Bill Text: OH HB235 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: Regarding the transfer for criminal prosecution of an alleged delinquent child, the eligibility for imposition of a serious youthful offender dispositional sentence, the commitment of a delinquent child to the Department of Youth Services based on a firearm specification or certain aggravated vehicular homicide specifications, and the granting of a judicial release to a delinquent child.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2009-06-23 - To Criminal Justice [HB235 Detail]

Download: Ohio-2009-HB235-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 235

Representative Heard 

Cosponsors: Representatives Domenick, Foley, Murray, Harris, Hagan, Williams, S., Newcomb, Boyd, Letson 

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A BILL

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

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 ana	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 if the case is transferred for criminal	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 that section	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, divisionsdivision (A) and (B) of section 2152.12	197
of the Revised Code dodoes not apply regarding the act, and the	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 division (B) of	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) "Discretionary serious youthful offender" means a person	512
who is eligible for a discretionary SYO and who is not transferred	513
to adult court under a mandatory or discretionary transfer.	514

(H) "Discretionary SYO"Serious youthful offender	515
disposition" means a case in which the juvenile court, in the	516
juvenile court's discretion, may impose a serious youthful	517
offender dispositiondispositional sentence under section 2152.13	518
of the Revised Code.	519

(I) "Discretionary transfer" means that the juvenile court	520
has discretion to transfer a case for criminal prosecution under	521
division (B) of section 2152.12 of the Revised Code.	522

(J)(H) "Drug abuse offense," "felony drug abuse offense," and	523
"minor drug possession offense" have the same meanings as in	524
section 2925.01 of the Revised Code.	525

(K)(I) "Electronic monitoring" and "electronic monitoring	526
device" have the same meanings as in section 2929.01 of the	527
Revised Code.	528

(L)(J) "Economic loss" means any economic detriment suffered	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

(M)(K) "Firearm" has the same meaning as in section 2923.11	538
of the Revised Code.	539

(N)(L) "Juvenile traffic offender" means any child who	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

(O)(M) A "legitimate excuse for absence from the public	548
school the child is supposed to attend" has the same meaning as in	549
section 2151.011 of the Revised Code.	550

(P) "Mandatory serious youthful offender" means a person who	551
is eligible for a mandatory SYO and who is not transferred to	552
adult court under a mandatory or discretionary transfer.	553

(Q) "Mandatory SYO" means a case in which the juvenile court	554
is required to impose a mandatory serious youthful offender	555
disposition under section 2152.13 of the Revised Code.	556

(R) "Mandatory transfer" means that a case is required to be	557
transferred for criminal prosecution under division (A) of section	558
2152.12 of the Revised Code.	559

(S)(N) "Mental illness" has the same meaning as in section	560
5122.01 of the Revised Code.	561

(T)(O) "Mentally retarded person" has the same meaning as in	562
section 5123.01 of the Revised Code.	563

(U)(P) "Monitored time" and "repeat violent offender" have	564
the same meanings as in section 2929.01 of the Revised Code.	565

(V)(Q) "Of compulsory school age" has the same meaning as in	566
section 3321.01 of the Revised Code.	567

(W)(R) "Public record" has the same meaning as in section	568
149.43 of the Revised Code.	569

(X)(S) "Serious youthful offender" means a person who is	570
eligible for a mandatory SYO or discretionary SYOserious youthful	571
offender disposition but who is not transferred to adult court	572
under a mandatory or discretionary transfersection 2152.12 of the	573
Revised Code.	574

(Y)(T) "Sexually oriented offense," "juvenile offender	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

(Z)(U) "Traditional juvenile disposition" means a case that	582
is not transferred to adult court under a mandatory or	583
discretionary transfer, that is eligible for a disposition under	584
sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised	585
Code, andin a case that is not eligible for a disposition	586
transferred to adult court under section 2152.132152.12 of the	587
Revised Code.	588

(AA)(V) "Transfer" means the transfer for criminal	589
prosecution of a case involving the alleged commission by a child	590
of an act that would be ana felony offense of violence if	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

(BB) "Category one offense" means any of the following:

