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To amend sections 2151.23, 2151.31, 2151.314, | 1 |
2152.02, 2152.021, 2152.10, 2152.12, 2152.13, | 2 |
2152.14, 2152.17, 2152.22, 5139.01, 5139.05, | 3 |
5139.06, 5139.20, and 5139.51 and to repeal | 4 |
section 2152.11 of the Revised Code regarding the | 5 |
transfer for criminal prosecution of an alleged | 6 |
delinquent child, the eligibility for imposition | 7 |
of a serious youthful offender dispositional | 8 |
sentence, the commitment of a delinquent child to | 9 |
the Department of Youth Services based on a | 10 |
firearm specification or certain aggravated | 11 |
vehicular homicide specifications, and the | 12 |
granting of a judicial release to a delinquent | 13 |
child. | 14 |
Section 1. That sections 2151.23, 2151.31, 2151.314, 2152.02, | 15 |
2152.021, 2152.10, 2152.12, 2152.13, 2152.14, 2152.17, 2152.22, | 16 |
5139.01, 5139.05, 5139.06, 5139.20, and 5139.51 of the Revised | 17 |
Code be amended to read as follows: | 18 |
Sec. 2151.23. (A) The juvenile court has exclusive original | 19 |
jurisdiction under the Revised Code as follows: | 20 |
(1) Concerning any child who on or about the date specified | 21 |
in the complaint, indictment, or information is alleged to have | 22 |
violated section 2151.87 of the Revised Code or an order issued | 23 |
under that section or to be a juvenile traffic offender or a | 24 |
delinquent, unruly, abused, neglected, or dependent child and, | 25 |
based on and in relation to the allegation pertaining to the | 26 |
child, concerning the parent, guardian, or other person having | 27 |
care of a child who is alleged to be an unruly or delinquent child | 28 |
for being an habitual or chronic truant; | 29 |
(2) Subject to divisions (G) and (V) of section 2301.03 of | 30 |
the Revised Code, to determine the custody of any child not a ward | 31 |
of another court of this state; | 32 |
(3) To hear and determine any application for a writ of | 33 |
habeas corpus involving the custody of a child; | 34 |
(4) To exercise the powers and jurisdiction given the probate | 35 |
division of the court of common pleas in Chapter 5122. of the | 36 |
Revised Code, if the court has probable cause to believe that a | 37 |
child otherwise within the jurisdiction of the court is a mentally | 38 |
ill person subject to hospitalization by court order, as defined | 39 |
in section 5122.01 of the Revised Code; | 40 |
(5) To hear and determine all criminal cases charging adults | 41 |
with the violation of any section of this chapter; | 42 |
(6) To hear and determine all criminal cases in which an | 43 |
adult is charged with a violation of division (C) of section | 44 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 45 |
division (B) of section 2919.23, or section 2919.24 of the Revised | 46 |
Code, provided the charge is not included in an indictment that | 47 |
also charges the alleged adult offender with the commission of a | 48 |
felony arising out of the same actions that are the basis of the | 49 |
alleged violation of division (C) of section 2919.21, division | 50 |
(B)(1) of section 2919.22, section 2919.222, division (B) of | 51 |
section 2919.23, or section 2919.24 of the Revised Code; | 52 |
(7) Under the interstate compact on juveniles in section | 53 |
2151.56 of the Revised Code; | 54 |
(8) Concerning any child who is to be taken into custody | 55 |
pursuant to section 2151.31 of the Revised Code, upon being | 56 |
notified of the intent to take the child into custody and the | 57 |
reasons for taking the child into custody; | 58 |
(9) To hear and determine requests for the extension of | 59 |
temporary custody agreements, and requests for court approval of | 60 |
permanent custody agreements, that are filed pursuant to section | 61 |
5103.15 of the Revised Code; | 62 |
(10) To hear and determine applications for consent to marry | 63 |
pursuant to section 3101.04 of the Revised Code; | 64 |
(11) Subject to divisions (G) and (V) of section 2301.03 of | 65 |
the Revised Code, to hear and determine a request for an order for | 66 |
the support of any child if the request is not ancillary to an | 67 |
action for divorce, dissolution of marriage, annulment, or legal | 68 |
separation, a criminal or civil action involving an allegation of | 69 |
domestic violence, or an action for support brought under Chapter | 70 |
3115. of the Revised Code; | 71 |
(12) Concerning an action commenced under section 121.38 of | 72 |
the Revised Code; | 73 |
(13) To hear and determine violations of section 3321.38 of | 74 |
the Revised Code; | 75 |
(14) To exercise jurisdiction and authority over the parent, | 76 |
guardian, or other person having care of a child alleged to be a | 77 |
delinquent child, unruly child, or juvenile traffic offender, | 78 |
based on and in relation to the allegation pertaining to the | 79 |
child; | 80 |
(15) To conduct the hearings, and to make the determinations, | 81 |
adjudications, and orders authorized or required under sections | 82 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding | 83 |
a child who has been adjudicated a delinquent child and to refer | 84 |
the duties conferred upon the juvenile court judge under sections | 85 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to | 86 |
magistrates appointed by the juvenile court judge in accordance | 87 |
with Juvenile Rule 40. | 88 |
(B) Except as provided in divisions (G) and (I) of section | 89 |
2301.03 of the Revised Code, the juvenile court has original | 90 |
jurisdiction under the Revised Code: | 91 |
(1) To hear and determine all cases of misdemeanors charging | 92 |
adults with any act or omission with respect to any child, which | 93 |
act or omission is a violation of any state law or any municipal | 94 |
ordinance; | 95 |
(2) To determine the paternity of any child alleged to have | 96 |
been born out of wedlock pursuant to sections 3111.01 to 3111.18 | 97 |
of the Revised Code; | 98 |
(3) Under the uniform interstate family support act in | 99 |
Chapter 3115. of the Revised Code; | 100 |
(4) To hear and determine an application for an order for the | 101 |
support of any child, if the child is not a ward of another court | 102 |
of this state; | 103 |
(5) To hear and determine an action commenced under section | 104 |
3111.28 of the Revised Code; | 105 |
(6) To hear and determine a motion filed under section | 106 |
3119.961 of the Revised Code; | 107 |
(7) To receive filings under section 3109.74 of the Revised | 108 |
Code, and to hear and determine actions arising under sections | 109 |
3109.51 to 3109.80 of the Revised Code. | 110 |
(8) To enforce an order for the return of a child made under | 111 |
the Hague Convention on the Civil Aspects of International Child | 112 |
Abduction pursuant to section 3127.32 of the Revised Code; | 113 |
(9) To grant any relief normally available under the laws of | 114 |
this state to enforce a child custody determination made by a | 115 |
court of another state and registered in accordance with section | 116 |
3127.35 of the Revised Code. | 117 |
(C) The juvenile court, except as to juvenile courts that are | 118 |
a separate division of the court of common pleas or a separate and | 119 |
independent juvenile court, has jurisdiction to hear, determine, | 120 |
and make a record of any action for divorce or legal separation | 121 |
that involves the custody or care of children and that is filed in | 122 |
the court of common pleas and certified by the court of common | 123 |
pleas with all the papers filed in the action to the juvenile | 124 |
court for trial, provided that no certification of that nature | 125 |
shall be made to any juvenile court unless the consent of the | 126 |
juvenile judge first is obtained. After a certification of that | 127 |
nature is made and consent is obtained, the juvenile court shall | 128 |
proceed as if the action originally had been begun in that court, | 129 |
except as to awards for spousal support or support due and unpaid | 130 |
at the time of certification, over which the juvenile court has no | 131 |
jurisdiction. | 132 |
(D) The juvenile court, except as provided in divisions (G) | 133 |
and (I) of section 2301.03 of the Revised Code, has jurisdiction | 134 |
to hear and determine all matters as to custody and support of | 135 |
children duly certified by the court of common pleas to the | 136 |
juvenile court after a divorce decree has been granted, including | 137 |
jurisdiction to modify the judgment and decree of the court of | 138 |
common pleas as the same relate to the custody and support of | 139 |
children. | 140 |
(E) The juvenile court, except as provided in divisions (G) | 141 |
and (I) of section 2301.03 of the Revised Code, has jurisdiction | 142 |
to hear and determine the case of any child certified to the court | 143 |
by any court of competent jurisdiction if the child comes within | 144 |
the jurisdiction of the juvenile court as defined by this section. | 145 |
(F)(1) The juvenile court shall exercise its jurisdiction in | 146 |
child custody matters in accordance with sections 3109.04 and | 147 |
3127.01 to 3127.53 of the Revised Code and, as applicable, | 148 |
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised | 149 |
Code. | 150 |
(2) The juvenile court shall exercise its jurisdiction in | 151 |
child support matters in accordance with section 3109.05 of the | 152 |
Revised Code. | 153 |
(G) Any juvenile court that makes or modifies an order for | 154 |
child support shall comply with Chapters 3119., 3121., 3123., and | 155 |
3125. of the Revised Code. If any person required to pay child | 156 |
support under an order made by a juvenile court on or after April | 157 |
15, 1985, or modified on or after December 1, 1986, is found in | 158 |
contempt of court for failure to make support payments under the | 159 |
order, the court that makes the finding, in addition to any other | 160 |
penalty or remedy imposed, shall assess all court costs arising | 161 |
out of the contempt proceeding against the person and require the | 162 |
person to pay any reasonable attorney's fees of any adverse party, | 163 |
as determined by the court, that arose in relation to the act of | 164 |
contempt. | 165 |
(H) If a child who is charged with an act that would be | 166 |
felony offense of violence if committed by an adult was fourteen | 167 |
years of age or older and under eighteen years of age at the time | 168 |
of the alleged
act and | 169 |
prosecution pursuant to division (A)(1) of section 2152.12 of the | 170 |
Revised Code or if a complaint is filed against a person and the | 171 |
case is transferred for criminal prosecution pursuant to division | 172 |
(A)(2) of that section in the circumstances described in division | 173 |
(C)(5) of section 2152.02 of the Revised Code, the juvenile court | 174 |
does not have jurisdiction to hear or determine the case | 175 |
subsequent to the transfer. The court to which the case is | 176 |
transferred for criminal prosecution pursuant to | 177 |
2152.12 of the Revised Code has jurisdiction subsequent to the | 178 |
transfer to hear and determine the case in the same manner as if | 179 |
the case originally had been commenced in that court, including, | 180 |
but not limited to, jurisdiction to accept a plea of guilty or | 181 |
another plea authorized by Criminal Rule 11 or another section of | 182 |
the Revised Code and jurisdiction to accept a verdict and to enter | 183 |
a judgment of conviction pursuant to the Rules of Criminal | 184 |
Procedure against the child for the commission of the offense that | 185 |
was the basis of the transfer of the case for criminal | 186 |
prosecution, whether the conviction is for the same degree or a | 187 |
lesser degree of the offense charged, for the commission of a | 188 |
lesser-included offense, or for the commission of another offense | 189 |
that is different from the offense charged. | 190 |
(I) If a person under eighteen years of age allegedly commits | 191 |
an act that would be a felony if committed by an adult and if the | 192 |
person is not taken into custody or apprehended for that act until | 193 |
after the person attains twenty-one years of age, the juvenile | 194 |
court does not have jurisdiction to hear or determine any portion | 195 |
of the case charging the person with committing that act. In those | 196 |
circumstances,
| 197 |
of the
Revised Code | 198 |
case charging the person with committing the act shall be a | 199 |
criminal prosecution commenced and heard in the appropriate court | 200 |
having jurisdiction of the offense as if the person had been | 201 |
eighteen years of age or older when the person committed the act. | 202 |
All proceedings pertaining to the act shall be within the | 203 |
jurisdiction of the court having jurisdiction of the offense, and | 204 |
that court has all the authority and duties in the case that it | 205 |
has in other criminal cases in that court. | 206 |
Sec. 2151.31. (A) A child may be taken into custody in any | 207 |
of the following ways: | 208 |
(1) Pursuant to an order of the court under this chapter or | 209 |
pursuant to an order of the court upon a motion filed pursuant to | 210 |
division (B) of section 2930.05 of the Revised Code; | 211 |
(2) Pursuant to the laws of arrest; | 212 |
(3) By a law enforcement officer or duly authorized officer | 213 |
of the court when any of the following conditions are present: | 214 |
(a) There are reasonable grounds to believe that the child is | 215 |
suffering from illness or injury and is not receiving proper care, | 216 |
as described in section 2151.03 of the Revised Code, and the | 217 |
child's removal is necessary to prevent immediate or threatened | 218 |
physical or emotional harm; | 219 |
(b) There are reasonable grounds to believe that the child is | 220 |
in immediate danger from the child's surroundings and that the | 221 |
child's removal is necessary to prevent immediate or threatened | 222 |
physical or emotional harm; | 223 |
(c) There are reasonable grounds to believe that a parent, | 224 |
guardian, custodian, or other household member of the child's | 225 |
household has abused or neglected another child in the household | 226 |
and to believe that the child is in danger of immediate or | 227 |
threatened physical or emotional harm from that person. | 228 |
(4) By an enforcement official, as defined in section 4109.01 | 229 |
of the Revised Code, under the circumstances set forth in section | 230 |
4109.08 of the Revised Code; | 231 |
(5) By a law enforcement officer or duly authorized officer | 232 |
of the court when there are reasonable grounds to believe that the | 233 |
child has run away from the child's parents, guardian, or other | 234 |
custodian; | 235 |
(6) By a law enforcement officer or duly authorized officer | 236 |
of the court when any of the following apply: | 237 |
(a) There are reasonable grounds to believe that the conduct, | 238 |
conditions, or surroundings of the child are endangering the | 239 |
health, welfare, or safety of the child. | 240 |
(b) A complaint has been filed with respect to the child | 241 |
under section 2151.27 or 2152.021 of the Revised Code or the child | 242 |
has been indicted under division (A)(2) of section 2152.13 of the | 243 |
Revised Code or charged by information as described in that | 244 |
section and there are reasonable grounds to believe that the child | 245 |
may abscond or be removed from the jurisdiction of the court. | 246 |
(c) The child is required to appear in court and there are | 247 |
reasonable grounds to believe that the child will not be brought | 248 |
before the court when required. | 249 |
(d) There are reasonable grounds to believe that the child | 250 |
committed a delinquent act and that taking the child into custody | 251 |
is necessary to protect the public interest and safety. | 252 |
(B)(1) The taking of a child into custody is not and shall | 253 |
not be deemed an arrest except for the purpose of determining its | 254 |
validity under the constitution of this state or of the United | 255 |
States. | 256 |
(2) Except as provided in division (C) of section 2151.311 of | 257 |
the Revised Code, a child taken into custody shall not be held in | 258 |
any state correctional institution, county, multicounty, or | 259 |
municipal jail or workhouse, or any other place where any adult | 260 |
convicted of crime, under arrest, or charged with crime is held. | 261 |
(C)(1) Except as provided in division (C)(2) of this section, | 262 |
a child taken into custody shall not be confined in a place of | 263 |
juvenile detention or placed in shelter care prior to the | 264 |
implementation of the court's final order of disposition, unless | 265 |
detention or shelter care is required to protect the child from | 266 |
immediate or threatened physical or emotional harm, because the | 267 |
child is a danger or threat to one or more other persons and is | 268 |
charged with violating a section of the Revised Code that may be | 269 |
violated by an adult, because the child may abscond or be removed | 270 |
from the jurisdiction of the court, because the child has no | 271 |
parents, guardian, or custodian or other person able to provide | 272 |
supervision and care for the child and return the child to the | 273 |
court when required, or because an order for placement of the | 274 |
child in detention or shelter care has been made by the court | 275 |
pursuant to this chapter. | 276 |
(2) A child alleged to be a delinquent child who is taken | 277 |
into custody may be confined in a place of juvenile detention | 278 |
prior to the implementation of the court's final order of | 279 |
disposition if the confinement is authorized under section 2152.04 | 280 |
of the Revised Code or if the child is alleged to be a serious | 281 |
youthful offender under section 2152.13 of the Revised Code and is | 282 |
not released on bond. | 283 |
(D) Upon receipt of notice from a person that the person | 284 |
intends to take an alleged abused, neglected, or dependent child | 285 |
into custody pursuant to division (A)(3) of this section, a | 286 |
juvenile judge or a designated referee may grant by telephone an | 287 |
ex parte emergency order authorizing the taking of the child into | 288 |
custody if there is probable cause to believe that any of the | 289 |
conditions set forth in divisions (A)(3)(a) to (c) of this section | 290 |
are present. The judge or referee shall journalize any ex parte | 291 |
emergency order issued pursuant to this division. If an order is | 292 |
issued pursuant to this division and the child is taken into | 293 |
custody pursuant to the order, a sworn complaint shall be filed | 294 |
with respect to the child before the end of the next business day | 295 |
after the day on which the child is taken into custody and a | 296 |
hearing shall be held pursuant to division (E) of this section and | 297 |
the Juvenile Rules. A juvenile judge or referee shall not grant an | 298 |
emergency order by telephone pursuant to this division until after | 299 |
the judge or referee determines that reasonable efforts have been | 300 |
made to notify the parents, guardian, or custodian of the child | 301 |
that the child may be placed into shelter care and of the reasons | 302 |
for placing the child into shelter care, except that, if the | 303 |
requirement for notification would jeopardize the physical or | 304 |
emotional safety of the child or result in the child being removed | 305 |
from the court's jurisdiction, the judge or referee may issue the | 306 |
order for taking the child into custody and placing the child into | 307 |
shelter care prior to giving notice to the parents, guardian, or | 308 |
custodian of the child. | 309 |
(E) If a judge or referee pursuant to division (D) of this | 310 |
section issues an ex parte emergency order for taking a child into | 311 |
custody, the court shall hold a hearing to determine whether there | 312 |
is probable cause for the emergency order. The hearing shall be | 313 |
held before the end of the next business day after the day on | 314 |
which the emergency order is issued, except that it shall not be | 315 |
held later than seventy-two hours after the emergency order is | 316 |
issued. | 317 |
If the court determines at the hearing that there is not | 318 |
probable cause for the issuance of the emergency order issued | 319 |
pursuant to division (D) of this section, it shall order the child | 320 |
released to the custody of the child's parents, guardian, or | 321 |
custodian. If the court determines at the hearing that there is | 322 |
