SB 270

As Introduced
136th General Assembly
   Regular Session  S. B. No. 270
       2025-2026
  Senators Manning, Hicks-Hudson
  To amend sections 2152.16, 2152.17, 2152.19,  1
  2152.22, 2152.26, 5139.01, 5139.05, 5139.06,  2
  5139.20, 5139.35, and 5139.51 of the Revised  3
  Code to modify provisions relating to commitment  4
  of delinquent children to the department of  5
  youth services.  6
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 2152.16, 2152.17, 2152.19,  7
2152.22, 2152.26, 5139.01, 5139.05, 5139.06, 5139.20, 5139.35,  8
and 5139.51 of the Revised Code be amended to read as follows:  9
     Sec. 2152.16. (A)(1) If a child is adjudicated a  10
delinquent child for committing an act that would be a felony if  11
committed by an adult and if the act was committed by the  12
delinquent child when the child was fourteen years of age or  13
older, the juvenile court may commit the child to the legal  14
custody of the department of youth services for secure  15
confinement as follows:  16
     (a) For an act that would be aggravated murder or murder  17
if committed by an adult, until the offender attains twenty-one  18
years of age;  19
     (b) For a violation of section 2923.02 of the Revised Code  20
S. B. No. 270  Page 2
As Introduced
that involves an attempt to commit an act that would be  21
aggravated murder or murder if committed by an adult, a minimum  22
period of six to seven years as prescribed by the court and a  23
maximum period not to exceed the child's attainment of twenty-  24
one years of age;  25
        (c) For a violation of section 2903.03, 2905.01, 2909.02,  26
or 2911.01 or division (A) of section 2903.04 of the Revised  27
Code or for a violation of any provision of section 2907.02 of  28
the Revised Code other than division (A)(1)(b) of that section  29
when the sexual conduct or insertion involved was consensual and  30
when the victim of the violation of division (A)(1)(b) of that  31
section was older than the delinquent child, was the same age as  32
the delinquent child, or was less than three years younger than  33
the delinquent child, for an indefinite term consisting of a  34
minimum period of one to three years, as prescribed by the  35
court, and a maximum period not to exceed the child's attainment  36
of twenty-one years of age;  37
        (d) If the child is adjudicated a delinquent child for  38
committing an act that is not described in division (A)(1)(b) or  39
(c) of this section and that would be a felony of the first or  40
second degree if committed by an adult, for an indefinite term  41
consisting of a minimum period of one year and a maximum period  42
not to exceed the child's attainment of twenty-one years of  43
age.;  44
        (e) For committing an act that would be a felony of the  45
third, fourth, or fifth degree if committed by an adult or for a  46
violation of division (A) of section 2923.211 of the Revised  47
Code, for an indefinite term consisting of a minimum period of  48
six months and a maximum period not to exceed the child's  49
attainment of twenty-one years of age;  50
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As Introduced
       (f) Except as provided in division (A)(2) of this section,  51
for committing an act that would be a felony of the fourth or  52
fifth degree if committed by an adult or for a violation of  53
division (A) of section 2923.211 of the Revised Code, for an  54
indefinite term consisting of a minimum period of six months and  55
a maximum period not to exceed the child's attainment of twenty-  56
one years of age.  57
       (2) A delinquent child shall not be admitted to a  58
department of youth services facility or committed to the legal  59
custody of the department of youth services if the child is  60
adjudicated a delinquent child for committing an act that would  61
be a felony of the fourth or fifth degree if committed by an  62
adult, unless the child is adjudicated a delinquent child for an  63
offense that would be a felony offense of violence if committed  64
by an adult, the child has previously been adjudicated a  65
delinquent child for committing an act that would be a felony if  66
committed by an adult, or the child is also adjudicated a  67
delinquent child for committing an act that would be a felony of  68
the first, second, or third degree.  69
       (3) In each case in which a court makes a disposition  70
under this section, the court retains control over the  71
commitment for the minimum period specified by the court in  72
divisions (A)(1)(a) to (e)(f) of this section. During the  73
minimum period, the department of youth services shall not move  74
the child to a nonsecure setting without the permission of the  75
court that imposed the disposition.  76
       (B)(1) Subject to division (B)(2) of this section, if a  77
delinquent child is committed to the department of youth  78
services under this section, the department may release the  79
child at any time after the minimum period specified by the  80
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As Introduced
court in division (A)(1) of this section ends.  81
       (2) A commitment under this section is subject to a  82
supervised release or to a discharge of the child from the  83
custody of the department for medical reasons pursuant to  84
section 5139.54 of the Revised Code, but, during the minimum  85
period specified by the court in division (A)(1) of this  86
section, the department shall obtain court approval of a  87
supervised release or discharge under that section.  88
       (C) If a child is adjudicated a delinquent child, at the  89
dispositional hearing and prior to making any disposition  90
pursuant to this section, the court shall determine whether the  91
delinquent child previously has been adjudicated a delinquent  92
child for a violation of a law or ordinance. If the delinquent  93
child previously has been adjudicated a delinquent child for a  94
violation of a law or ordinance, the court, for purposes of  95
entering an order of disposition of the delinquent child under  96
this section, shall consider the previous delinquent child  97
adjudication as a conviction of a violation of the law or  98
ordinance in determining the degree of the offense the current  99
act would be had it been committed by an adult. This division  100
also shall apply in relation to the imposition of any financial  101
sanction under section 2152.19 of the Revised Code.  102
       Sec. 2152.17. (A) Subject to division (D) of this section,  103
if If a child is adjudicated a delinquent child for committing  104
an act, other than a violation of section 2923.12 of the Revised  105
Code, that would be a felony if committed by an adult, if the  106
act was committed by the delinquent child when the child was  107
fourteen years of age or older, and if the court determines  108
that, if the child was an adult, the child would be guilty of a  109
specification of the type set forth in section 2941.141,  110
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As Introduced
2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414, or 2941.1415  111
of the Revised Code, in addition to any commitment or other  112
disposition the court imposes for the underlying delinquent act,  113
all of the following apply:  114
        (1) If the court determines that the child would be guilty  115
of a specification of the type set forth in section 2941.141,  116
2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised Code,  117
the court may commit the child to the department of youth  118
services for the specification for a definite period of up to  119
one year.  120
        (2) If the court determines that the child would be guilty  121
of a specification of the type set forth in section 2941.145 of  122
the Revised Code or if the delinquent act is a violation of  123
division (A)(1) or (2) of section 2903.06 of the Revised Code  124
and the court determines that the child would be guilty of a  125
specification of the type set forth in section 2941.1415 of the  126
Revised Code, the court shall commit the child to the department  127
of youth services for the specification for a definite period of  128
not less than one and not more than three years, and the court  129
also shall commit the child to the department for the underlying  130
delinquent act under sections 2152.11 to 2152.16 of the Revised  131
Code.  132
        (3) If the court determines that the child would be guilty  133
of a specification of the type set forth in section 2941.144,  134
2941.146, or 2941.1412 of the Revised Code or if the delinquent  135
act is a violation of division (A)(1) or (2) of section 2903.06  136
of the Revised Code and the court determines that the child  137
would be guilty of a specification of the type set forth in  138
section 2941.1414 of the Revised Code, the court shall commit  139
the child to the department of youth services for the  140
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As Introduced
specification for a definite period of not less than one and not  141
more than five years, and the court also shall commit the child  142
to the department for the underlying delinquent act under  143
sections 2152.11 to 2152.16 of the Revised Code.  144
       (B)(1) If a child is adjudicated a delinquent child for  145
committing an act, other than a violation of section 2923.12 of  146
the Revised Code, that would be a felony if committed by an  147
adult, if the act was committed by the delinquent child when the  148
child was fourteen years of age or older, if the court  149
determines that the child is complicit in another person's  150
conduct that is of such a nature that the other person would be  151
guilty of a specification of the type set forth in section  152
2941.141, 2941.144, 2941.145, or 2941.146 of the Revised Code if  153
the other person was an adult, if the other person's conduct  154
relates to the child's underlying delinquent act, and if the  155
child did not furnish, use, or dispose of any firearm that was  156
involved with the underlying delinquent act or with the other  157
person's specification-related conduct, in addition to any other  158
disposition the court imposes for the underlying delinquent act,  159
the court may commit the child to the department of youth  160
services for the specification for a definite period of not more  161
than one year, subject to division (D)(2) of this section.  162
       (2) Except as provided in division (B)(1) of this section,  163
division (A) of this section also applies to a child who is an  164
accomplice regarding a specification of the type set forth in  165
section 2941.1412, 2941.1414, or 2941.1415 of the Revised Code  166
to the same extent the specifications would apply to an adult  167
accomplice in a criminal proceeding.  168
       (C) If a child is adjudicated a delinquent child for  169
committing an act that would be aggravated murder, murder, or a  170
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As Introduced
first, second, or third degree felony offense of violence if  171
committed by an adult and if the court determines that, if the  172
child was an adult, the child would be guilty of a specification  173
of the type set forth in section 2941.142 of the Revised Code in  174
relation to the act for which the child was adjudicated a  175
delinquent child, the court shall commit the child for the  176
specification to the legal custody of the department of youth  177
services for institutionalization in a secure facility for a  178
definite period of not less than one and not more than three  179
years, subject to division (D)(2) of this section, and the court  180
also shall commit the child to the department for the underlying  181
delinquent act.  182
       (D)(1) If the child is adjudicated a delinquent child for  183
committing an act that would be an offense of violence that is a  184
felony if committed by an adult and is committed to the legal  185
custody of the department of youth services pursuant to division  186
(A)(1) of section 2152.16 of the Revised Code and if the court  187
determines that the child, if the child was an adult, would be  188
guilty of a specification of the type set forth in section  189
2941.1411 of the Revised Code in relation to the act for which  190
the child was adjudicated a delinquent child, the court may  191
commit the child to the custody of the department of youth  192
services for institutionalization in a secure facility for up to  193
two years, subject to division (D)(2) of this section.  194
       (2) A court that imposes a period of commitment under  195
division (A) of this section is not precluded from imposing an  196
additional period of commitment under division (C) or (D)(1) of  197
this section, a court that imposes a period of commitment under  198
division (C) of this section is not precluded from imposing an  199
additional period of commitment under division (A) or (D)(1) of  200
this section, and a court that imposes a period of commitment  201
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As Introduced
under division (D)(1) of this section is not precluded from  202
imposing an additional period of commitment under division (A)  203
or (C) of this section.  204
       (E)(E)(1) The court shall not commit a child to the legal  205
custody of the department of youth services for a specification  206
pursuant to this section for a period that exceeds five years  207
for any one delinquent act. Any commitment imposed pursuant to  208
division (A)(2) or (3), (B), (C), or (D)(1) of this section  209
shall be in addition to, and shall be served consecutively with  210
and prior to, a period of commitment ordered under this chapter  211
for the underlying delinquent act, and each commitment imposed  212
pursuant to division (A)(2) or (3), (B), (C), or (D)(1) of this  213
section shall be in addition to, and shall be served  214
consecutively with, any other period of commitment imposed under  215
those divisions. If a commitment is imposed under division (A)  216
(2) or (3) or division (B) of this section and a commitment also  217
is imposed under division (C) of this section, the period  218
imposed under division (A)(2) or (3) or (B) of this section  219
shall be served prior to the period imposed under division (C)  220
of this section.  221
       (2) In each case in which a court makes a disposition  222
under this section, the court retains control over the  223
commitment for the entire period of the commitment.  224
       (3) The total of all the periods of commitment imposed for  225
any specification under this section and for the underlying  226
offense shall not exceed the child's attainment of twenty-one  227
years of age.  228
       (F) If a child is adjudicated a delinquent child for  229
committing two or more acts that would be felonies if committed  230
by an adult and if the court entering the delinquent child  231
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As Introduced
adjudication orders the commitment of the child for two or more  232
of those acts to the legal custody of the department of youth  233
services for institutionalization in a secure facility pursuant  234
to section 2152.13 or 2152.16 of the Revised Code, the court may  235
order that all of the periods of commitment imposed under those  236
sections for those acts be served consecutively in the legal  237
custody of the department of youth services, provided that those  238
periods of commitment shall be in addition to and commence  239
immediately following the expiration of a period of commitment  240
that the court imposes pursuant to division (A)(2) or (3), (B),  241
(C), or (D)(1) of this section. A court shall not commit a  242
delinquent child to the legal custody of the department of youth  243
services under this division for a period that exceeds the  244
child's attainment of twenty-one years of age.  245
       Sec. 2152.19. (A) If Except as provided in section 2152.16  246
of the Revised Code, if a child is adjudicated a delinquent  247
child, the court may make any of the following orders of  248
disposition, in addition to any other disposition authorized or  249
required by this chapter:  250
       (1) Any order that is authorized by section 2151.353 of  251
the Revised Code for the care and protection of an abused,  252
neglected, or dependent child;  253
       (2) Commit the child to the temporary custody of any  254
school, camp, institution, or other facility operated for the  255
care of delinquent children by the county, by a district  256
organized under section 2152.41 or 2151.65 of the Revised Code,  257
or by a private agency or organization, within or without the  258
state, that is authorized and qualified to provide the care,  259
treatment, or placement required, including, but not limited to,  260
a school, camp, or facility operated under section 2151.65 of  261
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As Introduced
the Revised Code;  262
       (3) Place the child in a detention facility or district  263
detention facility operated under section 2152.41 of the Revised  264
