a
definite
period of not less than one and not more than five years,
and the court also
shall commit the
child to the department for
the underlying delinquent act under
sections 2152.11 to 2152.16 of
the Revised Code.
(B) Division (A) of this section also applies to a child
who
is
an accomplice
to the same extent the firearm specifications
would apply to an adult
accomplice in a criminal proceeding. (C) If a child is adjudicated a delinquent child for
committing
an act that would be aggravated murder, murder, or a
first, second, or third
degree felony offense of
violence if
committed by an adult and if the court
determines that, if the
child was an adult, the child would be
guilty of a specification
of the type set forth in section
2941.142 of the Revised Code in
relation to the act for which the
child was adjudicated a
delinquent child, the court shall commit
the child for the
specification to the legal custody of the
department of youth
services for institutionalization in a secure
facility for a
definite period of not less than one and not more than three
years, subject to division
(D)(2) of this section, and the
court
also
shall commit the child to the department for the underlying
delinquent act. (D)(1) If the child is adjudicated a
delinquent child for
committing an act that would be an offense of
violence that is a
felony if committed by an adult and is
committed to the legal
custody of the department of youth services
pursuant to division
(A)(4), (5), or (6)(1) of
this section
2152.16 of the Revised Code
and
if
the court determines
that the child, if the child was an
adult, would be
guilty of a
specification of the type set forth in
section
2941.1411 of the
Revised Code in relation to the act for
which the
child was
adjudicated a delinquent child, the court may
commit the child to
the custody of the department of youth
services for
institutionalization in a secure facility for
up to
two
years, subject
to
division
(A)(7)(d)(D)(2) of this section. (d)(2) A court that imposes a period of commitment under
division
(A)(7)(a) of this section is not
precluded from imposing
an additional period of commitment under division
(A)(7)(b)(C) or
(c)(D)(1)
of this section, a
court that imposes a
period of
commitment under
division
(A)(7)(b)(C) of this
section is
not
precluded from imposing
an additional period of commitment under
division (A)(7)(a) or
(c)(D)(1)
of this
section, and a court that
imposes a period of commitment
under division
(A)(7)(c)(D)(1) of
this
section is not precluded from
imposing an additional period
of commitment
under division
(A)(7)(a) or
(b)(C) of
this section.
(E) The court shall not commit a child to the legal custody
of
the department of youth services for
a specification
pursuant
to
this section for a period that
exceeds five years
for
any
one
delinquent act. Any
commitment imposed pursuant to
division (A),
(B),
or (C), or
(D)(1) of this
section shall be in addition to,
and shall be
served consecutively with and
prior to, a period of
commitment
ordered under this chapter for the underlying
delinquent act, and
each commitment imposed
pursuant to division
(A), (B),
or (C), or
(D)(1) of
this
section shall be in
addition
to,
and
shall be
served
consecutively with, any other period of
commitment
imposed
under
those
divisions. If a commitment is
imposed under
division
(A) or
(B) of this section and a commitment
also is
imposed under
division
(C) of
this section, the period
imposed
under division
(A) or (B)
of this section
shall be served
prior to
the period
imposed under division (C) of
this section. In each case in which a court makes a disposition under this
section, the court retains control over the commitment for the
entire period of the commitment. The total of all the periods of commitment imposed for any
specification under this section and for the underlying offense
shall not exceed the child's attainment of twenty-one years
of
age. (E)(F) If a child is adjudicated a delinquent child for
committing
two or more acts that would be felonies if committed by
an adult and if the
court entering the delinquent child
adjudication
orders the commitment of the child for two or more of
those acts
to the legal custody of the department of youth
services for
institutionalization in a secure facility pursuant to
section
2152.13 or 2152.16
or
of the Revised Code, the court may
order that all of the periods of commitment imposed under those
sections for those acts be served consecutively in the legal
custody of the
department of youth services, provided that those
periods of commitment shall
be in addition to and
commence
immediately following the expiration of a period of commitment
that the court
imposes pursuant to division (A), (B),
or
(C), or
(D)(1) of
this section. A court shall not commit a delinquent
child to
the
legal
custody of the department of youth services
under this
division for a period that exceeds the child's
attainment of
twenty-one
years of age.
(F)(G) If a child is adjudicated a delinquent child for
committing
an act that if committed by an adult would be
aggravated murder, murder, rape,
felonious sexual penetration in
violation of
former section 2907.12 of the Revised Code,
involuntary
manslaughter, a felony of the first or second degree
resulting in
the death of or physical harm to a person, complicity
in or an
attempt to commit any of those offenses, or an offense
under an
existing or former law of this state that is or was
substantially
equivalent to any of those offenses and if the court
in its order of
disposition for that act commits the child to the
custody of the department of
youth services, the adjudication
shall be considered a conviction for purposes of a future
determination
pursuant to Chapter 2929. of the Revised Code as to
whether the child, as an adult, is a repeat violent offender.
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. (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. 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. (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
do one of the following: (1) Require that the child be provided treatment as described
in division (A)(2) of section 5139.13 of the Revised Code; (2) 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. 2152.22. (A)
When a child is committed to the legal
custody
of the department of youth services under this chapter,
the juvenile court
relinquishes control with respect to the child
so committed, except as
provided in
divisions (B), (C), and (G) of
this section
or in sections 2152.82 to 2152.85 of the Revised
Code.
Subject to divisions (B) and (C) of this section,
sections
2151.353 and 2151.412 to 2151.421 of the Revised Code,
sections
2152.82 to 2152.85 of the Revised Code,
and
any
other
provision of
law that specifies a different duration
for a
dispositional order,
all other dispositional orders made by
the
court under
this
chapter shall be
temporary and
shall continue
for
a period that is
designated by the court in its
order, until
terminated or modified
by the court or until
the child attains
twenty-one years of age. The department shall not release the
child from a department
facility and as a result shall not discharge the
child or order
the child's release on supervised release prior to the
expiration
of the
minimum period
of court control over the child
specified by
the court in division (A)(1) of section 2152.16 of the Revised
Code and any term of commitment imposed under section 2152.17 of
the Revised Code or
prior to the
child's attainment of twenty-one
years
of age,
except upon the
order of a court pursuant to
division (B) or
(C) of this section
or in accordance with section
5139.54 of the
Revised Code. (B)(1)
The court that commits a delinquent child to the
department may grant judicial release of the child to court
supervision under
this division, during any of the following
periods
that are applicable
during the first half of the
prescribed minimum term for which the child was committed to the
department or, if the child was committed to the department until
the child attains twenty-one years of age, during the first half
of the prescribed period of commitment that begins on the first
day of commitment and ends on the child's twenty-first birthday,
provided any commitment imposed under
division
(A), (B),
or (C),
or (D) of section 2152.17 of the Revised Code
has
ended: (a)
If the child was given a disposition
under section
2152.16 of the Revised Code for committing an act that would be a
felony of the
third, fourth, or fifth degree if committed by an
adult, at any time during
the
first ninety days of the period of
court control over the
child;
(b)
If the child was given a disposition under
section
2152.13 or 2152.16 of the Revised Code, or both of those sections,
for committing an
act that would be a felony of the first or
second degree if committed by an
adult, at any time during
the
first one hundred eighty days of the period of court control over
the child;
(c)
If the child was committed to the department until the
child
attains twenty-one years of age for an act that would be
aggravated murder or
murder if committed by an adult, at any time
during the first half of the
prescribed period of that
commitment
of the child.
(2) If the department of youth services desires to release a
child during a period specified in division (B)(1) of this
section, it shall request the court that committed the child to
grant a
judicial release of the child to court supervision.
During
whichever of those
periods is applicable, the child or the
parents
of
the child also may request that court to grant a
judicial
release
of the child to court supervision. Upon receipt
of a
request for
a judicial release to court supervision from the
department, the
child, or the child's parent, or upon its own
motion, the court
that committed the child shall do one of the
following: approve
the release by journal entry; schedule within
thirty days after the request is
received a time for a hearing on
whether the child is to be released; or reject
the request by
journal entry without conducting a hearing.
If the court rejects an initial request for a release under
this
division by the child or the child's parent, the child or the
child's
parent may make one additional request for a judicial
release to
court supervision within the applicable period. The
additional
request may be made no earlier than thirty days after
the filing
of the prior request for a judicial release to court
supervision. Upon the filing of a second request
for a judicial
release to court supervision, the court shall either approve or
disapprove the release
by journal entry or schedule within thirty
days after the request
is received a time for a hearing on whether
the child is to be
released. (3) If a court schedules a hearing under division (B)(2) of
this
section, it may order the department to deliver the child to
the court on
the date set for the hearing and may order the
department
to present to the court a report on the child's
progress in the
institution to which the child was committed and
recommendations for
conditions of supervision of the child by the
court after release. The
court may conduct the hearing without
the child being present.
The court shall determine at the hearing
whether the child should
be granted a judicial release to court
supervision. If the court approves the release, it shall order its staff
to
prepare a written treatment and rehabilitation plan for the
child that
may include any conditions of the child's release that
were
recommended by the department and approved by the court. The
committing court shall send the juvenile
court of the county in
which the child is placed a copy of the
recommended plan. The
court of the
county in which the child is placed may adopt the
recommended
conditions set by the committing court as an order of
the court
and may add any additional consistent conditions it
considers
appropriate. If a child is granted a judicial release
to court
supervision, the release discharges the child from the
custody of
the department of youth services. (C)(1)
The court that commits a delinquent child to the
department may grant judicial release of the child to department
of youth
services supervision under this division, during any
of
the following periods that are applicable
during the second half
of the prescribed minimum term for which the child was committed
to the department or, if the child was committed to the department
until the child attains twenty-one years of age, during the second
half of the prescribed period of commitment that begins on the
first day of commitment and ends on the child's twenty-first
birthday, provided any
commitment
imposed under division (A), (B),
or (C), or (D)
of section
2152.17 of the
Revised Code has ended: (a)
If the child was given a disposition
under section
2152.16 of the Revised Code for an act that would be a felony of
the third,
fourth, or fifth degree if committed by an adult, at
any time during the
period of court control
over the child,
provided that at least ninety days
of that period have elapsed;
(b)
If the child was given a disposition under
section
2152.13 or 2152.16 of the Revised Code, or both of those sections,
for an act that
would be a felony of the
first or second degree if
committed by an adult, at any time during
the period of court
control over the child, provided that at least one
hundred eighty
days of that period have elapsed;
(c)
If the child was committed to the department for an act
that
would be aggravated murder or murder if committed by an adult
until the child
attains twenty-one years of age, at any time
during the second half of the
prescribed period of that
commitment
of the child.
(2) If the department of youth services desires to release a
child during a period specified in division (C)(1) of this
section, it shall request the court that committed the child to
grant a
judicial release to department of youth services
supervision. During whichever of those periods is applicable, the
child or the child's parent also may request the court that
committed the child to grant a judicial release to department of
youth services supervision. Upon receipt of a request for
judicial release to department of youth services supervision, the
child, or
the child's parent, or upon its own motion at any time
during
that period, the court shall do one of the following:
approve the release by
journal entry; schedule a time within
thirty days after receipt of the request
for a hearing on whether
the child is to be released; or reject
the request by journal
entry without conducting a hearing. If the court rejects an initial request for release under
this
division by the child or the child's parent, the child or the
child's
parent may make one or more subsequent requests for a
release
within the applicable period, but may make no more than
one request during
each period of ninety
days that the child is in
a secure department facility after the filing of a
prior request
for early
release. Upon the filing of a request for release under
this
division subsequent to an initial request, the court shall
either
approve or disapprove the release by journal entry or
schedule a
time within thirty days after receipt of the request
for a hearing
on whether the child is to be released. (3) If a court schedules a hearing under division (C)(2) of
this
section, it may order the department to deliver the child to
the court on the date set for the hearing and shall order the
department to present to the court at that time a treatment plan
for the child's post-institutional care. The court may conduct
the hearing without the child being present. The court shall
determine at the hearing whether the child should be granted a
judicial release to department of youth services supervision.
If the court approves the judicial release to department of
youth
services supervision, the department shall prepare a written
treatment and rehabilitation plan for the child pursuant to
division
(E) of this section that shall include the conditions of
the child's release. It shall send the committing court and the
juvenile court of the
county in which the child is placed a copy
of the plan. The court of the county in which
the child is placed
may adopt the conditions set by the department
as an order of the
court and may add any additional consistent
conditions it
considers appropriate, provided that the court may
not add any
condition that decreases the level or degree of
supervision
specified by the department in its plan, that
substantially
increases the financial burden of supervision that will be
experienced by the department, or that alters the placement
specified by the
department in its plan. If the court of the
county in which the child is
placed adds to the department's plan
any additional conditions, it
shall enter those additional
conditions in its journal and shall
send to the department a copy
of the journal entry of the
additional conditions. If the court approves the judicial release to department of
youth
services supervision, the actual date on which the
department
shall release the child is contingent upon the
department finding
a suitable placement for the child. If the
child is to be
returned to the child's home, the department shall
return the
child on the date that the court schedules for the
child's release
or shall bear the expense of any additional time
that the child
remains in a department facility. If the child is
unable to
return to the child's home, the department shall
exercise
reasonable diligence in finding a suitable placement for
the
child, and the child shall remain in a department facility
while the
department finds the suitable placement. (D) If a child is released under division (B) or
(C) of this
section and the court of the county in which the child is placed
has reason to
believe that the child's deportment is not in
accordance with the conditions
of the child's judicial release,
the
court of the county in which the child is placed shall
schedule a
time for a hearing to determine whether the child
violated any of
the post-release conditions, and, if the child was
released under
division (C) of this section, divisions (A) to (E)
of section 5139.52 of the Revised Code apply regarding the
child. If that court determines at the hearing that the child
violated
any of the post-release conditions, the court, if it
determines that the
violation was a serious violation, may order
the child to be returned to
the department for
institutionalization, consistent with the
original order of
commitment of the child, or in any case may make
any other
disposition of the child authorized by law that the court
considers proper. If the court of
the county in which the child
is placed orders the child to be returned to a department of youth
services institution, the time during which the child was held in
a secure department facility prior to the child's judicial release
shall be considered as time served in fulfilling the prescribed
period of institutionalization that is applicable to the child
under the child's original order of commitment. If the court
orders the child returned to a department institution, the child
shall remain
in institutional care for a minimum of three months
or until the child
successfully completes a revocation program of
a duration of not less than
thirty days operated either by the
department or by an entity with
which the department has
contracted to provide a revocation
program. (E) The department of youth services, prior to the release
of a
child pursuant to division (C) of this section, shall do all
of
the following: (1) After reviewing the child's rehabilitative progress
history
and medical and educational records, prepare a written
treatment and
rehabilitation plan for the child that includes
conditions of the
release; (2) Completely discuss the conditions of the plan prepared
pursuant to division (E)(1) of this section and the possible
penalties for violation of the plan with the child and the child's
parents, guardian, or legal custodian; (3) Have the plan prepared pursuant to division (E)(1) of
this
section signed by the child, the child's parents, legal
guardian, or custodian, and any authority or person that is to
supervise, control, and provide supportive assistance to the child
at the time of the child's release pursuant to division (C) of
this section; (4) Prior to the child's release, file a copy of the
treatment plan
prepared pursuant to division (E)(1) of this
section with the
committing court and the juvenile court of the
county in which
the child is to be placed. (F) The department of youth services shall file a written
progress report with the committing court regarding each child
released
pursuant to division (C) of this section at least
once
every thirty days unless specifically directed otherwise by the
court.