599

(1) A violation of section 2903.01 or 2903.02 of the Revised	600
Code;	601

(2) A violation of section 2923.02 of the Revised Code	602
involving an attempt to commit aggravated murder or murder.	603

(CC) "Category two offense" means any of the following:

604

(1) A violation of section 2903.03, 2905.01, 2907.02,	605
2909.02, 2911.01, or 2911.11 of the Revised Code;	606

(2) A violation of section 2903.04 of the Revised Code that	607
is a felony of the first degree;	608

(3) A violation of section 2907.12 of the Revised Code as it	609
existed prior to September 3, 1996.	610

(DD)(W) "Non-economic loss" means nonpecuniary harm suffered	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 dispositional sentence under section 2152.11 of the	633
Revised Codedisposition and if the prosecuting attorney desires	634
to seek a serious youthful offender dispositional sentence under	635
that section 2152.13 of the Revised Code in regard to the child,	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 is eligible for mandatory transfer and shall be transferred	719
as provided in section 2152.12 of the Revised Code in any of the	720
following circumstances:	721

(1) The child is charged with a category one offense and	722
either of the following apply:	723

(a) The child was sixteen years of age or older at the time	724
of the act charged.	725

(b) The child was fourteen or fifteen years of age at the	726
time of the act charged and previously was adjudicated a	727
delinquent child for committing an act that is a category one or	728
category two offense and was committed to the legal custody of the	729
department of youth services upon the basis of that adjudication.	730

(2) The child is charged with a category two offense, other	731
than a violation of section 2905.01 of the Revised Code, the child	732
was sixteen years of age or older at the time of the commission of	733
the act charged, and either or both of the following apply:	734

(a) The child previously was adjudicated a delinquent child	735
for committing an act that is a category one or a category two	736
offense and was committed to the legal custody of the department	737
of youth services on the basis of that adjudication.	738

(b) The child is alleged to have had a firearm on or about	739
the child's person or under the child's control while committing	740
the act charged and to have displayed the firearm, brandished the	741
firearm, indicated possession of the firearm, or used the firearm	742
to facilitate the commission of the act charged.	743

(3) Division (A)(2) of section 2152.12 of the Revised Code	744
applies.	745

(B) Unless the child is subject to mandatory transfer, if a	746
child, who is fourteen years of age or older at the time of the	747
act charged, and if the childwho is charged with an act that	748
would be a felony offense of violence if committed by an adult,	749
the child is eligible for discretionary transfer to the	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 section 2152.11 of the Revised Codethis chapter.	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)(a) After a complaint has been filed	763
alleging that a child is a delinquent child for committing an act	764
that would be aggravated murder, murder, attempted aggravated	765
murder, or attempted murder if committed by an adult, the juvenile	766
court at a hearing shall transfer the case if the child was	767
sixteen or seventeen years of age at the time of the act charged	768
and there is probable cause to believe that the child committed	769
the act charged. The juvenile court also shall transfer the case	770
at a hearing if the child was fourteen or fifteen years of age at	771
the time of the act charged, if section 2152.10 of the Revised	772
Code provides that the child is eligible for mandatory transfer,	773
and if there is probable cause to believe that the child committed	774
the act charged.	775

(b) After a complaint has been filed alleging that a child is	776
a delinquent child by reason of committing a category two offense,	777
the juvenile court at a hearing shall transfer the case if section	778
2152.10 of the Revised Code requires the mandatory transfer of the	779
case and there is probable cause to believe that the child	780
committed the act charged.	781

(2) The juvenile court also shall transfer a case in the	782
circumstances described in division (C)(5) of section 2152.02 of	783
the Revised Code or if either of the following applies:	784

(a) A complaint is filed against a child who is eligible for	785
a discretionary transfer under section 2152.10 of the Revised Code	786
and who previously was convicted of or pleaded guilty to a felony	787
in a case that was transferred to a criminal court.	788

(b) A complaint is filed against a child who is domiciled in	789
another state alleging that the child is a delinquent child for	790
committing an act that would be a felony if committed by an adult,	791
and, if the act charged had been committed in that other state,	792
the child would be subject to criminal prosecution as an adult	793
under the law of that other state without the need for a transfer	794
of jurisdiction from a juvenile, family, or similar noncriminal	795
court to a criminal court.	796