Code, for up to ninety days;  265
       (4) Place the child on community control under any  266
sanctions, services, and conditions that the court prescribes.  267
As a condition of community control in every case and in  268
addition to any other condition that it imposes upon the child,  269
the court shall require the child to abide by the law during the  270
period of community control. As referred to in this division,  271
community control includes, but is not limited to, the following  272
sanctions and conditions:  273
       (a) A period of basic probation supervision in which the  274
child is required to maintain contact with a person appointed to  275
supervise the child in accordance with sanctions imposed by the  276
court;  277
       (b) A period of intensive probation supervision in which  278
the child is required to maintain frequent contact with a person  279
appointed by the court to supervise the child while the child is  280
seeking or maintaining employment and participating in training,  281
education, and treatment programs as the order of disposition;  282
       (c) A period of day reporting in which the child is  283
required each day to report to and leave a center or another  284
approved reporting location at specified times in order to  285
participate in work, education or training, treatment, and other  286
approved programs at the center or outside the center;  287
       (d) A period of community service of up to five hundred  288
hours for an act that would be a felony or a misdemeanor of the  289
first degree if committed by an adult, up to two hundred hours  290
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As Introduced
for an act that would be a misdemeanor of the second, third, or  291
fourth degree if committed by an adult, or up to thirty hours  292
for an act that would be a minor misdemeanor if committed by an  293
adult;  294
       (e) A requirement that the child obtain a high school  295
diploma, a certificate of high school equivalence, vocational  296
training, or employment;  297
       (f) A period of drug and alcohol use monitoring;  298
       (g) A requirement of alcohol or drug assessment or  299
counseling, or a period in an alcohol or drug treatment program  300
with a level of security for the child as determined necessary  301
by the court;  302
       (h) A period in which the court orders the child to  303
observe a curfew that may involve daytime or evening hours;  304
       (i) A requirement that the child serve monitored time;  305
       (j) A period of house arrest without electronic monitoring  306
or continuous alcohol monitoring;  307
       (k) A period of electronic monitoring or continuous  308
alcohol monitoring without house arrest, or house arrest with  309
electronic monitoring or continuous alcohol monitoring or both  310
electronic monitoring and continuous alcohol monitoring, that  311
does not exceed the maximum sentence of imprisonment that could  312
be imposed upon an adult who commits the same act.  313
       A period of house arrest with electronic monitoring or  314
continuous alcohol monitoring or both electronic monitoring and  315
continuous alcohol monitoring, imposed under this division shall  316
not extend beyond the child's twenty-first birthday. If a court  317
imposes a period of house arrest with electronic monitoring or  318
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As Introduced
continuous alcohol monitoring or both electronic monitoring and  319
continuous alcohol monitoring, upon a child under this division,  320
it shall require the child: to remain in the child's home or  321
other specified premises for the entire period of house arrest  322
with electronic monitoring or continuous alcohol monitoring or  323
both except when the court permits the child to leave those  324
premises to go to school or to other specified premises.  325
Regarding electronic monitoring, the court also shall require  326
the child to be monitored by a central system that can determine  327
the child's location at designated times; to report periodically  328
to a person designated by the court; and to enter into a written  329
contract with the court agreeing to comply with all requirements  330
imposed by the court, agreeing to pay any fee imposed by the  331
court for the costs of the house arrest with electronic  332
monitoring, and agreeing to waive the right to receive credit  333
for any time served on house arrest with electronic monitoring  334
toward the period of any other dispositional order imposed upon  335
the child if the child violates any of the requirements of the  336
dispositional order of house arrest with electronic monitoring.  337
The court also may impose other reasonable requirements upon the  338
child.  339
       Unless ordered by the court, a child shall not receive  340
credit for any time served on house arrest with electronic  341
monitoring or continuous alcohol monitoring or both toward any  342
other dispositional order imposed upon the child for the act for  343
which was imposed the dispositional order of house arrest with  344
electronic monitoring or continuous alcohol monitoring. As used  345
in this division and division (A)(4)(l) of this section,  346
"continuous alcohol monitoring" has the same meaning as in  347
section 2929.01 of the Revised Code.  348
       (l) A suspension of the driver's license, probationary  349
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As Introduced
driver's license, or temporary instruction permit issued to the  350
child for a period of time prescribed by the court, or a  351
suspension of the registration of all motor vehicles registered  352
in the name of the child for a period of time prescribed by the  353
court. A child whose license or permit is so suspended is  354
ineligible for issuance of a license or permit during the period  355
of suspension. At the end of the period of suspension, the child  356
shall not be reissued a license or permit until the child has  357
paid any applicable reinstatement fee and complied with all  358
requirements governing license reinstatement.  359
       (5) Commit the child to the custody of the court;  360
       (6) Require the child to not be absent without legitimate  361
excuse from the public school the child is supposed to attend  362
for thirty or more consecutive hours, forty-two or more hours in  363
one school month, or seventy-two or more hours in a school year;  364
       (7)(a) If a child is adjudicated a delinquent child for  365
violating a court order regarding the child's prior adjudication  366
as an unruly child for being a habitual truant, do either or  367
both of the following:  368
       (i) Require the child to participate in a truancy  369
prevention mediation program;  370
       (ii) Make any order of disposition as authorized by this  371
section, except that the court shall not commit the child to a  372
facility described in division (A)(2) or (3) of this section  373
unless the court determines that the child violated a lawful  374
court order made pursuant to division (C)(1)(e) of section  375
2151.354 of the Revised Code or division (A)(6) of this section.  376
       (b) If a child is adjudicated a delinquent child for  377
violating a court order regarding the child's prior adjudication  378
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as an unruly child for being a habitual truant and the court  379
determines that the parent, guardian, or other person having  380
care of the child has failed to cause the child's attendance at  381
school in violation of section 3321.38 of the Revised Code, do  382
either or both of the following:  383
       (i) Require the parent, guardian, or other person having  384
care of the child to participate in a truancy prevention  385
mediation program;  386
       (ii) Require the parent, guardian, or other person having  387
care of the child to participate in any community service  388
program, preferably a community service program that requires  389
the involvement of the parent, guardian, or other person having  390
care of the child in the school attended by the child.  391
       (8) Make any further disposition that the court finds  392
proper, except that the child shall not be placed in a state  393
correctional institution, a county, multicounty, or municipal  394
jail or workhouse, or another place in which an adult convicted  395
of a crime, under arrest, or charged with a crime is held.  396
       (B) If a child is adjudicated a delinquent child, in  397
addition to any order of disposition made under division (A) of  398
this section, the court, in the following situations and for the  399
specified periods of time, shall suspend the child's temporary  400
instruction permit, restricted license, probationary driver's  401
license, or nonresident operating privilege, or suspend the  402
child's ability to obtain such a permit:  403
       (1) If the child is adjudicated a delinquent child for  404
violating section 2923.122 of the Revised Code, impose a class  405
four suspension of the child's license, permit, or privilege  406
from the range specified in division (A)(4) of section 4510.02  407
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As Introduced
of the Revised Code or deny the child the issuance of a license  408
or permit in accordance with division (F)(1) of section 2923.122  409
of the Revised Code.  410
       (2) If the child is adjudicated a delinquent child for  411
committing an act that if committed by an adult would be a drug  412
abuse offense or for violating division (B) of section 2917.11  413
of the Revised Code, suspend the child's license, permit, or  414
privilege for a period of time prescribed by the court. The  415
court, in its discretion, may terminate the suspension if the  416
child attends and satisfactorily completes a drug abuse or  417
alcohol abuse education, intervention, or treatment program  418
specified by the court. During the time the child is attending a  419
program described in this division, the court shall retain the  420
child's temporary instruction permit, probationary driver's  421
license, or driver's license, and the court shall return the  422
permit or license if it terminates the suspension as described  423
in this division.  424
       (C) The court may establish a victim-offender mediation  425
program in which victims and their offenders meet to discuss the  426
offense and suggest possible restitution. If the court obtains  427
the assent of the victim of the delinquent act committed by the  428
child, the court may require the child to participate in the  429
program.  430
       (D)(1) If a child is adjudicated a delinquent child for  431
committing an act that would be a felony if committed by an  432
adult and if the child caused, attempted to cause, threatened to  433
cause, or created a risk of physical harm to the victim of the  434
act, the court, prior to issuing an order of disposition under  435
this section, shall order the preparation of a victim impact  436
statement by the probation department of the county in which the  437
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As Introduced
victim of the act resides, by the court's own probation  438
department, or by a victim assistance program that is operated  439
by the state, a county, a municipal corporation, or another  440
governmental entity. The court shall consider the victim impact  441
statement in determining the order of disposition to issue for  442
the child.  443
       (2) Each victim impact statement shall identify the victim  444
of the act for which the child was adjudicated a delinquent  445
child, itemize any economic loss suffered by the victim as a  446
result of the act, identify any physical injury suffered by the  447
victim as a result of the act and the seriousness and permanence  448
of the injury, identify any change in the victim's personal  449
welfare or familial relationships as a result of the act and any  450
psychological impact experienced by the victim or the victim's  451
family as a result of the act, and contain any other information  452
related to the impact of the act upon the victim that the court  453
requires.  454
       (3) A victim impact statement shall be kept confidential  455
and is not a public record. However, the court may furnish  456
copies of the statement to the department of youth services if  457
the delinquent child is committed to the department or to both  458
the adjudicated delinquent child or the adjudicated delinquent  459
child's counsel and the prosecuting attorney. The copy of a  460
victim impact statement furnished by the court to the department  461
pursuant to this section shall be kept confidential and is not a  462
public record. If an officer is preparing pursuant to section  463
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a  464
presentence investigation report pertaining to a person, the  465
court shall make available to the officer, for use in preparing  466
the report, a copy of any victim impact statement regarding that  467
person. The copies of a victim impact statement that are made  468
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As Introduced
available to the adjudicated delinquent child or the adjudicated  469
delinquent child's counsel and the prosecuting attorney pursuant  470
to this division shall be returned to the court by the person to  471
whom they were made available immediately following the  472
imposition of an order of disposition for the child under this  473
chapter.  474
       The copy of a victim impact statement that is made  475
available pursuant to this division to an officer preparing a  476
criminal presentence investigation report shall be returned to  477
the court by the officer immediately following its use in  478
preparing the report.  479
       (4) The department of youth services shall work with local  480
probation departments and victim assistance programs to develop  481
a standard victim impact statement.  482
       (E)(1) If a child is adjudicated a delinquent child for  483
violating a court order regarding the child's prior adjudication  484
as an unruly child for being a habitual truant and the court  485
determines that the parent, guardian, or other person having  486
care of the child has failed to cause the child's attendance at  487
school in violation of section 3321.38 of the Revised Code, in  488
addition to any order of disposition it makes under this  489
section, the court shall warn the parent, guardian, or other  490
person having care of the child that any subsequent adjudication  491
with regard to truancy may result in a criminal charge against  492
the parent, guardian, or other person having care of the child  493
for a violation of division (C) of section 2919.21 or section  494
2919.24 of the Revised Code.  495
       (2) Not later than ten days after a child is adjudicated a  496
delinquent child for violating a court order regarding the  497
child's prior adjudication as an unruly child for being an  498
S. B. No. 270  Page 18
As Introduced
habitual truant, the court shall provide notice of that fact to  499
the school district in which the child is entitled to attend  500
school and to the school in which the child was enrolled at the  501
time of the filing of the complaint.  502
       (F)(1) During the period of a delinquent child's community  503
control granted under this section, authorized probation  504
officers who are engaged within the scope of their supervisory  505
duties or responsibilities may search, with or without a  506
warrant, the person of the delinquent child, the place of  507
residence of the delinquent child, and a motor vehicle, another  508
item of tangible or intangible personal property, or other real  509
property in which the delinquent child has a right, title, or  510
interest or for which the delinquent child has the express or  511
implied permission of a person with a right, title, or interest  512
to use, occupy, or possess if the probation officers have  513
reasonable grounds to believe that the delinquent child is not  514
abiding by the law or otherwise is not complying with the  515
conditions of the delinquent child's community control. The  516
court that places a delinquent child on community control under  517
this section shall provide the delinquent child with a written  518
notice that informs the delinquent child that authorized  519
probation officers who are engaged within the scope of their  520
supervisory duties or responsibilities may conduct those types  521
of searches during the period of community control if they have  522
reasonable grounds to believe that the delinquent child is not  523
abiding by the law or otherwise is not complying with the  524
conditions of the delinquent child's community control. The  525
court also shall provide the written notice described in  526
division (E)(2) of this section to each parent, guardian, or  527
custodian of the delinquent child who is described in that  528
division.  529
S. B. No. 270  Page 19
As Introduced