The report shall
indicate the treatment and rehabilitative
progress of the child and the
child's family, if
applicable, and
shall include any suggestions for altering the
program, custody,
living arrangements, or treatment. The
department shall retain
legal custody of a child so released until
it discharges the child
or until the custody is terminated as
otherwise provided by law. (G)
When a child is committed to the legal custody of the
department of youth services, the court retains jurisdiction to
perform
the functions specified in section 5139.51 of the Revised
Code
with respect to the granting of supervised release by the
release
authority and to perform the functions specified in
section 5139.52 of
the Revised Code with respect to violations of
the
conditions of supervised release granted by the release
authority and to the
revocation of supervised release granted by
the
release authority.
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.
The parents, guardian, or other
custodian of any child affected, if
they are living, or the
nearest of kin of the child, if the
parents are deceased, may
inspect these records, either in person
or by counsel, during the
hours in which the court is open. Division
(A)(1) of this section
does not require the release or authorize
the inspection of arrest
or incident reports, law enforcement
investigatory reports or
records, or witness statements. (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
2152.19 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.
Sec. 2152.82. (A)
If
The court that adjudicates a child
is
adjudicated a delinquent
child
for committing on or after
the
effective date of this
section a sexually oriented offense, the
juvenile court judge who
adjudicates the child a delinquent child
shall issue
as part of the dispositional order an order that
classifies the child a juvenile sex offender registrant and
specifies that the child has a duty to register under section
2950.04 of the Revised Code if
the delinquent
all of the following
apply:
(1) The act for which the child is adjudicated a delinquent
child is a sexually oriented offense that the child committed on
or after January 1, 2002.
(2) The child was fourteen,
fifteen, sixteen, or seventeen
years of
age at the time of
committing the offense, and the
delinquent. (3) The court has determined that the
child previously was
convicted of, pleaded guilty to, or was
adjudicated a delinquent
child for committing
any sexually
oriented offense, regardless of
when the prior
offense was
committed and regardless of the
delinquent child's age
at the time
of committing the offense. (B) An order required under division (A)
of this section
shall be issued
at the time the judge makes
the orders of
disposition for the
delinquent child. Prior to issuing the order
required by division (A) of this section,
the judge shall
conduct
the hearing and make the determinations
required by, and
otherwise
comply with, divisions
division (B)
and
(E) of
section 2950.09 of
the Revised Code
to determine if the
child is to be classified a
sexual predator, shall make the
determinations required by
division (E) of that section to
determine if the child is to be
classified a habitual sex
offender, and shall otherwise comply
with those divisions. When a
judge issues an order
under division
(A) of this section, all of
the following apply: (1) The judge shall include in the order any determination
that the delinquent child is a sexual predator or is a habitual
sex offender that the judge makes pursuant to division (B) or (E)
of section 2950.09 of the Revised Code and any related information
required or authorized under the division under which the
determination is made, including, but not limited to, any
requirement imposed by the court subjecting a child who is a
habitual sex offender to community notification provisions as
described in division (E) of that section. (2) The judge shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense upon which the order is
based, a hearing will be conducted, and the order and any
determinations included in the order are subject to
modification
or termination
pursuant to sections 2152.84 and 2152.85 of the
Revised Code. (3) The judge shall provide a copy of the order to the
delinquent child and to the delinquent child's parent, guardian,
or custodian, as part of the notice provided under divisions (A)
and (B) of section 2950.03 of the Revised Code. (4) The judge shall include the order in the delinquent
child's dispositional order and shall specify in the dispositional
order that the order issued under division (A) of this
section was
made pursuant to this section. (C) An order issued under division (A) of this
section and
any determinations included in the order shall remain in effect
for
the period of time specified in
section 2950.07 of the Revised
Code, subject to a modification or
termination of the order under
section 2152.84 or 2152.85 of the
Revised Code. If an order is
issued under division (A) of
this section, the child's attainment
of eighteen or twenty-one
years of age does not affect or
terminate the order, and the order
remains in effect for the
period of time described in this
division.
Sec. 2152.83. (A)
If a
(1) The court that adjudicates a
child a delinquent child shall issue as part of the dispositional
order or, if the court commits the child for the delinquent act to
the custody of a secure facility, shall issue at the time of the
child's release from the secure facility, an order that classifies
the child a juvenile sex offender registrant and specifies that
the child has a duty to register under section 2950.04 of the
Revised Code if all of the following apply:
(a) The act for which the child is
or was adjudicated a
delinquent
child
for committing on or after
the effective date of
this
section
is a sexually oriented offense, if the
that the child
committed on or after January 1, 2002.
(b) The child was sixteen or
seventeen years of age at the
time of committing the offense, and
if the juvenile. (c) The court
judge was not required to classify the child
a
juvenile sex offender registrant under section 2152.82 of the
Revised Code, upon the child's discharge or release from a secure
facility or at the time of disposition if the judge does not
commit the child to the custody of a secure facility, the juvenile
court judge who adjudicated the child a delinquent child, or that
judge's successor in office, shall issue an order that classifies
the child a juvenile sex offender registrant and specifies that
the child has a duty to register under section 2950.04 of the
Revised Code.
Prior (2) Prior to issuing the order
required by division (A)(2) of
this section, the judge shall conduct
the hearing and make the
determinations required by, and otherwise
comply with, divisions
division (B)
and (E) of section 2950.09 of the
Revised Code
to
determine if the child is to be classified as a sexual predator,
shall make the determinations required by division (E) of that
section to determine if the child is to be classified as a
habitual sex offender, and shall otherwise comply with those
divisions. When a judge issues an order under division (A)(1) of
this section, the judge shall include in the order
any
determination that the delinquent child is a sexual predator or is
a habitual sex offender that the judge makes pursuant to division
(B) or (E) of section 2950.09 of the Revised Code and any related
information required or authorized under the division under which
the determination is made, including, but not limited to, any
requirement imposed by the court subjecting a child who is a
habitual sex offender to community notification provisions as
described in division (E) of that section
all of the
determinations and information identified in division (B)(1) of
section 2152.82 of the Revised Code that are relevant.
(B)
If a
(1) The court that adjudicates a child a delinquent
child, on the judge's own motion, may conduct at the time of
disposition of the child or, if the court commits the child for
the delinquent act to the custody of a secure facility, may
conduct at the time of the child's release from the secure
facility, a hearing for the purposes described in division (B)(2)
of this section if all of the following apply:
(a) The act for which the child is adjudicated a delinquent
child
for
committing on or after
the effective date of this
section
is a
sexually oriented offense, if the delinquent
that the
child committed on or after January 1, 2002.
(b) The child was fourteen or
fifteen years of age at the
time of committing the offense, and if
the juvenile. (c) The court
judge was not required to classify the child a
juvenile sex offender registrant under section 2152.82 of the
Revised Code, upon the child's discharge or release from a secure
facility or at the time of disposition if the judge does not
commit the child to the custody of a secure facility, the juvenile
court judge who adjudicated the child a delinquent child, or that
judge's successor in office, may, on the judge's own motion,
conduct a hearing. (2) A judge shall conduct a hearing under division (B)(1) of
this section
to review the effectiveness of the disposition
made
of the child
and of any treatment provided for
a
the child placed
in a secure
setting and to determine whether the child should be
classified a
juvenile sex offender registrant. The judge may
conduct the
hearing on the judge's own initiative or based upon a
recommendation of an officer or employee of the department of
youth services, a probation officer, an employee of the court, or
a prosecutor or law enforcement officer. If the judge conducts
the hearing, upon completion of the hearing, the judge, in the
judge's discretion and after consideration of the factors listed
in division (E) of this section, shall do either of the following:
(1)(a) Decline to issue an order that classifies the child a
juvenile sex offender registrant and specifies that the child has
a duty to register under section 2950.04 of the Revised Code;
(2)(b) Issue an order that classifies the child a juvenile
sex
offender registrant and specifies that the child has a duty to
register under section 2950.04 of the Revised Code and, if the
judge determines as described in division (C) of this section that
the child is a sexual predator or a habitual sex offender, include
in the order a statement that the judge has determined that the
child is a sexual predator or a habitual sex offender, whichever
is applicable.
(C) A judge may issue an order under division (B) of this
section that contains a determination that a delinquent child is a
sexual predator only if the judge, in accordance with the
procedures specified in division (B) of section 2950.09 of the
Revised Code, determines at the hearing by clear and convincing
evidence that the child is a sexual predator. A judge may issue
an order under division (B) of this section that contains a
determination that a delinquent child is a habitual sex offender
only if the judge
determines at the hearing
determines as
described in
division (E) of section 2950.09 of the Revised Code
that the child
is a habitual sex offender. If the judge issues an
order under
division (B) of this section that contains a
determination that a
delinquent child is a habitual sex offender,
the judge may impose
a requirement subjecting the child to
community notification
provisions as described in division (E) of
section 2950.09 of the
Revised Code.
(D) If a judge issues an order under division (A) or (B) of
this section, the judge shall provide to the delinquent child and
to the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of the Revised Code. The
judge shall provide the notice at the time of the issuance of the
order, shall provide the notice as described in division (B)(1)(c)
of that section, and shall comply with divisions (B)(1), (B)(2),
and (C) of that section regarding that notice.
The judge also shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense upon which the order is
based, a hearing will be conducted and the order is subject to
modification or termination pursuant to section 2152.84 of the
Revised Code.
(E) In making a decision under division (B) of this section
as to whether a delinquent child should be classified a juvenile
sex offender registrant and, if so, whether the child also is a
sexual predator or a habitual sex offender, a judge shall consider
all relevant factors, including, but not limited to, all of the
following:
(1) The nature of the sexually oriented offense committed by
the child;
(2) Whether the child has shown any genuine remorse or
compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (B)(3) of section
2950.09 of the Revised Code;
(5) The factors set forth in divisions (B) and (C) of
section
2929.12 of the Revised Code as those factors apply
regarding the
delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and
of
any follow-up professional assessment of the child.
(F) An order issued under division (A) or (B) of this
section
shall remain in effect for the period of time specified in
section
2950.07 of the Revised Code, subject to a modification or
termination of the order under section 2152.84 of the Revised
Code. The child's attainment of eighteen or twenty-one years of
age does not affect or terminate the order, and the order remains
in effect for the period of time described in this division.
(G) As used in the section, "secure facility" has the same
meaning as in section 2950.01 of the Revised Code.
Sec. 2152.84.
(A)(1) When a juvenile court judge issues an
order under section 2152.82 or division (A) or (B) of section
2152.83 of the Revised
Code that classifies a delinquent child a
juvenile sex offender
registrant and specifies that the child has
a duty to register
under section 2950.04 of the Revised Code, upon
completion of the
disposition of that
delinquent child
that the
judge made for the
sexually oriented offense on which the juvenile
sex offender
registrant order was based, the judge or the judge's
successor in
office shall conduct a hearing to
do all of the
following: (a) Review
review the effectiveness of the disposition and
of any
treatment provided for the child;
(b) If the order also contains a determination that the
delinquent child is a sexual predator or habitual sex offender
that the court made pursuant
to division (B) or (E) of section
2950.09 of the Revised Code, determine
whether the classification
of the child as a sexual predator, habitual sex offender, or
juvenile sex offender registrant should be continued or modified
or,
regarding an order issued under division (B) of section
2152.83
of the Revised Code, terminated;
(c) If the order was issued under division (B) of section
2152.83 of the Revised Code and does not contain a sexual
predator
determination that the court
makes as
described in division
(A)(1)(b) of this section,
to determine the risks that the child
might re-offend, and to
determine whether
the
prior classification
of
the child as a juvenile
sex offender
registrant
and, if
applicable, as a sexual predator or habitual sex offender should
be
continued, modified, or
terminated
as provided under division
(A)(2) of this section.
(2) Upon completion of a hearing under division (A)(1) of
this section, the judge, in the judge's discretion and after
consideration of the factors listed in division (E) of
this
section
2152.83 of the Revised Code, shall do one of the
following, as applicable: (a) Enter an order that continues the classification of the
delinquent child made in the
prior order issued under section
2152.82 or
division (A) or
(B) of section 2152.83 of the Revised
Code, and
any sexual
predator or habitual sex offender
determination
included in the
order; (b) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and includes a
determination by the
judge that the delinquent child is a sexual
predator, enter an
order that contains a determination that the
delinquent child no
longer is a sexual predator and that also
contains either a
determination that the delinquent child is a
habitual sex offender
or a determination that the delinquent child
remains a juvenile
sex offender registrant but is not a sexual
predator or habitual
sex offender; (c) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and does not
include a sexual
predator
determination as described in division
(A)(2)(b) of this
section
but includes a determination by the
judge that the
delinquent
child is a habitual sex offender, enter
an order that
contains a
determination that the delinquent child
no longer is a
habitual
sex offender and that also contains a
determination that
the
delinquent child remains a juvenile sex
offender registrant
but is
not a habitual sex offender; (d) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and includes a determination
by the
judge that the delinquent child is a sexual predator, enter
an
order that contains a determination that the delinquent child
no
longer is a sexual predator and that also contains a
determination
that the delinquent child is a habitual sex
offender, a
determination that the delinquent child remains a
juvenile sex
offender registrant but is not a sexual predator or
habitual sex
offender, or a determination that specifies that the
delinquent
child no longer is a juvenile sex offender registrant
and no
longer has a duty to register under section 2950.04 of the
Revised
Code; (e) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and does not include a sexual
predator
determination as described in division (A)(2)(d) of this
section
but includes a determination by the judge that the
delinquent
child is a habitual sex offender, enter an order that
contains a
determination that the child no longer is a habitual
sex offender
and that also contains either a determination that
the child
remains a juvenile sex offender registrant but is not a
sexual
predator or habitual sex offender or a determination that
specifies that the child no longer is a juvenile sex offender
registrant and no longer has a duty to register under section
2950.04 of the Revised Code; (f) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and
the order does not include
a
sexual
predator determination or a habitual sex offender
determination as
described in divisions (A)(2)(d) and (e) of this
section, enter an order
that contains a
determination that the
delinquent child no longer
is a juvenile
sex offender registrant
and no longer has a duty to
register under
section 2950.04 of the
Revised Code. (B) If a judge issues an order under division (A)(2)(a) of
this section that continues the prior classification of the
delinquent child as a juvenile sex offender registrant and any
sexual predator or habitual sex offender determination included in
the order, the prior classification and the prior determination,
if applicable, shall remain in effect. A judge may issue an order under division (A)(2) of this
section that contains a determination that a child no longer is a
sexual predator only if the judge, in accordance with the
procedures specified in division (D)(1) of section 2950.09 of the
Revised Code, determines at the hearing by clear and convincing
evidence that the delinquent child is unlikely to commit a
sexually oriented offense in the future. If the judge issues an
order of that type, the judge shall provide the notifications
described in division (D)(1) of section 2950.09 of the Revised
Code, and the recipient of the notification shall comply with the
provisions of that division.