probable cause for the issuance of the emergency order issued | 323 |
pursuant to division (D) of this section, the court shall do all | 324 |
of the following: | 325 |
(1) Ensure that a complaint is filed or has been filed; | 326 |
(2) Comply with section 2151.419 of the Revised Code; | 327 |
(3) Hold a hearing pursuant to section 2151.314 of the | 328 |
Revised Code to determine if the child should remain in shelter | 329 |
care. | 330 |
(F) If the court determines at the hearing held pursuant to | 331 |
division (E) of this section that there is probable cause to | 332 |
believe that the child is an abused child, as defined in division | 333 |
(A) of section 2151.031 of the Revised Code, the court may do any | 334 |
of the following: | 335 |
(1) Upon the motion of any party, the guardian ad litem, the | 336 |
prosecuting attorney, or an employee of the public children | 337 |
services agency, or its own motion, issue reasonable protective | 338 |
orders with respect to the interviewing or deposition of the | 339 |
child; | 340 |
(2) Order that the child's testimony be videotaped for | 341 |
preservation of the testimony for possible use in any other | 342 |
proceedings in the case; | 343 |
(3) Set any additional conditions with respect to the child | 344 |
or the case involving the child that are in the best interest of | 345 |
the child. | 346 |
(G) This section is not intended, and shall not be construed, | 347 |
to prevent any person from taking a child into custody, if taking | 348 |
the child into custody is necessary in an emergency to prevent the | 349 |
physical injury, emotional harm, or neglect of the child. | 350 |
Sec. 2151.314. (A) When a child is brought before the court | 351 |
or delivered to a place of detention or shelter care designated by | 352 |
the court, the intake or other authorized officer of the court | 353 |
shall immediately make an investigation and shall release the | 354 |
child unless it appears that the child's detention or shelter care | 355 |
is warranted or required under section 2151.31 of the Revised | 356 |
Code. | 357 |
If the child is not so released, a complaint under section | 358 |
2151.27 or 2152.021 or an information under section 2152.13 of the | 359 |
Revised Code shall be filed or an indictment under | 360 |
section 2152.13 of the Revised Code shall be sought and an | 361 |
informal detention or shelter care hearing held promptly, not | 362 |
later than seventy-two hours after the child is placed in | 363 |
detention or shelter care, to determine whether detention or | 364 |
shelter care is required. Reasonable oral or written notice of the | 365 |
time, place, and purpose of the detention or shelter care hearing | 366 |
shall be given to the child and, if they can be found, to the | 367 |
child's parents, guardian, or custodian. In cases in which the | 368 |
complaint alleges a child to be an abused, neglected, or dependent | 369 |
child, the notice given the parents, guardian, or custodian shall | 370 |
inform them that a case plan may be prepared for the child, the | 371 |
general requirements usually contained in case plans, and the | 372 |
possible consequences of the failure to comply with a journalized | 373 |
case plan. | 374 |
Prior to the hearing, the court shall inform the parties of | 375 |
their right to counsel and to appointed counsel or to the services | 376 |
of the county public defender or joint county public defender, if | 377 |
they are indigent, of the child's right to remain silent with | 378 |
respect to any allegation of delinquency, and of the name and | 379 |
telephone number of a court employee who can be contacted during | 380 |
the normal business hours of the court to arrange for the prompt | 381 |
appointment of counsel for any party who is indigent. Unless it | 382 |
appears from the hearing that the child's detention or shelter | 383 |
care is required under the provisions of section 2151.31 of the | 384 |
Revised Code, the court shall order the child's release as | 385 |
provided by section 2151.311 of the Revised Code. If a parent, | 386 |
guardian, or custodian has not been so notified and did not appear | 387 |
or waive appearance at the hearing, upon the filing of an | 388 |
affidavit stating these facts, the court shall rehear the matter | 389 |
without unnecessary delay. | 390 |
(B) When the court conducts a hearing pursuant to division | 391 |
(A) of this section, all of the following apply: | 392 |
(1) The court shall determine whether an alleged abused, | 393 |
neglected, or dependent child should remain or be placed in | 394 |
shelter care; | 395 |
(2) The court shall determine whether there are any relatives | 396 |
of the child who are willing to be temporary custodians of the | 397 |
child. If any relative is willing to be a temporary custodian, the | 398 |
child would otherwise be placed or retained in shelter care, and | 399 |
the appointment is appropriate, the court shall appoint the | 400 |
relative as temporary custodian of the child, unless the court | 401 |
appoints another relative as temporary custodian. If it determines | 402 |
that the appointment of a relative as custodian would not be | 403 |
appropriate, it shall issue a written opinion setting forth the | 404 |
reasons for its determination and give a copy of the opinion to | 405 |
all parties and to the guardian ad litem of the child. | 406 |
The court's consideration of a relative for appointment as a | 407 |
temporary custodian does not make that relative a party to the | 408 |
proceedings. | 409 |
(3) The court shall comply with section 2151.419 of the | 410 |
Revised Code. | 411 |
(C) If a child is in shelter care following the filing of a | 412 |
complaint pursuant to section 2151.27 or 2152.021 of the Revised | 413 |
Code, the filing of an information, or the obtaining of an | 414 |
indictment or following a hearing held pursuant to division (A) of | 415 |
this section, any party, including the public children services | 416 |
agency, and the guardian ad litem of the child may file a motion | 417 |
with the court requesting that the child be released from shelter | 418 |
care. The motion shall state the reasons why the child should be | 419 |
released from shelter care and, if a hearing has been held | 420 |
pursuant to division (A) of this section, any changes in the | 421 |
situation of the child or the parents, guardian, or custodian of | 422 |
the child that have occurred since that hearing and that justify | 423 |
the release of the child from shelter care. Upon the filing of the | 424 |
motion, the court shall hold a hearing in the same manner as under | 425 |
division (A) of this section. | 426 |
(D) Each juvenile court shall designate at least one court | 427 |
employee to assist persons who are indigent in obtaining appointed | 428 |
counsel. The court shall include in each notice given pursuant to | 429 |
division (A) or (C) of this section and in each summons served | 430 |
upon a party pursuant to this chapter, the name and telephone | 431 |
number at which each designated employee can be contacted during | 432 |
the normal business hours of the court to arrange for prompt | 433 |
appointment of counsel for indigent persons. | 434 |
Sec. 2152.02. As used in this chapter: | 435 |
(A) "Act charged" means the act that is identified in a | 436 |
complaint, indictment, or information alleging that a child is a | 437 |
delinquent child. | 438 |
(B) "Admitted to a department of youth services facility" | 439 |
includes admission to a facility operated, or contracted for, by | 440 |
the department and admission to a comparable facility outside this | 441 |
state by another state or the United States. | 442 |
(C)(1) "Child" means a person who is under eighteen years of | 443 |
age, except as otherwise provided in divisions (C)(2) to (6) of | 444 |
this section. | 445 |
(2) Subject to division (C)(3) of this section, any person | 446 |
who violates a federal or state law or a municipal ordinance prior | 447 |
to attaining eighteen years of age shall be deemed a "child" | 448 |
irrespective of that person's age at the time the complaint with | 449 |
respect to that violation is filed or the hearing on the complaint | 450 |
is held. | 451 |
(3) Any person who, while under eighteen years of age, | 452 |
commits an act that would be a felony if committed by an adult and | 453 |
who is not taken into custody or apprehended for that act until | 454 |
after the person attains twenty-one years of age is not a child in | 455 |
relation to that act. | 456 |
(4) Any person whose case is transferred for criminal | 457 |
prosecution pursuant to section 2152.12 of the Revised Code shall | 458 |
be deemed after the transfer not to be a child in the transferred | 459 |
case. | 460 |
(5) Any person whose case is transferred for criminal | 461 |
prosecution pursuant to section 2152.12 of the Revised Code and | 462 |
who subsequently is convicted of or pleads guilty to a felony in | 463 |
that case, and any person who is adjudicated a delinquent child | 464 |
for the commission of an act, who has a serious youthful offender | 465 |
dispositional sentence imposed for the act pursuant to section | 466 |
2152.13 of the Revised Code, and whose adult portion of the | 467 |
dispositional sentence is invoked pursuant to section 2152.14 of | 468 |
the Revised Code, shall be deemed after the transfer or invocation | 469 |
not to be a child in any case in which a complaint is filed | 470 |
against the person. | 471 |
(6) The juvenile court has jurisdiction over a person who is | 472 |
adjudicated a delinquent child or juvenile traffic offender prior | 473 |
to attaining eighteen years of age until the person attains | 474 |
twenty-one years of age, and, for purposes of that jurisdiction | 475 |
related to that adjudication, except as otherwise provided in this | 476 |
division, a person who is so adjudicated a delinquent child or | 477 |
juvenile traffic offender shall be deemed a "child" until the | 478 |
person attains twenty-one years of age. If a person is so | 479 |
adjudicated a delinquent child or juvenile traffic offender and | 480 |
the court makes a disposition of the person under this chapter, at | 481 |
any time after the person attains eighteen years of age, the | 482 |
places at which the person may be held under that disposition are | 483 |
not limited to places authorized under this chapter solely for | 484 |
confinement of children, and the person may be confined under that | 485 |
disposition, in accordance with division (F)(2) of section 2152.26 | 486 |
of the Revised Code, in places other than those authorized under | 487 |
this chapter solely for confinement of children. | 488 |
(D) "Chronic truant" means any child of compulsory school age | 489 |
who is absent without legitimate excuse for absence from the | 490 |
public school the child is supposed to attend for seven or more | 491 |
consecutive school days, ten or more school days in one school | 492 |
month, or fifteen or more school days in a school year. | 493 |
(E) "Community corrections facility," "public safety beds," | 494 |
"release authority," and "supervised release" have the same | 495 |
meanings as in section 5139.01 of the Revised Code. | 496 |
(F) "Delinquent child" includes any of the following: | 497 |
(1) Any child, except a juvenile traffic offender, who | 498 |
violates any law of this state or the United States, or any | 499 |
ordinance of a political subdivision of the state, that would be | 500 |
an offense if committed by an adult; | 501 |
(2) Any child who violates any lawful order of the court made | 502 |
under this chapter or under Chapter 2151. of the Revised Code | 503 |
other than an order issued under section 2151.87 of the Revised | 504 |
Code; | 505 |
(3) Any child who violates division (C) of section 2907.39, | 506 |
division (A) of section 2923.211, or division (C)(1) or (D) of | 507 |
section 2925.55 of the Revised Code; | 508 |
(4) Any child who is a habitual truant and who previously has | 509 |
been adjudicated an unruly child for being a habitual truant; | 510 |
(5) Any child who is a chronic truant. | 511 |
(G) | 512 |
513 | |
514 |
| 515 |
disposition" means a case in which the juvenile court, in the | 516 |
juvenile court's discretion, may impose a serious youthful | 517 |
offender | 518 |
of the Revised Code. | 519 |
| 520 |
521 | |
522 |
| 523 |
"minor drug possession offense" have the same meanings as in | 524 |
section 2925.01 of the Revised Code. | 525 |
| 526 |
device" have the same meanings as in section 2929.01 of the | 527 |
Revised Code. | 528 |
| 529 |
by a victim of a delinquent act or juvenile traffic offense as a | 530 |
direct and proximate result of the delinquent act or juvenile | 531 |
traffic offense and includes any loss of income due to lost time | 532 |
at work because of any injury caused to the victim and any | 533 |
property loss, medical cost, or funeral expense incurred as a | 534 |
result of the delinquent act or juvenile traffic offense. | 535 |
"Economic loss" does not include non-economic loss or any punitive | 536 |
or exemplary damages. | 537 |
| 538 |
of the Revised Code. | 539 |
| 540 |
violates any traffic law, traffic ordinance, or traffic regulation | 541 |
of this state, the United States, or any political subdivision of | 542 |
this state, other than a resolution, ordinance, or regulation of a | 543 |
political subdivision of this state the violation of which is | 544 |
required to be handled by a parking violations bureau or a joint | 545 |
parking violations bureau pursuant to Chapter 4521. of the Revised | 546 |
Code. | 547 |
| 548 |
school the child is supposed to attend" has the same meaning as in | 549 |
section 2151.011 of the Revised Code. | 550 |
| 551 |
552 | |
553 |
| 554 |
555 | |
556 |
| 557 |
558 | |
559 |
| 560 |
5122.01 of the Revised Code. | 561 |
| 562 |
section 5123.01 of the Revised Code. | 563 |
| 564 |
the same meanings as in section 2929.01 of the Revised Code. | 565 |
| 566 |
section 3321.01 of the Revised Code. | 567 |
| 568 |
149.43 of the Revised Code. | 569 |
| 570 |
eligible for a | 571 |
offender disposition but who is not transferred to adult court | 572 |
under
| 573 |
Revised Code. | 574 |
| 575 |
registrant," "child-victim oriented offense," "tier I sex | 576 |
offender/child-victim offender," "tier II sex | 577 |
offender/child-victim offender," "tier III sex | 578 |
offender/child-victim offender," and "public registry-qualified | 579 |
juvenile offender registrant" have the same meanings as in section | 580 |
2950.01 of the Revised Code. | 581 |
| 582 |
583 | |
584 | |
sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised | 585 |
Code | 586 |
transferred to adult court under
section | 587 |
Revised Code. | 588 |
| 589 |
prosecution of a case involving the alleged commission by a child | 590 |
of an act
that
would be | 591 |
committed by an adult from the juvenile court to the appropriate | 592 |
court that has jurisdiction of the offense or the transfer for | 593 |
criminal prosecution of a case when the person charged with the | 594 |
offense is deemed not to be a child in the circumstances described | 595 |
in division (C)(5) of section 2152.02 of the Revised Code from the | 596 |
juvenile court to the appropriate court that has jurisdiction of | 597 |
the offense in the case. | 598 |
| 599 |
| 600 |
601 |
| 602 |
603 |
| 604 |
| 605 |
606 |
| 607 |
608 |
| 609 |
610 |
| 611 |
by a victim of a delinquent act or juvenile traffic offense as a | 612 |
result of or related to the delinquent act or juvenile traffic | 613 |
offense, including, but not limited to, pain and suffering; loss | 614 |
of society, consortium, companionship, care, assistance, | 615 |
attention, protection, advice, guidance, counsel, instruction, | 616 |
training, or education; mental anguish; and any other intangible | 617 |
loss. | 618 |
Sec. 2152.021. (A)(1) Subject to division (A)(2) of this | 619 |
section, any person having knowledge of a child who appears to be | 620 |
a juvenile traffic offender or to be a delinquent child may file a | 621 |
sworn complaint with respect to that child in the juvenile court | 622 |
of the county in which the child has a residence or legal | 623 |
settlement or in which the traffic offense or delinquent act | 624 |
allegedly occurred. The sworn complaint may be upon information | 625 |
and belief, and, in addition to the allegation that the child is a | 626 |
delinquent child or a juvenile traffic offender, the complaint | 627 |
shall allege the particular facts upon which the allegation that | 628 |
the child is a delinquent child or a juvenile traffic offender is | 629 |
based. | 630 |
If a child appears to be a delinquent child who is eligible | 631 |
under section 2152.13 of the Revised Code for a serious youthful | 632 |
offender | 633 |
634 | |
to seek a serious youthful offender dispositional sentence under | 635 |
that
section | 636 |
the prosecuting attorney of the county in which the alleged | 637 |
delinquency occurs may initiate a case in the juvenile court of | 638 |
the county by presenting the case to a grand jury for indictment, | 639 |
by charging the child in a bill of information as a serious | 640 |
youthful offender pursuant to section 2152.13 of the Revised Code, | 641 |
by requesting a serious youthful offender dispositional sentence | 642 |
in the original complaint alleging that the child is a delinquent | 643 |
child, or by filing with the juvenile court a written notice of | 644 |
intent to seek a serious youthful offender dispositional sentence. | 645 |
(2) Any person having knowledge of a child who appears to be | 646 |
a delinquent child for being an habitual or chronic truant may | 647 |
file a sworn complaint with respect to that child and the parent, | 648 |
guardian, or other person having care of the child in the juvenile | 649 |
court of the county in which the child has a residence or legal | 650 |
settlement or in which the child is supposed to attend public | 651 |
school. The sworn complaint may be upon information and belief and | 652 |
shall contain the following allegations: | 653 |
(a) That the child is a delinquent child for being a chronic | 654 |
truant or an habitual truant who previously has been adjudicated | 655 |
an unruly child for being a habitual truant and, in addition, the | 656 |
particular facts upon which that allegation is based; | 657 |
(b) That the parent, guardian, or other person having care of | 658 |
the child has failed to cause the child's attendance at school in | 659 |
violation of section 3321.38 of the Revised Code and, in addition, | 660 |
the particular facts upon which that allegation is based. | 661 |
(B) Any person with standing under applicable law may file a | 662 |
complaint for the determination of any other matter over which the | 663 |
juvenile court is given jurisdiction by section 2151.23 of the | 664 |
Revised Code. The complaint shall be filed in the county in which | 665 |
the child who is the subject of the complaint is found or was last | 666 |
known to be found. | 667 |
(C) Within ten days after the filing of a complaint or the | 668 |
issuance of an indictment, the court shall give written notice of | 669 |
the filing of the complaint or the issuance of an indictment and | 670 |
of the substance of the complaint or indictment to the | 671 |
superintendent of a city, local, exempted village, or joint | 672 |
vocational school district if the complaint or indictment alleges | 673 |
that a child committed an act that would be a criminal offense if | 674 |
committed by an adult, that the child was sixteen years of age or | 675 |
older at the time of the commission of the alleged act, and that | 676 |
the alleged act is any of the following: | 677 |
(1) A violation of section 2923.122 of the Revised Code that | 678 |
relates to property owned or controlled by, or to an activity held | 679 |
under the auspices of, the board of education of that school | 680 |
district; | 681 |
(2) A violation of section 2923.12 of the Revised Code, of a | 682 |
substantially similar municipal ordinance, or of section 2925.03 | 683 |
of the Revised Code that was committed on property owned or | 684 |
controlled by, or at an activity held under the auspices of, the | 685 |
board of education of that school district; | 686 |
(3) A violation of section 2925.11 of the Revised Code that | 687 |
was committed on property owned or controlled by, or at an | 688 |
activity held under the auspices of, the board of education of | 689 |