        (2) The court that places a child on community control  530
under this section shall provide the child's parent, guardian,  531
or other custodian with a written notice that informs them that  532
authorized probation officers may conduct searches pursuant to  533
division (E)(1) of this section. The notice shall specifically  534
state that a permissible search might extend to a motor vehicle,  535
another item of tangible or intangible personal property, or a  536
place of residence or other real property in which a notified  537
parent, guardian, or custodian has a right, title, or interest  538
and that the parent, guardian, or custodian expressly or  539
impliedly permits the child to use, occupy, or possess.  540
        (G) If a juvenile court commits a delinquent child to the  541
custody of any person, organization, or entity pursuant to this  542
section and if the delinquent act for which the child is so  543
committed is a sexually oriented offense or is a child-victim  544
oriented offense, the court in the order of disposition shall do  545
one of the following:  546
        (1) Require that the child be provided treatment as  547
described in division (A)(2) of section 5139.13 of the Revised  548
Code;  549
        (2) Inform the person, organization, or entity that it is  550
the preferred course of action in this state that the child be  551
provided treatment as described in division (A)(2) of section  552
5139.13 of the Revised Code and encourage the person,  553
organization, or entity to provide that treatment.  554
        Sec. 2152.22. (A) When a child is committed to the legal  555
custody of the department of youth services under this chapter,  556
the juvenile court relinquishes control with respect to the  557
child so committed, except as provided in divisions (B), (C),  558
(D), and (H) of this section or in sections 2152.82 to 2152.86  559
S. B. No. 270  Page 20
As Introduced
of the Revised Code. Subject to divisions (B), (C), and (D) of  560
this section, sections 2151.353 and 2151.412 to 2151.421 of the  561
Revised Code, sections 2152.82 to 2152.86 of the Revised Code,  562
and any other provision of law that specifies a different  563
duration for a dispositional order, all other dispositional  564
orders made by the court under this chapter shall be temporary  565
and shall continue for a period that is designated by the court  566
in its order, until terminated or modified by the court or until  567
the child attains twenty-one years of age.  568
       The department shall not release the child from a  569
department facility and as a result shall not discharge the  570
child or order the child's release on supervised release prior  571
to the expiration of the minimum period specified by the court  572
in division (A)(1) of section 2152.16 of the Revised Code and  573
any term of commitment imposed under division (A)(2) or (3),  574
(B), (C), or (D)(1) of section 2152.17 of the Revised Code or  575
prior to the child's attainment of twenty-one years of age,  576
except upon the order of a court pursuant to division (B), (C),  577
or (D) of this section or in accordance with section 5139.54 of  578
the Revised Code.  579
       (B)(1) Unless the court grants judicial release under  580
division (D)(1)(b) of this section, the court that commits a  581
delinquent child to the department of youth services may grant  582
judicial release of the child to court supervision under this  583
division during the first half of the prescribed minimum term  584
for which the child was committed to the department or, if the  585
child was committed to the department until the child attains  586
twenty-one years of age, during the first half of the prescribed  587
period of commitment that begins on the first day of commitment  588
and ends on the child's twenty-first birthday, provided any  589
commitment imposed under division (A)(2) or (3), (B), (C), or  590
S. B. No. 270  Page 21
As Introduced
(D)(1) of section 2152.17 of the Revised Code has ended.  591
       (2) If the department desires to release a child during a  592
period specified in division (B)(1) of this section, it shall  593
request the court that committed the child to grant a judicial  594
release of the child to court supervision under this division.  595
During whichever of those periods is applicable, the child or  596
the parents of the child also may request that court to grant a  597
judicial release of the child to court supervision. Upon receipt  598
of a request for a judicial release to court supervision under  599
this division from the department, the child, or the child's  600
parent, or upon its own motion, the court that committed the  601
child shall do one of the following: approve the release by  602
journal entry; schedule within thirty days after the request is  603
received a time for a hearing on whether the child is to be  604
released; or reject the request by journal entry without  605
conducting a hearing.  606
       If the court rejects an initial request for a release  607
under this division by the child or the child's parent, the  608
child or the child's parent may make one additional request for  609
a judicial release to court supervision within the applicable  610
period. The additional request may be made no earlier than  611
thirty days after the filing of the prior request for a judicial  612
release to court supervision. Upon the filing of a second  613
request for a judicial release to court supervision, the court  614
shall either approve or disapprove the release by journal entry  615
or schedule within thirty days after the request is received a  616
time for a hearing on whether the child is to be released.  617
       (3) If a court schedules a hearing under division (B)(2)  618
of this section, it may order the department to deliver the  619
child to the court on the date set for the hearing and may order  620
S. B. No. 270  Page 22
As Introduced
the department to present to the court a report on the child's  621
progress in the institution to which the child was committed and  622
recommendations for conditions of supervision of the child by  623
the court after release. The court may conduct the hearing  624
without the child being present. The court shall determine at  625
the hearing whether the child should be granted a judicial  626
release to court supervision.  627
       If the court approves the release under this division, it  628
shall order its staff to prepare a written treatment and  629
rehabilitation plan for the child that may include any  630
conditions of the child's release that were recommended by the  631
department and approved by the court. The committing court shall  632
send the juvenile court of the county in which the child is  633
placed a copy of the recommended plan. The court of the county  634
in which the child is placed may adopt the recommended  635
conditions set by the committing court as an order of the court  636
and may add any additional consistent conditions it considers  637
appropriate. If a child is granted a judicial release to court  638
supervision, the release discharges the child from the custody  639
of the department of youth services.  640
       (C)(1) Unless the court grants judicial release under  641
division (D)(1)(b) of this section, the court that commits a  642
delinquent child to the department of youth services may grant  643
judicial release of the child to department of youth services  644
supervision under this division during the second half of the  645
prescribed minimum term for which the child was committed to the  646
department or, if the child was committed to the department  647
until the child attains twenty-one years of age, during the  648
second half of the prescribed period of commitment that begins  649
on the first day of commitment and ends on the child's twenty-  650
first birthday, provided any commitment imposed under division  651
S. B. No. 270  Page 23
As Introduced
(A)(2) or (3), (B), (C), or (D)(1) of section 2152.17 of the  652
Revised Code has ended.  653
       (2) If the department desires to release a child during a  654
period specified in division (C)(1) of this section, it shall  655
request the court that committed the child to grant a judicial  656
release to department of youth services supervision. During  657
whichever of those periods is applicable, the child or the  658
child's parent also may request the court that committed the  659
child to grant a judicial release to department of youth  660
services supervision. Upon receipt of a request for judicial  661
release to department of youth services supervision, the child,  662
or the child's parent, or upon its own motion at any time during  663
that period, the court shall do one of the following: approve  664
the release by journal entry; schedule a time within thirty days  665
after receipt of the request for a hearing on whether the child  666
is to be released; or reject the request by journal entry  667
without conducting a hearing.  668
       If the court rejects an initial request for release under  669
this division by the child or the child's parent, the child or  670
the child's parent may make one or more subsequent requests for  671
a release within the applicable period, but may make no more  672
than one request during each period of ninety days that the  673
child is in a secure department facility after the filing of a  674
prior request for early release. Upon the filing of a request  675
for release under this division subsequent to an initial  676
request, the court shall either approve or disapprove the  677
release by journal entry or schedule a time within thirty days  678
after receipt of the request for a hearing on whether the child  679
is to be released.  680
       (3) If a court schedules a hearing under division (C)(2)  681
S. B. No. 270  Page 24
As Introduced
of this section, it may order the department to deliver the  682
child to the court on the date set for the hearing and shall  683
order the department to present to the court at that time a  684
treatment plan for the child's post-institutional care. The  685
court may conduct the hearing without the child being present.  686
The court shall determine at the hearing whether the child  687
should be granted a judicial release to department of youth  688
services supervision.  689
       If the court approves the judicial release to department  690
of youth services supervision, the department shall prepare a  691
written treatment and rehabilitation plan for the child pursuant  692
to division (F) of this section that shall include the  693
conditions of the child's release. It shall send the committing  694
court and the juvenile court of the county in which the child is  695
placed a copy of the plan. The court of the county in which the  696
child is placed may adopt the conditions set by the department  697
as an order of the court and may add any additional consistent  698
conditions it considers appropriate, provided that the court may  699
not add any condition that decreases the level or degree of  700
supervision specified by the department in its plan, that  701
substantially increases the financial burden of supervision that  702
will be experienced by the department, or that alters the  703
placement specified by the department in its plan. If the court  704
of the county in which the child is placed adds to the  705
department's plan any additional conditions, it shall enter  706
those additional conditions in its journal and shall send to the  707
department a copy of the journal entry of the additional  708
conditions.  709
       If the court approves the judicial release to department  710
of youth services supervision, the actual date on which the  711
department shall release the child is contingent upon the  712
S. B. No. 270  Page 25
As Introduced
department finding a suitable placement for the child. If the  713
child is to be returned to the child's home, the department  714
shall return the child on the date that the court schedules for  715
the child's release or shall bear the expense of any additional  716
time that the child remains in a department facility. If the  717
child is unable to return to the child's home, the department  718
shall exercise reasonable diligence in finding a suitable  719
placement for the child, and the child shall remain in a  720
department facility while the department finds the suitable  721
placement.  722
       (D)(1) Subject to division (D)(3) of this section, the  723
court that commits a delinquent child to the department of youth  724
services may grant judicial release of the child under this  725
division at any time after the expiration of one of the  726
following periods of time:  727
       (a) Except as otherwise provided in division (D)(1)(b) of  728
this section, if the child was committed to the department for a  729
prescribed minimum period and a maximum period not to exceed the  730
child's attainment of twenty-one years, the court may grant  731
judicial release of the child at any time after the expiration  732
of the prescribed minimum term for which the child was committed  733
to the department.  734
       (b) If the child was committed to the department for both  735
one or more definite periods under division (A)(2) or (3), (B),  736
(C), or (D)(1) of section 2152.17 of the Revised Code and a  737
period of the type described in division (D)(1)(a) of this  738
section, all of the prescribed minimum periods of commitment  739
imposed under division (A)(2) or (3), (B), (C), or (D)(1) of  740
section 2152.17 of the Revised Code and the prescribed period of  741
commitment of the type described in division (D)(1)(a) of this  742
S. B. No. 270  Page 26
As Introduced
section shall be aggregated for purposes of this division, and  743
the court may grant judicial release of the child at any time  744
after the expiration of one year after the child begins serving  745
the aggregate period of commitment.  746
       (2) If a court grants a judicial release of a child under  747
division (D)(1) of this section, the release shall be a judicial  748
release to department of youth services supervision, if the  749
release is granted during a period described in division (C)(1)  750
of this section, and the second and third paragraphs of division  751
(C)(3) of this section apply regarding the release. In all other  752
cases, the release shall be a judicial release to court  753
supervision, and the second paragraph of division (B)(3) of this  754
section applies regarding the release.  755
       (3) A court at the time of making the disposition of a  756
child shall provide notice in the order of disposition that the  757
judge is retaining jurisdiction over the child for the purpose  758
of a possible grant of judicial release of the child under  759
division (D)(1) of this section. The failure of a court to  760
provide this notice does not affect the authority of the court  761
to grant a judicial release under that division and does not  762
constitute grounds for setting aside the child's delinquent  763
child adjudication or disposition or for granting any post-  764
adjudication relief to the child.  765
       (4) The department of youth services, a child committed to  766
the department, or the parents of the child, during a period  767
specified in division (D)(1) of this section, may request the  768
court that committed the child to grant a judicial release of  769
the child under that division. Upon receipt of a request for  770
judicial release of a child under this division from the  771
department, the child, or the child's parent, or upon its own  772
S. B. No. 270  Page 27
As Introduced
motion, the court that committed the child shall do one of the  773
following:  774
       (a) Approve the request by journal entry;  775
       (b) Schedule within thirty days after the request is  776
received a time for a hearing on whether the child is to be  777
released;  778
       (c) Reject the request by journal entry without conducting  779
a hearing.  780
       If the court rejects an initial request for a release  781
under this division by the child or the child's parent, division  782
(C)(2) of this section applies regarding the making of  783
additional requests.  784
       If the court schedules a hearing under this division to  785
consider the judicial release, the first paragraph of division  786
(B)(3) of this section applies regarding the hearing.  787
       (E) If a child is released under division (B), (C), or (D)  788
of this section and the court of the county in which the child  789
is placed has reason to believe that the child's deportment is  790
not in accordance with the conditions of the child's judicial  791
release, the court of the county in which the child is placed  792
shall schedule a time for a hearing to determine whether the  793
child violated any of the post-release conditions, and, if the  794
child was released under division (C) of this section or under  795
division (D) of this section under department supervision,  796
divisions (A) to (E) of section 5139.52 of the Revised Code  797
apply regarding the child.  798