If a judge issues an order under division (A)(2) of this
section that otherwise reclassifies the delinquent child, the
judge shall provide a copy of the order to the bureau of criminal
identification and investigation, and the bureau, upon receipt of
the copy of the order, promptly shall notify the sheriff with whom
the child most recently registered under section 2950.04 of the
Revised Code of the reclassification. (C) If a judge issues an order under any provision of
division (A)(2) of this section, the judge shall provide
to the
delinquent child and to the delinquent child's parent,
guardian,
or custodian a copy of the order and a notice containing
the
information described in divisions (A) and
(B) of section 2950.03
of the Revised Code. The judge shall
provide the notice at the
time of the issuance of the order, shall
provide the notice as
described in division (B)(1)(c) of that
section, and shall comply
with divisions (B)(1), (B)(2),
and (C)
of that section regarding
that notice. (D) In making a decision under division (A) of this section,
a judge shall consider all
relevant factors, including,
but not
limited to,
the factors listed in division (E) of section 2152.83
of
the Revised Code. (E) An order issued under division (A)(2) of this
section
and any determinations included in the order shall remain in
effect for the period of time specified in
section 2950.07 of the
Revised Code, subject to a modification or
termination of the
order under section 2152.85 of the Revised
Code. If an order is
issued under division (A)(2) of
this section, the child's
attainment of eighteen or twenty-one
years of age does not affect
or terminate the order, and the order
remains in effect for the
period of time described in this
division.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and
successors, shall have the same qualifications, exercise
the same
powers and jurisdiction, and receive the same
compensation as
other judges of the court of common pleas of
Franklin county and
shall be elected and designated as judges of
the court of common
pleas, division of domestic relations. They
shall have all the
powers relating to juvenile courts, and all
cases under
Chapters 2151. and 2152. of the Revised Code,
all
parentage proceedings under
Chapter 3111. of the Revised Code over
which the juvenile court
has jurisdiction, and all divorce,
dissolution of marriage, legal
separation, and annulment cases
shall be assigned to them. In
addition to the judge's regular
duties, the judge who is
senior in point
of service shall serve on
the children services board and the
county advisory board and
shall be the administrator of the
domestic relations division and
its subdivisions and departments. (1) The judge of the court of
common pleas, whose term
begins on January 1, 1957, and
successors, and the judge of the
court of common pleas, whose
term begins on February 14, 1967, and
successors, shall be the
juvenile judges as provided in Chapters
2151.
and 2152. of the Revised Code,
with the powers and
jurisdiction conferred by those
chapters. (2) The judges of the court of common pleas whose terms
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the
court
of common pleas, division of domestic relations, and shall
have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an
administrative judge for the
division before the first day of
August, a majority of the judges
of the Hamilton
county court of common pleas, as soon as possible
after that
date, shall elect one of the judges of the division of
domestic
relations as administrative judge of that division. The
term of
the administrative judge shall begin on the earlier of the
first
day of August of the year in which the administrative judge
is elected or
the date on which the administrative judge is
elected by a
majority of the
judges of the Hamilton
county court
of common pleas and shall terminate on the date on
which the
administrative judge's successor is elected in the
following
year. In addition to the judge's regular duties, the
administrative
judge
of the division of domestic relations shall be the
administrator
of the domestic relations division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
including any
referees considered necessary by the judges in the
discharge of
their various duties. The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce,
dissolution
of marriage, legal separation, and annulment cases
and counseling
and conciliation services that may be made
available to persons
requesting them, whether or not the persons
are parties to an
action pending in the division. The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses
of
the division of domestic relations, including reasonable
expenses
of the domestic relations judges and the division
counselors and
other employees designated to conduct the
handling, servicing, and
investigation of divorce, dissolution of
marriage, legal
separation, and annulment cases, conciliation and
counseling, and
all matters relating to those cases and
counseling, and the
expenses involved in the attendance of
division personnel at
domestic relations and welfare conferences
designated by the
division, and the further sum each year as will
provide for the
adequate operation of the division of domestic
relations. The compensation and expenses of all employees and the
salary
and expenses of the judges shall be paid by the county
treasurer
from the money appropriated for the operation of the
division,
upon the warrant of the county auditor, certified to by
the
administrative judge of the division of domestic relations. The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the
costs
in the case involved. (3) The judge of the court of common pleas of
Hamilton
county whose term begins on
January 3, 1997, shall be
elected and
designated for one term only as the drug court judge
of the court
of common
pleas of
Hamilton
county, and the
successors to that
judge shall be elected
and designated as judges
of the general
division of the court of common pleas
of Hamilton
county and shall
not have the
authority granted by division (B)(3)
of this
section.
The drug court judge may accept or reject any
case referred to the
drug court judge under division (B)(3) of
this
section. After the
drug court judge accepts a referred case,
the drug court
judge has
full authority over the case, including
the authority to
conduct
arraignment, accept pleas, enter findings
and dispositions,
conduct
trials, order treatment, and if
treatment is not
successfully completed
pronounce and enter
sentence.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the
Hamilton
county municipal
court may refer to
the drug court judge any case,
and any
companion cases, the judge determines
meet the criteria
described
under divisions
(B)(3)(a) and
(b) of this section. If
the drug
court judge accepts
referral of a referred case, the
case, and any
companion cases, shall be
transferred
to the drug
court judge. A
judge may refer a case meeting the criteria
described in divisions
(B)(3)(a)
and (b) of this section that
involves a violation of
a
term of probation to the drug court
judge, and, if the drug court
judge
accepts
the referral, the
referring judge and the drug court
judge have
concurrent
jurisdiction over the case. A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the Hamilton
county municipal
court may refer a case to the drug court judge
under division
(B)(3)
of this section if the judge determines that
both of the
following apply: (a) One of the following applies: (i) The case involves a drug abuse offense, as defined in
section
2925.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor. (ii) The case involves a theft offense, as defined in
section
2913.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor,
and the defendant is drug or alcohol
dependent or in danger of
becoming drug or alcohol dependent and would benefit
from
treatment. (b) All of the following apply: (i) The case involves a probationable offense or a case in
which
a mandatory prison term is not required to be imposed. (ii) The defendant has no history of violent behavior. (iii) The defendant has no history of mental illness. (iv) The defendant's current or past behavior, or both, is
drug
or alcohol driven. (v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process. (vi) The defendant has no acute health condition. (vii) If the defendant is incarcerated, the county
prosecutor
approves of the referral. (4) If the administrative judge of the court of common pleas
of
Hamilton county determines that the volume of cases pending
before
the drug court judge does not constitute a sufficient
caseload for the drug
court judge, the administrative judge, in
accordance with the Rules
of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the
general docket of the court. If the assignments so occur, the
administrative
judge shall cease the assignments when the
administrative judge determines
that the volume of cases pending
before the drug court judge constitutes a
sufficient caseload for
the drug court judge. (C) In Lorain county, the judges of the court of common
pleas whose terms begin on January 3, 1959, January 4, 1989, and
January 2, 1999,
and successors, shall have the same
qualifications, exercise the
same powers and jurisdiction, and
receive the same compensation
as the other judges of the court of
common pleas of Lorain county
and shall be elected and designated
as the judges of the court of
common pleas, division of domestic
relations. They shall have
all of the powers relating to juvenile
courts, and all cases
under Chapters 2151. and 2152.
of the
Revised Code, all parentage
proceedings over which the juvenile
court has jurisdiction, and
all divorce, dissolution of marriage,
legal separation, and
annulment cases shall be assigned to them,
except cases
that for some special reason are assigned to some
other judge of
the court of common pleas. (1) The judges of the court of common
pleas whose terms
begin on January 1, 1955, and January 3, 1965,
and successors,
shall have the same qualifications, exercise the
same powers and
jurisdiction, and receive the same compensation
as other judges of
the court of common pleas of Lucas county and
shall be elected and
designated as judges of the court of common
pleas, division of
domestic relations. All divorce, dissolution
of marriage, legal
separation, and annulment cases shall be
assigned to them. The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of
all
other personnel of the domestic relations division. (2) The judges of the court of common pleas whose terms
begin on January 5, 1977, and January 2, 1991, and successors
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Lucas county, shall be elected
and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in
Chapters 2151. and 2152. of the Revised Code
with the powers and
jurisdictions
conferred by those chapters. In addition to the
judge's
regular duties,
the judge of the court of common pleas,
juvenile division, senior
in point of service, shall be the
administrator of the juvenile
division and its subdivisions and
departments and shall have
charge of the employment, assignment,
and supervision of the
personnel of the division engaged in
handling, servicing, or
investigating juvenile cases, including
any referees considered
necessary by the judges of the division in
the discharge of their
various duties. The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the
duties
of the personnel of the division. The duties of the
personnel, in
addition to other statutory duties include the
handling,
servicing, and investigation of juvenile cases and
counseling and
conciliation services that may be made available
to persons
requesting them, whether or not the persons are
parties to an
action pending in the division. (3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in
that
judge's division necessitates it, the duties shall be performed by
the
judges of
the other of those divisions. (1) The judge of the court of
common pleas whose term began
on January 1, 1955, and successors,
shall have the same
qualifications, exercise the same powers and
jurisdiction, and
receive the same compensation as other judges
of the court of
common pleas of Mahoning county, shall be elected
and designated
as judge of the court of common pleas, division of
domestic
relations, and shall be assigned all
the
divorce, dissolution of
marriage, legal separation, and annulment
cases coming before the
court. In addition to the judge's
regular duties, the judge of
the court of common pleas, division of
domestic relations, shall
be the administrator of the domestic
relations division and its
subdivisions and departments and shall
have charge of the
employment, assignment, and supervision of the
personnel of the
division engaged in handling, servicing, or
investigating divorce,
dissolution of marriage, legal separation,
and annulment cases,
including any referees considered necessary
in the discharge of
the various duties of the judge's
office. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division. (2) The judge of the court of common pleas whose term
began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall
be the juvenile judge as provided in Chapters
2151. and
2152. of the Revised
Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties,
the
judge of the
court of common pleas, juvenile division,
shall be the
administrator of the juvenile division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating juvenile
cases, including
any referees considered necessary by the judge in
the discharge
of the judge's various duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the
volume of
cases
pending in that judge's division necessitates it,
that
judge's duties shall be performed by
another judge of the court of
common pleas. (F) In Montgomery county: (1) The judges of the court of
common pleas whose terms
begin on January 2, 1953, and January 4,
1977, and successors,
shall have the same qualifications,
exercise the same powers and
jurisdiction, and receive the same
compensation as other judges of
the court of common pleas of
Montgomery county and shall be
elected and designated as judges
of the court of common pleas,
division of domestic relations.
These judges shall have assigned
to them all divorce, dissolution
of marriage, legal separation,
and annulment cases. The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
assignment
and division of the work of the division and shall
have charge of
the employment and supervision of the personnel of
the division
engaged in handling, servicing, or investigating
divorce,
dissolution of marriage, legal separation, and annulment
cases,
including any necessary referees, except those employees
who may
be appointed by the judge, junior in point of service,
under this
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised
Code. The judge of the division of domestic
relations, senior in
point of service, also shall designate the
title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. (2) The judges of the court of common pleas whose terms
begin on January 1, 1953, and January 1, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Montgomery county, shall be
elected
and designated as judges of the court of common pleas,
juvenile
division, and shall be, and have the powers and
jurisdiction of,
the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code. In addition to the judge's regular duties, the judge of the
court
of common pleas, juvenile division, senior in point of
service,
shall be the administrator of the juvenile division and
its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence,
and vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division. If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of
common
pleas, juvenile division, is sick, absent, or unable to
perform
that judge's duties or the volume of cases pending
in
that judge's
division necessitates it, the duties of that
judge may be
performed by the
judge or judges of the other of those divisions. (G) In Richland county, the judge of the court of common
pleas whose term begins on January 1, 1957, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Richland county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. That judge shall have all of
the
powers
relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of
the Revised Code, all parentage proceedings
over which the
juvenile court has jurisdiction, and all divorce,
dissolution of
marriage, legal separation, and annulment cases
shall be assigned
to that judge, except in cases that for some
special reason
are assigned
to some other judge of the court of
common pleas. (H) In Stark county, the judges of the court of common
pleas
whose terms begin on January 1, 1953, January 2, 1959, and
January
1, 1993, and successors, shall have the same
qualifications,
exercise the same powers and jurisdiction, and
receive the same
compensation as other judges of the court of
common pleas of Stark
county and shall be elected and designated
as judges of the court
of common pleas, division of domestic
relations. They shall have
all the powers relating to juvenile
courts, and all cases under
Chapters 2151.
and 2152. of the Revised Code,
all parentage
proceedings over which the juvenile court has
jurisdiction, and
all divorce, dissolution of marriage, legal
separation, and
annulment cases, except cases that are assigned
to some other
judge of the court of common pleas for some special
reason, shall
be assigned to the judges. The judge of the division of domestic relations, second
most
senior in point of service, shall have charge of the
employment
and supervision of the personnel of the division
engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
and necessary
referees required for the judge's respective
court. The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who
may be
appointed by the judge second most senior in point of
service. The senior
judge further shall serve in every
other
position in which the statutes permit or require a
juvenile judge
to serve. (1) The judges of the court of common pleas whose terms
begin on January 4, 1967, and January 6, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Summit county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them and hear all
divorce,
dissolution of marriage, legal separation, and annulment
cases
that come before the court.
Except in cases that are subject to
the exclusive original
jurisdiction of the juvenile court, the
judges of the division of
domestic relations shall have assigned
to them and hear all cases
pertaining to paternity, custody,
visitation, child support, or
the allocation of parental rights
and responsibilities for the
care of children and all post-decree
proceedings arising from any
case pertaining to any of those
matters. The judges of the division of
domestic relations shall
have assigned to them and hear all
proceedings under the uniform
interstate family support act
contained in Chapter 3115. of the
Revised Code. The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and
of any counseling and conciliation services that are
available
upon request to all persons, whether or not they are
parties to an
action pending in the division. (2) The judge of the court of common pleas whose term
begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as
provided in Chapters 2151. and
2152. of the Revised Code.