(B) Except as provided in division (A) of this section, after	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

(1)(a) The child was fourteen years of age or older at the	803
time of the act charged.	804

(2)(b) There is probable cause to believe that the child	805
committed the act charged.	806

(3)(c) The child is not amenable to care or rehabilitation	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 (D)(C) of this section	811
indicating that the case should be transferred outweigh the	812
applicable factors under division (E)(D) of this section	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

(C)(B) Before considering a transfer under division (B)(A)(1)	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

(D)(C) In considering whether to transfer a child under	830
division (B)(A)(1) of this section, the juvenile court shall	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

(E)(D) In considering whether to transfer a child under	861
division (B)(A)(1) of this section, the juvenile court shall	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

(F) If one or more complaints are filed alleging that a child	883
is a delinquent child for committing two or more acts that would	884
be offenses if committed by an adult, if a motion is made alleging	885
that division (A) of this section applies and requires that the	886
case or cases involving one or more of the acts charged be	887
transferred for, and if a motion also is made requesting that the	888
case or cases involving one or more of the acts charged be	889
transferred pursuant to division (B) of this section, the juvenile	890
court, in deciding the motions, shall proceed in the following	891
manner:	892

(1) Initially, the court shall decide the motion alleging	893
that division (A) of this section applies and requires that the	894
case or cases involving one or more of the acts charged be	895
transferred.	896

(2) If the court determines that division (A) of this section	897
applies and requires that the case or cases involving one or more	898
of the acts charged be transferred, the court shall transfer the	899
case or cases in accordance with that division. After the transfer	900
pursuant to division (A) of this section, the court shall decide,	901
in accordance with division (B) of this section, whether to grant	902
the motion requesting that the case or cases involving one or more	903
of the acts charged be transferred pursuant to that division.	904
Notwithstanding division (B) of this section, prior to	905
transferring a case pursuant to division (A) of this section, the	906
court is not required to consider any factor specified in division	907
(D) or (E) of this section or to conduct an investigation under	908
division (C) of this section.	909

(3) If the court determines that division (A) of this section	910
does not require that the case or cases involving one or more of	911
the acts charged be transferred, the court shall decide in	912
accordance with division (B) of this section whether to grant the	913
motion requesting that the case or cases involving one or more of	914
the acts charged be transferred pursuant to that division.	915

(G)(E) The court shall give notice in writing of the time,	916
place, and purpose of any hearing held pursuant to division (A)	917
or (B)(1) of this section to the child's parents, guardian, or	918
other custodian and to the child's counsel at least three days	919
prior to the hearing.	920

(H)(F) No person, either before or after reaching eighteen	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) or (B)(1)	924
of this section or unless division (J)(H) of this section applies.	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

(I)(G) Upon the transfer of a case under division (A)(1) or	931
(B)(2) of this section, the juvenile court shall state the reasons	932
for the transfer on the record, and shall order the child to enter	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

(J)(H) If a person under eighteen years of age allegedly	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, divisionsdivision (A) and (B) of this	950
section dodoes not apply regarding the act, and the case charging	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 the	971
dispositional sentencea serious youthful offender disposition.	972
The prosecuting attorney may initiate the process in any of the	973
following ways:	974

(1)(a) Obtaining an indictment of the child as a serious	975
youthful offender;	976

(2) The(b) If the child waives the right to indictment,	977
charging the child in a bill of information as a serious youthful	978
offender;	979

(3)(c) Until an indictment or information is obtained,	980
requesting a serious youthful offender dispositional sentence in	981
the original complaint alleging that the child is a delinquent	982
child;	983

(4)(d) Until an indictment or information is obtained, if the	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

(a)(i) The date of the child's first juvenile court hearing	991
regarding the complaint;	992

(b)(ii) The date the juvenile court determines not to	993
transfer the case under section 2152.12 of the Revised Code.	994

After a written notice is filed under division (A)(4)(2)(d)	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)(1)(2)(a) or (2)(b) of	1001
this section and if a notice or complaint as described in division	1002
(A)(3)(2)(c) or (4)(d) of this section indicates that the	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 by age eligible under	1007
division (A)(1) of this section for, or required to receive, a	1008
serious youthful offender dispositional sentencedisposition.	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 by ageunder division	1013
(A)(1) of this section for a serious youthful offender	1014
dispositional sentencedisposition. The grand jury may be	1015
impaneled by the court of common pleas or the juvenile court.	1016