       If that court determines at the hearing that the child  799
violated any of the post-release conditions, the court, if it  800
determines that the violation was a serious violation, may order  801
S. B. No. 270  Page 28
As Introduced
the child to be returned to the department for  802
institutionalization, consistent with the original order of  803
commitment of the child, or in any case may make any other  804
disposition of the child authorized by law that the court  805
considers proper. If the court of the county in which the child  806
is placed orders the child to be returned to a department of  807
youth services institution, the time during which the child was  808
held in a secure department facility prior to the child's  809
judicial release shall be considered as time served in  810
fulfilling the prescribed period of institutionalization that is  811
applicable to the child under the child's original order of  812
commitment. If the court orders the child returned to a  813
department institution, the child shall remain in institutional  814
care for a minimum of three months or until the child  815
successfully completes a revocation program of a duration of not  816
less than thirty days operated either by the department or by an  817
entity with which the department has contracted to provide a  818
revocation program.  819
       (F) The department of youth services, prior to the release  820
of a child pursuant to division (C) of this section or pursuant  821
to division (D) of this section on department supervision, shall  822
do all of the following:  823
       (1) After reviewing the child's rehabilitative progress  824
history and medical and educational records, prepare a written  825
treatment and rehabilitation plan for the child that includes  826
conditions of the release;  827
       (2) Completely discuss the conditions of the plan prepared  828
pursuant to division (F)(1) of this section and the possible  829
penalties for violation of the plan with the child and the  830
child's parents, guardian, or legal custodian;  831
S. B. No. 270  Page 29
As Introduced
       (3) Have the plan prepared pursuant to division (F)(1) of  832
this section signed by the child, the child's parents, legal  833
guardian, or custodian, and any authority or person that is to  834
supervise, control, and provide supportive assistance to the  835
child at the time of the child's release pursuant to division  836
(C) or (D) of this section;  837
       (4) Prior to the child's release, file a copy of the  838
treatment plan prepared pursuant to division (F)(1) of this  839
section with the committing court and the juvenile court of the  840
county in which the child is to be placed.  841
       (G) The department of youth services shall file a written  842
progress report with the committing court regarding each child  843
released pursuant to division (C) of this section or released  844
pursuant to division (D) of this section on judicial release to  845
department supervision at least once every thirty days unless  846
specifically directed otherwise by the court. The report shall  847
indicate the treatment and rehabilitative progress of the child  848
and the child's family, if applicable, and shall include any  849
suggestions for altering the program, custody, living  850
arrangements, or treatment. The department shall retain legal  851
custody of a child so released until it discharges the child or  852
until the custody is terminated as otherwise provided by law.  853
       (H) When a child is committed to the legal custody of the  854
department of youth services, the court retains jurisdiction to  855
perform the functions specified in section 5139.51 of the  856
Revised Code with respect to the granting of supervised release  857
by the release authority and to perform the functions specified  858
in section 5139.52 of the Revised Code with respect to  859
violations of the conditions of supervised release granted by  860
the release authority and to the revocation of supervised  861
S. B. No. 270  Page 30
As Introduced
release granted by the release authority.  862
       Sec. 2152.26. (A) Except as provided in divisions (B) and  863
(F) of this section and subject to section 2152.16 of the  864
Revised Code, a child alleged to be or adjudicated a delinquent  865
child or a juvenile traffic offender may be held only in the  866
following places:  867
       (1) A certified foster home or a home approved by the  868
court;  869
       (2) A facility operated by a certified child welfare  870
agency;  871
       (3) Any other suitable place designated by the court.  872
       (B) In addition to the places listed in division (A) of  873
this section, a child alleged to be or adjudicated a delinquent  874
child or a person described in division (C)(7) of section  875
2152.02 of the Revised Code may be held in a detention facility  876
for delinquent children that is under the direction or  877
supervision of the court or other public authority or of a  878
private agency and approved by the court, and a child  879
adjudicated a delinquent child may be held in accordance with  880
division (F)(2) of this section in a facility of a type  881
specified in that division.  882
       (C)(1) Except as provided under division (C)(1) of section  883
2151.311 of the Revised Code or division (A)(5) of section  884
2152.21 of the Revised Code, a child alleged to be or  885
adjudicated a juvenile traffic offender may not be held in any  886
of the following facilities:  887
       (a) A state correctional institution, county, multicounty,  888
or municipal jail or workhouse, or other place in which an adult  889
convicted of crime, under arrest, or charged with a crime is  890
S. B. No. 270  Page 31
As Introduced
held.  891
        (b) A secure correctional facility.  892
        (2) Except as provided under this section, sections  893
2151.56 to 2151.59, and divisions (A)(5) and (6) of section  894
2152.21 of the Revised Code, a child alleged to be or  895
adjudicated a juvenile traffic offender may not be held for more  896
than twenty-four hours in a detention facility.  897
        (D) Except as provided in division (F) of this section or  898
in division (C) of section 2151.311, in division (C)(2) of  899
section 5139.06 and section 5120.162, or in division (B) of  900
section 5120.16 of the Revised Code, a child who is alleged to  901
be or is adjudicated a delinquent child or a person described in  902
division (C)(7) of section 2152.02 of the Revised Code may not  903
be held in a state correctional institution, county,  904
multicounty, or municipal jail or workhouse, or other place  905
where an adult convicted of crime, under arrest, or charged with  906
crime is held.  907
        (E) Unless the detention is pursuant to division (F) of  908
this section or division (C) of section 2151.311, division (C)  909
(2) of section 5139.06 and section 5120.162, or division (B) of  910
section 5120.16 of the Revised Code, the official in charge of  911
the institution, jail, workhouse, or other facility shall inform  912
the court immediately when a person who is or appears to be  913
under the age of eighteen years, or a person who is charged with  914
a violation of an order of a juvenile court or a violation of  915
probation or parole conditions imposed by a juvenile court and  916
who is or appears to be between the ages of eighteen and twenty-  917
one years, is received at the facility and shall deliver the  918
person to the court upon request or transfer the person to a  919
detention facility designated by the court.  920
S. B. No. 270  Page 32
As Introduced
       (F)(1) If a case is transferred to another court for  921
criminal prosecution pursuant to section 2152.12 of the Revised  922
Code and the alleged offender is a person described in division  923
(C)(7) of section 2152.02 of the Revised Code, the person may  924
not be transferred for detention pending the criminal  925
prosecution in a jail or other facility except under the  926
circumstances described in division (F)(4) of this section. Any  927
child held in accordance with division (F)(3) of this section  928
shall be confined in a manner that keeps the child beyond the  929
sight and sound of all adult detainees. The child shall be  930
supervised at all times during the detention.  931
       (2) If a person is adjudicated a delinquent child or  932
juvenile traffic offender or is a person described in division  933
(C)(7) of section 2152.02 of the Revised Code and the court  934
makes a disposition of the person under this chapter, at any  935
time after the person attains twenty-one years of age, the  936
person may be held under that disposition or under the  937
circumstances described in division (F)(4) of this section in  938
places other than those specified in division (A) of this  939
section, including, but not limited to, a county, multicounty,  940
or municipal jail or workhouse, or other place where an adult  941
convicted of crime, under arrest, or charged with crime is held.  942
       (3)(a) A person alleged to be a delinquent child may be  943
held in places other than those specified in division (A) of  944
this section, including, but not limited to, a county,  945
multicounty, or municipal jail, if the delinquent act that the  946
child allegedly committed would be a felony if committed by an  947
adult, and if either of the following applies:  948
       (i) The person attains twenty-one years of age before the  949
person is arrested or apprehended for that act.  950
S. B. No. 270  Page 33
As Introduced
       (ii) The person is arrested or apprehended for that act  951
before the person attains twenty-one years of age, but the  952
person attains twenty-one years of age before the court orders a  953
disposition in the case.  954
       (b) If, pursuant to division (F)(3)(a) of this section, a  955
person is held in a place other than a place specified in  956
division (A) of this section, the person has the same rights to  957
bail as an adult charged with the same offense who is confined  958
in a jail pending trial.  959
       (4)(a) Any person whose case is transferred for criminal  960
prosecution pursuant to section 2152.10 or 2152.12 of the  961
Revised Code or any person who has attained the age of eighteen  962
years but has not attained the age of twenty-one years and who  963
is being held in a place specified in division (B) of this  964
section may be held under that disposition or charge in places  965
other than those specified in division (B) of this section,  966
including a county, multicounty, or municipal jail or workhouse,  967
or other place where an adult under arrest or charged with crime  968
is held if the juvenile court, upon its own motion or upon  969
motion by the prosecutor and after notice and hearing,  970
establishes by a preponderance of the evidence and makes written  971
findings of either of the following:  972
       (i) With respect to a person whose case is transferred for  973
criminal prosecution pursuant to either specified section or who  974
has attained the age of eighteen years but who has not attained  975
the age of twenty-one years and is being so held, that the youth  976
is a threat to the safety and security of the facility;  977
       (ii) With respect to a person who has attained the age of  978
eighteen years but who has not attained the age of twenty-one  979
years and is being so held, that the best interests of the youth  980
S. B. No. 270  Page 34
As Introduced
require that the youth be held in a place other than a place  981
specified in division (B) of this section, including a county,  982
multicounty, or municipal jail or workhouse, or other place  983
where an adult under arrest or charged with crime is held.  984
       (b) In determining for purposes of division (F)(4)(a)(i)  985
of this section whether a youth is a threat to the safety and  986
security of the facility, evidence that the youth is a threat to  987
the safety and security of the facility may include, but is not  988
limited to, whether the youth has done any of the following:  989
       (i) Injured or created an imminent danger to the life or  990
health of another youth or staff member in the facility or  991
program by violent behavior;  992
       (ii) Escaped from the facility or program in which the  993
youth is being held on more than one occasion;  994
       (iii) Established a pattern of disruptive behavior as  995
verified by a written record that the youth's behavior is not  996
conducive to the established policies and procedures of the  997
facility or program in which the youth is being held.  998
       (c) If a prosecutor submits a motion requesting that a  999
person be held in a place other than those specified in division  1000
(B) of this section or if the court submits its own motion, the  1001
juvenile court shall hold a hearing within five days of the  1002
filing of the motion, and, in determining whether a place other  1003
than those specified in division (B) of this section is the  1004
appropriate place of confinement for the person, the court shall  1005
consider the following factors:  1006
       (i) The age of the person;  1007
       (ii) Whether the person would be deprived of contact with  1008
other people for a significant portion of the day or would not  1009
S. B. No. 270  Page 35
As Introduced
have access to recreational facilities or age-appropriate  1010
educational opportunities in order to provide physical  1011
separation from adults;  1012
       (iii) The person's current emotional state, intelligence,  1013
and developmental maturity, including any emotional and  1014
psychological trauma, and the risk to the person in an adult  1015
facility, which may be evidenced by mental health or  1016
psychological assessments or screenings made available to the  1017
prosecuting attorney and the defense counsel;  1018
       (iv) Whether detention in a juvenile facility would  1019
adequately serve the need for community protection pending the  1020
outcome of the criminal proceeding;  1021
       (v) The relative ability of the available adult and  1022
juvenile detention facilities to meet the needs of the person,  1023
including the person's need for age-appropriate mental health  1024
and educational services delivered by individuals specifically  1025
trained to deal with youth;  1026
       (vi) Whether the person presents an imminent risk of self-  1027
inflicted harm or an imminent risk of harm to others within a  1028
juvenile facility;  1029
       (vii) Any other factors the juvenile court considers to be  1030
relevant.  1031
       (d) If the juvenile court determines that a place other  1032
than those specified in division (B) of this section is the  1033
appropriate place for confinement of a person pursuant to  1034
division (F)(4)(a) of this section, the person may petition the  1035
juvenile court for a review hearing thirty days after the  1036
initial confinement decision, thirty days after any subsequent  1037
review hearing, or at any time after the initial confinement  1038
S. B. No. 270  Page 36
As Introduced
decision upon an emergency petition by the youth due to the  1039
youth facing an imminent danger from others or the youth's self.  1040
Upon receipt of the petition, the juvenile court has discretion  1041
over whether to conduct the review hearing and may set the  1042
matter for a review hearing if the youth has alleged facts or  1043
circumstances that, if true, would warrant reconsideration of  1044
the youth's placement in a place other than those specified in  1045
division (B) of this section based on the factors listed in  1046
division (F)(4)(c) of this section.  1047
       (e) Upon the admission of a person described in division  1048
(F)(4)(a) of this section to a place other than those specified  1049
in division (B) of this section, the facility shall advise the  1050
person of the person's right to request a review hearing as  1051
described in division (F)(4)(d) of this section.  1052
       (f) Any person transferred under division (F)(4)(a) of  1053
this section to a place other than those specified in division  1054
(B) of this section shall be confined in a manner that keeps  1055
those under eighteen years of age beyond sight and sound of all  1056
adult detainees. Those under eighteen years of age shall be  1057
supervised at all times during the detention.  1058
       (G)(1) If a person who is alleged to be or has been  1059
adjudicated a delinquent child or who is in any other category  1060
of persons identified in this section or section 2151.311 of the  1061
Revised Code is confined under authority of any Revised Code  1062
section in a place other than a place specified in division (B)  1063
of this section, including a county, multicounty, or municipal  1064
jail or workhouse, or other place where an adult under arrest or  1065
charged with crime is held, subject to division (G)(2) of this  1066
section, all identifying information, other than the person's  1067
county of residence, age, gender, and race and the charges  1068