Except
in cases that are subject to the exclusive original
jurisdiction
of the juvenile court, the judge of the juvenile division
shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child
support, or the allocation of parental rights and
responsibilities
for the care of children or any post-decree
proceeding arising
from any case pertaining to any of those
matters. The judge of the juvenile
division shall not have
jurisdiction or the power to hear, and
shall not be assigned, any
proceeding under the uniform interstate
family support act
contained in Chapter 3115. of the Revised Code. The juvenile judge shall be the administrator of the
juvenile
division and its subdivisions and departments and shall
have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or
investigating
juvenile cases. The judge also shall designate the
title,
compensation, expense allowances, hours, leaves of
absence, and
vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division. (J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Trumbull county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of the
Revised Code, all parentage proceedings
over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas. (1) The judges of the court of common pleas whose terms
begin on January 1, 1957, and January 4, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Butler county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them all divorce,
dissolution of
marriage, legal separation, and annulment cases
coming before the
court, except in cases that for some special
reason are assigned
to some other judge of the court of common
pleas. The judge
senior in point of service shall be charged
with the assignment
and division of the work of the division and
with the employment
and supervision of all other personnel of the
domestic relations
division. The judge senior in point of service also shall designate
the
title, compensation, expense allowances, hours, leaves of
absence,
and vacations of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (2) The
judges of the court of common pleas whose
terms
begin
on January 3, 1987,
and January 2, 2003, and
successors,
shall have the same
qualifications, exercise the same
powers and
jurisdiction, and
receive the same compensation as
other judges of
the court of
common pleas of Butler county, shall
be elected and
designated as
judges of the court of common
pleas, juvenile
division, and shall
be the juvenile
judges
as provided in
Chapters
2151. and 2152. of
the Revised
Code, with
the powers and
jurisdictions conferred by
those chapters. The
judge of the court
of common pleas,
juvenile
division,
who is
senior in point of
service, shall be the administrator of the
juvenile division and
its subdivisions and departments. The
judge, senior in point of
service, shall have charge of
the
employment, assignment, and
supervision of the personnel of
the
juvenile division who are
engaged in handling, servicing, or
investigating juvenile cases,
including any referees whom the
judge considers necessary for the
discharge of the judge's
various
duties. The judge, senior in point of service, also shall designate
the title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. The duties
of the personnel, in addition to
other statutory duties, include
the handling, servicing, and
investigation of juvenile cases and
providing any counseling and
conciliation services that the
division makes available to
persons, whether or not the persons
are parties to an action
pending in the division, who request the
services. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions. (L)(1) In Cuyahoga county, the judges of the court of
common
pleas whose terms begin on January 8, 1961, January 9,
1961,
January 18, 1975, January 19, 1975, and January 13, 1987,
and
successors, shall have the same qualifications, exercise the
same
powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Cuyahoga county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to all divorce, dissolution of marriage,
legal
separation, and annulment cases, except in cases that are
assigned
to some other judge of the court of common pleas for
some special
reason. (2) The administrative judge is administrator of the
domestic relations division and its subdivisions and departments
and has the following powers concerning division personnel: (a) Full charge of the employment, assignment, and
supervision; (b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations. (3)
"Division personnel" include persons employed or
referees
engaged in hearing, servicing, investigating,
counseling,
or
conciliating divorce, dissolution of marriage,
legal separation
and annulment matters. (1) The judge of the court of common pleas whose term
begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated
as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (2) The judge of the court of common pleas whose term
begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters
2151. and 2152. of
the Revised
Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various
duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions. (N) In Erie county, the judge of the court of common pleas
whose term begins on January 2, 1971, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judge
of the court of common pleas of Erie county and shall be
elected
and designated as judge of the court of common pleas,
division of
domestic relations. The judge shall have all the
powers relating
to juvenile courts, and shall be assigned all cases
under
Chapters
2151. and 2152. of the
Revised Code, parentage
proceedings over
which the
juvenile
court has jurisdiction, and
divorce,
dissolution of marriage,
legal separation, and annulment
cases,
except cases that for some special
reason are assigned to
some
other judge. (1) The judge of the court of common pleas whose term
begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
divorce, dissolution
of marriage, legal separation, annulment, uniform
reciprocal
support enforcement, and domestic violence cases and
all other
cases related to domestic relations, except cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the
division. The judge
also shall designate the title,
compensation,
hours, leaves of
absence, and vacations of the personnel of the
division and shall
fix their duties. The duties of the personnel
of the division, in
addition to other statutory duties, shall
include the handling,
servicing, and investigation of divorce,
dissolution of marriage,
legal separation, and annulment cases
and the provision of
counseling and conciliation services that
the division considers
necessary and makes available to persons
who request the services,
whether or not the persons are parties
in an action pending in the
division. The compensation for the
personnel shall be paid from
the overall court budget and shall
be included in the
appropriations for the existing judges of the
general division of
the court of common pleas. (2) The judge of the court of common pleas whose term
begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code with the powers and
jurisdiction conferred by those chapters. The
judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are
parties
to an action pending in the court, who request the
services. (3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general
division
necessitates it, the duties of that judge of the
general division
shall be performed by the judge of the division
of domestic
relations and the judge of the juvenile division. (P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (R) In Warren county, the judge of the court of common
pleas, whose term begins January 1, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Warren county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (S) In Licking county, the judge of the court of common
pleas, whose term begins January 1, 1991, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Licking county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (T) In Allen county, the judge of the court of common
pleas,
whose term begins January 1, 1993, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as the other
judges of the court
of common pleas of Allen county and shall be
elected and
designated as judge of the court of common pleas,
division of
domestic relations. The judge shall be
assigned all divorce,
dissolution of marriage, legal
separation,
and annulment cases,
all cases arising under Chapter 3111. of the
Revised Code, all
proceedings involving child support, the
allocation of parental
rights and responsibilities for the care
of children and the
designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (U) In Medina county, the judge of the court of common
pleas
whose term begins January 1, 1995, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Medina county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, and visitation, and all
post-decree proceedings
and matters arising from those cases and
proceedings, except in
cases that for some special reason are
assigned to another judge
of the court of common pleas. The
judge shall be charged with the
assignment and division of the
work of the division and with the
employment and supervision of
the personnel of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services. (V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of
common pleas of Fairfield county with respect to and may
hear cases
to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who
is not the ward of
another court of this state, cases that are commenced by a
parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support
for that child when the request for
that order is not ancillary to an action
for divorce, dissolution
of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic violence, an
action for
support under Chapter 3115. of the Revised Code, or an action that
is
within the exclusive original jurisdiction of the
probate-juvenile division of
the court of common pleas of
Fairfield county and that involves an
allegation that the child is
an abused, neglected, or dependent child, and
post-decree
proceedings and matters arising from those types of cases. The judge of the domestic relations division shall be charged
with the
assignment and division of the
work of the division and
with the employment and supervision of
the personnel of the
division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services.
When
the judge hears a case to determine the custody of a child, as
defined
in section 2151.011 of the Revised Code, who is not the
ward of another court
of this state or a case that is commenced by
a parent, guardian, or custodian
of a child, as defined in section
2151.011 of the Revised Code, to obtain an
order requiring a
parent of the child to pay child support for that child when
the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic
violence, an action for support
under Chapter 3115. of the Revised
Code, or an action that is within the
exclusive original
jurisdiction of the probate-juvenile division of the court
of
common pleas of Fairfield county and that
involves an allegation
that the
child is an abused, neglected, or dependent child, the
duties of the personnel
of the domestic relations division also
include the handling, servicing, and
investigation of those types
of cases. (W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Clark county and shall be elected
and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating
to juvenile courts, and all cases under
Chapters 2151. and 2152.
of the Revised
Code and all parentage proceedings under Chapter
3111. of the
Revised Code over which the juvenile court has
jurisdiction shall
be assigned to the judge of the division of
domestic relations. All divorce,
dissolution of marriage, legal
separation,
annulment, uniform reciprocal support enforcement, and
other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division. (2) In addition to the judge's regular duties, the judge of
the
division of domestic relations shall serve on the children
services board and the county advisory board. (3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or
unable
to perform that judge's judicial duties or if the
presiding
judge
of the
court of common pleas of Clark county determines that the
volume
of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the
general
division or probate division of the court of common pleas
of Clark
county, as assigned for that purpose by the presiding
judge of
that court, and the judges so assigned shall act in
conjunction
with the judge of the division of domestic relations
of that
court. (X) In Scioto county, the judge of the court of common
pleas
whose term begins January 2, 1995, and
successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Scioto county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, visitation, and all post-decree
proceedings and
matters arising from those cases and proceedings,
except in cases
that for some special reason are assigned to
another judge of the
court of common pleas. The judge shall be
charged with the
assignment and division of the work of the
division and with the
employment and supervision of the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services. (Y) In Auglaize county, the judge of the probate and
juvenile divisions of the Auglaize county court of common pleas
also shall be the administrative judge of the domestic relations
division of the court and shall be assigned
all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court. The judge shall have all powers as
administrator of the domestic relations division and shall have
charge of the personnel engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation,
and annulment cases, including any referees considered necessary
for the discharge of the judge's various duties. (Z)(1) In Marion county, the judge of the court of
common
pleas whose term begins on February 9,
1999, and the successors to
that judge, shall have the same qualifications,
exercise the same
powers and jurisdiction, and receive the same compensation
as the
other judges of the court of common pleas of
Marion county and
shall be elected and
designated as judge of the court of common
pleas, domestic
relations-juvenile-probate division. Except as
otherwise specified in this
division, that judge, and the
successors to that judge, shall have all the
powers relating to
juvenile courts, and all cases under
Chapters 2151. and 2152. of
the
Revised Code,
all cases arising under Chapter 3111. of the
Revised Code,
all divorce, dissolution of marriage, legal
separation, and annulment cases,
all proceedings involving child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for the children
of a
place of residence and legal custodian, parenting time, and
visitation, and all
post-decree proceedings and matters arising
from those cases and
proceedings
shall be assigned to that judge
and the successors to
that judge. Except as
provided in division
(Z)(2) of this section
and notwithstanding any other provision of
any section of the
Revised Code, on and after February 9, 2003,
the judge of
the
court of common pleas of Marion county
whose term
begins on
February 9, 1999, and the
successors to that judge,
shall have all
the powers relating to the probate
division of the
court of common
pleas of
Marion county in addition to the powers
previously
specified in this division, and shall exercise
concurrent
jurisdiction with the judge of the probate division of
that court
over all
matters that are within the jurisdiction of
the probate
division of that court
under Chapter 2101., and other
provisions,
of
the Revised Code in addition to the jurisdiction of
the
domestic relations-juvenile-probate division of that court
otherwise specified
in division (Z)(1) of this section. (2) The judge of the domestic relations-juvenile-probate
division of the
court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is
senior in total length
of service on the court of common pleas of
Marion county,
regardless of the division or
divisions of service, shall serve as
the clerk of the probate division of the
court of common pleas of
Marion county. (3) On and after February 9, 2003, all
references in law to
"the probate court,"
"the probate judge,"
"the juvenile
court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both
"the probate
division" and
"the domestic relations-juvenile-probate division"
and as being references to both
"the judge of the probate
division" and
"the
judge of the domestic relations-
juvenile-probate division." On and after
February 9, 2003, all
references in law to
"the clerk of the probate court" shall be
construed, with respect to
Marion county, as being references to
the judge who is serving pursuant to
division (Z)(2) of this
section as the clerk of the probate division of the
court of
common pleas of Marion county. (AA)
In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall
have all
of the powers relating to juvenile courts and shall be assigned
and hear
all
cases under Chapter 2151. or 2152. of the Revised
Code, all
parentage proceedings over which the juvenile court has
jurisdiction, all divorce, dissolution of marriage, legal
separation, and annulment cases, all cases arising under Chapter
3111. of the Revised Code, all proceedings involving
and all
proceedings under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code. Except in cases
that are subject to the exclusive original jurisdiction of the
juvenile court, the judge shall be assigned and hear all cases
pertaining to paternity, visitation, child
support, the
allocation
of parental rights and responsibilities
for the care of
children,
and the designation for the children of a
place of residence
and
legal custodian,
and visitation, and all
post-decree
proceedings
and matters arising from
those cases and
proceedings,
except cases
that for some special reason are
assigned to some
other judge of
the court of common pleas
any case pertaining to
any of those
matters. (BB) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending
in the
judge's division necessitates it, the
duties of that judge shall
be performed by another judge
of the court of common pleas of that
county, assigned for that
purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction
with that judge, as the case may require.
Sec. 2927.02. (A) As used in this section and section
2927.021 of the Revised Code: (1)
"Child" has the same meaning as in section 2151.011 of
the Revised Code. (2)
"Cigarette" includes
clove cigarettes and hand-rolled
cigarettes. (3)
"Distribute" means
to furnish, give, or provide
cigarettes, other tobacco products,
or papers used to roll
cigarettes to the ultimate consumer of
the cigarettes, other
tobacco products, or papers used to roll
cigarettes. (4)
"Proof of age" means
a driver's license, a commercial
driver's license, a military
identification card, a passport, or
an identification card issued under
sections 4507.50 to 4507.52 of
the Revised
Code that shows that a person is eighteen years of age
or older. (5)
"Tobacco product"
means any product that is made from
tobacco, including, but not
limited to, a cigarette, a cigar, pipe
tobacco, chewing tobacco,
or snuff. (6)
"Vending machine"
has the same meaning as
"coin machine"
in section
2913.01 of the Revised Code. (B) No manufacturer, producer, distributor,
wholesaler, or
retailer of cigarettes, other tobacco
products, or papers used
to
roll cigarettes, no agent,
employee, or representative of a
manufacturer,
producer, distributor, wholesaler, or retailer of
cigarettes,
other tobacco
products, or papers used to roll
cigarettes, and no other
person shall do any of the following: (1) Give, sell, or otherwise distribute cigarettes,
other
tobacco products, or papers used to roll cigarettes to any
child; (2) Give away, sell, or distribute cigarettes, other
tobacco
products, or papers used to roll cigarettes in any place
that does
not have posted in a
conspicuous place a sign stating
that giving,
selling, or
otherwise distributing cigarettes, other
tobacco
products, or papers used to roll cigarettes to
a person
under
eighteen years of age is prohibited by law; (3) Knowingly furnish any false information regarding the
name, age, or other identification of any child with
purpose to
obtain cigarettes, other tobacco products, or papers
used to roll
cigarettes for that child. (C) No person shall sell or offer to sell cigarettes or
other tobacco products by or from a vending machine, except in the
following locations: (1) An area
within a factory, business, office, or other
place
not
open
to the general public;
(2) An area to which children are
not generally permitted
access; (3) Any other place not identified in
division (C)(1)
or (2)
of this section, upon all of the following conditions: (a) The vending machine is located within the immediate
vicinity, plain view, and control of the person who owns or
operates the place, or an employee of that person, so that
all
cigarettes and other tobacco product purchases from the vending
machine will be readily observed by the person who owns or
operates the place or an employee of that person. For the
purpose of this section, a vending machine located in any
unmonitored area, including an unmonitored coatroom, restroom,
hallway, or outer waiting area, shall not be considered located
within the immediate vicinity, plain view, and control of the
person who owns or operates the place, or an employee of
that
person. (b) The vending machine is inaccessible to the public when
the place is closed. (D) The following are affirmative defenses to a
charge under
division (B)(1)
of this section: (1) The child was accompanied by a parent,
spouse who is
eighteen years of age or older, or legal guardian of the
child. (2) The person who gave, sold, or distributed cigarettes,
other tobacco products, or papers used to roll cigarettes to a
child under division (B)(1) of this section
is a parent, spouse
who is eighteen years of age or older, or legal guardian
of the
child. (E)
It is not a violation of division (B)(1) or (2) of this
section for a person to give or otherwise distribute to a child
cigarettes, other tobacco products, or papers used to roll
cigarettes while the child is participating in a research protocol
if all of the following apply: (1) The parent, guardian, or legal custodian of the child has
consented in writing to the child participating in the research
protocol. (2) An institutional human subjects protection review board,
or an equivalent entity, has approved the research protocol. (3) The child is participating in the research protocol at
the facility or location specified in the research protocol. (F)(1) Whoever violates division (B)(1) or (2) or
(C) of
this section is guilty of illegal
distribution of cigarettes or
other tobacco products, a
misdemeanor of the fourth degree. If
the offender previously has
been convicted of a violation of
division (B)(1) or (2) or
(C) of this section, illegal
distribution of cigarettes or other tobacco products is a
misdemeanor of the third degree. (2) Whoever violates division (B)(3) of
this section is
guilty of permitting children to use cigarettes or other
tobacco
products, a misdemeanor of the fourth degree. If the offender
previously has been convicted of a violation of division (B)(3)
of
this section, permitting children to use cigarettes or other
tobacco products is a misdemeanor of the third degree. (F)(G) Any cigarettes,
other tobacco products, or papers
used
to roll cigarettes that
are given, sold, or otherwise
distributed
to a child
in violation of this section and that are
used,
possessed,
purchased, or received by a child in violation of
section 2151.87 of the Revised
Code are subject to seizure and
forfeiture as contraband under sections 2933.42 and 2933.43 of
the
Revised Code.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply: (1) The person is convicted of or pleads guilty to a
sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
the effective date of
this amendment
January 1, 2002, a sexually oriented offense, was
fourteen years of
age or older at the time of committing the
offense, and is
classified a juvenile sex offender registrant
based on
that
adjudication. (2)
The
One of the following applies to the person: (a) Regarding a person who is an offender, the person
previously
has been
was convicted of or pleaded
guilty to one or
more sexually oriented offenses
or, regarding a
delinquent child,
previously
has
been
was adjudicated a delinquent
child for
committing one or more
sexually oriented offenses
and was
classified a
juvenile sex offender registrant or out-of-state
juvenile sex
offender registrant based on one or more of those
adjudications,
regardless of when the offense was committed and
regardless of the
person's age at the time of committing the
offense. (b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense. (C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following: (1)
Subject to division (D)(2) of this section, any
Any of
the
following
violations or offenses
committed by a person
eighteen years of age or older: (a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, or 2907.05 of the Revised
Code; (b) Any of the following offenses involving a minor, in
the
circumstances specified: (i) A violation of section 2905.01, 2905.02, 2905.03,
2905.04, 2905.05, or 2907.04
or former section 2905.04 of the
Revised Code when the victim
of the offense is under eighteen
years of age; (ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code; (iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code; (v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender;
(d) A sexually violent offense; (e) A violation of any former law of this state
that was
substantially equivalent to any offense listed in division
(D)(1)(a),
(b), (c), or
(d) of this section;
(f) A violation of an, any existing or former municipal
ordinance
or law of another state or the United States,
a
violation under
the
or any existing or former law applicable in a
military court, or
a
violation under the
law applicable in an
Indian tribal court that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c), or
(d) of this
section;
(g)(f) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
or (e), or
(f) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following: (a)
Except for the violations specifically described in
divisions (D)(2)(b) and (c) of this section and subject
Subject to
division (D)(2)(d)(h) of this section,
any violation listed in
division (D)(1) of this section
regardless of the age of the
victim of the
violation, a violation of section 2907.02, 2907.03,
or 2907.05 of
the Revised Code; (b) Subject to division (D)(2)(h) of this section, any of
the following acts involving a minor in the circumstances
specified:
(i) A violation of section 2905.01 or 2905.02 of the
Revised Code, or of former section 2905.04 of the Revised Code,
when the victim of the violation is under eighteen years of age;
(ii) A violation of section 2907.21 of the Revised Code
when the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age.