that school district, other than a violation of that section that | 690 |
would be a minor drug possession offense if committed by an adult; | 691 |
(4) A violation of section 2903.01, 2903.02, 2903.03, | 692 |
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised | 693 |
Code, or a violation of former section 2907.12 of the Revised | 694 |
Code, that was committed on property owned or controlled by, or at | 695 |
an activity held under the auspices of, the board of education of | 696 |
that school district, if the victim at the time of the commission | 697 |
of the alleged act was an employee of the board of education of | 698 |
that school district; | 699 |
(5) Complicity in any violation described in division (C)(1), | 700 |
(2), (3), or (4) of this section that was alleged to have been | 701 |
committed in the manner described in division (C)(1), (2), (3), or | 702 |
(4) of this section, regardless of whether the act of complicity | 703 |
was committed on property owned or controlled by, or at an | 704 |
activity held under the auspices of, the board of education of | 705 |
that school district. | 706 |
(D) A public children services agency, acting pursuant to a | 707 |
complaint or an action on a complaint filed under this section, is | 708 |
not subject to the requirements of section 3127.23 of the Revised | 709 |
Code. | 710 |
(E) For purposes of the record to be maintained by the clerk | 711 |
under division (B) of section 2152.71 of the Revised Code, when a | 712 |
complaint is filed that alleges that a child is a delinquent | 713 |
child, the court shall determine if the victim of the alleged | 714 |
delinquent act was sixty-five years of age or older or permanently | 715 |
and totally disabled at the time of the alleged commission of the | 716 |
act. | 717 |
Sec. 2152.10. (A) A child who is alleged to be a delinquent | 718 |
child | 719 |
720 | |
721 |
| 722 |
723 |
| 724 |
725 |
| 726 |
727 | |
728 | |
729 | |
730 |
| 731 |
732 | |
733 | |
734 |
| 735 |
736 | |
737 | |
738 |
| 739 |
740 | |
741 | |
742 | |
743 |
| 744 |
745 |
| 746 |
747 | |
act
charged, and | 748 |
would be a
felony
offense of violence if committed by an adult | 749 |
750 | |
appropriate court for criminal prosecution. In determining whether | 751 |
to transfer the child for criminal prosecution, the juvenile court | 752 |
shall follow the procedures in section 2152.12 of the Revised | 753 |
Code. If the court does not transfer the child and if the court | 754 |
adjudicates the child to be a delinquent child for the act | 755 |
charged, the court shall issue an order of disposition in | 756 |
accordance with | 757 |
(B) If a complaint is filed against a person who is deemed | 758 |
not to be a child in the circumstances described in division | 759 |
(C)(5) of section 2152.02 of the Revised Code, the person is | 760 |
eligible for transfer, and the case shall be transferred to the | 761 |
appropriate court for criminal prosecution. | 762 |
Sec. 2152.12. (A)(1) | 763 |
764 | |
765 | |
766 | |
767 | |
768 | |
769 | |
770 | |
771 | |
772 | |
773 | |
774 | |
775 |
| 776 |
777 | |
778 | |
779 | |
780 | |
781 |
| 782 |
783 | |
784 |
| 785 |
786 | |
787 | |
788 |
| 789 |
790 | |
791 | |
792 | |
793 | |
794 | |
795 | |
796 |
| 797 |
After a complaint has been filed alleging that a child is a | 798 |
delinquent child for committing an act that would be a felony | 799 |
offense of violence if committed by an adult, the juvenile court | 800 |
at a hearing may transfer the case if the court finds all of the | 801 |
following: | 802 |
| 803 |
time of the act charged. | 804 |
| 805 |
committed the act charged. | 806 |
| 807 |
within the juvenile system, and the safety of the community may | 808 |
require that the child be subject to adult sanctions. In making | 809 |
its decision under this division, the court shall consider whether | 810 |
the applicable factors under division | 811 |
indicating that the case should be transferred outweigh the | 812 |
applicable
factors under division | 813 |
indicating that the case should not be transferred. The record | 814 |
shall indicate the specific factors that were applicable and that | 815 |
the court weighed. | 816 |
(2) Independent of the authority to transfer a case under | 817 |
division (A)(1) of this section, the juvenile court shall transfer | 818 |
a case when the person charged is deemed not to be a child in the | 819 |
circumstances described in division (C)(5) of section 2152.02 of | 820 |
the Revised Code. | 821 |
| 822 |
of this section, the juvenile court shall order an investigation, | 823 |
including a mental examination of the child by a public or private | 824 |
agency or a person qualified to make the examination. The child | 825 |
may waive the examination required by this division if the court | 826 |
finds that the waiver is competently and intelligently made. | 827 |
Refusal to submit to a mental examination by the child constitutes | 828 |
a waiver of the examination. | 829 |
| 830 |
division | 831 |
consider the following relevant factors, and any other relevant | 832 |
factors, in favor of a transfer under that division: | 833 |
(1) The victim of the act charged suffered physical or | 834 |
psychological harm, or serious economic harm, as a result of the | 835 |
alleged act. | 836 |
(2) The physical or psychological harm suffered by the victim | 837 |
due to the alleged act of the child was exacerbated because of the | 838 |
physical or psychological vulnerability or the age of the victim. | 839 |
(3) The child's relationship with the victim facilitated the | 840 |
act charged. | 841 |
(4) The child allegedly committed the act charged for hire or | 842 |
as a part of a gang or other organized criminal activity. | 843 |
(5) The child had a firearm on or about the child's person or | 844 |
under the child's control at the time of the act charged, the act | 845 |
charged is not a violation of section 2923.12 of the Revised Code, | 846 |
and the child, during the commission of the act charged, allegedly | 847 |
used or displayed the firearm, brandished the firearm, or | 848 |
indicated that the child possessed a firearm. | 849 |
(6) At the time of the act charged, the child was awaiting | 850 |
adjudication or disposition as a delinquent child, was under a | 851 |
community control sanction, or was on parole for a prior | 852 |
delinquent child adjudication or conviction. | 853 |
(7) The results of any previous juvenile sanctions and | 854 |
programs indicate that rehabilitation of the child will not occur | 855 |
in the juvenile system. | 856 |
(8) The child is emotionally, physically, or psychologically | 857 |
mature enough for the transfer. | 858 |
(9) There is not sufficient time to rehabilitate the child | 859 |
within the juvenile system. | 860 |
| 861 |
division
| 862 |
consider the following relevant factors, and any other relevant | 863 |
factors, against a transfer under that division: | 864 |
(1) The victim induced or facilitated the act charged. | 865 |
(2) The child acted under provocation in allegedly committing | 866 |
the act charged. | 867 |
(3) The child was not the principal actor in the act charged, | 868 |
or, at the time of the act charged, the child was under the | 869 |
negative influence or coercion of another person. | 870 |
(4) The child did not cause physical harm to any person or | 871 |
property, or have reasonable cause to believe that harm of that | 872 |
nature would occur, in allegedly committing the act charged. | 873 |
(5) The child previously has not been adjudicated a | 874 |
delinquent child. | 875 |
(6) The child is not emotionally, physically, or | 876 |
psychologically mature enough for the transfer. | 877 |
(7) The child has a mental illness or is a mentally retarded | 878 |
person. | 879 |
(8) There is sufficient time to rehabilitate the child within | 880 |
the juvenile system and the level of security available in the | 881 |
juvenile system provides a reasonable assurance of public safety. | 882 |
| 883 |
884 | |
885 | |
886 | |
887 | |
888 | |
889 | |
890 | |
891 | |
892 |
| 893 |
894 | |
895 | |
896 |
| 897 |
898 | |
899 | |
900 | |
901 | |
902 | |
903 | |
904 | |
905 | |
906 | |
907 | |
908 | |
909 |
| 910 |
911 | |
912 | |
913 | |
914 | |
915 |
| 916 |
place, and purpose of any hearing held pursuant to division (A) | 917 |
918 | |
other custodian and to the child's counsel at least three days | 919 |
prior to the hearing. | 920 |
| 921 |
years of age, shall be prosecuted as an adult for an offense | 922 |
committed prior to becoming eighteen years of age, unless the | 923 |
person has been transferred as provided in division (A) | 924 |
of
this section or unless division | 925 |
Any prosecution that is had in a criminal court on the mistaken | 926 |
belief that the person who is the subject of the case was eighteen | 927 |
years of age or older at the time of the commission of the offense | 928 |
shall be deemed a nullity, and the person shall not be considered | 929 |
to have been in jeopardy on the offense. | 930 |
| 931 |
932 | |
for
the transfer on the record | 933 |
into a recognizance with good and sufficient surety for the | 934 |
child's appearance before the appropriate court for any | 935 |
disposition that the court is authorized to make for a similar act | 936 |
committed by an adult. The transfer abates the jurisdiction of the | 937 |
juvenile court with respect to the delinquent acts alleged in the | 938 |
complaint, and, upon the transfer, all further proceedings | 939 |
pertaining to the act charged shall be discontinued in the | 940 |
juvenile court, and the case then shall be within the jurisdiction | 941 |
of the court to which it is transferred as described in division | 942 |
(H) of section 2151.23 of the Revised Code. | 943 |
| 944 |
commits an act that would be a felony if committed by an adult and | 945 |
if the person is not taken into custody or apprehended for that | 946 |
act until after the person attains twenty-one years of age, the | 947 |
juvenile court does not have jurisdiction to hear or determine any | 948 |
portion of the case charging the person with committing that act. | 949 |
In those
circumstances, | 950 |
section | 951 |
the person with committing the act shall be a criminal prosecution | 952 |
commenced and heard in the appropriate court having jurisdiction | 953 |
of the offense as if the person had been eighteen years of age or | 954 |
older when the person committed the act. All proceedings | 955 |
pertaining to the act shall be within the jurisdiction of the | 956 |
court having jurisdiction of the offense, and that court has all | 957 |
the authority and duties in the case as it has in other criminal | 958 |
cases in that court. | 959 |
Sec. 2152.13. (A)(1) A child is eligible for a serious | 960 |
youthful offender disposition under this section only if the child | 961 |
is adjudicated a delinquent child for committing an act that would | 962 |
be a felony offense of violence if committed by an adult, was | 963 |
fourteen years of age or older when the act was committed, and was | 964 |
not transferred under section 2152.12 of the Revised Code. | 965 |
(2) A juvenile court may impose a serious youthful offender | 966 |
dispositional sentence on a child only if the prosecuting attorney | 967 |
of the county in which the delinquent act allegedly occurred | 968 |
initiates the process against the child in accordance with this | 969 |
division, and the child is an alleged delinquent child who is | 970 |
eligible under division (A)(1) of this section for | 971 |
972 | |
The prosecuting attorney may initiate the process in any of the | 973 |
following ways: | 974 |
| 975 |
youthful offender; | 976 |
| 977 |
charging the child in a bill of information as a serious youthful | 978 |
offender; | 979 |
| 980 |
requesting a serious youthful offender dispositional sentence in | 981 |
the original complaint alleging that the child is a delinquent | 982 |
child; | 983 |
| 984 |
original complaint does not request a serious youthful offender | 985 |
dispositional sentence, filing with the juvenile court a written | 986 |
notice of intent to seek a serious youthful offender dispositional | 987 |
sentence within twenty days after the later of the following, | 988 |
unless the time is extended by the juvenile court for good cause | 989 |
shown: | 990 |
| 991 |
regarding the complaint; | 992 |
| 993 |
transfer the case under section 2152.12 of the Revised Code. | 994 |
After a written notice is filed under division
(A) | 995 |
of this section, the juvenile court shall serve a copy of the | 996 |
notice on the child and advise the child of the prosecuting | 997 |
attorney's intent to seek a serious youthful offender | 998 |
dispositional sentence in the case. | 999 |
(B) If an alleged delinquent child is not indicted or charged | 1000 |
by
information as described in division (A) | 1001 |
this section and if a notice or complaint as described in division | 1002 |
(A) | 1003 |
prosecuting attorney intends to pursue a serious youthful offender | 1004 |
dispositional sentence in the case, the juvenile court shall hold | 1005 |
a preliminary hearing to determine if there is probable cause that | 1006 |
the child committed the act charged and is | 1007 |
division (A)(1) of this section for | 1008 |
serious youthful offender
| 1009 |
(C)(1) A child for whom a serious youthful offender | 1010 |
dispositional sentence is sought has the right to a grand jury | 1011 |
determination of probable cause that the child committed the act | 1012 |
charged and
that the child is eligible | 1013 |
(A)(1) of this section for a serious youthful offender | 1014 |
1015 | |
impaneled by the court of common pleas or the juvenile court. | 1016 |
Once a child is indicted | 1017 |
juvenile court determines that the child is eligible under | 1018 |
division (A)(1) of this section for a serious youthful offender | 1019 |
1020 | |
open and speedy trial by jury in juvenile court and to be provided | 1021 |
with a transcript of the proceedings. The time within which the | 1022 |
trial is to be held under Title XXIX of the Revised Code commences | 1023 |
on whichever of the following dates is applicable: | 1024 |
(a) If the child is indicted or charged by information, on | 1025 |
the date of the filing of the indictment or information. | 1026 |
(b) If the child is charged by an original complaint that | 1027 |
requests a serious youthful offender dispositional sentence, on | 1028 |
the date of the filing of the complaint. | 1029 |
(c) If the child is not charged by an original complaint that | 1030 |
requests a serious youthful offender dispositional sentence, on | 1031 |
the date that the prosecuting attorney files the written notice of | 1032 |
intent to seek a serious youthful offender dispositional sentence. | 1033 |
(2) If | 1034 |
dispositional sentence is sought is detained awaiting | 1035 |
adjudication, upon indictment or being charged by information, the | 1036 |
child has the same right to bail as an adult charged with the | 1037 |
offense the alleged delinquent act would be if committed by an | 1038 |
adult. Except as provided in division (D) of section 2152.14 of | 1039 |
the Revised Code, all provisions of Title XXIX of the Revised Code | 1040 |
and the Criminal Rules shall apply in the case and to the child. | 1041 |
The juvenile court shall afford the child all rights afforded a | 1042 |
person who is prosecuted for committing a crime including the | 1043 |
right to counsel and the right to raise the issue of competency. | 1044 |
The child may not waive the right to counsel. | 1045 |
(D)(1) | 1046 |
1047 | |
1048 | |
1049 | |
1050 |
| 1051 |
1052 | |
1053 | |
1054 | |
1055 |
| 1056 |
1057 | |
1058 | |
1059 |
| 1060 |
1061 | |
1062 | |
1063 |
| 1064 |
1065 | |
1066 | |
section the child is eligible for a serious youthful offender | 1067 |
1068 | |
disposition, all of the following apply: | 1069 |
(i) If the juvenile court on the record makes a finding that, | 1070 |
given the nature and circumstances of the violation and the | 1071 |
history of the child, the length of time, level of security, and | 1072 |
types of programming and resources available in the juvenile | 1073 |
system alone are not adequate to provide the juvenile court with a | 1074 |
reasonable expectation that the purposes set forth in section | 1075 |
2152.01 of the Revised Code will be met, the juvenile court may | 1076 |
impose upon the child a sentence available for the violation, as | 1077 |
if the child were an adult, under Chapter 2929. of the Revised | 1078 |
Code, except that the juvenile court shall not impose on the child | 1079 |
a sentence of death or life imprisonment without parole. | 1080 |
(ii) If a sentence is imposed under division
(D) | 1081 |
of this section, the juvenile court also shall impose upon the | 1082 |
child one or more traditional juvenile dispositions under sections | 1083 |
2152.16, 2152.19, and 2152.20 and, if applicable, section 2152.17 | 1084 |
of the Revised Code. | 1085 |
(iii) The juvenile court shall stay the adult portion of the | 1086 |
serious youthful offender dispositional sentence pending the | 1087 |
successful completion of the traditional juvenile dispositions | 1088 |
imposed. | 1089 |
(b) If the juvenile court does not find that a sentence | 1090 |
should be
imposed under division
(D) | 1091 |
the juvenile court may impose one or more traditional juvenile | 1092 |
dispositions under sections 2152.16, 2152.19, 2152.20, and, if | 1093 |
applicable, section 2152.17 of the Revised Code. | 1094 |
| 1095 |
dispositional
sentence is imposed under division
(D)(1) | 1096 |
this section has a right to appeal under division (A)(1), (3), | 1097 |
(4), (5), or (6) of section 2953.08 of the Revised Code the adult | 1098 |
portion of the serious youthful offender dispositional sentence | 1099 |
when any of those divisions apply. The child may appeal the adult | 1100 |
portion, and the court shall consider the appeal as if the adult | 1101 |
portion were not stayed. | 1102 |
Sec. 2152.14. (A)(1) The director of youth services may | 1103 |
request the prosecuting attorney of the county in which is located | 1104 |
the juvenile court that imposed a serious youthful offender | 1105 |
dispositional sentence upon a person under section 2152.13 of the | 1106 |
Revised Code to file a motion with that juvenile court to invoke | 1107 |
the adult portion of the dispositional sentence if all of the | 1108 |
following apply to the person: | 1109 |
(a) The person is at least fourteen years of age. | 1110 |
(b) The person is in the institutional custody, or an escapee | 1111 |
from the custody, of the department of youth services. | 1112 |
(c) The person is serving the juvenile portion of the serious | 1113 |
youthful offender dispositional sentence. | 1114 |
(2) The motion shall state that there is reasonable cause to | 1115 |
believe that either of the following misconduct has occurred and | 1116 |
shall state that at least one incident of misconduct of that | 1117 |
nature occurred after the person reached fourteen years of age: | 1118 |
(a) The person committed an act that is a violation of the | 1119 |
rules of the institution and that could be charged as any felony | 1120 |
or as a first degree misdemeanor offense of violence if committed | 1121 |
by an adult. | 1122 |
(b) The person has engaged in conduct that creates a | 1123 |
substantial risk to the safety or security of the institution, the | 1124 |
community, or the victim. | 1125 |
(B) If a person is at least fourteen years of age, is serving | 1126 |
the juvenile portion of a serious youthful offender dispositional | 1127 |
sentence imposed under section 2152.13 of the Revised Code, and is | 1128 |
on parole or aftercare from a department of youth services | 1129 |
facility, or on community control, the director of youth services, | 1130 |
the juvenile court that imposed the serious youthful offender | 1131 |
dispositional sentence on the person, or the probation department | 1132 |
supervising the person may request the prosecuting attorney of the | 1133 |
county in which is located the juvenile court to file a motion | 1134 |
with the juvenile court to invoke the adult portion of the | 1135 |
dispositional sentence. The prosecuting attorney may file a motion | 1136 |
to invoke the adult portion of the dispositional sentence even if | 1137 |
no request is made. The motion shall state that there is | 1138 |
reasonable cause to believe that either of the following occurred | 1139 |
and shall state that at least one incident of misconduct of that | 1140 |