S. B. No. 270  Page 37
As Introduced
against the person, that relates to the person's admission to  1069
and confinement in that place is not a public record open for  1070
inspection or copying under section 149.43 of the Revised Code  1071
and is confidential and shall not be released to any person  1072
other than to a court, to a law enforcement agency for law  1073
enforcement purposes, or to a person specified by court order.  1074
       (2) Division (G)(1) of this section does not apply with  1075
respect to a person whose case is transferred for criminal  1076
prosecution pursuant to section 2152.10 or 2152.12 of the  1077
Revised Code, who is convicted of or pleads guilty to an offense  1078
in that case, who is confined after that conviction or guilty  1079
plea in a place other than a place specified in division (B) of  1080
this section, and to whom one of the following applies:  1081
       (a) The case was transferred other than pursuant to  1082
division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the  1083
Revised Code.  1084
       (b) The case was transferred pursuant to division (A)(1)  1085
(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code,  1086
and the person is sentenced for the offense pursuant to division  1087
(B)(4) of section 2152.121 of the Revised Code.  1088
       (c) The case was transferred pursuant to division (A)(1)  1089
(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code,  1090
the person is sentenced for the offense pursuant to division (B)  1091
(3) of section 2152.121 of the Revised Code by the court in  1092
which the person was convicted of or pleaded guilty to the  1093
offense, and the sentence imposed by that court is invoked  1094
pursuant to division (B)(3)(b) of section 2152.121 of the  1095
Revised Code.  1096
       Sec. 5139.01. (A) As used in this chapter:  1097
S. B. No. 270  Page 38
As Introduced
       (1) "Commitment" means the transfer of the physical  1098
custody of a child or youth from the court to the department of  1099
youth services.  1100
       (2) "Permanent commitment" means a commitment that vests  1101
legal custody of a child in the department of youth services.  1102
       (3) "Legal custody," insofar as it pertains to the status  1103
that is created when a child is permanently committed to the  1104
department of youth services, means a legal status in which the  1105
department has the following rights and responsibilities: the  1106
right to have physical possession of the child; the right and  1107
duty to train, protect, and control the child; the  1108
responsibility to provide the child with food, clothing,  1109
shelter, education, and medical care; and the right to determine  1110
where and with whom the child shall live, subject to the minimum  1111
periods of, or periods of, institutional care prescribed in  1112
sections 2152.13 to 2152.18 of the Revised Code; provided, that  1113
these rights and responsibilities are exercised subject to the  1114
powers, rights, duties, and responsibilities of the guardian of  1115
the person of the child, and subject to any residual parental  1116
rights and responsibilities.  1117
       (4) Unless the context requires a different meaning,  1118
"institution" means a state facility that is created by the  1119
general assembly and that is under the management and control of  1120
the department of youth services or a private entity with which  1121
the department has contracted for the institutional care and  1122
custody of felony delinquents.  1123
       (5) "Full-time care" means care for twenty-four hours a  1124
day for over a period of at least two consecutive weeks.  1125
       (6) "Placement" means the conditional release of a child  1126
S. B. No. 270  Page 39
As Introduced
under the terms and conditions that are specified by the  1127
department of youth services. The department shall retain legal  1128
custody of a child released pursuant to division (C) of section  1129
2152.22 of the Revised Code or division (C) of section 5139.06  1130
of the Revised Code until the time that it discharges the child  1131
or until the legal custody is terminated as otherwise provided  1132
by law.  1133
       (7) "Home placement" means the placement of a child in the  1134
home of the child's parent or parents or in the home of the  1135
guardian of the child's person.  1136
       (8) "Discharge" means that the department of youth  1137
services' legal custody of a child is terminated.  1138
       (9) "Release" means the termination of a child's stay in  1139
an institution and the subsequent period during which the child  1140
returns to the community under the terms and conditions of  1141
supervised release.  1142
       (10) "Delinquent child" has the same meaning as in section  1143
2152.02 of the Revised Code.  1144
       (11) "Felony delinquent" means any child who is at least  1145
ten fourteen years of age but less than eighteen years of age  1146
and who is adjudicated a delinquent child for having committed  1147
an act that if committed by an adult would be a felony. "Felony  1148
delinquent" includes any adult who is between the ages of  1149
eighteen and twenty-one and who is in the legal custody of the  1150
department of youth services for having committed an act that if  1151
committed by an adult would be a felony.  1152
       (12) "Juvenile traffic offender" has the same meaning as  1153
in section 2152.02 of the Revised Code.  1154
       (13) "Public safety beds" means all of the following:  1155
S. B. No. 270  Page 40
As Introduced
       (a) Felony delinquents who have been committed to the  1156
department of youth services for the commission of an act, other  1157
than a violation of section 2911.01 or 2911.11 of the Revised  1158
Code, that is a category one offense or a category two offense  1159
and who are in the care and custody of an institution or have  1160
been diverted from care and custody in an institution and placed  1161
in a community corrections facility;  1162
       (b) Felony delinquents who, while committed to the  1163
department of youth services and in the care and custody of an  1164
institution or a community corrections facility, are adjudicated  1165
delinquent children for having committed in that institution or  1166
community corrections facility an act that if committed by an  1167
adult would be a misdemeanor or a felony;  1168
       (c) Children who satisfy all of the following:  1169
       (i) They are at least ten fourteen years of age but less  1170
than eighteen years of age.  1171
       (ii) They are adjudicated delinquent children for having  1172
committed acts that if committed by an adult would be a felony.  1173
       (iii) They are committed to the department of youth  1174
services by the juvenile court of a county that has had one-  1175
tenth of one per cent or less of the statewide adjudications for  1176
felony delinquents as averaged for the past four fiscal years.  1177
       (iv) They are in the care and custody of an institution or  1178
a community corrections facility.  1179
       (d) Felony delinquents who, while committed to the  1180
department of youth services and in the care and custody of an  1181
institution are serving disciplinary time for having committed  1182
an act described in division (A)(18)(a), (b), or (c) of this  1183
section, and who have been institutionalized or  1184
S. B. No. 270  Page 41
As Introduced
institutionalized in a secure facility for the minimum period of  1185
time specified in divisions (A)(1)(b) to (e)(f) of section  1186
2152.16 of the Revised Code.  1187
       (e) Felony delinquents who are subject to and serving a  1188
three-year period of commitment order imposed by a juvenile  1189
court pursuant to divisions (A) and (B) of section 2152.17 of  1190
the Revised Code for an act, other than a violation of section  1191
2911.11 of the Revised Code, that would be a category one  1192
offense or category two offense if committed by an adult.  1193
       (f) Felony delinquents who are described in divisions (A)  1194
(13)(a) to (e) of this section, who have been granted a judicial  1195
release to court supervision under division (B) or (D) of  1196
section 2152.22 of the Revised Code or a judicial release to the  1197
department of youth services supervision under division (C) or  1198
(D) of that section from the commitment to the department of  1199
youth services for the act described in divisions (A)(13)(a) to  1200
(e) of this section, who have violated the terms and conditions  1201
of that release, and who, pursuant to an order of the court of  1202
the county in which the particular felony delinquent was placed  1203
on release that is issued pursuant to division (E) of section  1204
2152.22 of the Revised Code, have been returned to the  1205
department for institutionalization or institutionalization in a  1206
secure facility.  1207
       (g) Felony delinquents who have been committed to the  1208
custody of the department of youth services, who have been  1209
granted supervised release from the commitment pursuant to  1210
section 5139.51 of the Revised Code, who have violated the terms  1211
and conditions of that supervised release, and who, pursuant to  1212
an order of the court of the county in which the particular  1213
child was placed on supervised release issued pursuant to  1214
S. B. No. 270  Page 42
As Introduced
division (F) of section 5139.52 of the Revised Code, have had  1215
the supervised release revoked and have been returned to the  1216
department for institutionalization. A felony delinquent  1217
described in this division shall be a public safety bed only for  1218
the time during which the felony delinquent is institutionalized  1219
as a result of the revocation subsequent to the initial ninety-  1220
day period of institutionalization required by division (F) of  1221
section 5139.52 of the Revised Code.  1222
       (14) Unless the context requires a different meaning,  1223
"community corrections facility" means a county or multicounty  1224
rehabilitation center for felony delinquents who have been  1225
committed to the department of youth services and diverted from  1226
care and custody in an institution and placed in the  1227
rehabilitation center pursuant to division (E) of section  1228
5139.36 of the Revised Code.  1229
       (15) "Secure facility" means any facility that is designed  1230
and operated to ensure that all of its entrances and exits are  1231
under the exclusive control of its staff and to ensure that,  1232
because of that exclusive control, no child who has been  1233
institutionalized in the facility may leave the facility without  1234
permission or supervision.  1235
       (16) "Community residential program" means a program that  1236
satisfies both of the following:  1237
       (a) It is housed in a building or other structure that has  1238
no associated major restraining construction, including, but not  1239
limited to, a security fence.  1240
       (b) It provides twenty-four-hour care, supervision, and  1241
programs for felony delinquents who are in residence.  1242
       (17) "Category one offense" and "category two offense"  1243
S. B. No. 270  Page 43
As Introduced
have the same meanings as in section 2152.02 of the Revised  1244
Code.  1245
        (18) "Disciplinary time" means additional time that the  1246
department of youth services requires a felony delinquent to  1247
serve in an institution, that delays the felony delinquent's  1248
planned release, and that the department imposes upon the felony  1249
delinquent following the conduct of an internal due process  1250
hearing for having committed any of the following acts while  1251
committed to the department and in the care and custody of an  1252
institution:  1253
        (a) An act that if committed by an adult would be a  1254
felony;  1255
        (b) An act that if committed by an adult would be a  1256
misdemeanor;  1257
        (c) An act that is not described in division (A)(18)(a) or  1258
(b) of this section and that violates an institutional rule of  1259
conduct of the department.  1260
        (19) "Unruly child" has the same meaning as in section  1261
2151.022 of the Revised Code.  1262
        (20) "Revocation" means the act of revoking a child's  1263
supervised release for a violation of a term or condition of the  1264
child's supervised release in accordance with section 5139.52 of  1265
the Revised Code.  1266
        (21) "Release authority" means the release authority of  1267
the department of youth services that is established by section  1268
5139.50 of the Revised Code.  1269
        (22) "Supervised release" means the event of the release  1270
of a child under this chapter from an institution and the period  1271
S. B. No. 270  Page 44
As Introduced
after that release during which the child is supervised and  1272
assisted by an employee of the department of youth services  1273
under specific terms and conditions for reintegration of the  1274
child into the community.  1275
       (23) "Victim" means the person identified in a police  1276
report, complaint, or information as the victim of an act that  1277
would have been a criminal offense if committed by an adult and  1278
that provided the basis for adjudication proceedings resulting  1279
in a child's commitment to the legal custody of the department  1280
of youth services.  1281
       (24) "Victim's representative" means a member of the  1282
victim's family or another person whom the victim or another  1283
authorized person designates in writing, pursuant to section  1284
5139.56 of the Revised Code, to represent the victim with  1285
respect to proceedings of the release authority of the  1286
department of youth services and with respect to other matters  1287
specified in that section.  1288
       (25) "Member of the victim's family" means a spouse,  1289
child, stepchild, sibling, parent, stepparent, grandparent,  1290
other relative, or legal guardian of a child but does not  1291
include a person charged with, convicted of, or adjudicated a  1292
delinquent child for committing a criminal or delinquent act  1293
against the victim or another criminal or delinquent act arising  1294
out of the same conduct, criminal or delinquent episode, or plan  1295
as the criminal or delinquent act committed against the victim.  1296
       (26) "Judicial release to court supervision" means a  1297
release of a child from institutional care or institutional care  1298
in a secure facility that is granted by a court pursuant to  1299
division (B) of section 2152.22 of the Revised Code during the  1300
period specified in that division or that is granted by a court  1301
S. B. No. 270  Page 45
As Introduced
to court supervision pursuant to division (D) of that section  1302
during the period specified in that division.  1303
       (27) "Judicial release to department of youth services  1304
supervision" means a release of a child from institutional care  1305
or institutional care in a secure facility that is granted by a  1306
court pursuant to division (C) of section 2152.22 of the Revised  1307
Code during the period specified in that division or that is  1308
granted to department supervision by a court pursuant to  1309
division (D) of that section during the period specified in that  1310
division.  1311
       (28) "Juvenile justice system" includes all of the  1312
functions of the juvenile courts, the department of youth  1313
services, any public or private agency whose purposes include  1314
the prevention of delinquency or the diversion, adjudication,  1315
detention, or rehabilitation of delinquent children, and any of  1316
the functions of the criminal justice system that are applicable  1317
to children.  1318
       (29) "Metropolitan county criminal justice services  1319
agency" means an agency that is established pursuant to division  1320
(A) of section 5502.64 of the Revised Code.  1321
       (30) "Administrative planning district" means a district  1322
that is established pursuant to division (A) or (B) of section  1323
5502.66 of the Revised Code.  1324
       (31) "Criminal justice coordinating council" means a  1325
criminal justice services agency that is established pursuant to  1326
division (D) of section 5502.66 of the Revised Code.  1327
       (32) "Comprehensive plan" means a document that  1328
coordinates, evaluates, and otherwise assists, on an annual or  1329
multi-year basis, all of the functions of the juvenile justice  1330
S. B. No. 270  Page 46
As Introduced
systems of the state or a specified area of the state, that  1331
conforms to the priorities of the state with respect to juvenile  1332
justice systems, and that conforms with the requirements of all  1333
federal criminal justice acts. These functions include, but are  1334
not limited to, all of the following:  1335
       (a) Delinquency;  1336
       (b) Identification, detection, apprehension, and detention  1337
of persons charged with delinquent acts;  1338
       (c) Assistance to crime victims or witnesses, except that  1339
the comprehensive plan does not include the functions of the  1340