Once a child is indicted, or charged by information or the	1017
juvenile court determines that the child is eligible under	1018
division (A)(1) of this section for a serious youthful offender	1019
dispositional sentencedisposition, the child is entitled to an	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 thea child for whom a serious youthful offender	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) If a child is adjudicated a delinquent child for	1046
committing an act under circumstances that require the juvenile	1047
court to impose upon the child a serious youthful offender	1048
dispositional sentence under section 2152.11 of the Revised Code,	1049
all of the following apply:	1050

(a) The juvenile court shall impose upon the child a sentence	1051
available for the violation, as if the child were an adult, under	1052
Chapter 2929. of the Revised Code, except that the juvenile court	1053
shall not impose on the child a sentence of death or life	1054
imprisonment without parole.	1055

(b) The juvenile court also shall impose upon the child one	1056
or more traditional juvenile dispositions under sections 2152.16,	1057
2152.19, and 2152.20, and, if applicable, section 2152.17 of the	1058
Revised Code.	1059

(c) The juvenile court shall stay the adult portion of the	1060
serious youthful offender dispositional sentence pending the	1061
successful completion of the traditional juvenile dispositions	1062
imposed.	1063

(2)(a) If a child is adjudicated a delinquent child for	1064
committing an actand under circumstances that allow, but do not	1065
require, the juvenile court to impose ondivision (A)(1) of this	1066
section the child is eligible for a serious youthful offender	1067
dispositional sentence under section 2152.11 of the Revised Code	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)(2)(1)(a)(i)	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)(2)(1)(a)(i) of this section,	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

(3)(2) A child upon whom a serious youthful offender	1095
dispositional sentence is imposed under division (D)(1) or (2) of	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 and, if the	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 anythat commitment orand any other disposition the	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 shallmay commit the child to the department of youth	1252
services for the specification for a definite period of not less	1253
than one and not more than three years, and the court also shall	1254
commit the child to the department for the underlying delinquent	1255
act under sections 2152.11 to 2152.16 of the Revised Code.	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 shallmay commit the	1263
child to the department of youth services for the specification	1264
for a definite period of not less than one and not more than five	1265
years, and the court also shall commit the child to the department	1266
for the underlying delinquent act under sections 2152.11 to	1267
2152.16 of the Revised Code.	1268

(B) Division (A) of this section also applies to a child who	1269
is an accomplice to the same extent the firearm specifications	1270
would apply to an adult accomplice in a criminal proceedingIf a	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 shallmay commit the child for the	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 not less than one and not more than three	1298
years, subject to division (D)(2) of this section, and the court	1299
also shall commit the child to the department for the underlying	1300
delinquent act.	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, and eachand the child shall be eligible for	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 and, prior to the expiration	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 thethat prescribed minimum term for which the child	1402
was committed to the department or, ifperiod of commitment.	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, provided any commitment imposed under	1410
division (A), (B), (C), or (D) of section 2152.17 of the Revised	1411
Code has ended.	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 during the	1483
secondfor any of the following periods of time:	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
thethat prescribed minimum term for which the child was committed	1491
to the department or, ifperiod of commitment.	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, provided any commitment	1499
imposed under division (A), (B), (C), or (D) of section 2152.17 of	1500
the Revised Code has ended;	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" and "category two offense" have	1802
the same meanings as in section 2151.26 of the Revised Codemeans	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, if the child was committed pursuant to section	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 thatspecified by the	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, athe period of commitment described in division (A)(1) or (2)	1957
of this section, if the child was committed pursuant to section	1958
2152.17 of the Revised Code;that is imposed for the child's	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
specifiedof institutionalization or institutionalization in a	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, including, but not limited to, aimposed under	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 those	2280
divisionsthe division pursuant to which the commitment was made,	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;. A child may not be	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 divisionsall definite periods of commitment imposed	2399
under division (A) and, (B), (C), or (D) of section 2152.17 of the	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 periodsperiod of time under whichever of	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