nature occurred after the person reached fourteen years of age: | 1141 |
(1) The person committed an act that is a violation of the | 1142 |
conditions of supervision and that could be charged as any felony | 1143 |
or as a first degree misdemeanor offense of violence if committed | 1144 |
by an adult. | 1145 |
(2) The person has engaged in conduct that creates a | 1146 |
substantial risk to the safety or security of the community or of | 1147 |
the victim. | 1148 |
(C) If the prosecuting attorney declines a request to file a | 1149 |
motion that was made by the department of youth services or the | 1150 |
supervising probation department under division (A) or (B) of this | 1151 |
section or fails to act on a request made under either division by | 1152 |
the department within a reasonable time, the department of youth | 1153 |
services or the supervising probation department may file a motion | 1154 |
of the type described in division (A) or (B) of this section with | 1155 |
the juvenile court to invoke the adult portion of the serious | 1156 |
youthful offender dispositional sentence. If the prosecuting | 1157 |
attorney declines a request to file a motion that was made by the | 1158 |
juvenile court under division (B) of this section or fails to act | 1159 |
on a request from the court under that division within a | 1160 |
reasonable time, the juvenile court may hold the hearing described | 1161 |
in division (D) of this section on its own motion. | 1162 |
(D) Upon the filing of a motion described in division (A), | 1163 |
(B), or (C) of this section, the juvenile court may hold a hearing | 1164 |
to determine whether to invoke the adult portion of a person's | 1165 |
serious juvenile offender dispositional sentence. The juvenile | 1166 |
court shall not invoke the adult portion of the dispositional | 1167 |
sentence without a hearing. At the hearing the person who is the | 1168 |
subject of the serious youthful offender disposition has the right | 1169 |
to be present, to receive notice of the grounds upon which the | 1170 |
adult sentence portion is sought to be invoked, to be represented | 1171 |
by counsel including counsel appointed under Juvenile Rule 4(A), | 1172 |
to be advised on the procedures and protections set forth in the | 1173 |
Juvenile Rules, and to present evidence on the person's own | 1174 |
behalf, including evidence that the person has a mental illness or | 1175 |
is a mentally retarded person. The person may not waive the right | 1176 |
to counsel. The hearing shall be open to the public. If the person | 1177 |
presents evidence that the person has a mental illness or is a | 1178 |
mentally retarded person, the juvenile court shall consider that | 1179 |
evidence in determining whether to invoke the adult portion of the | 1180 |
serious youthful offender dispositional sentence. | 1181 |
(E)(1) The juvenile court may invoke the adult portion of a | 1182 |
person's serious youthful offender dispositional sentence if the | 1183 |
juvenile court finds all of the following on the record by clear | 1184 |
and convincing evidence: | 1185 |
(a) The person is serving the juvenile portion of a serious | 1186 |
youthful offender dispositional sentence. | 1187 |
(b) The person is at least fourteen years of age and has been | 1188 |
admitted to a department of youth services facility, or criminal | 1189 |
charges are pending against the person. | 1190 |
(c) The person engaged in the conduct or acts charged under | 1191 |
division (A), (B), or (C) of this section, and the person's | 1192 |
conduct demonstrates that the person is unlikely to be | 1193 |
rehabilitated during the remaining period of juvenile | 1194 |
jurisdiction. | 1195 |
(2) The court may modify the adult sentence the court invokes | 1196 |
to consist of any lesser prison term that could be imposed for the | 1197 |
offense and, in addition to the prison term or in lieu of the | 1198 |
prison term if the prison term was not mandatory, any community | 1199 |
control sanction that the offender was eligible to receive at | 1200 |
sentencing. | 1201 |
(F) If a juvenile court issues an order invoking the adult | 1202 |
portion of a serious youthful offender dispositional sentence | 1203 |
under division (E) of this section, the juvenile portion of the | 1204 |
dispositional sentence shall terminate, and the department of | 1205 |
youth services shall transfer the person to the department of | 1206 |
rehabilitation and correction or place the person under another | 1207 |
sanction imposed as part of the sentence. The juvenile court shall | 1208 |
state in its order the total number of days that the person has | 1209 |
been held in detention or in a facility operated by, or under | 1210 |
contract with, the department of youth services under the juvenile | 1211 |
portion of the dispositional sentence. The time the person must | 1212 |
serve on a prison term imposed under the adult portion of the | 1213 |
dispositional sentence shall be reduced by the total number of | 1214 |
days specified in the order plus any additional days the person is | 1215 |
held in a juvenile facility or in detention after the order is | 1216 |
issued and before the person is transferred to the custody of the | 1217 |
department of rehabilitation and correction. In no case shall the | 1218 |
total prison term as calculated under this division exceed the | 1219 |
maximum prison term available for an adult who is convicted of | 1220 |
violating the same sections of the Revised Code. | 1221 |
Any community control imposed as part of the adult sentence | 1222 |
or as a condition of a judicial release from prison shall be under | 1223 |
the supervision of the entity that provides adult probation | 1224 |
services in the county. Any post-release control imposed after the | 1225 |
offender otherwise is released from prison shall be supervised by | 1226 |
the adult parole authority. | 1227 |
Sec. 2152.17. (A) Subject to division (D) of this section, | 1228 |
if a child is adjudicated a delinquent child for committing an | 1229 |
act, other than a violation of section 2923.12 of the Revised | 1230 |
Code, that would be a felony
if committed by an adult | 1231 |
court determines that, if the child was an adult, the child would | 1232 |
be guilty of a specification of the type set forth in section | 1233 |
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or | 1234 |
2941.1415 of the Revised Code, and if the court commits the child | 1235 |
to the department of youth services for the underlying delinquent | 1236 |
act under sections 2152.12 to 2152.16 of the Revised Code, in | 1237 |
addition to
| 1238 |
court imposes for the underlying delinquent act, all of the | 1239 |
following apply: | 1240 |
(1) If the court determines that the child would be guilty of | 1241 |
a specification of the type set forth in section 2941.141 of the | 1242 |
Revised Code, the court may commit the child to the department of | 1243 |
youth services for the specification for a definite period of up | 1244 |
to one year. | 1245 |
(2) If the court determines that the child would be guilty of | 1246 |
a specification of the type set forth in section 2941.145 of the | 1247 |
Revised Code or if the delinquent act is a violation of division | 1248 |
(A)(1) or (2) of section 2903.06 of the Revised Code and the court | 1249 |
determines that the child would be guilty of a specification of | 1250 |
the type set forth in section 2941.1415 of the Revised Code, the | 1251 |
court
| 1252 |
services for the specification for
a definite
period of | 1253 |
1254 | |
1255 | |
1256 |
(3) If the court determines that the child would be guilty of | 1257 |
a specification of the type set forth in section 2941.144, | 1258 |
2941.146, or 2941.1412 of the Revised Code or if the delinquent | 1259 |
act is a violation of division (A)(1) or (2) of section 2903.06 of | 1260 |
the Revised Code and the court determines that the child would be | 1261 |
guilty of a specification of the type set forth in section | 1262 |
2941.1414 of the Revised Code, the court | 1263 |
child to the department of youth services for the specification | 1264 |
for a
definite
period of | 1265 |
years | 1266 |
1267 | |
1268 |
(B) | 1269 |
1270 | |
1271 | |
child is adjudicated a delinquent child for committing an act, | 1272 |
other than a violation of section 2923.12 of the Revised Code, | 1273 |
that would be a felony if committed by an adult, if the court | 1274 |
determines that the child is complicit in another person's conduct | 1275 |
that is of such a nature that, if the other person was an adult, | 1276 |
the other person would be guilty of a specification of a type | 1277 |
described in division (A)(1), (2), or (3) of this section, if the | 1278 |
other person's conduct relates to the child's underlying | 1279 |
delinquent act, and if the court commits the child to the | 1280 |
department of youth services for the underlying delinquent act | 1281 |
under sections 2152.12 to 2152.16 of the Revised Code, in addition | 1282 |
to that commitment and any other disposition the court imposes for | 1283 |
the underlying delinquent act, the court may commit the child to | 1284 |
the department of youth services for the specification for a | 1285 |
definite period of not more than one year, subject to division | 1286 |
(D)(2) of this section. | 1287 |
(C) If a child is adjudicated a delinquent child for | 1288 |
committing an act that would be aggravated murder, murder, or a | 1289 |
first, second, or third degree felony offense of violence if | 1290 |
committed by an adult and if the court determines that, if the | 1291 |
child was an adult, the child would be guilty of a specification | 1292 |
of the type set forth in section 2941.142 of the Revised Code in | 1293 |
relation to the act for which the child was adjudicated a | 1294 |
delinquent child, the court | 1295 |
specification to the legal custody of the department of youth | 1296 |
services for institutionalization in a secure facility for a | 1297 |
definite period of | 1298 |
years, subject to division
(D)(2) of this section | 1299 |
1300 | |
1301 |
(D)(1) If the child is adjudicated a delinquent child for | 1302 |
committing an act that would be an offense of violence that is a | 1303 |
felony if committed by an adult and is committed to the legal | 1304 |
custody of the department of youth services pursuant to division | 1305 |
(A)(1) of section 2152.16 of the Revised Code and if the court | 1306 |
determines that the child, if the child was an adult, would be | 1307 |
guilty of a specification of the type set forth in section | 1308 |
2941.1411 of the Revised Code in relation to the act for which the | 1309 |
child was adjudicated a delinquent child, the court may commit the | 1310 |
child to the custody of the department of youth services for | 1311 |
institutionalization in a secure facility for up to two years, | 1312 |
subject to division (D)(2) of this section. | 1313 |
(2) A court that imposes a period of commitment under | 1314 |
division (A) or (B) of this section is not precluded from imposing | 1315 |
an additional period of commitment under division (C) or (D)(1) of | 1316 |
this section, a court that imposes a period of commitment under | 1317 |
division (C) of this section is not precluded from imposing an | 1318 |
additional period of commitment under division (A), (B), or (D)(1) | 1319 |
of this section, and a court that imposes a period of commitment | 1320 |
under division (D)(1) of this section is not precluded from | 1321 |
imposing an additional period of commitment under division (A), | 1322 |
(B), or (C) of this section. | 1323 |
(E) The court shall not commit a child to the legal custody | 1324 |
of the department of youth services for a specification pursuant | 1325 |
to this section for a period that exceeds five years for any one | 1326 |
delinquent act. Any commitment imposed pursuant to division (A), | 1327 |
(B), (C), or (D)(1) of this section shall be in addition to, and | 1328 |
shall be served consecutively with and prior to, a period of | 1329 |
commitment ordered under this chapter for the underlying | 1330 |
delinquent act, | 1331 |
judicial release during the commitments in accordance with section | 1332 |
2152.22 of the Revised Code. Each commitment imposed pursuant to | 1333 |
division (A), (B), (C), or (D)(1) of this section shall be in | 1334 |
addition to, and shall be served consecutively with, any other | 1335 |
period of commitment imposed under any of those divisions, and the | 1336 |
child shall be eligible for judicial release during the | 1337 |
commitments in accordance with section 2152.22 of the Revised | 1338 |
Code. If a commitment is imposed under division (A) or (B) of this | 1339 |
section and a commitment also is imposed under division (C) of | 1340 |
this section, the period imposed under division (A) or (B) of this | 1341 |
section shall be served prior to the period imposed under division | 1342 |
(C) of this section, and the child shall be eligible for judicial | 1343 |
release during the commitments in accordance with section 2152.22 | 1344 |
of the Revised Code. | 1345 |
In each case in which a court makes a disposition under this | 1346 |
section, the court retains control over the commitment for the | 1347 |
entire period of the commitment. | 1348 |
The total of all the periods of commitment imposed for any | 1349 |
specification under this section and for the underlying offense | 1350 |
shall not exceed the child's attainment of twenty-one years of | 1351 |
age. | 1352 |
(F) If a child is adjudicated a delinquent child for | 1353 |
committing two or more acts that would be felonies if committed by | 1354 |
an adult and if the court entering the delinquent child | 1355 |
adjudication orders the commitment of the child for two or more of | 1356 |
those acts to the legal custody of the department of youth | 1357 |
services for institutionalization in a secure facility pursuant to | 1358 |
section 2152.13 or 2152.16 of the Revised Code, the court may | 1359 |
order that all of the periods of commitment imposed under those | 1360 |
sections for those acts be served consecutively in the legal | 1361 |
custody of the department of youth services, provided that those | 1362 |
periods of commitment shall be in addition to and commence | 1363 |
immediately following the expiration of a period of commitment | 1364 |
that the court imposes pursuant to division (A), (B), (C), or | 1365 |
(D)(1) of this section. A court shall not commit a delinquent | 1366 |
child to the legal custody of the department of youth services | 1367 |
under this division for a period that exceeds the child's | 1368 |
attainment of twenty-one years of age. | 1369 |
Sec. 2152.22. (A) When a child is committed to the legal | 1370 |
custody of the department of youth services under this chapter, | 1371 |
the juvenile court relinquishes control with respect to the child | 1372 |
so committed, except as provided in divisions (B), (C), and (G) of | 1373 |
this section or in sections 2152.82 to 2152.86 of the Revised | 1374 |
Code. Subject to divisions (B) and (C) of this section, sections | 1375 |
2151.353 and 2151.412 to 2151.421 of the Revised Code, sections | 1376 |
2152.82 to 2152.86 of the Revised Code, and any other provision of | 1377 |
law that specifies a different duration for a dispositional order, | 1378 |
all other dispositional orders made by the court under this | 1379 |
chapter shall be temporary and shall continue for a period that is | 1380 |
designated by the court in its order, until terminated or modified | 1381 |
by the court or until the child attains twenty-one years of age. | 1382 |
The department shall not release the child from a department | 1383 |
facility and as a result shall not discharge the child or order | 1384 |
the child's release on supervised release prior to the expiration | 1385 |
of the minimum period specified by the court in division (A)(1) of | 1386 |
section 2152.16 of the Revised
Code | 1387 |
of any term of commitment imposed under section 2152.17 of the | 1388 |
Revised Code, or prior to the child's attainment of twenty-one | 1389 |
years of age, except upon the order of a court pursuant to | 1390 |
division (B) or (C) of this section or in accordance with section | 1391 |
5139.54 of the Revised Code. | 1392 |
(B)(1) The court that commits a delinquent child to the | 1393 |
department may grant judicial release of the child to court | 1394 |
supervision under this division for any of the following periods | 1395 |
of time: | 1396 |
(a) Except as otherwise provided in division (B)(1)(c) of | 1397 |
this section, if the child was committed to the department for a | 1398 |
prescribed minimum period and a maximum period not to exceed the | 1399 |
child's attainment of twenty-one years of age, the court may grant | 1400 |
judicial release of the child to court supervision during the | 1401 |
first half of | 1402 |
1403 |
(b) Except as otherwise provided in division (B)(1)(d) of | 1404 |
this section, if the child was committed to the department until | 1405 |
the child attains twenty-one years of age, the court may grant | 1406 |
judicial release of the child to court supervision during the | 1407 |
first half of the prescribed period of commitment that begins on | 1408 |
the first day of that commitment and ends on the child's | 1409 |
twenty-first birthday | 1410 |
1411 | |
1412 |
(c) If the child was committed to the department for both one | 1413 |
or more definite periods under division (A), (B), (C), or (D) of | 1414 |
section 2152.17 of the Revised Code and a period of the type | 1415 |
described in division (B)(1)(a) of this section, all of the | 1416 |
prescribed definite periods of commitment imposed under division | 1417 |
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and | 1418 |
the prescribed minimum period of commitment of the type described | 1419 |
in division (B)(1)(a) of this section shall be aggregated for | 1420 |
purposes of this division and the court may grant judicial release | 1421 |
of the child to court supervision during the first half of that | 1422 |
aggregate minimum period of commitment. | 1423 |
(d) If the child was committed to the department for both one | 1424 |
or more definite periods under division (A), (B), (C), or (D) of | 1425 |
section 2152.17 of the Revised Code and a period of the type | 1426 |
described in division (B)(1)(b) of this section, the court may | 1427 |
grant judicial release of the child to court supervision during | 1428 |
the first half of the prescribed minimum period of commitment that | 1429 |
begins on the first day of the first prescribed definite period of | 1430 |
commitment imposed under division (A), (B), (C), or (D) of section | 1431 |
2152.17 of the Revised Code and ends on the child's twenty-first | 1432 |
birthday. | 1433 |
(2) If the department of youth services desires to release a | 1434 |
child during a period specified in division (B)(1) of this | 1435 |
section, it shall request the court that committed the child to | 1436 |
grant a judicial release of the child to court supervision. During | 1437 |
whichever of those periods is applicable, the child or the parents | 1438 |
of the child also may request that court to grant a judicial | 1439 |
release of the child to court supervision. Upon receipt of a | 1440 |
request for a judicial release to court supervision from the | 1441 |
department, the child, or the child's parent, or upon its own | 1442 |
motion, the court that committed the child shall do one of the | 1443 |
following: approve the release by journal entry; schedule within | 1444 |
thirty days after the request is received a time for a hearing on | 1445 |
whether the child is to be released; or reject the request by | 1446 |
journal entry without conducting a hearing. | 1447 |
If the court rejects an initial request for a release under | 1448 |
this division by the child or the child's parent, the child or the | 1449 |
child's parent may make one additional request for a judicial | 1450 |
release to court supervision within the applicable period. The | 1451 |
additional request may be made no earlier than thirty days after | 1452 |
the filing of the prior request for a judicial release to court | 1453 |
supervision. Upon the filing of a second request for a judicial | 1454 |
release to court supervision, the court shall either approve or | 1455 |
disapprove the release by journal entry or schedule within thirty | 1456 |
days after the request is received a time for a hearing on whether | 1457 |
the child is to be released. | 1458 |