attorney general pursuant to sections 109.91 and 109.92 of the  1341
Revised Code;  1342
       (d) Adjudication or diversion of persons charged with  1343
delinquent acts;  1344
       (e) Custodial treatment of delinquent children;  1345
       (f) Institutional and noninstitutional rehabilitation of  1346
delinquent children.  1347
       (B) There is hereby created the department of youth  1348
services. The governor shall appoint the director of the  1349
department with the advice and consent of the senate. The  1350
director shall hold office during the term of the appointing  1351
governor but subject to removal at the pleasure of the governor.  1352
Except as otherwise authorized in section 108.05 of the Revised  1353
Code, the director shall devote the director's entire time to  1354
the duties of the director's office and shall hold no other  1355
office or position of trust or profit during the director's term  1356
of office.  1357
       The director is the chief executive and administrative  1358
S. B. No. 270  Page 47
As Introduced
officer of the department and has all the powers of a department  1359
head set forth in Chapter 121. of the Revised Code. The director  1360
may adopt rules for the government of the department, the  1361
conduct of its officers and employees, the performance of its  1362
business, and the custody, use, and preservation of the  1363
department's records, papers, books, documents, and property.  1364
The director shall be an appointing authority within the meaning  1365
of Chapter 124. of the Revised Code. Whenever this or any other  1366
chapter or section of the Revised Code imposes a duty on or  1367
requires an action of the department, the duty or action shall  1368
be performed by the director or, upon the director's order, in  1369
the name of the department.  1370
       Sec. 5139.05. (A) The Except as provided in section  1371
2152.16 of the Revised Code, the juvenile court may commit any a  1372
child to the department of youth services as authorized in  1373
Chapter 2152. of the Revised Code, provided that any child so  1374
committed shall be at least ten fourteen years of age at the  1375
time of the child's delinquent act, and, if the child is ten or  1376
eleven years of age, the delinquent act is a violation of  1377
section 2909.03 of the Revised Code or would be aggravated  1378
murder, murder, or a first or second degree felony offense of  1379
violence if committed by an adult. Any order to commit a child  1380
to an institution under the control and management of the  1381
department shall have the effect of ordering that the child be  1382
committed to the department and assigned to an institution or  1383
placed in a community corrections facility in accordance with  1384
division (E) of section 5139.36 of the Revised Code as follows:  1385
       (1) For an indefinite term consisting of the prescribed  1386
minimum period specified by the court under division (A)(1) of  1387
section 2152.16 of the Revised Code and a maximum period not to  1388
exceed the child's attainment of twenty-one years of age, if the  1389
S. B. No. 270  Page 48
As Introduced
child was committed pursuant to section 2152.16 of the Revised  1390
Code;  1391
        (2) Until the child's attainment of twenty-one years of  1392
age, if the child was committed for aggravated murder or murder  1393
pursuant to section 2152.16 of the Revised Code;  1394
        (3) For a period of commitment that shall be in addition  1395
to, and shall be served consecutively with and prior to, a  1396
period of commitment described in division (A)(1) or (2) of this  1397
section, if the child was committed pursuant to section 2152.17  1398
of the Revised Code;  1399
        (4) If the child is ten or eleven years of age, to an  1400
institution, a residential care facility, a residential  1401
facility, or a facility licensed by the department of job and  1402
family services that the department of youth services considers  1403
best designated for the training and rehabilitation of the child  1404
and protection of the public. The child shall be housed  1405
separately from children who are twelve years of age or older  1406
until the child is released or discharged or until the child  1407
attains twelve years of age, whichever occurs first. Upon the  1408
child's attainment of twelve years of age, if the child has not  1409
been released or discharged, the department is not required to  1410
house the child separately.  1411
        (B)(1) Except as otherwise provided in section 5139.54 of  1412
the Revised Code, the release authority of the department of  1413
youth services, in accordance with section 5139.51 of the  1414
Revised Code and at any time after the end of the minimum period  1415
specified under division (A)(1) of section 2152.16 of the  1416
Revised Code, may grant the release from custody of any child  1417
committed to the department.  1418
S. B. No. 270  Page 49
As Introduced
       The order committing a child to the department of youth  1419
services shall state that the child has been adjudicated a  1420
delinquent child and state the minimum period. The jurisdiction  1421
of the court terminates at the end of the minimum period except  1422
as follows:  1423
       (a) In relation to judicial release procedures,  1424
supervision, and violations;  1425
       (b) With respect to functions of the court related to the  1426
revocation of supervised release that are specified in sections  1427
5139.51 and 5139.52 of the Revised Code;  1428
       (c) In relation to its duties relating to serious youthful  1429
offender dispositional sentences under sections 2152.13 and  1430
2152.14 of the Revised Code.  1431
       (2) When a child has been committed to the department  1432
under section 2152.16 of the Revised Code, the department shall  1433
retain legal custody of the child until one of the following:  1434
       (a) The department discharges the child to the exclusive  1435
management, control, and custody of the child's parent or the  1436
guardian of the child's person or, if the child is eighteen  1437
years of age or older, discharges the child.  1438
       (b) The committing court, upon its own motion, upon  1439
petition of the parent, guardian of the person, or next friend  1440
of a child, or upon petition of the department, terminates the  1441
department's legal custody of the child.  1442
       (c) The committing court grants the child a judicial  1443
release to court supervision under section 2152.22 of the  1444
Revised Code.  1445
       (d) The department's legal custody of the child is  1446
S. B. No. 270  Page 50
As Introduced
terminated automatically by the child attaining twenty-one years  1447
of age.  1448
       (e) If the child is subject to a serious youthful offender  1449
dispositional sentence, the adult portion of that dispositional  1450
sentence is imposed under section 2152.14 of the Revised Code.  1451
       (C) When a child is committed to the department of youth  1452
services, the department may assign the child to a hospital for  1453
mental, physical, and other examination, inquiry, or treatment  1454
for the period of time that is necessary. The department may  1455
remove any child in its custody to a hospital for observation,  1456
and a complete report of every observation at the hospital shall  1457
be made in writing and shall include a record of observation,  1458
treatment, and medical history and a recommendation for future  1459
treatment, custody, and maintenance. The department shall  1460
thereupon order the placement and treatment that it determines  1461
to be most conducive to the purposes of Chapters 2151. and 5139.  1462
of the Revised Code. The committing court and all public  1463
authorities shall make available to the department all pertinent  1464
data in their possession with respect to the case.  1465
       (D) Records maintained by the department of youth services  1466
pertaining to the children in its custody shall be accessible  1467
only to department employees, except by consent of the  1468
department, upon the order of the judge of a court of record, or  1469
as provided in divisions (D)(1) and (2) of this section. These  1470
records shall not be considered "public records," as defined in  1471
section 149.43 of the Revised Code.  1472
       (1) Except as otherwise provided by a law of this state or  1473
the United States, the department of youth services may release  1474
records that are maintained by the department of youth services  1475
and that pertain to children in its custody to the department of  1476
S. B. No. 270  Page 51
As Introduced
rehabilitation and correction regarding persons who are under  1477
the jurisdiction of the department of rehabilitation and  1478
correction and who have previously been committed to the  1479
department of youth services. The department of rehabilitation  1480
and correction may use those records for the limited purpose of  1481
carrying out the duties of the department of rehabilitation and  1482
correction. Records released by the department of youth services  1483
to the department of rehabilitation and correction shall remain  1484
confidential and shall not be considered public records as  1485
defined in section 149.43 of the Revised Code.  1486
       (2) The department of youth services shall provide to the  1487
superintendent of the school district in which a child  1488
discharged or released from the custody of the department is  1489
entitled to attend school under section 3313.64 or 3313.65 of  1490
the Revised Code the records described in divisions (D)(4)(a) to  1491
(d) of section 2152.18 of the Revised Code. Subject to the  1492
provisions of section 3319.321 of the Revised Code and the  1493
Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as  1494
amended, the records released to the superintendent shall remain  1495
confidential and shall not be considered public records as  1496
defined in section 149.43 of the Revised Code.  1497
       (E)(1) When a child is committed to the department of  1498
youth services, the department, orally or in writing, shall  1499
notify the parent, guardian, or custodian of a child that the  1500
parent, guardian, or custodian may request at any time from the  1501
superintendent of the institution in which the child is located  1502
any of the information described in divisions (E)(1)(a), (b),  1503
(c), and (d) of this section. The parent, guardian, or custodian  1504
may provide the department with the name, address, and telephone  1505
number of the parent, guardian, or custodian, and, until the  1506
department is notified of a change of name, address, or  1507
S. B. No. 270  Page 52
As Introduced
telephone number, the department shall use the name, address,  1508
and telephone number provided by the parent, guardian, or  1509
custodian to provide notices or answer inquiries concerning the  1510
following information:  1511
       (a) When the department of youth services makes a  1512
permanent assignment of the child to a facility, the department,  1513
orally or in writing and on or before the third business day  1514
after the day the permanent assignment is made, shall notify the  1515
parent, guardian, or custodian of the child of the name of the  1516
facility to which the child has been permanently assigned.  1517
       If a parent, guardian, or custodian of a child who is  1518
committed to the department of youth services requests, orally  1519
or in writing, the department to provide the parent, guardian,  1520
or custodian with the name of the facility in which the child is  1521
currently located, the department, orally or in writing and on  1522
or before the next business day after the day on which the  1523
request is made, shall provide the name of that facility to the  1524
parent, guardian, or custodian.  1525
       (b) If a parent, guardian, or custodian of a child who is  1526
committed to the department of youth services, orally or in  1527
writing, asks the superintendent of the institution in which the  1528
child is located whether the child is being disciplined by the  1529
personnel of the institution, what disciplinary measure the  1530
personnel of the institution are using for the child, or why the  1531
child is being disciplined, the superintendent or the  1532
superintendent's designee, on or before the next business day  1533
after the day on which the request is made, shall provide the  1534
parent, guardian, or custodian with written or oral responses to  1535
the questions.  1536
       (c) If a parent, guardian, or custodian of a child who is  1537
S. B. No. 270  Page 53
As Introduced
committed to the department of youth services, orally or in  1538
writing, asks the superintendent of the institution in which the  1539
child is held whether the child is receiving any medication from  1540
personnel of the institution, what type of medication the child  1541
is receiving, or what condition of the child the medication is  1542
intended to treat, the superintendent or the superintendent's  1543
designee, on or before the next business day after the day on  1544
which the request is made, shall provide the parent, guardian,  1545
or custodian with oral or written responses to the questions.  1546
       (d) When a major incident occurs with respect to a child  1547
who is committed to the department of youth services, the  1548
department, as soon as reasonably possible after the major  1549
incident occurs, shall notify the parent, guardian, or custodian  1550
of the child that a major incident has occurred with respect to  1551
the child and of all the details of that incident that the  1552
department has ascertained.  1553
       (2) The failure of the department of youth services to  1554
provide any notification required by or answer any requests made  1555
pursuant to division (E) of this section does not create a cause  1556
of action against the state.  1557
       (F) The department of youth services, as a means of  1558
punishment while the child is in its custody, shall not prohibit  1559
a child who is committed to the department from seeing that  1560
child's parent, guardian, or custodian during standard  1561
visitation periods allowed by the department of youth services  1562
unless the superintendent of the institution in which the child  1563
is held determines that permitting that child to visit with the  1564
child's parent, guardian, or custodian would create a safety  1565
risk to that child, that child's parents, guardian, or  1566
custodian, the personnel of the institution, or other children  1567
S. B. No. 270  Page 54
As Introduced
held in that institution.  1568
       (G) As used in this section:  1569
       (1) "Permanent assignment" means the assignment or  1570
transfer for an extended period of time of a child who is  1571
committed to the department of youth services to a facility in  1572
which the child will receive training or participate in  1573
activities that are directed toward the child's successful  1574
rehabilitation. "Permanent assignment" does not include the  1575
transfer of a child to a facility for judicial release hearings  1576
pursuant to section 2152.22 of the Revised Code or for any other  1577
temporary assignment or transfer to a facility.  1578
       (2) "Major incident" means the escape or attempted escape  1579
of a child who has been committed to the department of youth  1580
services from the facility to which the child is assigned; the  1581
return to the custody of the department of a child who has  1582
escaped or otherwise fled the custody and control of the  1583
department without authorization; the allegation of any sexual  1584
activity with a child committed to the department; physical  1585
injury to a child committed to the department as a result of  1586
alleged abuse by department staff; an accident resulting in  1587
injury to a child committed to the department that requires  1588
medical care or treatment outside the institution in which the  1589
child is located; the discovery of a controlled substance upon  1590
the person or in the property of a child committed to the  1591
department; a suicide attempt by a child committed to the  1592
department; a suicide attempt by a child committed to the  1593
department that results in injury to the child requiring  1594
emergency medical services outside the institution in which the  1595
child is located; the death of a child committed to the  1596
department; an injury to a visitor at an institution under the  1597
S. B. No. 270  Page 55
As Introduced
control of the department that is caused by a child committed to  1598
the department; and the commission or suspected commission of an  1599
act by a child committed to the department that would be an  1600
offense if committed by an adult.  1601
        (3) "Sexual activity" has the same meaning as in section  1602
2907.01 of the Revised Code.  1603
        (4) "Controlled substance" has the same meaning as in  1604
section 3719.01 of the Revised Code.  1605
        (5) "Residential care facility" and "residential facility"  1606