(c) Subject to division (D)(2)(h) of this section, any
sexually violent offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(b)(d) Subject to division (A)(2)(d)(h) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child
committing the violation;
(c)(e) Subject to division (A)(2)(d)(h) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
offense
violation;
(f) Subject to division (D)(2)(h) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
or any existing or former law applicable in a military court or in
an Indian tribal court that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree;
(g) Subject to division (D)(2)(h) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), or (f) of this section; (d)(h) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
or
(f), or (g) of this section or would be any offense listed in any
of those divisions if committed by an adult.
(E) "Sexual predator" means a person
to whom either of
the
following applies: (1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses. (2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses. (F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or
probation, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer,
or another type of supervising officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer. (G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code: (1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is a sexually violent offense and also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense. (2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator. (3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
division (B) of section
2152.82, 2152.83,
section
2152.84,
or
section 2152.85
of the
Revised
Code that the
delinquent child
is a
sexual
predator. (4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator. (5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense in
another state or in a federal court, military
court, or an Indian
tribal court, as a result of that conviction,
plea of guilty,
or adjudication, the offender
or delinquent
child
is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death and to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
the effective date of
this amendment
January 1, 2002, for
delinquent children the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than seven days,
unless a
court
of common pleas
or
juvenile court determines that
the offender
or delinquent
child
is
not a sexual predator pursuant
to division (F) of section
2950.09
of the Revised Code. (H) "Sexually violent predator specification" and "sexually
violent offense" have the same meanings as in section 2971.01 of
the Revised Code.
(I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J) "Juvenile sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
the
effective date of
this amendment
January 1, 2002, a sexually
oriented offense, who
is fourteen years of age or older at the
time of committing the
offense, and who a juvenile court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
as a
juvenile
sex offender registrant and
specifies has a duty to
register under
section 2950.04 of the
Revised Code. (K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in another state or in a federal court,
military court, or Indian tribal court, who on or after
the
effective date of
this amendment
January 1, 2002, moves to and
resides in this
state or temporarily is domiciled in this state
for more than
seven days, and who under section 2950.04 of the
Revised Code has
a duty to register in this state as described in
that section.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
Sec. 2950.04. (A)(1) Each
of the following types of
offender
who is convicted of or
pleads guilty to, or has been
convicted of
or pleaded guilty to, a
sexually oriented offense
shall
register
personally with
the sheriff of the
county
within
seven days of
the offender's coming into a county in which the
offender resides
or temporarily is domiciled for more than seven
days: (a) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for the sexually
oriented
offense to a prison term, a term of imprisonment, or any
other
type of confinement and, on or after July 1, 1997,
is released in
any manner from the prison term, term of
imprisonment, or
confinement; (b) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
to whom division
(A)(1)(a)
of
this section does not apply;
(c) If the sexually oriented offense was committed prior
to
July 1, 1997,
and neither division (A)(1)(a) nor division
(A)(1)(b) of this section applies,
an offender who,
immediately
prior to
July 1, 1997,
was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code. (2)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense,
and who is
classified a
juvenile sex offender
registrant
based on that adjudication, and
who
is described in
division
(A)(2) of this section shall
register
personally with the sheriff of the county within seven days of the
delinquent child's coming into a county in which the delinquent
child resides or temporarily is domiciled for more than seven
days.
If the delinquent child is committed for the
sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child
is discharged or released in any
manner from
custody in a
department of youth services secure
facility or from the secure
facility that is not operated
by the
department, if pursuant
to the discharge or release the
delinquent
child is not committed
to any other secure facility of
the
department or any other secure
facility. The delinquent child
does
not have a duty to register under this
division while the child is
in a department of
youth services secure facility or in a secure
facility that is not
operated by the department. (3) If divisions (A)(1) and (2) of this section do not
apply, each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within seven days of the offender's or delinquent child's
coming into a county in which the offender or delinquent child
resides or temporarily is domiciled for more than seven days: (a)
Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or in a federal court,
military court, or
an Indian tribal court, if, on or after July 1,
1997,
for
offenders, or
the effective date of this amendment
January 1,
2002, for
delinquent
children, the offender
or delinquent child
moves to and
resides in
this state or
temporarily is domiciled in
this state
for more than
seven days,
and if, at the time the
offender
or
delinquent child
moves to and
resides in this state or
temporarily
is domiciled in
this state
for more than seven days,
the offender
or delinquent
child has a
duty to register as a sex
offender under
the law of
that other
jurisdiction as a result of
the conviction, guilty
plea,
or adjudication. (b) Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or in a federal court,
military court, or
an Indian tribal court, if, on or after July 1,
1997,
for
offenders, or
the effective date of this amendment
January 1,
2002, for
delinquent
children, the offender
or delinquent child is
released
from
imprisonment, confinement,
or detention imposed for
that
offense,
and if, on or after July 1,
1997,
for
offenders, or
the
effective
date of this amendment
January 1, 2002, for
delinquent
children, the
offender
or
delinquent child moves to and
resides in
this state or
temporarily
is domiciled in this state
for more than
seven days.
The duty to
register as described in
this
division
applies
to an
offender
regardless of whether the
offender, at the
time of
moving
to and
residing in this state or
temporarily being
domiciled in
this
state for more than seven
days, has a duty to
register as a
sex
offender under the law of
the jurisdiction in
which the
conviction
or guilty plea occurred.
The duty to register
as
described in this
division applies to a
delinquent child only
if
the delinquent
child, at the time of
moving to and residing in
this state or
temporarily being
domiciled in this state for more
than seven
days, has a duty to
register as a sex offender under
the law of
the jurisdiction in
which the delinquent child
adjudication
occurred or if, had the
delinquent child adjudication
occurred in
this state, the
adjudicating juvenile court judge
would have been
required to
issue an order classifying the
delinquent child as a
juvenile sex
offender registrant pursuant to
section 2152.82 or
division (A) of
section 2152.83 of the Revised
Code. (4) If division (A)(1)(a) of this section applies and if,
subsequent to the offender's release, the offender is adjudicated
to be a sexual predator under division (C) of section 2950.09 of
the Revised Code, the offender shall register within seven days of
the adjudication with the sheriff of the county in which the
offender resides or temporarily is domiciled for more than seven
days and shall register with the sheriff of any county in which
the offender subsequently resides or temporarily is domiciled for
more than seven days within seven days of coming into that county.
(5) A person who is adjudicated a delinquent child for
committing a sexually oriented offense is not required to register
under division (A)(2) of this section unless the delinquent child
committed the offense on or after
the effective date of this
amendment
January 1, 2002, is classified a juvenile sex offender
registrant by a
juvenile court judge pursuant to an order issued
under section
2152.82, 2152.83,
2152.84, or 2152.85 of the
Revised Code based
on
that
adjudication,
and has a duty to
register pursuant to
division
(A)(2)
of this section. (B) An offender
or delinquent child who is required by
division (A) of this section to register personally shall obtain
from the sheriff or from a designee of the sheriff a registration
form that conforms to division (C) of this section, shall complete
and sign the form, and shall return the completed form together
with the offender's
or delinquent child's photograph to the
sheriff or the designee. The sheriff or designee shall sign the
form and indicate on the form the date on which it is so returned.
The registration required under this division is complete when the
offender
or delinquent child returns the form, containing the
requisite information, photograph, signatures, and date, to the
sheriff or designee. (C) The registration form to be used under divisions (A) and
(B) of this section shall contain the current residence address of
the offender
or delinquent child who is registering, the name and
address of the offender's
or delinquent child's employer, if the
offender
or delinquent child is employed at the time of
registration or if the offender
or delinquent child knows at the
time of registration that the offender
or delinquent child will be
commencing employment with that employer subsequent to
registration, and any other information required by the bureau of
criminal identification and investigation and shall include the
offender's
or delinquent child's photograph. Additionally, if the
offender
or delinquent child has been adjudicated as being a
sexual predator relative to the sexually oriented offense in
question and the court has not subsequently determined pursuant to
division (D) of section 2950.09, section
2152.84, or section
2152.85 of
the Revised Code that the
offender
or delinquent child
no longer
is a sexual predator, or if
the
judge
determined
pursuant to division (C) of
section 2950.09, division
(B) of
or
pursuant to
section
2152.82,
2152.83,
section 2152.84, or
section
2152.85 of the
Revised Code that the
offender
or
delinquent child
is a habitual
sex offender, and the determination has not been
removed pursuant
to section 2152.84 or 2152.85 of the Revised
Code, the
offender
or
delinquent child shall include on the
signed, written
registration
form all of the following
information:
(1) A specific declaration that the person has been
adjudicated as being a sexual predator or has been determined to
be a habitual sex offender, whichever is applicable; (2) If the offender
or delinquent child has been adjudicated
as being a sexual predator, the identification license plate
number of each motor vehicle the offender
or delinquent child owns
and of each motor
vehicle registered in the offender's
or
delinquent child's name. (D) After an offender
or delinquent child registers with a
sheriff pursuant to this section, the sheriff shall forward the
signed, written registration form and photograph to the bureau of
criminal identification and investigation in accordance with the
forwarding procedures adopted pursuant to section 2950.13 of the
Revised Code. The bureau shall include the information and
materials forwarded to it under this division in the state
registry of sex offenders established and maintained under section
2950.13 of the Revised Code. (E) No person who is required to register pursuant to
divisions (A) and (B) of this section shall fail to register as
required in accordance with those divisions or that division. (F) An offender
or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code.
Sec. 2950.09. (A) If a person is convicted of or pleads
guilty to committing, on or after January 1, 1997, a sexually
oriented offense that is a sexually violent offense and also is
convicted of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually violent offense,
the conviction of plea of guilty to the specification
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted of, pleads
guilty to, or is adjudicated a delinquent child for committing, a
sexually oriented offense in another state, or in a federal court,
military court, or an Indian tribal court and if, as a result of
that conviction, plea of guilty,
or adjudication, the person is
required, under the law of the jurisdiction in which the person
was convicted, pleaded guilty,
or was adjudicated, to register
as
a sex offender until the person's death and is required to
verify
the person's address on at least a quarterly basis each
year, that
conviction, plea of guilty, or adjudication
automatically
classifies the
person as a sexual predator
for the purposes of
this chapter, but the
person may
challenge that classification
pursuant to division (F) of this
section. In all other cases, a
person who is convicted of or
pleads guilty to,
has been
convicted of or pleaded guilty to,
or is adjudicated a delinquent
child for committing,
a sexually
oriented offense may be
classified as a sexual predator
for
purposes of this chapter only
in accordance with division (B)
or
(C) of this section
or,
regarding delinquent children, divisions
(B) and (C) of section
2152.83 of the Revised Code. (B)(1)(a)
The judge who is to impose sentence on a person who
is
convicted of or pleads guilty to a sexually oriented offense
or
the judge
who is to impose or has imposed, pursuant to section
2152.82 or division (A) of section 2152.83 of the Revised Code, an
order of disposition upon a child who is
adjudicated a delinquent
child for committing on or after
the
effective date of this
amendment a sexually oriented offense shall
conduct a hearing to
determine whether the
offender
is a sexual
predator if
any
either
of the
following
circumstances apply: (a)(i) Regardless of when the sexually oriented offense was
committed,
the offender is to be sentenced on or after
January
1,
1997, for a sexually oriented offense that is not a
sexually
violent offense.
(b)(ii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after January 1,
1997, for a sexually oriented offense that is a sexually violent
offense and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the sexually violent offense.
(c)(b) The
delinquent child was classified a
juvenile sex
offender registrant pursuant to
judge who is to impose or has
imposed an order of disposition upon a child who is adjudicated a
delinquent child for committing on or after January 1, 2002, a
sexually oriented offense shall conduct a hearing as provided in
this division to determine whether the child is to be classified
as a sexual predator if either of the following applies:
(i) The judge is required by
section 2152.82 or division
(A) of
section 2152.83 of the Revised Code. A judge shall not
conduct a
hearing under division (B) of this section regarding a
delinquent
child unless the delinquent child is in the category of
delinquent
children described in this division
to classify the
child a juvenile sex offender registrant.
(ii) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile sex offender registrant. (2)
The
Regarding an offender, the judge shall conduct the
hearing
required by division (B)(1)(a) of this section
prior to
sentencing
and, if the
sexually oriented offense
is a felony
and
if the
hearing is being
conducted under division
(B)(1)(a)
or (b)
of this
section, the
judge may conduct it as part
of the
sentencing
hearing required by
section 2929.19 of the
Revised
Code.