(3) If a court schedules a hearing under division (B)(2) of | 1459 |
this section, it may order the department to deliver the child to | 1460 |
the court on the date set for the hearing and may order the | 1461 |
department to present to the court a report on the child's | 1462 |
progress in the institution to which the child was committed and | 1463 |
recommendations for conditions of supervision of the child by the | 1464 |
court after release. The court may conduct the hearing without the | 1465 |
child being present. The court shall determine at the hearing | 1466 |
whether the child should be granted a judicial release to court | 1467 |
supervision. | 1468 |
If the court approves the release, it shall order its staff | 1469 |
to prepare a written treatment and rehabilitation plan for the | 1470 |
child that may include any conditions of the child's release that | 1471 |
were recommended by the department and approved by the court. The | 1472 |
committing court shall send the juvenile court of the county in | 1473 |
which the child is placed a copy of the recommended plan. The | 1474 |
court of the county in which the child is placed may adopt the | 1475 |
recommended conditions set by the committing court as an order of | 1476 |
the court and may add any additional consistent conditions it | 1477 |
considers appropriate. If a child is granted a judicial release to | 1478 |
court supervision, the release discharges the child from the | 1479 |
custody of the department of youth services. | 1480 |
(C)(1) The court that commits a delinquent child to the | 1481 |
department may grant judicial release of the child to department | 1482 |
of youth
services supervision under this division
| 1483 |
1484 |
(a) Except as otherwise provided in division (C)(1)(c) of | 1485 |
this section, if the child was committed to the department for a | 1486 |
prescribed minimum period and a maximum period not to exceed the | 1487 |
child's attainment of twenty-one years of age, the court may grant | 1488 |
judicial release of the child to department of youth services | 1489 |
supervision at any time after the expiration of the first half of | 1490 |
1491 | |
1492 |
(b) Except as otherwise provided in division (C)(1)(d) of | 1493 |
this section, if the child was committed to the department until | 1494 |
the child attains twenty-one years of age, the court may grant | 1495 |
judicial release of the child to department of youth services | 1496 |
supervision during the second half of the prescribed period of | 1497 |
commitment that begins on the first day of that commitment and | 1498 |
ends on the child's
twenty-first
birthday | 1499 |
1500 | |
1501 |
(c) If the child was committed to the department for both one | 1502 |
or more definite periods under division (A), (B), (C), or (D) of | 1503 |
section 2152.17 of the Revised Code and a period of the type | 1504 |
described in division (C)(1)(a) of this section, all of the | 1505 |
prescribed definite periods of commitment imposed under division | 1506 |
(A), (B), (C), or (D) of section 2152.17 of the Revised Code and | 1507 |
the prescribed minimum period of commitment of the type described | 1508 |
in division (C)(1)(a) of this section shall be aggregated for | 1509 |
purposes of this division, and the court may grant judicial | 1510 |
release of the child to department of youth services supervision | 1511 |
at any time after the expiration of the first half of that | 1512 |
aggregate minimum period of commitment. | 1513 |
(d) If the child was committed to the department for both one | 1514 |
or more definite periods under division (A), (B), (C), or (D) of | 1515 |
section 2152.17 of the Revised Code and a period of the type | 1516 |
described in division (C)(1)(b) of this section, the court may | 1517 |
grant judicial release of the child to department of youth | 1518 |
services supervision during the second half of the prescribed | 1519 |
minimum period of commitment that begins on the first day of the | 1520 |
first prescribed definite period of commitment imposed under | 1521 |
division (A), (B), (C), or (D) of section 2152.17 of the Revised | 1522 |
Code and ends on the child's twenty-first birthday. | 1523 |
(2) If the department of youth services desires to release a | 1524 |
child during a period specified in division (C)(1) of this | 1525 |
section, it shall request the court that committed the child to | 1526 |
grant a judicial release to department of youth services | 1527 |
supervision. During whichever of those periods is applicable, the | 1528 |
child or the child's parent also may request the court that | 1529 |
committed the child to grant a judicial release to department of | 1530 |
youth services supervision. Upon receipt of a request for judicial | 1531 |
release to department of youth services supervision, the child, or | 1532 |
the child's parent, or upon its own motion at any time during that | 1533 |
period, the court shall do one of the following: approve the | 1534 |
release by journal entry; schedule a time within thirty days after | 1535 |
receipt of the request for a hearing on whether the child is to be | 1536 |
released; or reject the request by journal entry without | 1537 |
conducting a hearing. | 1538 |
If the court rejects an initial request for release under | 1539 |
this division by the child or the child's parent, the child or the | 1540 |
child's parent may make one or more subsequent requests for a | 1541 |
release within the applicable period, but may make no more than | 1542 |
one request during each period of ninety days that the child is in | 1543 |
a secure department facility after the filing of a prior request | 1544 |
for early release. Upon the filing of a request for release under | 1545 |
this division subsequent to an initial request, the court shall | 1546 |
either approve or disapprove the release by journal entry or | 1547 |
schedule a time within thirty days after receipt of the request | 1548 |
for a hearing on whether the child is to be released. | 1549 |
(3) If a court schedules a hearing under division (C)(2) of | 1550 |
this section, it may order the department to deliver the child to | 1551 |
the court on the date set for the hearing and shall order the | 1552 |
department to present to the court at that time a treatment plan | 1553 |
for the child's post-institutional care. The court may conduct the | 1554 |
hearing without the child being present. The court shall determine | 1555 |
at the hearing whether the child should be granted a judicial | 1556 |
release to department of youth services supervision. | 1557 |
If the court approves the judicial release to department of | 1558 |
youth services supervision, the department shall prepare a written | 1559 |
treatment and rehabilitation plan for the child pursuant to | 1560 |
division (E) of this section that shall include the conditions of | 1561 |
the child's release. It shall send the committing court and the | 1562 |
juvenile court of the county in which the child is placed a copy | 1563 |
of the plan. The court of the county in which the child is placed | 1564 |
may adopt the conditions set by the department as an order of the | 1565 |
court and may add any additional consistent conditions it | 1566 |
considers appropriate, provided that the court may not add any | 1567 |
condition that decreases the level or degree of supervision | 1568 |
specified by the department in its plan, that substantially | 1569 |
increases the financial burden of supervision that will be | 1570 |
experienced by the department, or that alters the placement | 1571 |
specified by the department in its plan. If the court of the | 1572 |
county in which the child is placed adds to the department's plan | 1573 |
any additional conditions, it shall enter those additional | 1574 |
conditions in its journal and shall send to the department a copy | 1575 |
of the journal entry of the additional conditions. | 1576 |
If the court approves the judicial release to department of | 1577 |
youth services supervision, the actual date on which the | 1578 |
department shall release the child is contingent upon the | 1579 |
department finding a suitable placement for the child. If the | 1580 |
child is to be returned to the child's home, the department shall | 1581 |
return the child on the date that the court schedules for the | 1582 |
child's release or shall bear the expense of any additional time | 1583 |
that the child remains in a department facility. If the child is | 1584 |
unable to return to the child's home, the department shall | 1585 |
exercise reasonable diligence in finding a suitable placement for | 1586 |
the child, and the child shall remain in a department facility | 1587 |
while the department finds the suitable placement. | 1588 |
(D) If a child is released under division (B) or (C) of this | 1589 |
section and the court of the county in which the child is placed | 1590 |
has reason to believe that the child's deportment is not in | 1591 |
accordance with the conditions of the child's judicial release, | 1592 |
the court of the county in which the child is placed shall | 1593 |
schedule a time for a hearing to determine whether the child | 1594 |
violated any of the post-release conditions, and, if the child was | 1595 |
released under division (C) of this section, divisions (A) to (E) | 1596 |
of section 5139.52 of the Revised Code apply regarding the child. | 1597 |
If that court determines at the hearing that the child | 1598 |
violated any of the post-release conditions, the court, if it | 1599 |
determines that the violation was a serious violation, may order | 1600 |
the child to be returned to the department for | 1601 |
institutionalization, consistent with the original order of | 1602 |
commitment of the child, or in any case may make any other | 1603 |
disposition of the child authorized by law that the court | 1604 |
considers proper. If the court of the county in which the child is | 1605 |
placed orders the child to be returned to a department of youth | 1606 |
services institution, the time during which the child was held in | 1607 |
a secure department facility prior to the child's judicial release | 1608 |
shall be considered as time served in fulfilling the prescribed | 1609 |
period of institutionalization that is applicable to the child | 1610 |
under the child's original order of commitment. If the court | 1611 |
orders the child returned to a department institution, the child | 1612 |
shall remain in institutional care for a minimum of three months | 1613 |
or until the child successfully completes a revocation program of | 1614 |
a duration of not less than thirty days operated either by the | 1615 |
department or by an entity with which the department has | 1616 |
contracted to provide a revocation program. | 1617 |
(E) The department of youth services, prior to the release of | 1618 |
a child pursuant to division (C) of this section, shall do all of | 1619 |
the following: | 1620 |
(1) After reviewing the child's rehabilitative progress | 1621 |
history and medical and educational records, prepare a written | 1622 |
treatment and rehabilitation plan for the child that includes | 1623 |
conditions of the release; | 1624 |
(2) Completely discuss the conditions of the plan prepared | 1625 |
pursuant to division (E)(1) of this section and the possible | 1626 |
penalties for violation of the plan with the child and the child's | 1627 |
parents, guardian, or legal custodian; | 1628 |
(3) Have the plan prepared pursuant to division (E)(1) of | 1629 |
this section signed by the child, the child's parents, legal | 1630 |
guardian, or custodian, and any authority or person that is to | 1631 |
supervise, control, and provide supportive assistance to the child | 1632 |
at the time of the child's release pursuant to division (C) of | 1633 |
this section; | 1634 |
(4) Prior to the child's release, file a copy of the | 1635 |
treatment plan prepared pursuant to division (E)(1) of this | 1636 |
section with the committing court and the juvenile court of the | 1637 |
county in which the child is to be placed. | 1638 |
(F) The department of youth services shall file a written | 1639 |
progress report with the committing court regarding each child | 1640 |
released pursuant to division (C) of this section at least once | 1641 |
every thirty days unless specifically directed otherwise by the | 1642 |
court. The report shall indicate the treatment and rehabilitative | 1643 |
progress of the child and the child's family, if applicable, and | 1644 |
shall include any suggestions for altering the program, custody, | 1645 |
living arrangements, or treatment. The department shall retain | 1646 |
legal custody of a child so released until it discharges the child | 1647 |
or until the custody is terminated as otherwise provided by law. | 1648 |
(G) When a child is committed to the legal custody of the | 1649 |
department of youth services, the court retains jurisdiction to | 1650 |
perform the functions specified in section 5139.51 of the Revised | 1651 |
Code with respect to the granting of supervised release by the | 1652 |
release authority and to perform the functions specified in | 1653 |
section 5139.52 of the Revised Code with respect to violations of | 1654 |
the conditions of supervised release granted by the release | 1655 |
authority and to the revocation of supervised release granted by | 1656 |
the release authority. | 1657 |
Sec. 5139.01. (A) As used in this chapter: | 1658 |
(1) "Commitment" means the transfer of the physical custody | 1659 |
of a child or youth from the court to the department of youth | 1660 |
services. | 1661 |
(2) "Permanent commitment" means a commitment that vests | 1662 |
legal custody of a child in the department of youth services. | 1663 |
(3) "Legal custody," insofar as it pertains to the status | 1664 |
that is created when a child is permanently committed to the | 1665 |
department of youth services, means a legal status in which the | 1666 |
department has the following rights and responsibilities: the | 1667 |
right to have physical possession of the child; the right and duty | 1668 |
to train, protect, and control the child; the responsibility to | 1669 |
provide the child with food, clothing, shelter, education, and | 1670 |
medical care; and the right to determine where and with whom the | 1671 |
child shall live, subject to the minimum periods of, or periods | 1672 |
of, institutional care prescribed in sections 2152.13 to 2152.18 | 1673 |
of the Revised Code; provided, that these rights and | 1674 |
responsibilities are exercised subject to the powers, rights, | 1675 |
duties, and responsibilities of the guardian of the person of the | 1676 |
child, and subject to any residual parental rights and | 1677 |
responsibilities. | 1678 |
(4) Unless the context requires a different meaning, | 1679 |
"institution" means a state facility that is created by the | 1680 |
general assembly and that is under the management and control of | 1681 |
the department of youth services or a private entity with which | 1682 |
the department has contracted for the institutional care and | 1683 |
custody of felony delinquents. | 1684 |
(5) "Full-time care" means care for twenty-four hours a day | 1685 |
for over a period of at least two consecutive weeks. | 1686 |
(6) "Placement" means the conditional release of a child | 1687 |
under the terms and conditions that are specified by the | 1688 |
department of youth services. The department shall retain legal | 1689 |
custody of a child released pursuant to division (C) of section | 1690 |
2152.22 of the Revised Code or division (C) of section 5139.06 of | 1691 |
the Revised Code until the time that it discharges the child or | 1692 |
until the legal custody is terminated as otherwise provided by | 1693 |
law. | 1694 |
(7) "Home placement" means the placement of a child in the | 1695 |
home of the child's parent or parents or in the home of the | 1696 |
guardian of the child's person. | 1697 |
(8) "Discharge" means that the department of youth services' | 1698 |
legal custody of a child is terminated. | 1699 |
(9) "Release" means the termination of a child's stay in an | 1700 |
institution and the subsequent period during which the child | 1701 |
returns to the community under the terms and conditions of | 1702 |
supervised release. | 1703 |
(10) "Delinquent child" has the same meaning as in section | 1704 |
2152.02 of the Revised Code. | 1705 |
(11) "Felony delinquent" means any child who is at least ten | 1706 |
years of age but less than eighteen years of age and who is | 1707 |
adjudicated a delinquent child for having committed an act that if | 1708 |
committed by an adult would be a felony. "Felony delinquent" | 1709 |
includes any adult who is between the ages of eighteen and | 1710 |
twenty-one and who is in the legal custody of the department of | 1711 |
youth services for having committed an act that if committed by an | 1712 |
adult would be a felony. | 1713 |
(12) "Juvenile traffic offender" has the same meaning as in | 1714 |
section 2152.02 of the Revised Code. | 1715 |
(13) "Public safety beds" means all of the following: | 1716 |
(a) Felony delinquents who have been committed to the | 1717 |
department of youth services for the commission of an act, other | 1718 |
than a violation of section 2911.01 or 2911.11 of the Revised | 1719 |
Code, that is a category one offense or a category two offense and | 1720 |
who are in the care and custody of an institution or have been | 1721 |
diverted from care and custody in an institution and placed in a | 1722 |
community corrections facility; | 1723 |
(b) Felony delinquents who, while committed to the department | 1724 |
of youth services and in the care and custody of an institution or | 1725 |
a community corrections facility, are adjudicated delinquent | 1726 |
children for having committed in that institution or community | 1727 |
corrections facility an act that if committed by an adult would be | 1728 |
a misdemeanor or a felony; | 1729 |
(c) Children who satisfy all of the following: | 1730 |
(i) They are at least ten years of age but less than eighteen | 1731 |
years of age. | 1732 |
(ii) They are adjudicated delinquent children for having | 1733 |
committed acts that if committed by an adult would be a felony. | 1734 |
(iii) They are committed to the department of youth services | 1735 |
by the juvenile court of a county that has had one-tenth of one | 1736 |
per cent or less of the statewide adjudications for felony | 1737 |
delinquents as averaged for the past four fiscal years. | 1738 |
(iv) They are in the care and custody of an institution or a | 1739 |
community corrections facility. | 1740 |
(d) Felony delinquents who, while committed to the department | 1741 |
of youth services and in the care and custody of an institution | 1742 |
are serving disciplinary time for having committed an act | 1743 |
described in division (A)(18)(a), (b), or (c) of this section, and | 1744 |
who have been institutionalized or institutionalized in a secure | 1745 |
facility for the minimum period of time specified in divisions | 1746 |
(A)(1)(b) to (e) of section 2152.16 of the Revised Code. | 1747 |
(e) Felony delinquents who are subject to and serving a | 1748 |
three-year period of commitment order imposed by a juvenile court | 1749 |
pursuant to divisions (A) and (B) of section 2152.17 of the | 1750 |
Revised Code for an act, other than a violation of section 2911.11 | 1751 |
of the Revised Code, that would be a category one offense or | 1752 |
category two offense if committed by an adult. | 1753 |
(f) Felony delinquents who are described in divisions | 1754 |
(A)(13)(a) to (e) of this section, who have been granted a | 1755 |
judicial release to court supervision under division (B) of | 1756 |
section 2152.22 of the Revised Code or a judicial release to the | 1757 |
department of youth services supervision under division (C) of | 1758 |
that section from the commitment to the department of youth | 1759 |
services for the act described in divisions (A)(13)(a) to (e) of | 1760 |
this section, who have violated the terms and conditions of that | 1761 |
release, and who, pursuant to an order of the court of the county | 1762 |
in which the particular felony delinquent was placed on release | 1763 |
that is issued pursuant to division (D) of section 2152.22 of the | 1764 |
Revised Code, have been returned to the department for | 1765 |
institutionalization or institutionalization in a secure facility. | 1766 |
(g) Felony delinquents who have been committed to the custody | 1767 |