have the same meanings as in section 2151.011 of the Revised  1607
Code.  1608
        Sec. 5139.06. (A) When a child has been committed to the  1609
department of youth services, the department shall do both of  1610
the following:  1611
        (1) Place the child in an appropriate institution under  1612
the condition that it considers best designed for the training  1613
and rehabilitation of the child and the protection of the  1614
public, provided that the institutional placement shall be  1615
consistent with the order committing the child to its custody;  1616
        (2) Maintain the child in institutional care or  1617
institutional care in a secure facility for the required period  1618
of institutionalization in a manner consistent with division (A)  1619
(1) of section 2152.16 and divisions (A) to (F) of section  1620
2152.17 of the Revised Code, whichever are applicable, and with  1621
section 5139.38 or division (B), (C), or (D) of section 2152.22  1622
of the Revised Code.  1623
        (B) When a child has been committed to the department of  1624
youth services and has not been institutionalized or  1625
institutionalized in a secure facility for the prescribed  1626
S. B. No. 270  Page 56
As Introduced
minimum period of time, including, but not limited to, a  1627
prescribed period of time under division (A)(1)(a) of section  1628
2152.16 of the Revised Code, the department, the child, or the  1629
child's parent may request the court that committed the child to  1630
order a judicial release to court supervision or a judicial  1631
release to department of youth services supervision in  1632
accordance with division (B), (C), or (D) of section 2152.22 of  1633
the Revised Code, and the child may be released from  1634
institutionalization or institutionalization in a secure  1635
facility in accordance with the applicable division. A child in  1636
those circumstances shall not be released from  1637
institutionalization or institutionalization in a secure  1638
facility except in accordance with section 2152.22 or 5139.38 of  1639
the Revised Code. When a child is released pursuant to a  1640
judicial release to court supervision under division (B) or (D)  1641
of section 2152.22 of the Revised Code, the department shall  1642
comply with division (B)(3) of that section and, if the court  1643
requests, shall send the committing court a report on the  1644
child's progress in the institution and recommendations for  1645
conditions of supervision by the court after release. When a  1646
child is released pursuant to a judicial release to department  1647
of youth services supervision under division (C) or (D) of  1648
section 2152.22 of the Revised Code, the department shall comply  1649
with division (C)(3) of that section relative to the child and  1650
shall send the committing court and the juvenile court of the  1651
county in which the child is placed a copy of the treatment and  1652
rehabilitation plan described in that division and the  1653
conditions that it fixed. The court of the county in which the  1654
child is placed may adopt the conditions as an order of the  1655
court and may add any additional consistent conditions it  1656
considers appropriate, provided that the court may not add any  1657
condition that decreases the level or degree of supervision  1658
S. B. No. 270  Page 57
As Introduced
specified by the department in its plan, that substantially  1659
increases the financial burden of supervision that will be  1660
experienced by the department, or that alters the placement  1661
specified by the department in its plan. Any violations of the  1662
conditions of the child's judicial release or early release  1663
shall be handled pursuant to division (E) of section 2152.22 of  1664
the Revised Code.  1665
       (C) When a child has been committed to the department of  1666
youth services, the department may do any of the following:  1667
       (1) Notwithstanding the provisions of this chapter,  1668
Chapter 2151., or Chapter 2152. of the Revised Code that  1669
prescribe required periods of institutionalization, transfer the  1670
child to any other state institution, whenever it appears that  1671
the child by reason of mental illness or developmental  1672
disability ought to be in another state institution. Before  1673
transferring a child to any other state institution, the  1674
department shall include in the minutes a record of the order of  1675
transfer and the reason for the transfer and, at least seven  1676
days prior to the transfer, shall send a certified copy of the  1677
order to the person shown by its record to have had the care or  1678
custody of the child immediately prior to the child's  1679
commitment. Except as provided in division (C)(2) of this  1680
section, no person shall be transferred from a benevolent  1681
institution to a correctional institution or to a facility or  1682
institution operated by the department of youth services.  1683
       (2) Notwithstanding the provisions of this chapter,  1684
Chapter 2151., or Chapter 2152. of the Revised Code that  1685
prescribe required periods of institutionalization, transfer the  1686
child under section 5120.162 of the Revised Code to a  1687
correctional medical center established by the department of  1688
S. B. No. 270  Page 58
As Introduced
rehabilitation and correction, whenever the child has an  1689
illness, physical condition, or other medical problem and it  1690
appears that the child would benefit from diagnosis or treatment  1691
at the center for that illness, condition, or problem. Before  1692
transferring a child to a center, the department of youth  1693
services shall include in the minutes a record of the order of  1694
transfer and the reason for the transfer and, except in  1695
emergency situations, at least seven days prior to the transfer,  1696
shall send a certified copy of the order to the person shown by  1697
its records to have had the care or custody of the child  1698
immediately prior to the child's commitment. If the transfer of  1699
the child occurs in an emergency situation, as soon as possible  1700
after the decision is made to make the transfer, the department  1701
of youth services shall send a certified copy of the order to  1702
the person shown by its records to have had the care or custody  1703
of the child immediately prior to the child's commitment. A  1704
transfer under this division shall be in accordance with the  1705
terms of the agreement the department of youth services enters  1706
into with the department of rehabilitation and correction under  1707
section 5120.162 of the Revised Code and shall continue only as  1708
long as the child reasonably appears to receive benefit from  1709
diagnosis or treatment at the center for an illness, physical  1710
condition, or other medical problem.  1711
       (3) Revoke or modify any order of the department except an  1712
order of discharge as often as conditions indicate it to be  1713
desirable;  1714
       (4) If the child was committed pursuant to division (A)(1)  1715
(b), (c), (d), or (e), or (f) of section 2152.16 of the Revised  1716
Code and has been institutionalized or institutionalized in a  1717
secure facility for the prescribed minimum periods of time under  1718
the division pursuant to which the commitment was made, assign  1719
S. B. No. 270  Page 59
As Introduced
the child to a family home, a group care facility, or other  1720
place maintained under public or private auspices, within or  1721
without this state, for necessary treatment and rehabilitation,  1722
the costs of which may be paid by the department, provided that  1723
the department shall notify the committing court, in writing, of  1724
the place and terms of the assignment at least fifteen days  1725
prior to the scheduled date of the assignment;  1726
       (5) Release the child from an institution in accordance  1727
with sections 5139.51 to 5139.54 of the Revised Code in the  1728
circumstances described in those sections.  1729
       (D) The department of youth services shall notify the  1730
committing court of any order transferring the physical location  1731
of any child committed to it in accordance with section 5139.35  1732
of the Revised Code. Upon the discharge from its custody and  1733
control, the department may petition the court for an order  1734
terminating its custody and control.  1735
       Sec. 5139.20. (A) Notwithstanding any other provision of  1736
the Revised Code that sets forth the minimum periods or period  1737
for which a child committed to the department of youth services  1738
is to be institutionalized or institutionalized in a secure  1739
facility or the procedures for the judicial release to court  1740
supervision or judicial release to department of youth services  1741
supervision, the department may grant emergency releases to  1742
children confined in state juvenile institutions if the  1743
governor, upon request of the director of the department  1744
authorizes the director, in writing, to issue a declaration that  1745
an emergency overcrowding condition exists in all of the  1746
institutions in which males are confined, or in all of the  1747
institutions in which females are confined, that are under the  1748
control of the department. If the governor authorizes the  1749
S. B. No. 270  Page 60
As Introduced
issuance of a declaration, the director may issue the  1750
declaration. If the director issues the declaration, the  1751
director shall file a copy of it with the secretary of state,  1752
which copy shall be a public record. Upon the filing of the  1753
copy, the department is authorized to grant emergency releases  1754
to children within its custody subject to division (B) of this  1755
section. The authority to grant the emergency releases shall  1756
continue until the expiration of thirty days from the day on  1757
which the declaration was filed. The director shall not issue a  1758
declaration that an emergency overcrowding condition exists  1759
unless the director determines that no other method of  1760
alleviating the overcrowding condition is available.  1761
       (B)(1) If the department is authorized under division (A)  1762
of this section to grant emergency releases to children within  1763
its custody, the department shall determine which, if any,  1764
children to release under that authority only in accordance with  1765
this division and divisions (C), (D), and (E) of this section.  1766
The department, in determining which, if any, children to  1767
release, initially shall classify each child within its custody  1768
according to the degree of offense that the act for which the  1769
child is serving the period of institutionalization would have  1770
been if committed by an adult. The department then shall  1771
scrutinize individual children for emergency release, based upon  1772
their degree of offense, in accordance with the categories and  1773
the order of consideration set forth in division (B)(2) of this  1774
section. After scrutiny of all children within the particular  1775
category under consideration, the department shall designate  1776
individual children within that category to whom it wishes to  1777
grant an emergency release.  1778
       (2) The categories of children in the custody of the  1779
department that may be considered for emergency release under  1780
S. B. No. 270  Page 61
As Introduced
this section, and the order in which the categories shall be  1781
considered, are as follows:  1782
       (a) Initially, only children who are not serving a period  1783
of institutionalization for an act that would have been  1784
aggravated murder, murder, or a felony of the first, second,  1785
third, or fourth degree if committed by an adult or for an act  1786
that was committed before July 1, 1996, and that would have been  1787
an aggravated felony of the first, second, or third degree if  1788
committed by an adult may be considered.  1789
       (b) When all children in the category described in  1790
division (B)(2)(a) of this section have been scrutinized and all  1791
children in that category who have been designated for emergency  1792
release under division (B)(1) of this section have been so  1793
released, then all children who are not serving a period of  1794
institutionalization for an act that would have been aggravated  1795
murder, murder, or a felony of the first or second degree if  1796
committed by an adult or for an act that was committed before  1797
July 1, 1996, and that would have been an aggravated felony of  1798
the first or second degree if committed by an adult may be  1799
considered.  1800
       (c) When all children in the categories described in  1801
divisions (B)(2)(a) and (b) of this section have been  1802
scrutinized and all children in those categories who have been  1803
designated for emergency release under division (B)(1) of this  1804
section have been released, then all children who are not  1805
serving a term of institutionalization for an act that would  1806
have been aggravated murder, murder, or a felony of the first  1807
degree if committed by an adult or for an act that was committed  1808
before July 1, 1996, and that would have been an aggravated  1809
felony of the first or second degree if committed by an adult  1810
S. B. No. 270  Page 62
As Introduced
may be considered.  1811
       (d) In no case shall the department consider for emergency  1812
release any child who is serving a term of institutionalization  1813
for an act that would have been aggravated murder, murder, or a  1814
felony of the first degree if committed by an adult or for an  1815
act that was committed before July 1, 1996, and that would have  1816
been an aggravated felony of the first degree if committed by an  1817
adult, and in no case shall the department grant an emergency  1818
release to any such child pursuant to this section.  1819
       (C) An emergency release granted pursuant to this section  1820
shall consist of one of the following:  1821
       (1) A supervised release under terms and conditions that  1822
the department believes conducive to law-abiding conduct;  1823
       (2) A discharge of the child from the custody and control  1824
of the department if the department is satisfied that the  1825
discharge is consistent with the welfare of the individual and  1826
protection of the public;  1827
       (3) An assignment to a family home, a group care facility,  1828
or other place maintained under public or private auspices,  1829
within or without this state, for necessary treatment or  1830
rehabilitation, the costs of which may be paid by the  1831
department.  1832
       (D) If a child is granted an emergency release pursuant to  1833
this section, the child thereafter shall be considered to have  1834
been institutionalized or institutionalized in a secure facility  1835
for the prescribed minimum period of time under division (A)(1)  1836
(b), (c), (d), or (e), or (f) of section 2152.16 of the Revised  1837
Code, or all definite periods of commitment imposed under  1838
division (A), (B), (C), or (D) of section 2152.17 of the Revised  1839
S. B. No. 270  Page 63
As Introduced
Code plus the prescribed minimum period of time imposed under  1840
division (A)(1)(b), (c), (d), or (e), or (f) of section 2152.16  1841
of the Revised Code, whichever is applicable. The department  1842
shall retain legal custody of a child so released until it  1843
discharges the child or until its custody is terminated as  1844
otherwise provided by law.  1845
       (E)(1) If a child is granted an emergency release so that  1846
the child is released on supervised release or assigned to a  1847
family home, group care facility, or other place for treatment  1848
or rehabilitation, the department shall prepare a written  1849
treatment and rehabilitation plan for the child in accordance  1850
with division (F) of section 2152.22 of the Revised Code, which  1851
shall include the conditions of the child's release or  1852
assignment, and shall send the committing court and the juvenile  1853
court of the county in which the child is placed a copy of the  1854
plan and the conditions that it fixed. The court of the county  1855
in which the child is placed may adopt the conditions as an  1856
order of the court and may add any additional consistent  1857
conditions it considers appropriate. If a child is released on  1858
supervised release or is assigned subject to specified  1859
conditions and the court of the county in which the child is  1860
placed has reason to believe that the child's deportment is not  1861
in accordance with any post-release conditions established by  1862
the court in its journal entry, the court of the county in which  1863
the child is placed, in its discretion, may schedule a time for  1864
a hearing on whether the child violated any of the post-release  1865
conditions. If that court conducts a hearing and determines at  1866
the hearing that the child violated any of the post-release  1867
conditions established in its journal entry, the court, if it  1868