Regarding a delinquent child, the judge may conduct the
hearing required by division (B)(1)(b) of this section at the same
time as, or separate from, the dispositional hearing, as specified
in the applicable provision of section 2152.82 or 2152.83 of the
Revised Code. The
court shall give the
offender
or delinquent
child and the
prosecutor who prosecuted the
offender
or handled
the case against
the delinquent child for the
sexually oriented
offense notice of
the date, time, and location
of the hearing. At
the hearing, the
offender
or delinquent child
and the prosecutor
shall have an
opportunity to testify, present
evidence, call and
examine
witnesses and expert witnesses, and
cross-examine
witnesses and
expert witnesses regarding the
determination as to
whether the
offender
or delinquent child is a
sexual predator.
The
offender
or
delinquent child shall have the
right to be
represented by counsel
and, if indigent, the right to
have counsel
appointed to represent
the offender
or delinquent
child.
(3) In making a determination under divisions (B)(1) and
(4)
of this section as to whether an offender
or delinquent
child is a
sexual predator, the judge shall consider all relevant
factors,
including, but not limited to, all of the following:
(a) The offender's
or delinquent child's age; (b) The offender's
or delinquent child's prior criminal
or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses; (c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed
or the order of disposition is
to be made; (d) Whether the sexually oriented offense for which sentence
is to be imposed
or the order of disposition is to be made
involved multiple victims; (e) Whether the offender
or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting;
(f) If the offender
or delinquent child previously has been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender
or
delinquent child completed any sentence
or dispositional order
imposed for the prior offense
or act and, if the prior offense
or
act was a sex offense or a sexually oriented offense, whether the
offender
or delinquent child participated in available programs
for sexual offenders; (g) Any mental illness or mental disability of the offender
or delinquent child; (h) The nature of the offender's
or delinquent child's
sexual conduct, sexual contact, or interaction in a sexual context
with the victim of the sexually oriented offense and whether the
sexual conduct, sexual contact, or interaction in a sexual context
was part of a demonstrated pattern of abuse;
(i) Whether the offender
or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed
or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty; (j) Any additional behavioral characteristics that
contribute to the offender's
or delinquent child's conduct.
(4) After reviewing all testimony and evidence presented
at
the hearing conducted under division (B)(1) of this section and
the factors specified in division (B)(3) of this section, the
court shall determine by clear and convincing evidence
whether the
subject offender
or delinquent child is a sexual
predator. If
the
court determines that the
subject offender
or delinquent child
is
not a sexual predator, the
court
shall specify in the
offender's
sentence and the judgment of
conviction that contains
the sentence
or in the delinquent child's
dispositional order, as
appropriate,
that the
court has
determined that the offender
or delinquent
child is not a sexual
predator. If the
court
determines by clear
and convincing
evidence that the
subject offender
or
delinquent
child is a sexual
predator, the
court shall
specify in the
offender's sentence
and the judgment of conviction
that contains
the sentence
or in
the delinquent child's dispositional
order, as
appropriate, that
the
court has determined that
the offender
or
delinquent
child is a sexual predator and shall
specify that the
determination was pursuant to division (B) of
this section. The
offender
or delinquent child and the prosecutor
who prosecuted the
offender
or handled the case against the delinquent child for the
sexually
oriented offense in question may appeal as a matter of
right the
court's determination under this division as to
whether
the offender
or delinquent child is, or is not, a sexual
predator.
(5) A hearing shall not be conducted under division (B)
of
this section regarding an offender if the
sexually oriented
offense in question is a sexually violent
offense and the
indictment, count in the indictment, or
information charging the
offense also included a
sexually violent predator specification.
(C)(1) If a person was convicted of or pleaded guilty to a
sexually oriented offense prior to January 1, 1997, if the person
was not sentenced for the offense on or after January 1, 1997, and
if, on or after January 1, 1997, the offender is serving a term of
imprisonment in a state correctional institution, the department
of rehabilitation and correction shall determine whether to
recommend that the offender be adjudicated as being a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated as being a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in division (B)(2) of this section. If the department
determines that it will recommend that the offender be adjudicated
as being a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender and shall
enter its determination and recommendation in the offender's
institutional record, and the court shall proceed in accordance
with division (C)(2) of this section.
(2)(a) If, pursuant to division (C)(1) of this section, the
department of rehabilitation and correction sends to a court a
recommendation that an offender who has been convicted of or
pleaded guilty to a sexually oriented offense be adjudicated as
being a sexual predator, the court is not bound by the
department's recommendation, and the court may conduct a hearing
to determine whether the offender is a sexual predator. The court
may deny the recommendation and determine that the offender is not
a sexual predator without a hearing but shall not make a
determination that the offender is a sexual predator in any case
without a hearing. The court may hold the hearing and make the
determination prior to the offender's release from imprisonment or
at any time within one year following the offender's release from
that imprisonment. If the court determines without a hearing that
the offender is not a sexual predator, it shall include its
determination in the offender's institutional record and shall
determine whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense other than the
offense in relation to which the court determined that the
offender is not a sexual predator.
The court may make the determination as to whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense without a hearing, but, if the court
determines that the offender previously has been convicted of or
pleaded guilty to such an offense, it shall not impose a
requirement that the offender be subject to the community
notification provisions regarding the offender's place of
residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. The court may conduct a
hearing to determine both whether the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense and
whether to impose a requirement that the offender be subject to
the community notification provisions as described in this
division, or may conduct a hearing solely to make the latter
determination. The court shall include in the offender's
institutional record any determination made under this division as
to whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense, and, as such,
whether the offender is a habitual sex offender. (b) If the court schedules a hearing under division
(C)(2)(a) of this section, the court shall give the offender and
the prosecutor who prosecuted the offender for the sexually
oriented offense, or that prosecutor's successor in office, notice
of the date, time, and place of the hearing. If the hearing is to
determine whether the offender is a sexual predator, it shall be
conducted in the manner described in division (B)(1) of this
section regarding hearings conducted under that division and, in
making a determination under this division as to whether the
offender is a sexual predator, the court shall consider all
relevant factors, including, but not limited to, all of the
factors specified in division (B)(2) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in division (B)(2) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines that the offender is not a sexual predator, it also
shall determine whether the offender previously has been convicted
of or pleaded guilty to a sexually oriented offense other than the
offense in relation to which the hearing is being conducted.
Upon making its determinations at the hearing, the court
shall proceed as follows:
(i) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines that the offender is
not a sexual predator and that the offender previously has not
been convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determinations in the offender's
institutional record.
(ii) If the hearing is to determine whether the offender is
a sexual predator, and if the court determines that the offender
is not a sexual predator but that the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determination that the offender is
not a sexual predator but is a habitual sex offender in the
offender's institutional record, shall attach the determinations
to the offender's sentence, shall specify that the determinations
were pursuant to division (C) of this section, shall provide a
copy of the determinations to the offender, to the prosecuting
attorney, and to the department of rehabilitation and correction,
and may impose a requirement that the offender be subject to the
community notification provisions regarding the offender's place
of residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code. The offender shall not be subject to those
community notification provisions relative to the sexually
oriented offense in question if the court does not so impose the
requirement described in this division. If the court imposes
those community notification provisions, the offender may appeal
the judge's determination that the offender is a habitual sex
offender.
(iii) If the hearing is to determine whether the offender
previously has been convicted of or pleaded guilty to a sexually
oriented offense other than the offense in relation to which the
hearing is being conducted and whether to impose a requirement
that the offender be subject to the specified community
notification provisions, and if the court determines that the
offender previously has been convicted of or pleaded guilty to
such an offense, the court shall proceed as described in division
(C)(2)(b)(ii) of this section and may impose a community
notification requirement as described in that division. The
offender shall not be subject to the specified community
notification provisions relative to the sexually oriented offense
in question if the court does not so impose the requirement
described in that division. If the court imposes those community
notification provisions, the offender may appeal the judge's
determination that the offender is a habitual sex offender. (iv) If the court determined without a hearing that the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense other than the offense in relation to
which the court determined that the offender is not a sexual
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement
that the offender be subject to the specified community
notification provisions, after the hearing, the court may impose a
community notification requirement as described in division
(C)(2)(b)(ii) of this section. The offender shall not be subject
to the specified community notification provisions relative to the
sexually oriented offense in question if the court does not so
impose the requirement described in that division. If the court
imposes those community notification provisions, the offender may
appeal the judge's determination that the offender is a habitual
sex offender.
(v) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines by clear and
convincing evidence that the offender is a sexual predator, it
shall enter its determination in the offender's institutional
record, shall attach the determination to the offender's sentence,
shall specify that the determination was pursuant to division (C)
of this section, and shall provide a copy of the determination to
the offender, to the prosecuting attorney, and to the department
of rehabilitation and correction. The offender and the prosecutor
may appeal as a matter of right the judge's determination under
this division as to whether the offender is, or is not, a sexual
predator. (D)(1)
Division (D) of this section applies to
persons
who
have been convicted of or pleaded guilty to a sexually
oriented
offense. The procedures set forth in division (D) of
this section
regarding a determination of whether a person no
longer is a
sexual predator also apply, to the extent specified in
section
2152.84 or 2152.85 of the Revised Code, to persons who
have been
adjudicated a delinquent child for committing a sexually
oriented
offense and have been determined by a juvenile court
judge to be a
sexual predator
and also applies as provided in Chapter 2152. of
the Revised Code. A person who has been adjudicated
a delinquent
child for committing a sexually oriented offense and
who has been
classified by a juvenile court judge a juvenile sex
offender
registrant or, if applicable, additionally has been
determined by
a juvenile court judge to be a sexual predator or
habitual sex
offender, may petition the adjudicating court for a
reclassification or declassification pursuant to section 2152.85
of the Revised Code. Upon the expiration of the applicable period of time
specified in division (D)(1)(a) or (b) of this section, an
offender who has been convicted of or pleaded guilty to
a sexually
oriented offense and who has been adjudicated as being
a sexual
predator relative to the sexually oriented offense in the
manner
described in division (B) or (C) of this section may
petition the
judge who made the determination that the offender was a sexual
predator, or that judge's successor
in office, to enter a
determination that the offender no longer is a sexual predator.
Upon the filing
of the petition, the judge may review the prior
sexual predator
determination that comprises the sexually violent
predator
adjudication, and, upon consideration of all relevant
evidence and
information, including, but not limited to, the
factors set forth
in division (B)(3) of this section, either
shall
enter a
determination that the offender no longer is a
sexual
predator or shall enter an order denying the petition. The
judge
shall not enter a determination under this division
that the
offender no longer is a sexual
predator unless the
judge
determines by clear and convincing
evidence that the
offender is
unlikely to
commit a sexually oriented offense in the
future. If
the judge
enters a determination under this division
that the
offender no longer is a sexual predator, the judge shall
notify
the bureau of criminal identification and investigation and
the
parole board of the
determination. Upon receipt of the
notification, the bureau
promptly shall notify the sheriff with
whom the offender most recently registered under section 2950.04
or
2950.05 of the Revised Code of the determination that the
offender no longer is a sexual predator. If the judge
enters an
order denying the petition, the prior adjudication of
the offender
as a sexual predator shall remain
in effect. An offender
determined to be a
sexual predator in the manner described in
division (B) or (C) of
this section may file a petition under this
division after the
expiration of the following periods of time:
(a) Regardless of when the sexually oriented offense was
committed, if, on or after January 1, 1997, the offender is
imprisoned or sentenced to a prison term or other confinement for
the sexually oriented offense in relation to which the
determination was made, the offender initially may file the
petition not earlier than one year prior to the offender's release
from the imprisonment, prison term, or other confinement by
discharge, parole, judicial release, or any other final release.
If the offender is sentenced on or after January 1, 1997, for the
sexually oriented offense in relation to which the determination
is made and is not imprisoned or sentenced to a prison term or
other confinement for the sexually oriented offense, the offender
initially may file the petition upon the expiration of one year
after the entry of the offender's judgment of conviction. (b) After the offender's initial
filing of a petition under
division (D)(1)(a) of this section,
thereafter, an offender may
file a petition
under this division upon the expiration of five
years after the
court has entered an order denying
the petition
under division (D)(1)(a) of this section or the most recent
petition the
offender has filed under this division. (2) Except as otherwise provided in this division, division
(D)(1) of this section does not apply to a person who is
classified as a sexual predator pursuant to division (A) of this
section. If a person who is so classified was sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and if the sentencing court terminates the offender's
prison term as provided in division (D) of section 2971.05 of the
Revised Code, the court's termination of the prison term
automatically shall constitute a determination by the court that
the offender no longer is a sexual predator. If the court so
terminates the offender's prison term, the court shall notify the
bureau of criminal identification and investigation and the parole
board of the determination that the offender no longer is a sexual
predator. Upon receipt of the notification, the bureau promptly
shall notify the sheriff with whom the offender most recently
registered under section 2950.04 or 2950.05 of the Revised Code
that the offender no longer is a sexual predator. If an offender
who is classified as a sexual predator pursuant to division (A) of
this section is released from prison pursuant to a pardon or
commutation, the classification of the offender as a sexual
predator shall remain in effect after the offender's release, and
the offender may file one or more petitions in accordance with the
procedures and time limitations contained in division (D)(1) of
this section for a determination that the offender no longer is a
sexual predator.
(E)(1) If a person is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense, the judge who is to impose
sentence on the offender shall
determine, prior to sentencing, whether the offender
previously
has been convicted of or pleaded guilty to, or adjudicated a
delinquent child for committing, a sexually oriented
offense.
If a
person is classified a juvenile sex offender
registrant, pursuant
to section 2152.82 or division (A) of section
2152.83 of the
Revised Code, the adjudicating
judge
and is a habitual sex
offender. The judge who is to impose or has imposed an order of
disposition upon a child who is adjudicated a delinquent child for
committing on or after January 1, 2002, a sexually oriented
offense shall
determine, prior to entering the order classifying
the delinquent
child a juvenile sex offender registrant,
whether
the delinquent
child previously has been
convicted of or pleaded
guilty to, or adjudicated a
delinquent child for
committing, a
sexually oriented offense. If the adjudicating judge
has
classified the delinquent child under division (A) of section
2152.83 of the Revised Code based on that adjudication a juvenile
sex offender registrant, the judge shall determine, prior to
entering the classification order, whether the delinquent child
previously has been adjudicated a delinquent child for committing
a sexually oriented offense. If
and is a habitual sex offender,
if either of the following applies:
(a) The judge is required by section 2152.82 or division
(A) of section 2152.83 of the Revised Code to classify the child a
juvenile sex offender registrant;
(b) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile sex offender registrant.
(2) If, under division (E)(1) of this section,
the judge
determines that the
offender
or delinquent child previously has
not been
convicted of or pleaded guilty to
a sexually
oriented
offense
or
that the delinquent child
previously has not, or been
adjudicated a
delinquent child for
committing, a sexually oriented
offense
or that the offender otherwise does not satisfy the
criteria for being a habitual sex offender, the
judge shall
specify in
the offender's
sentence
or in the
order classifying the
delinquent
child a juvenile sex offender registrant that the
judge
has
determined that the offender
or delinquent child is not
a
habitual
sex offender. If the judge determines that the
offender
or delinquent child
previously has been convicted of or
pleaded
guilty to
a sexually
oriented offense
or that the delinquent child
previously has, or been
adjudicated a delinquent child for
committing, a sexually oriented
offense
and that the offender
satisfies all other criteria for being a habitual sex offender,
the judge shall specify
in the offender's sentence and
the
judgment of conviction that
contains the sentence
or in the
order
classifying the delinquent child a juvenile sex offender
registrant that the judge has
determined that the offender
or
delinquent child is a habitual sex
offender and may impose a
requirement in that sentence and
judgment of conviction
or in that
order that the
offender
or delinquent child be
subject to the
community
notification provisions regarding the
offender's
or
delinquent
child's place of residence that are
contained in
sections 2950.10
and 2950.11 of the Revised Code.