of the department of youth services, who have been granted | 1768 |
supervised release from the commitment pursuant to section 5139.51 | 1769 |
of the Revised Code, who have violated the terms and conditions of | 1770 |
that supervised release, and who, pursuant to an order of the | 1771 |
court of the county in which the particular child was placed on | 1772 |
supervised release issued pursuant to division (F) of section | 1773 |
5139.52 of the Revised Code, have had the supervised release | 1774 |
revoked and have been returned to the department for | 1775 |
institutionalization. A felony delinquent described in this | 1776 |
division shall be a public safety bed only for the time during | 1777 |
which the felony delinquent is institutionalized as a result of | 1778 |
the revocation subsequent to the initial thirty-day period of | 1779 |
institutionalization required by division (F) of section 5139.52 | 1780 |
of the Revised Code. | 1781 |
(14) Unless the context requires a different meaning, | 1782 |
"community corrections facility" means a county or multicounty | 1783 |
rehabilitation center for felony delinquents who have been | 1784 |
committed to the department of youth services and diverted from | 1785 |
care and custody in an institution and placed in the | 1786 |
rehabilitation center pursuant to division (E) of section 5139.36 | 1787 |
of the Revised Code. | 1788 |
(15) "Secure facility" means any facility that is designed | 1789 |
and operated to ensure that all of its entrances and exits are | 1790 |
under the exclusive control of its staff and to ensure that, | 1791 |
because of that exclusive control, no child who has been | 1792 |
institutionalized in the facility may leave the facility without | 1793 |
permission or supervision. | 1794 |
(16) "Community residential program" means a program that | 1795 |
satisfies both of the following: | 1796 |
(a) It is housed in a building or other structure that has no | 1797 |
associated major restraining construction, including, but not | 1798 |
limited to, a security fence. | 1799 |
(b) It provides twenty-four-hour care, supervision, and | 1800 |
programs for felony delinquents who are in residence. | 1801 |
(17)
"Category one offense" | 1802 |
1803 | |
any of the following: | 1804 |
(a) A violation of section 2903.01 or 2903.02 of the Revised | 1805 |
Code; | 1806 |
(b) A violation of section 2923.02 of the Revised Code | 1807 |
involving an attempt to commit aggravated murder or murder. | 1808 |
(18) "Disciplinary time" means additional time that the | 1809 |
department of youth services requires a felony delinquent to serve | 1810 |
in an institution, that delays the felony delinquent's planned | 1811 |
release, and that the department imposes upon the felony | 1812 |
delinquent following the conduct of an internal due process | 1813 |
hearing for having committed any of the following acts while | 1814 |
committed to the department and in the care and custody of an | 1815 |
institution: | 1816 |
(a) An act that if committed by an adult would be a felony; | 1817 |
(b) An act that if committed by an adult would be a | 1818 |
misdemeanor; | 1819 |
(c) An act that is not described in division (A)(18)(a) or | 1820 |
(b) of this section and that violates an institutional rule of | 1821 |
conduct of the department. | 1822 |
(19) "Unruly child" has the same meaning as in section | 1823 |
2151.022 of the Revised Code. | 1824 |
(20) "Revocation" means the act of revoking a child's | 1825 |
supervised release for a violation of a term or condition of the | 1826 |
child's supervised release in accordance with section 5139.52 of | 1827 |
the Revised Code. | 1828 |
(21) "Release authority" means the release authority of the | 1829 |
department of youth services that is established by section | 1830 |
5139.50 of the Revised Code. | 1831 |
(22) "Supervised release" means the event of the release of a | 1832 |
child under this chapter from an institution and the period after | 1833 |
that release during which the child is supervised and assisted by | 1834 |
an employee of the department of youth services under specific | 1835 |
terms and conditions for reintegration of the child into the | 1836 |
community. | 1837 |
(23) "Victim" means the person identified in a police report, | 1838 |
complaint, or information as the victim of an act that would have | 1839 |
been a criminal offense if committed by an adult and that provided | 1840 |
the basis for adjudication proceedings resulting in a child's | 1841 |
commitment to the legal custody of the department of youth | 1842 |
services. | 1843 |
(24) "Victim's representative" means a member of the victim's | 1844 |
family or another person whom the victim or another authorized | 1845 |
person designates in writing, pursuant to section 5139.56 of the | 1846 |
Revised Code, to represent the victim with respect to proceedings | 1847 |
of the release authority of the department of youth services and | 1848 |
with respect to other matters specified in that section. | 1849 |
(25) "Member of the victim's family" means a spouse, child, | 1850 |
stepchild, sibling, parent, stepparent, grandparent, other | 1851 |
relative, or legal guardian of a child but does not include a | 1852 |
person charged with, convicted of, or adjudicated a delinquent | 1853 |
child for committing a criminal or delinquent act against the | 1854 |
victim or another criminal or delinquent act arising out of the | 1855 |
same conduct, criminal or delinquent episode, or plan as the | 1856 |
criminal or delinquent act committed against the victim. | 1857 |
(26) "Judicial release to court supervision" means a release | 1858 |
of a child from institutional care or institutional care in a | 1859 |
secure facility that is granted by a court pursuant to division | 1860 |
(B) of section 2152.22 of the Revised Code during the period | 1861 |
specified in that division. | 1862 |
(27) "Judicial release to department of youth services | 1863 |
supervision" means a release of a child from institutional care or | 1864 |
institutional care in a secure facility that is granted by a court | 1865 |
pursuant to division (C) of section 2152.22 of the Revised Code | 1866 |
during the period specified in that division. | 1867 |
(28) "Juvenile justice system" includes all of the functions | 1868 |
of the juvenile courts, the department of youth services, any | 1869 |
public or private agency whose purposes include the prevention of | 1870 |
delinquency or the diversion, adjudication, detention, or | 1871 |
rehabilitation of delinquent children, and any of the functions of | 1872 |
the criminal justice system that are applicable to children. | 1873 |
(29) "Metropolitan county criminal justice services agency" | 1874 |
means an agency that is established pursuant to division (A) of | 1875 |
section 5502.64 of the Revised Code. | 1876 |
(30) "Administrative planning district" means a district that | 1877 |
is established pursuant to division (A) or (B) of section 5502.66 | 1878 |
of the Revised Code. | 1879 |
(31) "Criminal justice coordinating council" means a criminal | 1880 |
justice services agency that is established pursuant to division | 1881 |
(D) of section 5502.66 of the Revised Code. | 1882 |
(32) "Comprehensive plan" means a document that coordinates, | 1883 |
evaluates, and otherwise assists, on an annual or multi-year | 1884 |
basis, all of the functions of the juvenile justice systems of the | 1885 |
state or a specified area of the state, that conforms to the | 1886 |
priorities of the state with respect to juvenile justice systems, | 1887 |
and that conforms with the requirements of all federal criminal | 1888 |
justice acts. These functions include, but are not limited to, all | 1889 |
of the following: | 1890 |
(a) Delinquency; | 1891 |
(b) Identification, detection, apprehension, and detention of | 1892 |
persons charged with delinquent acts; | 1893 |
(c) Assistance to crime victims or witnesses, except that the | 1894 |
comprehensive plan does not include the functions of the attorney | 1895 |
general pursuant to sections 109.91 and 109.92 of the Revised | 1896 |
Code; | 1897 |
(d) Adjudication or diversion of persons charged with | 1898 |
delinquent acts; | 1899 |
(e) Custodial treatment of delinquent children; | 1900 |
(f) Institutional and noninstitutional rehabilitation of | 1901 |
delinquent children. | 1902 |
(33) "Category two offense" means any of the following: | 1903 |
(a) A violation of section 2903.03, 2905.01, 2907.02, | 1904 |
2909.02, 2911.01, or 2911.11 of the Revised Code; | 1905 |
(b) A violation of section 2903.04 of the Revised Code that | 1906 |
is a felony of the first degree; | 1907 |
(c) A violation of section 2907.12 of the Revised Code as it | 1908 |
existed prior to September 3, 1996. | 1909 |
(B) There is hereby created the department of youth services. | 1910 |
The governor shall appoint the director of the department with the | 1911 |
advice and consent of the senate. The director shall hold office | 1912 |
during the term of the appointing governor but subject to removal | 1913 |
at the pleasure of the governor. Except as otherwise authorized in | 1914 |
section 108.05 of the Revised Code, the director shall devote the | 1915 |
director's entire time to the duties of the director's office and | 1916 |
shall hold no other office or position of trust or profit during | 1917 |
the director's term of office. | 1918 |
The director is the chief executive and administrative | 1919 |
officer of the department and has all the powers of a department | 1920 |
head set forth in Chapter 121. of the Revised Code. The director | 1921 |
may adopt rules for the government of the department, the conduct | 1922 |
of its officers and employees, the performance of its business, | 1923 |
and the custody, use, and preservation of the department's | 1924 |
records, papers, books, documents, and property. The director | 1925 |
shall be an appointing authority within the meaning of Chapter | 1926 |
124. of the Revised Code. Whenever this or any other chapter or | 1927 |
section of the Revised Code imposes a duty on or requires an | 1928 |
action of the department, the duty or action shall be performed by | 1929 |
the director or, upon the director's order, in the name of the | 1930 |
department. | 1931 |
Sec. 5139.05. (A) The juvenile court may commit any child to | 1932 |
the department of youth services as authorized in Chapter 2152. of | 1933 |
the Revised Code, provided that any child so committed shall be at | 1934 |
least ten years of age at the time of the child's delinquent act, | 1935 |
and, if the child is ten or eleven years of age, the delinquent | 1936 |
act is a violation of section 2909.03 of the Revised Code or would | 1937 |
be aggravated murder, murder, or a first or second degree felony | 1938 |
offense of violence if committed by an adult. Any order to commit | 1939 |
a child to an institution under the control and management of the | 1940 |
department shall have the effect of ordering that the child be | 1941 |
committed to the department and assigned to an institution as | 1942 |
follows: | 1943 |
(1) For an indefinite term consisting of the prescribed | 1944 |
minimum period specified by the court under division (A)(1)(b), | 1945 |
(c), (d), or (e) of section 2152.16 of the Revised Code and a | 1946 |
maximum period not to exceed the child's attainment of twenty-one | 1947 |
years of
age | 1948 |
2152.16 of the Revised Code; | 1949 |
(2) Until the child's attainment of twenty-one years of
age | 1950 |
if the child was committed for aggravated murder or murder | 1951 |
pursuant to section 2152.16 of the Revised Code; | 1952 |
(3) For a definite period of commitment | 1953 |
court under section 2152.17 of the Revised Code if the child was | 1954 |
committed pursuant to that section, which definite period shall be | 1955 |
in addition to, and shall be served consecutively with and prior | 1956 |
to, | 1957 |
of this
section | 1958 |
1959 | |
underlying delinquent act. The child shall be eligible for | 1960 |
judicial release during the commitments in accordance with section | 1961 |
2152.22 of the Revised Code. | 1962 |
(4) If the child is ten or eleven years of age, to an | 1963 |
institution, a residential care facility, a residential facility, | 1964 |
or a facility licensed by the department of job and family | 1965 |
services that the department of youth services considers best | 1966 |
designated for the training and rehabilitation of the child and | 1967 |
protection of the public. The child shall be housed separately | 1968 |
from children who are twelve years of age or older until the child | 1969 |
is released or discharged or until the child attains twelve years | 1970 |
of age, whichever occurs first. Upon the child's attainment of | 1971 |
twelve years of age, if the child has not been released or | 1972 |
discharged, the department is not required to house the child | 1973 |
separately. | 1974 |
(B)(1) Except as otherwise provided in section 5139.54 of the | 1975 |
Revised Code, the release authority of the department of youth | 1976 |
services, in accordance with section 5139.51 of the Revised Code | 1977 |
and at any time after the end of the prescribed minimum period | 1978 |
1979 | |
secure facility imposed under division (A)(1)(b), (c), (d), or (e) | 1980 |
of section 2152.16 of the Revised Code and after the expiration of | 1981 |
any term of commitment imposed under division (A), (B), (C), or | 1982 |
(D) of section 2152.17 of the Revised Code, may grant the release | 1983 |
from custody of any child committed to the department. | 1984 |
The order committing a child to the department of youth | 1985 |
services shall state that the child has been adjudicated a | 1986 |
delinquent child and state the minimum period. The jurisdiction of | 1987 |
the court terminates at the end of the minimum period except as | 1988 |
follows: | 1989 |
(a) In relation to judicial release procedures, supervision, | 1990 |
and violations; | 1991 |
(b) With respect to functions of the court related to the | 1992 |
revocation of supervised release that are specified in sections | 1993 |
5139.51 and 5139.52 of the Revised Code; | 1994 |
(c) In relation to its duties relating to serious youthful | 1995 |
offender dispositional sentences under sections 2152.13 and | 1996 |
2152.14 of the Revised Code. | 1997 |
(2) When a child has been committed to the department under | 1998 |
section 2152.16 of the Revised Code, the department shall retain | 1999 |
legal custody of the child until one of the following: | 2000 |
(a) The department discharges the child to the exclusive | 2001 |
management, control, and custody of the child's parent or the | 2002 |
guardian of the child's person or, if the child is eighteen years | 2003 |
of age or older, discharges the child. | 2004 |
(b) The committing court, upon its own motion, upon petition | 2005 |
of the parent, guardian of the person, or next friend of a child, | 2006 |
or upon petition of the department, terminates the department's | 2007 |
legal custody of the child. | 2008 |
(c) The committing court grants the child a judicial release | 2009 |
to court supervision under section 2152.22 of the Revised Code. | 2010 |
(d) The department's legal custody of the child is terminated | 2011 |
automatically by the child attaining twenty-one years of age. | 2012 |
(e) If the child is subject to a serious youthful offender | 2013 |
dispositional sentence, the adult portion of that dispositional | 2014 |
sentence is imposed under section 2152.14 of the Revised Code. | 2015 |
(C) When a child is committed to the department of youth | 2016 |
services, the department may assign the child to a hospital for | 2017 |
mental, physical, and other examination, inquiry, or treatment for | 2018 |
the period of time that is necessary. The department may remove | 2019 |
any child in its custody to a hospital for observation, and a | 2020 |
complete report of every observation at the hospital shall be made | 2021 |
in writing and shall include a record of observation, treatment, | 2022 |
and medical history and a recommendation for future treatment, | 2023 |
custody, and maintenance. The department shall thereupon order the | 2024 |
placement and treatment that it determines to be most conducive to | 2025 |
the purposes of Chapters 2151. and 5139. of the Revised Code. The | 2026 |
committing court and all public authorities shall make available | 2027 |
to the department all pertinent data in their possession with | 2028 |
respect to the case. | 2029 |
(D) Records maintained by the department of youth services | 2030 |
pertaining to the children in its custody shall be accessible only | 2031 |
to department employees, except by consent of the department, upon | 2032 |
the order of the judge of a court of record, or as provided in | 2033 |
divisions (D)(1) and (2) of this section. These records shall not | 2034 |
be considered "public records," as defined in section 149.43 of | 2035 |
the Revised Code. | 2036 |
(1) Except as otherwise provided by a law of this state or | 2037 |
the United States, the department of youth services may release | 2038 |
records that are maintained by the department of youth services | 2039 |
and that pertain to children in its custody to the department of | 2040 |
rehabilitation and correction regarding persons who are under the | 2041 |
jurisdiction of the department of rehabilitation and correction | 2042 |
and who have previously been committed to the department of youth | 2043 |
services. The department of rehabilitation and correction may use | 2044 |
those records for the limited purpose of carrying out the duties | 2045 |
of the department of rehabilitation and correction. Records | 2046 |
released by the department of youth services to the department of | 2047 |
rehabilitation and correction shall remain confidential and shall | 2048 |
not be considered public records as defined in section 149.43 of | 2049 |
the Revised Code. | 2050 |
(2) The department of youth services shall provide to the | 2051 |
superintendent of the school district in which a child discharged | 2052 |
or released from the custody of the department is entitled to | 2053 |
attend school under section 3313.64 or 3313.65 of the Revised Code | 2054 |
the records described in divisions (D)(4)(a) to (d) of section | 2055 |
2152.18 of the Revised Code. Subject to the provisions of section | 2056 |
3319.321 of the Revised Code and the Family Educational Rights and | 2057 |
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to | 2058 |
the superintendent shall remain confidential and shall not be | 2059 |
considered public records as defined in section 149.43 of the | 2060 |
Revised Code. | 2061 |
(E)(1) When a child is committed to the department of youth | 2062 |
services, the department, orally or in writing, shall notify the | 2063 |
parent, guardian, or custodian of a child that the parent, | 2064 |
guardian, or custodian may request at any time from the | 2065 |
superintendent of the institution in which the child is located | 2066 |
any of the information described in divisions (E)(1)(a), (b), (c), | 2067 |
and (d) of this section. The parent, guardian, or custodian may | 2068 |
provide the department with the name, address, and telephone | 2069 |
number of the parent, guardian, or custodian, and, until the | 2070 |
department is notified of a change of name, address, or telephone | 2071 |
number, the department shall use the name, address, and telephone | 2072 |
number provided by the parent, guardian, or custodian to provide | 2073 |
notices or answer inquiries concerning the following information: | 2074 |
(a) When the department of youth services makes a permanent | 2075 |
assignment of the child to a facility, the department, orally or | 2076 |
in writing and on or before the third business day after the day | 2077 |
the permanent assignment is made, shall notify the parent, | 2078 |
guardian, or custodian of the child of the name of the facility to | 2079 |
which the child has been permanently assigned. | 2080 |
If a parent, guardian, or custodian of a child who is | 2081 |
committed to the department of youth services requests, orally or | 2082 |
in writing, the department to provide the parent, guardian, or | 2083 |
custodian with the name of the facility in which the child is | 2084 |
currently located, the department, orally or in writing and on or | 2085 |
before the next business day after the day on which the request is | 2086 |
made, shall provide the name of that facility to the parent, | 2087 |