determines that the violation of the conditions was a serious  1869
violation, may order the child to be returned to the department  1870
S. B. No. 270  Page 64
As Introduced
of youth services for institutionalization or, in any case, may  1871
make any other disposition of the child authorized by law that  1872
the court considers proper. If the court of the county in which  1873
the child is placed orders the child to be returned to a  1874
department of youth services institution, the child shall remain  1875
institutionalized for a minimum period of three months.  1876
        (2) The department also shall file a written progress  1877
report with the committing court regarding each child granted an  1878
emergency release pursuant to this section at least once every  1879
thirty days unless specifically directed otherwise by the court.  1880
The report shall include the information required of reports  1881
described in division (G) of section 2152.22 of the Revised  1882
Code.  1883
        Sec. 5139.35. (A) Except as provided in division (C) of  1884
this section and division (C)(2) of section 5139.06 of the  1885
Revised Code, the department of youth services shall not place a  1886
child committed to it pursuant to section 2152.16 or divisions  1887
(A) and (B) of section 2152.17 of the Revised Code who has not  1888
been institutionalized or institutionalized in a secure facility  1889
for the prescribed minimum period of institutionalization in an  1890
institution with a less restrictive setting than that in which  1891
the child was originally placed, other than an institution under  1892
the management and control of the department, without first  1893
obtaining the prior consent of the committing court.  1894
        (B) Except as provided in division (C) of this section,  1895
the department of youth services shall notify the committing  1896
court, in writing, of any placement of a child committed to it  1897
pursuant to division (A)(1)(b), (c), (d), or (e), or (f) of  1898
section 2152.16 or divisions (A) and (B) of section 2152.17 of  1899
the Revised Code who has been institutionalized or  1900
S. B. No. 270  Page 65
As Introduced
institutionalized in a secure facility for the prescribed  1901
minimum period of institutionalization under those divisions in  1902
an institution with a less restrictive setting than that in  1903
which the child was originally placed, other than an institution  1904
under the management and control of the department, at least  1905
fifteen days before the scheduled date of placement.  1906
       (C) If, pursuant to division (C)(2) of section 5139.06 of  1907
the Revised Code, the department of youth services transfers a  1908
child committed to it pursuant to division (A)(1)(b), (c), (d),  1909
or (e), or (f) of section 2152.16 or divisions (A) and (B) of  1910
section 2152.17 of the Revised Code to a correctional medical  1911
center established by the department of rehabilitation and  1912
correction, the department of youth services shall send the  1913
committing court a certified copy of the transfer order.  1914
       Sec. 5139.51. (A) The release authority of the department  1915
of youth services shall not release a child who is in the  1916
custody of the department of youth services from institutional  1917
care or institutional care in a secure facility and shall not  1918
discharge the child or order the child's release on supervised  1919
release prior to the expiration of the prescribed minimum period  1920
of institutionalization or institutionalization in a secure  1921
facility or prior to the child's attainment of twenty-one years  1922
of age, whichever is applicable under the order of commitment,  1923
other than as is provided in section 2152.22 of the Revised  1924
Code. The release authority may conduct periodic reviews of the  1925
case of each child who is in the custody of the department and  1926
who is eligible for supervised release or discharge after  1927
completing the minimum period of time or period of time in an  1928
institution prescribed by the committing court. At least thirty  1929
days prior to conducting a periodic review of the case of a  1930
child who was committed to the department regarding the  1931
S. B. No. 270  Page 66
As Introduced
possibility of supervised release or discharge and at least  1932
thirty days prior to conducting a release review, a release  1933
hearing, or a discharge review under division (E) of this  1934
section, the release authority shall give notice of the review  1935
or hearing to the court that committed the child, to the  1936
prosecuting attorney in the case, and to the victim of the  1937
delinquent act for which the child was committed or the victim's  1938
representative. If a child is on supervised release and has had  1939
the child's parole revoked, and if, upon release, there is  1940
insufficient time to provide the notices otherwise required by  1941
this division, the release authority, at least ten days prior to  1942
the child's release, shall provide reasonable notice of the  1943
child's release to the court that committed the child, to the  1944
prosecuting attorney in the case, and to the victim of the  1945
delinquent act for which the child was committed or the victim's  1946
representative. The court or prosecuting attorney may submit to  1947
the release authority written comments regarding, or written  1948
objections to, the supervised release or discharge of that  1949
child. Additionally, if the child was committed for an act that  1950
is a category one or category two offense, the court or  1951
prosecuting attorney orally may communicate to a representative  1952
of the release authority comments regarding, or objections to,  1953
the supervised release or discharge of the child or, if a  1954
hearing is held regarding the possible release or discharge of  1955
the child, may communicate those comments at the hearing. In  1956
conducting the review of the child's case regarding the  1957
possibility of supervised release or discharge, the release  1958
authority shall consider any comments and objections so  1959
submitted or communicated by the court or prosecutor and any  1960
statements or comments submitted or communicated under section  1961
5139.56 of the Revised Code by a victim of an act for which the  1962
child was committed to the legal custody of the department or by  1963
S. B. No. 270  Page 67
As Introduced
the victim's representative of a victim of an act of that type.  1964
       The release authority shall determine the date on which a  1965
child may be placed on supervised release or discharged. If the  1966
release authority believes that a child should be placed on  1967
supervised release, it shall comply with division (B) of this  1968
section. If the release authority believes that a child should  1969
be discharged, it shall comply with division (C) or (E) of this  1970
section. If the release authority denies the supervised release  1971
or discharge of a child, it shall provide the child with a  1972
written record of the reasons for the decision.  1973
       (B)(1) When the release authority decides to place a child  1974
on supervised release, consistent with division (D) of this  1975
section, the department shall prepare a written supervised  1976
release plan that specifies the terms and conditions upon which  1977
the child is to be released from an institution on supervised  1978
release and, at least thirty days prior to the release of the  1979
child on the supervised release, shall send to the committing  1980
court and the juvenile court of the county in which the child  1981
will be placed a copy of the supervised release plan and the  1982
terms and conditions of release. The juvenile court of the  1983
county in which the child will be placed, within fifteen days  1984
after its receipt of the copy of the supervised release plan,  1985
may add to the supervised release plan any additional consistent  1986
terms and conditions it considers appropriate, provided that the  1987
court may not add any term or condition that decreases the level  1988
or degree of supervision specified by the release authority in  1989
the plan, that substantially increases the financial burden of  1990
supervision that will be experienced by the department of youth  1991
services, or that alters the placement specified by the plan.  1992
       If, within fifteen days after its receipt of the copy of  1993
S. B. No. 270  Page 68
As Introduced
the supervised release plan, the juvenile court of the county in  1994
which the child will be placed does not add to the supervised  1995
release plan any additional terms and conditions, the court  1996
shall enter the supervised release plan in its journal within  1997
that fifteen-day period and, within that fifteen-day period,  1998
shall send to the release authority a copy of the journal entry  1999
of the supervised release plan. The journalized plan shall apply  2000
regarding the child's supervised release.  2001
       If, within fifteen days after its receipt of the copy of  2002
the supervised release plan, the juvenile court of the county in  2003
which the child will be placed adds to the supervised release  2004
plan any additional terms and conditions, the court shall enter  2005
the supervised release plan and the additional terms and  2006
conditions in its journal and, within that fifteen-day period,  2007
shall send to the release authority a copy of the journal entry  2008
of the supervised release plan and additional terms and  2009
conditions. The journalized supervised release plan and  2010
additional terms and conditions added by the court that satisfy  2011
the criteria described in this division shall apply regarding  2012
the child's supervised release.  2013
       If, within fifteen days after its receipt of the copy of  2014
the supervised release plan, the juvenile court of the county in  2015
which the child will be placed neither enters in its journal the  2016
supervised release plan nor enters in its journal the supervised  2017
release plan plus additional terms and conditions added by the  2018
court, the court and the department of youth services may  2019
attempt to resolve any differences regarding the plan within  2020
three days. If a resolution is not reached within that three-day  2021
period, thereafter, the supervised release plan shall be  2022
enforceable to the same extent as if the court actually had  2023
entered the supervised release plan in its journal.  2024
S. B. No. 270  Page 69
As Introduced
       (2) When the release authority receives from the court a  2025
copy of the journalized supervised release plan and, if  2026
applicable, a copy of the journalized additional terms and  2027
conditions added by the court, the release authority shall keep  2028
the original copy or copies in the child's file and shall  2029
provide a copy of each document to the child, the employee of  2030
the department who is assigned to supervise and assist the child  2031
while on release, and the committing court.  2032
       (C) If a child who is in the custody of the department of  2033
youth services was committed pursuant to division (A)(1)(b),  2034
(c), (d), or (e), or (f) of section 2152.16 of the Revised Code  2035
and has been institutionalized or institutionalized in a secure  2036
facility for the prescribed minimum periods of time under those  2037
divisions and if the release authority is satisfied that the  2038
discharge of the child without the child being placed on  2039
supervised release would be consistent with the welfare of the  2040
child and protection of the public, the release authority,  2041
without approval of the court that committed the child, may  2042
discharge the child from the department's custody and control  2043
without placing the child on supervised release. Additionally,  2044
the release authority may discharge a child in the department's  2045
custody without the child being placed on supervised release if  2046
the child is removed from the jurisdiction of this state by a  2047
court order of a court of this state, another state, or the  2048
United States, or by any agency of this state, another state, or  2049
the United States, if the child is convicted of or pleads guilty  2050
to any criminal offense, or as otherwise provided by law. At  2051
least fifteen days before the scheduled date of discharge of the  2052
child without the child being placed on supervised release, the  2053
department shall notify the committing court, in writing, that  2054
it is going to discharge the child and of the reason for the  2055
S. B. No. 270  Page 70
As Introduced
discharge. Upon discharge of the child without the child being  2056
placed on supervised release, the department immediately shall  2057
certify the discharge in writing and shall transmit the  2058
certificate of discharge to the committing court.  2059
       (D) In addition to requirements that are reasonably  2060
related to the child's prior pattern of criminal or delinquent  2061
behavior and the prevention of further criminal or delinquent  2062
behavior, the release authority shall specify the following  2063
requirements for each child whom it releases:  2064
       (1) The child shall observe the law.  2065
       (2) The child shall maintain appropriate contact, as  2066
specified in the written supervised release plan for that child.  2067
       (3) The child shall not change residence unless the child  2068
seeks prior approval for the change from the employee of the  2069
department assigned to supervise and assist the child, provides  2070
that employee, at the time the child seeks the prior approval  2071
for the change, with appropriate information regarding the new  2072
residence address at which the child wishes to reside, and  2073
obtains the prior approval of that employee for the change.  2074
       (E) The period of a child's supervised release may extend  2075
from the date of release from an institution until the child  2076
attains twenty-one years of age. If the period of supervised  2077
release extends beyond one year after the date of release, the  2078
child may request in writing that the release authority conduct  2079
a discharge review after the expiration of the one-year period  2080
or the minimum period or period. If the child so requests, the  2081
release authority shall conduct a discharge review and give the  2082
child its decision in writing. The release authority shall not  2083
grant a discharge prior to the discharge date if it finds good  2084
S. B. No. 270  Page 71
As Introduced
cause for retaining the child in the custody of the department  2085
until the discharge date. A child may request an additional  2086
discharge review six months after the date of a previous  2087
discharge review decision, but not more than once during any  2088
six-month period after the date of a previous discharge review  2089
decision.  2090
       (F) At least two weeks before the release authority places  2091
on supervised release or discharge a child who was committed to  2092
the legal custody of the department, the release authority shall  2093
provide notice of the release or discharge as follows:  2094
       (1) In relation to the placement on supervised release or  2095
discharge of a child who was committed to the department for  2096
committing an act that is a category one or category two  2097
offense, the release authority shall notify, by the specified  2098
deadline, all of the following of the release or discharge:  2099
       (a) The prosecuting attorney of the county in which the  2100
child was adjudicated a delinquent child and committed to the  2101
custody of the department;  2102
       (b) Whichever of the following is applicable:  2103
       (i) If upon the supervised release or discharge the child  2104
will reside in a municipal corporation, the chief of police or  2105
other chief law enforcement officer of that municipal  2106
corporation;  2107
       (ii) If upon the supervised release or discharge the child  2108
will reside in an unincorporated area of a county, the sheriff  2109
of that county.  2110
       (2) In relation to the placement on supervised release or  2111
discharge of a child who was committed to the department for  2112
committing any act, the release authority shall notify, by the  2113
S. B. No. 270  Page 72
As Introduced
specified deadline, each victim of the act for which the child  2114
was committed to the legal custody of the department who,  2115
pursuant to section 5139.56 of the Revised Code, has requested  2116
to be notified of the placement of the child on supervised  2117
release or the discharge of the child, provided that, if any  2118
victim has designated a person pursuant to that section to act  2119
on the victim's behalf as a victim's representative, the  2120
notification required by this division shall be provided to that  2121
victim's representative.  2122
       Section 2. That existing sections 2152.16, 2152.17,  2123
2152.19, 2152.22, 2152.26, 5139.01, 5139.05, 5139.06, 5139.20,  2124
5139.35, and 5139.51 of the Revised Code are hereby repealed.  2125