Unless the
habitual sex offender
also has been adjudicated as
being a sexual
predator relative to
the sexually oriented offense
in question,
the offender
or
delinquent child shall
be subject
to those
community
notification provisions
only if the court
imposes
the
requirement described in this division in
the
offender's
sentence
and the judgment of conviction
or in the
order
classifying the
delinquent child a juvenile sex offender
registrant. (F)(1) An offender
or delinquent child classified as a
sexual predator may petition the court of common pleas
or, for a
delinquent child, the juvenile court of the
county in which the
offender
or delinquent child resides or
temporarily is domiciled
to enter a determination that the
offender
or delinquent child is
not an adjudicated sexual predator
in this state for purposes of
the sex offender registration
requirements of this chapter or the
community notification
provisions contained in sections 2950.10
and 2950.11 of the
Revised Code if all of the following apply:
(a) The offender
or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense in another state or in a
federal court, a military court, or an Indian tribal court. (b) As a result of the conviction, plea of guilty, or
adjudication described in division (F)(1)(a) of this section, the
offender
or delinquent child is required under the law of the
jurisdiction under which the offender
or delinquent child was
convicted, pleaded guilty, or was adjudicated to register as a
sex
offender until the offender's
or delinquent child's death and
is
required to verify the offender's
or delinquent child's address
on
at least a quarterly basis each year.
(c) The offender
or delinquent child was automatically
classified as a sexual predator under division (A) of this section
in relation to the conviction, guilty plea, or adjudication
described in division (F)(1)(a) of this section.
(2) The court may enter a determination that the offender
or
delinquent child filing the petition described in division (F)(1)
of this section is not an adjudicated sexual predator in this
state for purposes of the sex offender registration requirements
of this chapter or the community notification provisions contained
in sections 2950.10 and 2950.11 of the Revised Code only if the
offender
or delinquent child proves by clear and convincing
evidence that the requirement of the other jurisdiction that the
offender
or delinquent child register as a sex offender until the
offender's
or delinquent child's death and the requirement that
the offender
or delinquent child verify the offender's
or
delinquent child's address on at least a quarterly basis each year
is not substantially similar to a classification as a sexual
predator for purposes of this chapter.
Sec. 2950.14. (A) Prior to releasing
an offender who is
under the custody and control of the department of
rehabilitation
and correction and who has been convicted of or
pleaded guilty to
committing, either prior to, on, or after January
1, 1997, any
sexually
oriented offense, the
department
of rehabilitation and
correction shall provide all of the
information
described in
division (B) of this
section to the bureau of
criminal
identification and investigation regarding the offender.
Prior to
releasing a delinquent child who is in the
custody of the
department of youth services
and who has
been
adjudicated a
delinquent child for
committing on or after
the effective
date of
this amendment
January 1, 2002, a sexually oriented offense,
and
who has been classified a juvenile sex offender registrant based
on that adjudication, the
department of
youth services shall
provide all of the information
described in
division
(B) of this
section to the
bureau of
criminal
identification and investigation
regarding
the delinquent
child. (B) The department of
rehabilitation and correction and the
department of youth
services shall provide all of the following
information to the
bureau of criminal identification and
investigation regarding an
offender or delinquent child described
in division (A) of this
section: (1) The offender's
or delinquent child's name and any
aliases used by
the offender
or delinquent child; (2) All identifying factors concerning the offender
or
delinquent
child; (3) The offender's
or delinquent child's anticipated future
residence; (4) The offense
and delinquency history of the offender
or
delinquent child; (5) Whether the offender
or delinquent child was treated for
a mental
abnormality or
personality disorder while under the
custody and control of the
department; (6) Any other information that the bureau indicates is
relevant and
that
the department possesses. (C) Upon receipt of the information described in division
(B) of this section
regarding an offender
or delinquent child,
the
bureau immediately shall
enter the information into
the state
registry of
sex offenders that the bureau maintains
pursuant to
section 2950.13 of the Revised Code and into the
records that the
bureau
maintains pursuant to division (A) of
section 109.57 of the
Revised Code.
Sec. 5139.05. (A) The juvenile court may commit any child
to the department of youth services as authorized in
Chapter
2152. of the Revised
Code, provided that any child so
committed
shall be at least ten years of age at the time
of the child's
delinquent act, and, if the child is ten
or eleven years of age,
the delinquent act is a
violation of section 2909.03 of the
Revised Code or would be aggravated murder, murder, or a
first or
second degree felony
offense of violence if committed by an adult.
Any order to commit a
child to an
institution
under the control
and management of the department shall have the
effect of ordering
that the child be committed to the department
and assigned to an
institution as follows: (1) For an indefinite term consisting
of the prescribed
minimum period
of court control set
specified by the court
under
division (A)(1) of section 2152.16 of the Revised Code and a
maximum
period not
to exceed the child's attainment of twenty-one
years of
age, if the child was committed pursuant to
section
2152.16 of
the Revised Code; (2) Until the child's attainment of twenty-one years of
age,
if the child was
committed for aggravated murder or murder
pursuant to section 2152.16 of the Revised Code; (3) For a period of commitment that shall be in addition to,
and shall be
served consecutively with and prior to, a period of
commitment
described in division (A)(1) or (2) of this
section, if
the child was committed pursuant to
section
2152.17 of the
Revised Code; (4) If the child is ten or
eleven years of age, to an
institution, a residential care facility, a residential facility,
or a
facility licensed by the department of job and family
services that the
department of youth services considers best
designated for the training and
rehabilitation of the child and
protection of the public. The child shall be
housed separately
from children who are twelve years of age or older until the child
is
released or discharged
or until the child attains twelve years
of age, whichever occurs
first. Upon the child's attainment of
twelve years of
age, if the child has not been released or
discharged, the
department is not required to house the child
separately. (B)(1)
The
Except as otherwise provided in section 5139.54 of
the Revised Code, the release authority of the department of youth
services,
in accordance with section 5139.51 of the Revised Code
and at any time
after the end of the
minimum period
of court
control
imposed
specified under
division (A)(1) of section 2152.16
of the Revised Code, may grant the
release
from custody of any
child committed to the
department. The order committing a child to the department of youth
services shall state that the child has been adjudicated a
delinquent child and state the
minimum period
of court control
over the
commitment under section 2152.12 or
2152.13 of the
Revised Code.
The
jurisdiction of the court terminates at the end
of the
minimum period
of court control except
as follows: (a) In relation to judicial release
procedures,
supervision, and violations; (b) With respect to
functions of the court related to the
revocation of supervised release that
are specified in
sections
5139.51 and 5139.52 of the
Revised
Code;
(c) In relation to its duties relating to serious youthful
offender dispositional sentences under sections 2152.13 and
2152.14 of the Revised Code. (2) When a child has been committed to the
department under
section 2152.16 of the Revised Code,
the department shall retain
legal custody of the child until one of the following: (a) The department discharges the child to the exclusive
management, control, and
custody of the child's parent or the
guardian of
the child's person or, if the child is eighteen years
of age or older, discharges the child. (b) The
committing court, upon its own motion, upon petition
of the
parent, guardian of the person, or next friend of a child,
or
upon petition of the department, terminates the department's
legal custody of the child. (c) The committing court grants the child a
judicial release
to court supervision under
section 2152.22
of the Revised Code. (d) The department's legal
custody of the child is
terminated automatically by the child
attaining twenty-one years
of age. (e) If the child is subject to a serious youthful offender
dispositional sentence, the adult portion of that dispositional
sentence is
imposed under section 2152.14 of the Revised Code. (C) When a child is committed to the department of youth
services, the department may assign the child to a hospital for
mental, physical, and other examination, inquiry, or treatment
for
the period of time that is necessary. The department may
remove
any child in its custody to a hospital for observation,
and a
complete report of every observation at the hospital
shall be made
in writing and shall include a record of
observation, treatment,
and medical history and a recommendation
for future treatment,
custody, and maintenance. The department
shall thereupon order
the placement and treatment that it
determines to be most
conducive to the purposes of Chapters 2151.
and 5139. of the
Revised Code. The committing court and all
public authorities
shall make available to the department all
pertinent data in their
possession with respect to the case. (D) Records maintained by the department of youth services
pertaining to the children in its custody shall be accessible
only
to department employees, except by consent of the department
or
upon the order of the judge of a court of record. These
records
shall not be considered "public records," as defined in
section
149.43 of the Revised Code. Except as otherwise provided by a law of this state or the
United
States, the department of youth services may release
records that are
maintained by the department of youth services
and that pertain to children in
its custody to the department of
rehabilitation and correction regarding
persons who are under the
jurisdiction of the department of rehabilitation and
correction
and who have previously been committed to the department of youth
services. The department of rehabilitation and correction may use
those
records for the limited purpose of carrying out the duties
of the department
of rehabilitation and correction. Records
released by the department of youth
services to the department of
rehabilitation and correction shall remain
confidential and shall
not be considered public records as defined in section
149.43 of
the Revised Code. (E)(1) When a child is committed to the department of
youth
services, the department, orally or in writing, shall
notify the
parent, guardian, or custodian of a child that the
parent,
guardian, or custodian may request at any time from the
superintendent of the institution in which the child is located
any of the information described in divisions (E)(1)(a), (b),
(c),
and (d) of this section. The parent, guardian, or custodian
may
provide the department with the name, address, and telephone
number of the parent, guardian, or custodian, and, until the
department is notified of a change of name, address, or telephone
number, the department shall use the name, address, and telephone
number provided by the parent, guardian, or custodian to provide
notices or answer inquiries concerning the following information: (a) When the department of youth services makes a
permanent
assignment of the child to a facility, the department,
orally or
in writing and on or before the third business day
after the day
the permanent assignment is made, shall notify the
parent,
guardian, or custodian of the child of the name of the
facility to
which the child has been permanently assigned. If a parent, guardian, or custodian of a child who is
committed to the department of youth services requests, orally or
in writing, the department to provide the parent, guardian, or
custodian with the name of the
facility in which the child is
currently located, the department,
orally or in writing and on or
before the next business day after
the day on which the request is
made, shall provide the name of
that facility to the parent,
guardian, or custodian. (b) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is located whether the child is being disciplined by the
personnel of the institution, what disciplinary measure the
personnel of the institution are using for the child, or why the
child is being disciplined, the superintendent or the
superintendent's designee,
on or before the next business day
after the day on which the
request is made, shall provide the
parent, guardian, or custodian
with written or oral responses to
the questions. (c) If a parent, guardian, or custodian of a child who is
committed to the department of youth services, orally or in
writing, asks the superintendent of the institution in which the
child is held whether the child is receiving any medication from
personnel of the institution, what type of medication the child
is
receiving, or what condition of the child the medication is
intended to treat, the superintendent or the
superintendent's
designee, on or
before the next business day after the day on
which the request
is made, shall provide the parent, guardian, or
custodian with
oral or written responses to the questions. (d) When a major incident occurs with respect to a child
who
is committed to the department of youth services, the
department,
as soon as reasonably possible after the major
incident occurs,
shall notify the parent, guardian, or custodian
of the child that
a major incident has occurred with respect to
the child and of all
the details of that incident that the
department has ascertained. (2) The failure of the department of youth services to
provide any notification required by or answer any requests made
pursuant to division (E) of this section does not create a cause
of action against the state. (F) The department of youth services, as a means of
punishment while the child is in its custody, shall not prohibit
a
child who is committed to the department from seeing that
child's
parent, guardian, or custodian during standard visitation
periods
allowed by the department of youth services unless the
superintendent of the institution in which the child is held
determines that permitting that child to visit with the
child's
parent,
guardian, or custodian would create a safety risk to that
child,
that child's parents, guardian, or custodian, the personnel
of
the institution, or other children held in that institution. (G) As used in this section: (1) "Permanent assignment" means the assignment or
transfer
for an extended period of time of a child who is
committed to the
department of youth services to a facility in
which the child will
receive training or participate in
activities that are directed
toward the child's successful
rehabilitation. "Permanent
assignment" does not include the
transfer of a child to a facility
for judicial release
hearings
pursuant to section 2152.22 of the
Revised Code or for
any other
temporary assignment or transfer to
a facility. (2) "Major incident" means the escape or attempted escape
of
a child who has been committed to the department of youth
services
from the facility to which the child is assigned; the
return to
the custody of the department of a child who has
escaped or
otherwise fled the custody and control of the
department without
authorization; the allegation of any sexual
activity with a child
committed to the department; physical
injury to a child committed
to the department as a result of
alleged abuse by department
staff; an accident resulting in
injury to a child committed to the
department that requires
medical care or treatment outside the
institution in which the
child is located; the discovery of a
controlled substance upon
the person or in the property of a child
committed to the
department; a suicide attempt by a child
committed to the
department; a suicide attempt by a child
committed to the
department that results in injury to the child
requiring
emergency medical services outside the institution in
which the
child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to
the department; and the commission or suspected commission of an
act by a child committed to the department that would be an
offense if committed by an adult. (3) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code. (4) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code. (5) "Residential care facility" and "residential facility"
have
the same meanings as in section 2151.011 of the Revised Code.
Sec. 5139.06. (A) When a child has been committed to the
department of youth services, the department shall do both of
the
following: (1) Place the child in an appropriate institution under the
condition that it considers best designed for the training and
rehabilitation of the child and the protection of the public,
provided that the institutional placement shall be consistent
with
the order committing the child to its custody; (2) Maintain the child in institutional care or
institutional care in a secure facility for the required period
of
institutionalization in a manner consistent with division
(A)(1)
of section
2152.16 and divisions (A) to
(E)(F) of section
2152.17
of
the Revised Code,
whichever are applicable, and with section
5139.38 or
division (B)
or (C) of section 2152.22 of the Revised
Code. (B) When a child has been committed to the department of
youth services and
has not been institutionalized or
institutionalized in
a secure facility for the prescribed
minimum
period of time, including,
but not
limited to, a prescribed period
of time
under division (A)(1)(a) of section
2152.16 of the
Revised Code, the
department,
the child, or the child's parent may
request the court that
committed the child to order a judicial
release to court supervision or
a judicial release
to department
of youth services supervision in accordance
with division
(B) or
(C) of section 2152.22 of the Revised Code, and
the
child may be
released from institutionalization or institutionalization in a
secure facility in accordance with the applicable
division. A
child in those circumstances shall
not be released from
institutionalization or institutionalization in a secure
facility
except in accordance with section 2152.22 or
5139.38
of the
Revised Code. When a child
is
released pursuant to a judicial
release to court supervision under
division (B) of section
2152.22
of the Revised Code, the
department shall comply with
division
(B)(3) of that
section and, if
the court requests, shall
send the
committing court a report on the child's
progress in the
institution and recommendations for
conditions of
supervision by
the court after release. When a child is
released pursuant to a
judicial release to
department of youth services supervision under
division
(C) of section 2152.22
of the Revised Code, the
department shall comply
with division (C)(3) of
that section
relative to the child and shall send the committing court and the
juvenile court of the county in which the child is placed a copy
of the treatment and rehabilitation plan described in that
division and the conditions that it fixed. The
court of the
county in which the child is placed may adopt the
conditions as
an order of the court and may add any
additional consistent
conditions it considers
appropriate, provided that the court may
not add
any condition that decreases the level or degree of
supervision specified by the department in its plan, that
substantially increases the financial burden of supervision that
will be experienced by the department, or that alters the
placement specified by the department in its plan.