guardian, or custodian. | 2088 |
(b) If a parent, guardian, or custodian of a child who is | 2089 |
committed to the department of youth services, orally or in | 2090 |
writing, asks the superintendent of the institution in which the | 2091 |
child is located whether the child is being disciplined by the | 2092 |
personnel of the institution, what disciplinary measure the | 2093 |
personnel of the institution are using for the child, or why the | 2094 |
child is being disciplined, the superintendent or the | 2095 |
superintendent's designee, on or before the next business day | 2096 |
after the day on which the request is made, shall provide the | 2097 |
parent, guardian, or custodian with written or oral responses to | 2098 |
the questions. | 2099 |
(c) If a parent, guardian, or custodian of a child who is | 2100 |
committed to the department of youth services, orally or in | 2101 |
writing, asks the superintendent of the institution in which the | 2102 |
child is held whether the child is receiving any medication from | 2103 |
personnel of the institution, what type of medication the child is | 2104 |
receiving, or what condition of the child the medication is | 2105 |
intended to treat, the superintendent or the superintendent's | 2106 |
designee, on or before the next business day after the day on | 2107 |
which the request is made, shall provide the parent, guardian, or | 2108 |
custodian with oral or written responses to the questions. | 2109 |
(d) When a major incident occurs with respect to a child who | 2110 |
is committed to the department of youth services, the department, | 2111 |
as soon as reasonably possible after the major incident occurs, | 2112 |
shall notify the parent, guardian, or custodian of the child that | 2113 |
a major incident has occurred with respect to the child and of all | 2114 |
the details of that incident that the department has ascertained. | 2115 |
(2) The failure of the department of youth services to | 2116 |
provide any notification required by or answer any requests made | 2117 |
pursuant to division (E) of this section does not create a cause | 2118 |
of action against the state. | 2119 |
(F) The department of youth services, as a means of | 2120 |
punishment while the child is in its custody, shall not prohibit a | 2121 |
child who is committed to the department from seeing that child's | 2122 |
parent, guardian, or custodian during standard visitation periods | 2123 |
allowed by the department of youth services unless the | 2124 |
superintendent of the institution in which the child is held | 2125 |
determines that permitting that child to visit with the child's | 2126 |
parent, guardian, or custodian would create a safety risk to that | 2127 |
child, that child's parents, guardian, or custodian, the personnel | 2128 |
of the institution, or other children held in that institution. | 2129 |
(G) As used in this section: | 2130 |
(1) "Permanent assignment" means the assignment or transfer | 2131 |
for an extended period of time of a child who is committed to the | 2132 |
department of youth services to a facility in which the child will | 2133 |
receive training or participate in activities that are directed | 2134 |
toward the child's successful rehabilitation. "Permanent | 2135 |
assignment" does not include the transfer of a child to a facility | 2136 |
for judicial release hearings pursuant to section 2152.22 of the | 2137 |
Revised Code or for any other temporary assignment or transfer to | 2138 |
a facility. | 2139 |
(2) "Major incident" means the escape or attempted escape of | 2140 |
a child who has been committed to the department of youth services | 2141 |
from the facility to which the child is assigned; the return to | 2142 |
the custody of the department of a child who has escaped or | 2143 |
otherwise fled the custody and control of the department without | 2144 |
authorization; the allegation of any sexual activity with a child | 2145 |
committed to the department; physical injury to a child committed | 2146 |
to the department as a result of alleged abuse by department | 2147 |
staff; an accident resulting in injury to a child committed to the | 2148 |
department that requires medical care or treatment outside the | 2149 |
institution in which the child is located; the discovery of a | 2150 |
controlled substance upon the person or in the property of a child | 2151 |
committed to the department; a suicide attempt by a child | 2152 |
committed to the department; a suicide attempt by a child | 2153 |
committed to the department that results in injury to the child | 2154 |
requiring emergency medical services outside the institution in | 2155 |
which the child is located; the death of a child committed to the | 2156 |
department; an injury to a visitor at an institution under the | 2157 |
control of the department that is caused by a child committed to | 2158 |
the department; and the commission or suspected commission of an | 2159 |
act by a child committed to the department that would be an | 2160 |
offense if committed by an adult. | 2161 |
(3) "Sexual activity" has the same meaning as in section | 2162 |
2907.01 of the Revised Code. | 2163 |
(4) "Controlled substance" has the same meaning as in section | 2164 |
3719.01 of the Revised Code. | 2165 |
(5) "Residential care facility" and "residential facility" | 2166 |
have the same meanings as in section 2151.011 of the Revised Code. | 2167 |
Sec. 5139.06. (A) When a child has been committed to the | 2168 |
department of youth services, the department shall do both of the | 2169 |
following: | 2170 |
(1) Place the child in an appropriate institution under the | 2171 |
condition that it considers best designed for the training and | 2172 |
rehabilitation of the child and the protection of the public, | 2173 |
provided that the institutional placement shall be consistent with | 2174 |
the order committing the child to its custody; | 2175 |
(2) Maintain the child in institutional care or institutional | 2176 |
care in a secure facility for the required period of | 2177 |
institutionalization in a manner consistent with division (A)(1) | 2178 |
of section 2152.16 and divisions (A) to (F) of section 2152.17 of | 2179 |
the Revised Code, whichever are applicable, and with section | 2180 |
5139.38 or division (B) or (C) of section 2152.22 of the Revised | 2181 |
Code. | 2182 |
(B) When a child has been committed to the department of | 2183 |
youth services and has not been institutionalized or | 2184 |
institutionalized in a secure facility for the prescribed minimum | 2185 |
period of time | 2186 |
division (A)(1)(b), (c), (d), or (e) of section 2152.16 of the | 2187 |
Revised Code, the prescribed period of time under division | 2188 |
(A)(1)(a) of section 2152.16 of the Revised Code, or the definite | 2189 |
period or periods of commitment imposed under division (A), (B), | 2190 |
(C), or (D) of section 2152.17 of the Revised Code plus the | 2191 |
prescribed minimum period of time imposed under division | 2192 |
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised | 2193 |
Code, whichever is applicable, the department, the child, or the | 2194 |
child's parent may request the court that committed the child to | 2195 |
order a judicial release to court supervision or a judicial | 2196 |
release to department of youth services supervision in accordance | 2197 |
with division (B) or (C) of section 2152.22 of the Revised Code, | 2198 |
and the child may be released from institutionalization or | 2199 |
institutionalization in a secure facility in accordance with the | 2200 |
applicable division. A child in those circumstances shall not be | 2201 |
released from institutionalization or institutionalization in a | 2202 |
secure facility except in accordance with section 2152.22 or | 2203 |
5139.38 of the Revised Code. When a child is released pursuant to | 2204 |
a judicial release to court supervision under division (B) of | 2205 |
section 2152.22 of the Revised Code, the department shall comply | 2206 |
with division (B)(3) of that section and, if the court requests, | 2207 |
shall send the committing court a report on the child's progress | 2208 |
in the institution and recommendations for conditions of | 2209 |
supervision by the court after release. When a child is released | 2210 |
pursuant to a judicial release to department of youth services | 2211 |
supervision under division (C) of section 2152.22 of the Revised | 2212 |
Code, the department shall comply with division (C)(3) of that | 2213 |
section relative to the child and shall send the committing court | 2214 |
and the juvenile court of the county in which the child is placed | 2215 |
a copy of the treatment and rehabilitation plan described in that | 2216 |
division and the conditions that it fixed. The court of the county | 2217 |
in which the child is placed may adopt the conditions as an order | 2218 |
of the court and may add any additional consistent conditions it | 2219 |
considers appropriate, provided that the court may not add any | 2220 |
condition that decreases the level or degree of supervision | 2221 |
specified by the department in its plan, that substantially | 2222 |
increases the financial burden of supervision that will be | 2223 |
experienced by the department, or that alters the placement | 2224 |
specified by the department in its plan. Any violations of the | 2225 |
conditions of the child's judicial release or early release shall | 2226 |
be handled pursuant to division (D) of section 2152.22 of the | 2227 |
Revised Code. | 2228 |
(C) When a child has been committed to the department of | 2229 |
youth services, the department may do any of the following: | 2230 |
(1) Notwithstanding the provisions of this chapter, Chapter | 2231 |
2151., or Chapter 2152. of the Revised Code that prescribe | 2232 |
required periods of institutionalization, transfer the child to | 2233 |
any other state institution, whenever it appears that the child by | 2234 |
reason of mental illness, mental retardation, or other | 2235 |
developmental disability ought to be in another state institution. | 2236 |
Before transferring a child to any other state institution, the | 2237 |
department shall include in the minutes a record of the order of | 2238 |
transfer and the reason for the transfer and, at least seven days | 2239 |
prior to the transfer, shall send a certified copy of the order to | 2240 |
the person shown by its record to have had the care or custody of | 2241 |
the child immediately prior to the child's commitment. Except as | 2242 |
provided in division (C)(2) of this section, no person shall be | 2243 |
transferred from a benevolent institution to a correctional | 2244 |
institution or to a facility or institution operated by the | 2245 |
department of youth services. | 2246 |
(2) Notwithstanding the provisions of this chapter, Chapter | 2247 |
2151., or Chapter 2152. of the Revised Code that prescribe | 2248 |
required periods of institutionalization, transfer the child under | 2249 |
section 5120.162 of the Revised Code to a correctional medical | 2250 |
center established by the department of rehabilitation and | 2251 |
correction, whenever the child has an illness, physical condition, | 2252 |
or other medical problem and it appears that the child would | 2253 |
benefit from diagnosis or treatment at the center for that | 2254 |
illness, condition, or problem. Before transferring a child to a | 2255 |
center, the department of youth services shall include in the | 2256 |
minutes a record of the order of transfer and the reason for the | 2257 |
transfer and, except in emergency situations, at least seven days | 2258 |
prior to the transfer, shall send a certified copy of the order to | 2259 |
the person shown by its records to have had the care or custody of | 2260 |
the child immediately prior to the child's commitment. If the | 2261 |
transfer of the child occurs in an emergency situation, as soon as | 2262 |
possible after the decision is made to make the transfer, the | 2263 |
department of youth services shall send a certified copy of the | 2264 |
order to the person shown by its records to have had the care or | 2265 |
custody of the child immediately prior to the child's commitment. | 2266 |
A transfer under this division shall be in accordance with the | 2267 |
terms of the agreement the department of youth services enters | 2268 |
into with the department of rehabilitation and correction under | 2269 |
section 5120.162 of the Revised Code and shall continue only as | 2270 |
long as the child reasonably appears to receive benefit from | 2271 |
diagnosis or treatment at the center for an illness, physical | 2272 |
condition, or other medical problem. | 2273 |
(3) Revoke or modify any order of the department except an | 2274 |
order of discharge as often as conditions indicate it to be | 2275 |
desirable; | 2276 |
(4) If the child was committed pursuant to division | 2277 |
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code | 2278 |
and has been institutionalized or institutionalized in a secure | 2279 |
facility for the prescribed
minimum periods of
time under
| 2280 |
2281 | |
assign the child to a family home, a group care facility, or other | 2282 |
place maintained under public or private auspices, within or | 2283 |
without this state, for necessary treatment and rehabilitation, | 2284 |
the costs of which may be paid by the department, provided that | 2285 |
the department shall notify the committing court, in writing, of | 2286 |
the place and terms of the assignment at least fifteen days prior | 2287 |
to the scheduled date of
the assignment | 2288 |
assigned to a home, facility, or place under this division until | 2289 |
after the expiration of any term of commitment imposed on the | 2290 |
child under division (A), (B), (C), or (D) of section 2152.17 of | 2291 |
the Revised Code. | 2292 |
(5) Release the child from an institution in accordance with | 2293 |
sections 5139.51 to 5139.54 of the Revised Code in the | 2294 |
circumstances described in those sections. | 2295 |
(D) The department of youth services shall notify the | 2296 |
committing court of any order transferring the physical location | 2297 |
of any child committed to it in accordance with section 5139.35 of | 2298 |
the Revised Code. Upon the discharge from its custody and control, | 2299 |
the department may petition the court for an order terminating its | 2300 |
custody and control. | 2301 |
Sec. 5139.20. (A) Notwithstanding any other provision of the | 2302 |
Revised Code that sets forth the minimum periods or period for | 2303 |
which a child committed to the department of youth services is to | 2304 |
be institutionalized or institutionalized in a secure facility or | 2305 |
the procedures for the judicial release to court supervision or | 2306 |
judicial release to department of youth services supervision, the | 2307 |
department may grant emergency releases to children confined in | 2308 |
state juvenile institutions if the governor, upon request of the | 2309 |
director of the department authorizes the director, in writing, to | 2310 |
issue a declaration that an emergency overcrowding condition | 2311 |
exists in all of the institutions in which males are confined, or | 2312 |
in all of the institutions in which females are confined, that are | 2313 |
under the control of the department. If the governor authorizes | 2314 |
the issuance of a declaration, the director may issue the | 2315 |
declaration. If the director issues the declaration, the director | 2316 |
shall file a copy of it with the secretary of state, which copy | 2317 |
shall be a public record. Upon the filing of the copy, the | 2318 |
department is authorized to grant emergency releases to children | 2319 |
within its custody subject to division (B) of this section. The | 2320 |
authority to grant the emergency releases shall continue until the | 2321 |
expiration of thirty days from the day on which the declaration | 2322 |
was filed. The director shall not issue a declaration that an | 2323 |
emergency overcrowding condition exists unless the director | 2324 |
determines that no other method of alleviating the overcrowding | 2325 |
condition is available. | 2326 |
(B)(1) If the department is authorized under division (A) of | 2327 |
this section to grant emergency releases to children within its | 2328 |
custody, the department shall determine which, if any, children to | 2329 |
release under that authority only in accordance with this division | 2330 |
and divisions (C), (D), and (E) of this section. The department, | 2331 |
in determining which, if any, children to release, initially shall | 2332 |
classify each child within its custody according to the degree of | 2333 |
offense that the act for which the child is serving the period of | 2334 |
institutionalization would have been if committed by an adult. The | 2335 |
department then shall scrutinize individual children for emergency | 2336 |
release, based upon their degree of offense, in accordance with | 2337 |
the categories and the order of consideration set forth in | 2338 |
division (B)(2) of this section. After scrutiny of all children | 2339 |
within the particular category under consideration, the department | 2340 |
shall designate individual children within that category to whom | 2341 |
it wishes to grant an emergency release. | 2342 |
(2) The categories of children in the custody of the | 2343 |
department that may be considered for emergency release under this | 2344 |
section, and the order in which the categories shall be | 2345 |
considered, are as follows: | 2346 |
(a) Initially, only children who are not serving a period of | 2347 |
institutionalization for an act that would have been aggravated | 2348 |
murder, murder, or a felony of the first, second, third, or fourth | 2349 |
degree if committed by an adult or for an act that was committed | 2350 |
before July 1, 1996, and that would have been an aggravated felony | 2351 |
of the first, second, or third degree if committed by an adult may | 2352 |
be considered. | 2353 |
(b) When all children in the category described in division | 2354 |
(B)(2)(a) of this section have been scrutinized and all children | 2355 |
in that category who have been designated for emergency release | 2356 |
under division (B)(1) of this section have been so released, then | 2357 |
all children who are not serving a period of institutionalization | 2358 |
for an act that would have been aggravated murder, murder, or a | 2359 |
felony of the first or second degree if committed by an adult or | 2360 |
for an act that was committed before July 1, 1996, and that would | 2361 |
have been an aggravated felony of the first or second degree if | 2362 |
committed by an adult may be considered. | 2363 |
(c) When all children in the categories described in | 2364 |
divisions (B)(2)(a) and (b) of this section have been scrutinized | 2365 |
and all children in those categories who have been designated for | 2366 |
emergency release under division (B)(1) of this section have been | 2367 |
released, then all children who are not serving a term of | 2368 |
institutionalization for an act that would have been aggravated | 2369 |
murder, murder, or a felony of the first degree if committed by an | 2370 |
adult or for an act that was committed before July 1, 1996, and | 2371 |
that would have been an aggravated felony of the first or second | 2372 |
degree if committed by an adult may be considered. | 2373 |
(d) In no case shall the department consider for emergency | 2374 |
release any child who is serving a term of institutionalization | 2375 |
for an act that would have been aggravated murder, murder, or a | 2376 |
felony of the first degree if committed by an adult or for an act | 2377 |
that was committed before July 1, 1996, and that would have been | 2378 |
an aggravated felony of the first degree if committed by an adult, | 2379 |
and in no case shall the department grant an emergency release to | 2380 |
any such child pursuant to this section. | 2381 |
(C) An emergency release granted pursuant to this section | 2382 |
shall consist of one of the following: | 2383 |
(1) A supervised release under terms and conditions that the | 2384 |
department believes conducive to law-abiding conduct; | 2385 |
(2) A discharge of the child from the custody and control of | 2386 |
the department if the department is satisfied that the discharge | 2387 |
is consistent with the welfare of the individual and protection of | 2388 |
the public; | 2389 |