Any
violations of the conditions
of the child's judicial release or
early
release shall be handled pursuant to division
(D) of section
2152.22 of the Revised Code. (C) When a child has been committed to the department of
youth services, the department may do any of the following: (1) Notwithstanding the provisions of this chapter,
Chapter
2151., or Chapter 2152. of the Revised
Code that prescribe
required periods
of institutionalization, transfer the child to
any other
state
institution, whenever it appears that the child by
reason of
mental illness, mental retardation, or other
developmental
disability ought to be in another state institution.
Before
transferring a child to any other state institution, the
department shall include in the minutes a record of the order of
transfer and the reason for the transfer and, at least seven days
prior to the transfer, shall send a certified copy of the order
to
the person shown by its record to have had the care or custody
of
the child immediately prior to the child's commitment. Except
as
provided in division (C)(2) of this section, no person
shall
be
transferred from a benevolent institution to a correctional
institution or to a facility or institution operated by the
department of youth services. (2) Notwithstanding the provisions of this chapter,
Chapter
2151., or Chapter 2152. of the Revised
Code that prescribe
required periods
of institutionalization, transfer the child under
section
5120.162 of
the Revised Code to a correctional medical
center established by
the department of rehabilitation and
correction, whenever the
child has an illness, physical condition,
or other medical
problem and it appears that the child would
benefit from
diagnosis or treatment at the center for that
illness, condition,
or problem. Before transferring a child to a
center, the
department of youth services shall include in the
minutes a
record of the order of transfer and the reason for the
transfer
and, except in emergency situations, at least seven days
prior to
the transfer, shall send a certified copy of the order to
the
person shown by its records to have had the care or custody of
the child immediately prior to the child's commitment. If the
transfer of the child occurs in an emergency situation, as soon
as
possible after the decision is made to make the transfer, the
department of youth services shall send a certified copy of the
order to the person shown by its records to have had the care or
custody of the child immediately prior to the child's commitment.
A transfer under this division shall be in accordance with the
terms of the agreement the department of youth services enters
into with the department of rehabilitation and correction under
section 5120.162 of the Revised Code and shall continue only as
long as the child reasonably appears to receive benefit from
diagnosis or treatment at the center for an illness, physical
condition, or other medical problem. (3) Revoke or modify any order of the department except an
order of discharge as often as conditions indicate it to be
desirable; (4) If the child was committed pursuant to division
(A)(1)(b), (c), (d), or (e) of section
2152.16 of the Revised
Code and has been
institutionalized or institutionalized in a
secure facility for the prescribed
minimum periods of
time under
those divisions,
assign the child to a family home, a
group care
facility, or other place maintained under public or
private
auspices, within or without this state, for necessary
treatment
and rehabilitation, the costs of which may be paid by
the
department, provided that the department shall notify the
committing court, in writing, of the place and terms of the
assignment at least fifteen days prior to the scheduled date of
the assignment; (5) Release the child from an
institution in accordance with
sections 5139.51 to 5139.54 of
the Revised Code in the
circumstances
described in those sections. (D) The department of youth services shall notify the
committing court of any order transferring the physical location
of any child committed to it in accordance with section 5139.35
of
the Revised Code. Upon the discharge from its custody and
control, the department may petition the court for an order
terminating its custody and control.
Sec. 5139.50. (A) The release authority of the department
of
youth services is hereby
created as a bureau in
the
department.
The release authority shall consist of five members
who are
appointed by the director of youth services and who have
the
qualifications specified in division
(B) of this section. The
members of the release authority shall
devote their full time to
the duties of the release
authority and shall neither seek nor
hold other public office. The members
shall be in the
unclassified civil service. (B) A person appointed as a member of the release
authority
shall have a bachelor's degree from an accredited
college or
university or equivalent relevant experience and shall have the
skills, training, or
experience necessary to analyze issues of
law, administration,
and public policy. The membership of the
release authority
shall represent, insofar as practicable, the
diversity found in
the children in the legal custody of the
department of youth
services. In appointing the five members, the director shall ensure
that the appointments include all of the following: (1) At least four members who have five or more years
of
experience in criminal justice, juvenile justice, or an equivalent
relevant
profession; (2) At least one member who has experience in victim
services or advocacy or who has been a victim of a crime or is a
family member of a victim; (3) At least one member who has experience in direct
care
services to delinquent children; (4) At least one member who holds a juris doctor degree
from
an accredited college or university. (C) The initial
appointments of members of the release
authority shall be for a
term of six years for the chairperson and
one member, a term of
four years for two members, and a term of
two years for one
member. Thereafter, members shall be appointed
for six-year
terms. At the conclusion of a term, a member shall
hold office
until the appointment and qualification of the
member's
successor. The director shall fill a vacancy occurring
before
the expiration of a term for the remainder of that term
and, if a
member is on extended leave or
disability status for
more
than thirty work
days, may appoint an interim member to
fulfill
the duties of that
member.
A member may be reappointed,
but a
member may serve no more than two
consecutive terms
regardless of
the length of the member's initial term. A
member
may be removed
for good
cause by the director. (D) The director of youth services
shall designate as
chairperson of the release authority one of
the members who has
experience in criminal justice, juvenile
justice, or an equivalent
relevant profession. The chairperson
shall be a managing officer
of the department,
shall supervise the members of the board and
the other staff in the bureau,
and shall perform all duties and
functions necessary
to
ensure that the release authority
discharges its responsibilities. The
chairperson
shall serve as
the official spokesperson for the release
authority. For the purposes of transacting the official business of the
release authority, a majority of the members of the release
authority
shall constitute a quorum. A majority vote of the
quorum shall
determine the actions of the release authority.
(E) The release
authority shall do all of the following: (1) Serve as the final and sole authority for making
decisions, in the interests of public safety and the children
involved, regarding the release and
discharge of all children
committed to the legal custody of the
department of youth
services, except children placed by a juvenile
court on judicial
release to court supervision or on judicial release
to
department of youth services supervision,
children who have
not
completed a prescribed minimum period of time or prescribed period
of time
in a secure facility, or children who are required to
remain in a secure
facility until they attain twenty-one years of
age; (2) Establish written policies and procedures for conducting
reviews of the status for all youth in the custody of
the
department, setting or modifying dates of release and
discharge,
specifying the duration, terms, and
conditions of release to be
carried out in supervised release subject to the
addition of
additional consistent terms and conditions by a court in
accordance with section 5139.51 of the Revised Code,
and giving a
child notice of all reviews; (3) Maintain records of its official actions,
decisions,
orders, and hearing summaries and make the records
accessible in
accordance with division
(D) of section 5139.05 of the Revised
Code; (4) Cooperate with public and private agencies,
communities,
private groups, and individuals for the development
and
improvement of its services; (5) Collect, develop, and maintain statistical
information
regarding its services and decisions; (6) Submit to the director an annual report that includes
a
description of the operations of the release authority, an
evaluation
of its effectiveness, recommendations for statutory,
budgetary,
or other changes necessary to improve its
effectiveness, and any
other information required by the director. (F) The release
authority may do any of the following: (1) Conduct inquiries, investigations, and reviews
and hold
hearings and other proceedings necessary to properly
discharge its
responsibilities; (2) Issue subpoenas, enforceable in a court of law, to
compel a person to appear, give testimony, or produce
documentary
information or other tangible items relating to a
matter under
inquiry, investigation, review, or hearing; (3) Administer oaths and receive testimony of persons
under
oath; (4) Request assistance, services, and information from
a
public agency to enable the authority to discharge its
responsibilities and receive the assistance, services, and
information from
the public agency in a reasonable period of time; (5) Request from a public agency or any other entity that
provides or has provided services to a child committed to the
department's legal custody information to enable the release
authority to properly discharge its responsibilities with
respect
to that child and receive the information from the public agency
or
other entity in a reasonable period of time. (G)
The
release authority may delegate responsibilities to
hearing
officers or other designated staff under the release
authority's
auspices. However, the release authority shall
not
delegate its authority
to
make final decisions regarding policy or
the release of a
child. (H) The release authority shall adopt a written policy and
procedures governing appeals
of its release and discharge
decisions.
(I)(H) The legal staff
of the department of youth services
shall provide assistance
to
the release authority in the
formulation of policy and in its
handling of individual cases.
Sec. 5139.53. (A)(1) The
director of youth services shall
designate certain employees of
the department of youth services,
including regional
administrators, as persons who are authorized,
in accordance with
section 5139.52 of the Revised Code, to execute
an order of
apprehension or a warrant for, or otherwise to arrest,
children in the custody
of
the department who are violating or are
alleged to have violated the terms and
conditions of supervised
release or judicial release to
department of youth services
supervision. (2) The director of youth services
shall
may designate some
of the employees
designated under division (A)(1) of this
section
as employees authorized to carry a firearm issued by the
department while on duty for their protection in carrying out
official duties. (B)(1) An employee of the department designated by the
director pursuant to division
(A)(1) of this section as
having the
authority to execute orders of apprehension or
warrants and to
arrest children as described in that division
shall not undertake
an arrest until the employee has
successfully completed training
courses regarding the making of
arrests by employees of that
nature that are developed in cooperation with
and approved by the
executive director of the
Ohio peace officer training
commission.
The courses shall include, but shall not be limited
to, training
in arrest tactics, defensive tactics, the use of
force, and
response tactics. (2) The director of youth
services shall develop, and shall
submit to the governor for the
governor's approval, a deadly force
policy for the department.
The deadly force policy shall require
each employee who is
designated under division
(A)(2) of this
section to carry
a firearm in the discharge of official duties to
receive
training in the use of deadly force, shall specify the
number of
hours and the general content of the training in the use
of
deadly force that each of the designated employees must
receive,
and shall specify the procedures that must be followed
after the
use of deadly force by any of the designated employees.
Upon
receipt of the policy developed by the director under this
division, the governor, in writing, promptly shall approve or
disapprove the policy. If the governor, in writing, disapproves
the policy, the director shall develop and resubmit a new policy
under this division, and no employee shall be trained under the
disapproved policy. If the governor, in writing, approves the
policy, the director shall adopt it as a department policy and
shall distribute it to each employee designated under
(A)(2) of
this section to carry
a firearm in the discharge of official
duties. An employee designated by the
director pursuant to
division
(A)(2) of this section to carry a firearm in the
discharge of
official duties shall not carry a firearm until the
employee has successfully
completed both of the following: (a) Training in the use of deadly force that
comports with
the policy approved by the governor and developed
and adopted by
the director under division
(B)(2) of this section. The
training
required by this division shall be conducted at a
training school
approved by the
Ohio peace officer training
commission and shall
be in addition to the training described in
divisions (B)(1) and
(2)(b) of this section that the employee
must complete prior to
undertaking an arrest and separate from
and independent of the
training required by division
(B)(2)(b)
of this section. (b) A basic firearm training
program that is conducted at a
training school approved by the
Ohio peace officer training
commission and that is substantially similar to the basic firearm
training program for peace officers conducted at the
Ohio peace
officer training
academy and has received a certificate of
satisfactory completion of
that program from the executive
director of the
Ohio peace officer training
commission. The
training described in this division that
an employee must complete
prior to carrying a firearm shall be
in addition to the training
described in division
(B)(1) of this section that the
employee
must complete prior to undertaking an arrest. (C) After receipt of
a certificate of satisfactory
completion of a basic firearm
training program, to maintain the
right to carry a firearm in
the discharge of official duties, an
employee authorized under this section to
carry a firearm shall
successfully complete a firearms
requalification program in
accordance with section 109.801 of the Revised Code. (D) Each employee
authorized to carry a firearm shall give
bond to the state to be
approved by the clerk of the court of
common pleas in the county
of that employee's residence. The bond
shall be in the sum of
one thousand dollars, conditioned to save
the public harmless by
reason of the unlawful use of a firearm. A
person injured or the family of a
person killed by the employee's
improper use of a firearm may have recourse on
the bond. (E) In addition to the deadly force policy adopted under
division
(B)(2) of this section, the director of
youth services
shall establish policies for the carrying and use
of firearms by
the employees that the director designates under
this section.
Section 2. That existing sections 2151.18, 2151.28, 2151.314,
2151.354, 2151.38, 2151.87, 2152.10, 2152.13, 2152.14, 2152.16,
2152.17,
2152.18, 2152.19, 2152.22, 2152.71, 2152.82, 2152.83,
2152.84, 2301.03, 2927.02, 2950.01, 2950.04, 2950.09, 2950.14,
5139.05,
5139.06,
5139.50, and 5139.53
of the Revised Code are
hereby
repealed.
Section 3. The General Assembly hereby encourages the Supreme
Court to amend the Juvenile Rules to make clear that, while a
magistrate may not try or
sentence a case involving an alleged or
adjudicated serious
youthful offender, a magistrate may handle
ministerial duties in
that type of case, including arraignment and
setting bail.
Section 4. (A) If a person desiring to
become a candidate at
the general election to be held on November
5, 2002, for election
to the judgeship of the Muskingum County
Court of Common Pleas,
division of domestic relations, whose term
begins on January 2,
2003, has filed a nominating petition and
statement of candidacy,
as provided in section 3513.261 of the
Revised Code, before the
effective date of this act, the person
shall not be required to
file a new nominating petition and
statement of candidacy for the
judgeship as a result of the
amendment of section 2301.03 of the
Revised Code by this act that
changes the powers of that
judgeship. (B) Notwithstanding sections 3513.05 and 3513.257 of the
Revised Code, a person desiring to become a candidate at the
general election to be held on November 5, 2002, for election to
the judgeship of the Muskingum County Court of Common Pleas,
division of domestic relations, whose term begins on January 2,
2003, may file a nominating petition and statement of candidacy,
as provided in section 3513.261 of the Revised Code, not later
than four p.m. on August 22, 2002. Notwithstanding section
3513.257 of the Revised Code, the nominating petition of each
candidate for this judgeship shall contain a minimum of fifty
signatures of qualified electors of Muskingum
County, except that
no nominating petition shall be accepted for
filing or filed if
the petition appears on its face to contain or
is known to contain
signatures aggregating in number more than one hundred fifty. The
nominating petitions of candidates for
this judgeship shall be
processed as set forth in section
3513.263 of the Revised Code.
The names of the candidates, whose
petition papers shall be
determined by the board with which the
petitions were filed to be
valid, shall be printed on the ballot
as set forth in section
3505.04 of the Revised Code.
Section 5. (A) Section 2152.17 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. 222
of the
123rd
General Assembly. Paragraphs of former section
2151.355 of
the
Revised Code containing S.B. 222 amendments were
transferred
to
section 2152.17 of the Revised Code by Am. Sub.
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 2152.17
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. (B) 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 6. Section 2151.28 of the Revised Code is amended by
this act and also by Sub. H.B. 180 of the 124th General Assembly
(effective May 16, 2002). The amendments of Sub. H.B. 180 are
included in this act without underscore to confirm the intention
to retain them, but are not intended to be effective until May 16,
2002.
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