(3) An assignment to a family home, a group care facility, or | 2390 |
other place maintained under public or private auspices, within or | 2391 |
without this state, for necessary treatment or rehabilitation, the | 2392 |
costs of which may be paid by the department. | 2393 |
(D) If a child is granted an emergency release pursuant to | 2394 |
this section, the child thereafter shall be considered to have | 2395 |
been institutionalized or institutionalized in a secure facility | 2396 |
for the prescribed minimum period of time under division | 2397 |
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised | 2398 |
Code, or | 2399 |
under division (A)
| 2400 |
Revised Code plus the prescribed minimum period of time imposed | 2401 |
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of | 2402 |
the Revised Code, whichever is applicable. The department shall | 2403 |
retain legal custody of a child so released until it discharges | 2404 |
the child or until its custody is terminated as otherwise provided | 2405 |
by law. | 2406 |
(E)(1) If a child is granted an emergency release so that the | 2407 |
child is released on supervised release or assigned to a family | 2408 |
home, group care facility, or other place for treatment or | 2409 |
rehabilitation, the department shall prepare a written treatment | 2410 |
and rehabilitation plan for the child in accordance with division | 2411 |
(E) of section 2152.22 of the Revised Code, which shall include | 2412 |
the conditions of the child's release or assignment, and shall | 2413 |
send the committing court and the juvenile court of the county in | 2414 |
which the child is placed a copy of the plan and the conditions | 2415 |
that it fixed. The court of the county in which the child is | 2416 |
placed may adopt the conditions as an order of the court and may | 2417 |
add any additional consistent conditions it considers | 2418 |
appropriate. If a child is released on supervised release or is | 2419 |
assigned subject to specified conditions and the court of the | 2420 |
county in which the child is placed has reason to believe that the | 2421 |
child's deportment is not in accordance with any post-release | 2422 |
conditions established by the court in its journal entry, the | 2423 |
court of the county in which the child is placed, in its | 2424 |
discretion, may schedule a time for a hearing on whether the child | 2425 |
violated any of the post-release conditions. If that court | 2426 |
conducts a hearing and determines at the hearing that the child | 2427 |
violated any of the post-release conditions established in its | 2428 |
journal entry, the court, if it determines that the violation of | 2429 |
the conditions was a serious violation, may order the child to be | 2430 |
returned to the department of youth services for | 2431 |
institutionalization or, in any case, may make any other | 2432 |
disposition of the child authorized by law that the court | 2433 |
considers proper. If the court of the county in which the child is | 2434 |
placed orders the child to be returned to a department of youth | 2435 |
services institution, the child shall remain institutionalized for | 2436 |
a minimum period of three months. | 2437 |
(2) The department also shall file a written progress report | 2438 |
with the committing court regarding each child granted an | 2439 |
emergency release pursuant to this section at least once every | 2440 |
thirty days unless specifically directed otherwise by the court. | 2441 |
The report shall include the information required of reports | 2442 |
described in division (F) of section 2152.22 of the Revised Code. | 2443 |
Sec. 5139.51. (A) The release authority of the department of | 2444 |
youth services shall not release a child who is in the custody of | 2445 |
the department of youth services from institutional care or | 2446 |
institutional care in a secure facility and shall not discharge | 2447 |
the child or order the child's release on supervised release prior | 2448 |
to the expiration of the prescribed minimum period of | 2449 |
institutionalization or institutionalization in a secure facility | 2450 |
imposed under division (A)(1)(b), (c), (d), or (e) of section | 2451 |
2152.16 of the Revised Code, prior to the expiration of all | 2452 |
definite periods of commitment imposed under division (A), (B), | 2453 |
(C), or (D) of section 2152.17 of the Revised Code plus the | 2454 |
prescribed minimum period of time imposed under division | 2455 |
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised | 2456 |
Code, or prior to the child's attainment of twenty-one years of | 2457 |
age, whichever is applicable under the order of commitment, other | 2458 |
than as is provided in section 2152.22 of the Revised Code. The | 2459 |
release authority may conduct periodic reviews of the case of each | 2460 |
child who is in the custody of the department and who is eligible | 2461 |
for supervised release or discharge after completing the minimum | 2462 |
period of time or period of time in an institution prescribed by | 2463 |
the committing court. At least thirty days prior to conducting a | 2464 |
periodic review of the case of a child who was committed to the | 2465 |
department regarding the possibility of supervised release or | 2466 |
discharge and at least thirty days prior to conducting a release | 2467 |
review, a release hearing, or a discharge review under division | 2468 |
(E) of this section, the release authority shall give notice of | 2469 |
the review or hearing to the court that committed the child, to | 2470 |
the prosecuting attorney in the case, and to the victim of the | 2471 |
delinquent act for which the child was committed or the victim's | 2472 |
representative. If a child is on supervised release and has had | 2473 |
the child's parole revoked, and if, upon release, there is | 2474 |
insufficient time to provide the notices otherwise required by | 2475 |
this division, the release authority, at least ten days prior to | 2476 |
the child's release, shall provide reasonable notice of the | 2477 |
child's release to the court that committed the child, to the | 2478 |
prosecuting attorney in the case, and to the victim of the | 2479 |
delinquent act for which the child was committed or the victim's | 2480 |
representative. The court or prosecuting attorney may submit to | 2481 |
the release authority written comments regarding, or written | 2482 |
objections to, the supervised release or discharge of that child. | 2483 |
Additionally, if the child was committed for an act that is a | 2484 |
category one or category two offense, the court or prosecuting | 2485 |
attorney orally may communicate to a representative of the release | 2486 |
authority comments regarding, or objections to, the supervised | 2487 |
release or discharge of the child or, if a hearing is held | 2488 |
regarding the possible release or discharge of the child, may | 2489 |
communicate those comments at the hearing. In conducting the | 2490 |
review of the child's case regarding the possibility of supervised | 2491 |
release or discharge, the release authority shall consider any | 2492 |
comments and objections so submitted or communicated by the court | 2493 |
or prosecutor and any statements or comments submitted or | 2494 |
communicated under section 5139.56 of the Revised Code by a victim | 2495 |
of an act for which the child was committed to the legal custody | 2496 |
of the department or by the victim's representative of a victim of | 2497 |
an act of that type. | 2498 |
The release authority shall determine the date on which a | 2499 |
child may be placed on supervised release or discharged. If the | 2500 |
release authority believes that a child should be placed on | 2501 |
supervised release, it shall comply with division (B) of this | 2502 |
section. If the release authority believes that a child should be | 2503 |
discharged, it shall comply with division (C) or (E) of this | 2504 |
section. If the release authority denies the supervised release or | 2505 |
discharge of a child, it shall provide the child with a written | 2506 |
record of the reasons for the decision. | 2507 |
(B)(1) When the release authority decides to place a child on | 2508 |
supervised release, consistent with division (D) of this section, | 2509 |
the department shall prepare a written supervised release plan | 2510 |
that specifies the terms and conditions upon which the child is to | 2511 |
be released from an institution on supervised release and, at | 2512 |
least thirty days prior to the release of the child on the | 2513 |
supervised release, shall send to the committing court and the | 2514 |
juvenile court of the county in which the child will be placed a | 2515 |
copy of the supervised release plan and the terms and conditions | 2516 |
of release. The juvenile court of the county in which the child | 2517 |
will be placed, within fifteen days after its receipt of the copy | 2518 |
of the supervised release plan, may add to the supervised release | 2519 |
plan any additional consistent terms and conditions it considers | 2520 |
appropriate, provided that the court may not add any term or | 2521 |
condition that decreases the level or degree of supervision | 2522 |
specified by the release authority in the plan, that substantially | 2523 |
increases the financial burden of supervision that will be | 2524 |
experienced by the department of youth services, or that alters | 2525 |
the placement specified by the plan. | 2526 |
If, within fifteen days after its receipt of the copy of the | 2527 |
supervised release plan, the juvenile court of the county in which | 2528 |
the child will be placed does not add to the supervised release | 2529 |
plan any additional terms and conditions, the court shall enter | 2530 |
the supervised release plan in its journal within that fifteen-day | 2531 |
period and, within that fifteen-day period, shall send to the | 2532 |
release authority a copy of the journal entry of the supervised | 2533 |
release plan. The journalized plan shall apply regarding the | 2534 |
child's supervised release. | 2535 |
If, within fifteen days after its receipt of the copy of the | 2536 |
supervised release plan, the juvenile court of the county in which | 2537 |
the child will be placed adds to the supervised release plan any | 2538 |
additional terms and conditions, the court shall enter the | 2539 |
supervised release plan and the additional terms and conditions in | 2540 |
its journal and, within that fifteen-day period, shall send to the | 2541 |
release authority a copy of the journal entry of the supervised | 2542 |
release plan and additional terms and conditions. The journalized | 2543 |
supervised release plan and additional terms and conditions added | 2544 |
by the court that satisfy the criteria described in this division | 2545 |
shall apply regarding the child's supervised release. | 2546 |
If, within fifteen days after its receipt of the copy of the | 2547 |
supervised release plan, the juvenile court of the county in which | 2548 |
the child will be placed neither enters in its journal the | 2549 |
supervised release plan nor enters in its journal the supervised | 2550 |
release plan plus additional terms and conditions added by the | 2551 |
court, the court and the department of youth services may attempt | 2552 |
to resolve any differences regarding the plan within three days. | 2553 |
If a resolution is not reached within that three-day period, | 2554 |
thereafter, the supervised release plan shall be enforceable to | 2555 |
the same extent as if the court actually had entered the | 2556 |
supervised release plan in its journal. | 2557 |
(2) When the release authority receives from the court a copy | 2558 |
of the journalized supervised release plan and, if applicable, a | 2559 |
copy of the journalized additional terms and conditions added by | 2560 |
the court, the release authority shall keep the original copy or | 2561 |
copies in the child's file and shall provide a copy of each | 2562 |
document to the child, the employee of the department who is | 2563 |
assigned to supervise and assist the child while on release, and | 2564 |
the committing court. | 2565 |
(C) If a child who is in the custody of the department of | 2566 |
youth services was committed pursuant to division (A)(1)(b), (c), | 2567 |
(d), or (e) of section 2152.16 of the Revised Code and has been | 2568 |
institutionalized or institutionalized in a secure facility for | 2569 |
the prescribed minimum | 2570 |
those divisions the child was committed or was committed to the | 2571 |
custody of the department pursuant to both division (A), (B), (C), | 2572 |
or (D) of section 2152.17 of the Revised Code and division | 2573 |
(A)(1)(b), (c), (d), or (e) of section 2152.16 of the Revised Code | 2574 |
and has been institutionalized or institutionalized in a secure | 2575 |
facility for all of the definite periods of commitment imposed | 2576 |
under division (A), (B), (C), or (D) of section 2152.17 of the | 2577 |
Revised Code plus the prescribed minimum period of time imposed | 2578 |
under division (A)(1)(b), (c), (d), or (e) of section 2152.16 of | 2579 |
the Revised Code, whichever is applicable, and if the release | 2580 |
authority is satisfied that the discharge of the child without the | 2581 |
child being placed on supervised release would be consistent with | 2582 |
the welfare of the child and protection of the public, the release | 2583 |
authority, without approval of the court that committed the child, | 2584 |
may discharge the child from the department's custody and control | 2585 |
without placing the child on supervised release. Additionally, the | 2586 |
release authority may discharge a child in the department's | 2587 |
custody without the child being placed on supervised release if | 2588 |
the child is removed from the jurisdiction of this state by a | 2589 |
court order of a court of this state, another state, or the United | 2590 |
States, or by any agency of this state, another state, or the | 2591 |
United States, if the child is convicted of or pleads guilty to | 2592 |
any criminal offense, or as otherwise provided by law. At least | 2593 |
fifteen days before the scheduled date of discharge of the child | 2594 |
without the child being placed on supervised release, the | 2595 |
department shall notify the committing court, in writing, that it | 2596 |
is going to discharge the child and of the reason for the | 2597 |
discharge. Upon discharge of the child without the child being | 2598 |
placed on supervised release, the department immediately shall | 2599 |
certify the discharge in writing and shall transmit the | 2600 |
certificate of discharge to the committing court. | 2601 |
(D) In addition to requirements that are reasonably related | 2602 |
to the child's prior pattern of criminal or delinquent behavior | 2603 |
and the prevention of further criminal or delinquent behavior, the | 2604 |
release authority shall specify the following requirements for | 2605 |
each child whom it releases: | 2606 |
(1) The child shall observe the law. | 2607 |
(2) The child shall maintain appropriate contact, as | 2608 |
specified in the written supervised release plan for that child. | 2609 |
(3) The child shall not change residence unless the child | 2610 |
seeks prior approval for the change from the employee of the | 2611 |
department assigned to supervise and assist the child, provides | 2612 |
that employee, at the time the child seeks the prior approval for | 2613 |
the change, with appropriate information regarding the new | 2614 |
residence address at which the child wishes to reside, and obtains | 2615 |
the prior approval of that employee for the change. | 2616 |
(E) The period of a child's supervised release may extend | 2617 |
from the date of release from an institution until the child | 2618 |
attains twenty-one years of age. If the period of supervised | 2619 |
release extends beyond one year after the date of release, the | 2620 |
child may request in writing that the release authority conduct a | 2621 |
discharge review after the expiration of the one-year period or | 2622 |
the minimum period or period. If the child so requests, the | 2623 |
release authority shall conduct a discharge review and give the | 2624 |
child its decision in writing. The release authority shall not | 2625 |
grant a discharge prior to the discharge date if it finds good | 2626 |
cause for retaining the child in the custody of the department | 2627 |
until the discharge date. A child may request an additional | 2628 |
discharge review six months after the date of a previous discharge | 2629 |
review decision, but not more than once during any six-month | 2630 |
period after the date of a previous discharge review decision. | 2631 |
(F) At least two weeks before the release authority places on | 2632 |
supervised release or discharge a child who was committed to the | 2633 |
legal custody of the department, the release authority shall | 2634 |
provide notice of the release or discharge as follows: | 2635 |
(1) In relation to the placement on supervised release or | 2636 |
discharge of a child who was committed to the department for | 2637 |
committing an act that is a category one or category two offense, | 2638 |
the release authority shall notify, by the specified deadline, all | 2639 |
of the following of the release or discharge: | 2640 |
(a) The prosecuting attorney of the county in which the child | 2641 |
was adjudicated a delinquent child and committed to the custody of | 2642 |
the department; | 2643 |
(b) Whichever of the following is applicable: | 2644 |
(i) If upon the supervised release or discharge the child | 2645 |
will reside in a municipal corporation, the chief of police or | 2646 |
other chief law enforcement officer of that municipal corporation; | 2647 |
(ii) If upon the supervised release or discharge the child | 2648 |
will reside in an unincorporated area of a county, the sheriff of | 2649 |
that county. | 2650 |
(2) In relation to the placement on supervised release or | 2651 |
discharge of a child who was committed to the department for | 2652 |
committing any act, the release authority shall notify, by the | 2653 |
specified deadline, each victim of the act for which the child was | 2654 |
committed to the legal custody of the department who, pursuant to | 2655 |
section 5139.56 of the Revised Code, has requested to be notified | 2656 |
of the placement of the child on supervised release or the | 2657 |
discharge of the child, provided that, if any victim has | 2658 |
designated a person pursuant to that section to act on the | 2659 |
victim's behalf as a victim's representative, the notification | 2660 |
required by this division shall be provided to that victim's | 2661 |
representative. | 2662 |
Section 2. That existing sections 2151.23, 2151.31, | 2663 |
2151.314, 2152.02, 2152.021, 2152.10, 2152.12, 2152.13, 2152.14, | 2664 |
2152.17, 2152.22, 5139.01, 5139.05, 5139.06, 5139.20, and 5139.51 | 2665 |
and section 2152.11 of the Revised Code are hereby repealed. | 2666 |
Section 3. The amendments to sections 2151.23, 2151.31, | 2667 |
2151.314, 2152.02, 2152.021, 2152.10, 2152.12, 2152.13, 2152.14, | 2668 |
2152.17, 2152.22, 5139.01, 5139.05, 5139.06, 5139.20, and | 2669 |
5139.51 and the repeal of section 2152.11 of the Revised Code | 2670 |
made in Sections 1 and 2 of this act apply only to a child who | 2671 |
is charged with an act that allegedly was committed on or after | 2672 |
the effective date of this act. The versions of sections | 2673 |
2151.23, 2151.31, 2151.314, 2152.02, 2152.021, 2152.10, 2152.11, | 2674 |
2152.12, 2152.13, 2152.14, 2152.17, 2152.22, 5139.01, 5139.05, | 2675 |
5139.06, 5139.20, and 5139.51 of the Revised Code in effect | 2676 |
immediately prior to the effective date of this act apply to a | 2677 |
child who is charged with an act that allegedly was committed | 2678 |
prior to the effective date of this act. | 2679 |
Section 4. Section 2151.23 of the Revised Code is presented | 2680 |
in this act as a composite of the section as amended by both Am. | 2681 |
Sub. H.B. 214 and Am. Sub. S.B. 10 of the 127th General Assembly. | 2682 |
The General Assembly, applying the principle stated in division | 2683 |
(B) of section 1.52 of the Revised Code that amendments are to be | 2684 |
harmonized if reasonably capable of simultaneous operation, finds | 2685 |
that the composite is the resulting version of the section in | 2686 |
effect prior to the effective date of the section as presented in | 2687 |
this act. | 2688 |