Regards commitment of delinquent children to Youth Services

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, 2152.22, 2152.26, 5139.01,
5139.05
,
5139.06, 5139.20, 5139.35,

and
5139.51

of the Revised Code
to
modify provisions relating to commitment of delinquent children to
the department of youth services.

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

Section
1.
That
sections 2152.16, 2152.17, 2152.19, 2152.22, 2152.26, 5139.01,
5139.05
,

5139.06,
5139.20, 5139.35,
and

5139.51

of the Revised Code be
amended

to
read as follows:

Sec.
2152.16.
(A)(1)
If a child is adjudicated a delinquent child for committing an act
that would be a felony if committed by an adult

and if the act was committed by the delinquent child when the child
was fourteen years of age or older
,
the juvenile court may commit the child to the legal custody of the
department of youth services for secure confinement as follows:

(a)
For an act that would be aggravated murder or murder if committed by
an adult, until the offender attains twenty-one years of age;

(b)
For a violation of section 2923.02 of the Revised Code that involves
an attempt to commit an act that would be aggravated murder or murder
if committed by an adult, a minimum period of six to seven years as
prescribed by the court and a maximum period not to exceed the
child's attainment of twenty-one years of age;

(c)
For a violation of section 2903.03, 2905.01, 2909.02, or 2911.01 or
division (A) of section 2903.04 of the Revised Code or for a
violation of any provision of section 2907.02 of the Revised Code
other than division (A)(1)(b) of that section when the sexual conduct
or insertion involved was consensual and when the victim of the
violation of division (A)(1)(b) of that section was older than the
delinquent child, was the same age as the delinquent child, or was
less than three years younger than the delinquent child, for an
indefinite term consisting of a minimum period of one to three years,
as prescribed by the court, and a maximum period not to exceed the
child's attainment of twenty-one years of age;

(d)
If the child is adjudicated a delinquent child for committing an act
that is not described in division (A)(1)(b) or (c) of this section
and that would be a felony of the first or second degree if committed
by an adult, for an indefinite term consisting of a minimum period of
one year and a maximum period not to exceed the child's attainment of
twenty-one years of age
.
;

(e)
For committing an act that would be a felony of the third
,
fourth, or fifth

degree if committed by an adult

or for a violation of division (A) of section 2923.211 of the Revised
Code
,
for an indefinite term consisting of a minimum period of six months
and a maximum period not to exceed the child's attainment of
twenty-one years of age
;

(f)
Except as provided in division (A)(2) of this section, for committing
an act that would be a felony of the fourth or fifth degree if
committed by an adult or for a violation of division (A) of section
2923.211 of the Revised Code, for an indefinite term consisting of a
minimum period of six months and a maximum period not to exceed the
child's attainment of twenty-one years of age
.

(2)

A
delinquent child shall not be admitted to a department of youth
services facility or committed to the legal custody of the department
of youth services if the child is adjudicated a delinquent child for
committing an act that would be a felony of the fourth or fifth
degree if committed by an adult, unless the child is adjudicated a
delinquent child for an offense that would be a felony offense of
violence if committed by an adult, the child has previously been
adjudicated a delinquent child for committing an act that would be a
felony if committed by an adult, or the child is also adjudicated a
delinquent child for committing an act that would be a felony of the
first, second, or third degree.

(3)

In
each case in which a court makes a disposition under this section,
the court retains control over the commitment for the minimum period
specified by the court in divisions (A)(1)(a) to
(e)
(f)

of this section. During the minimum period, the department of youth
services shall not move the child to a nonsecure setting without the
permission of the court that imposed the disposition.

(B)(1)
Subject to division (B)(2) of this section, if a delinquent child is
committed to the department of youth services under this section, the
department may release the child at any time after the minimum period
specified by the court in division (A)(1) of this section ends.

(2)
A commitment under this section is subject to a supervised release or
to a discharge of the child from the custody of the department for
medical reasons pursuant to section 5139.54 of the Revised Code, but,
during the minimum period specified by the court in division (A)(1)
of this section, the department shall obtain court approval of a
supervised release or discharge under that section.

(C)
If a child is adjudicated a delinquent child, at the dispositional
hearing and prior to making any disposition pursuant to this section,
the court shall determine whether the delinquent child previously has
been adjudicated a delinquent child for a violation of a law or
ordinance. If the delinquent child previously has been adjudicated a
delinquent child for a violation of a law or ordinance, the court,
for purposes of entering an order of disposition of the delinquent
child under this section, shall consider the previous delinquent
child adjudication as a conviction of a violation of the law or
ordinance in determining the degree of the offense the current act
would be had it been committed by an adult. This division also shall
apply in relation to the imposition of any financial sanction under
section 2152.19 of the Revised Code.

Sec.
2152.17.
(A)

Subject
to division (D) of this section, if
If

a
child is adjudicated a delinquent child for committing an act, other
than a violation of section 2923.12 of the Revised Code, that would
be a felony if committed by an adult
,
if the act was committed by the delinquent child when the child was
fourteen years of age or older,

and if the court determines that, if the child was an adult, the
child would be guilty of a specification of the type set forth in
section 2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, 2941.1414,
or 2941.1415 of the Revised Code, in addition to any commitment or
other disposition the court imposes for the underlying delinquent
act, all of the following apply:

(1)
If the court determines that the child would be guilty of a
specification of the type set forth in section 2941.141
,

2941.144,
2941.145, 2941.146, or 2941.1412
of
the Revised Code, the court may commit the child to the department of
youth services for
the
specification for
a
definite period

of up to one year
.

(2)
If
the
court determines that the child would be guilty of a specification of
the type set forth in section 2941.145 of the Revised Code or if
the
delinquent act is a violation of division (A)(1) or (2) of section
2903.06 of the Revised Code and the court determines that the child
would be guilty of a specification of the type set forth in section
2941.1415 of the Revised Code, the court shall commit the child to
the department of youth services for the specification for a definite
period of not less than one and not more than three years, and the
court also shall commit the child to the department for the
underlying delinquent act under sections 2152.11 to 2152.16 of the
Revised Code.

(3)
If
the
court determines that the child would be guilty of a specification of
the type set forth in section 2941.144, 2941.146, or 2941.1412 of the
Revised Code or if
the
delinquent act is a violation of division (A)(1) or (2) of section
2903.06 of the Revised Code and the court determines that the child
would be guilty of a specification of the type set forth in section
2941.1414 of the Revised Code, the court shall commit the child to
the department of youth services for the specification for a definite
period of not less than one and not more than five years, and the
court also shall commit the child to the department for the
underlying delinquent act under sections 2152.11 to 2152.16 of the
Revised Code.

(B)(1)
If a child is adjudicated a delinquent child for committing an act,
other than a violation of section 2923.12 of the Revised Code, that
would be a felony if committed by an adult,
if
the act was committed by the delinquent child when the child was
fourteen years of age or older,
if
the court determines that the child is complicit in another person's
conduct that is of such a nature that the other person would be
guilty of a specification of the type set forth in section 2941.141,
2941.144, 2941.145, or 2941.146 of the Revised Code if the other
person was an adult, if the other person's conduct relates to the
child's underlying delinquent act, and if the child did not furnish,
use, or dispose of any firearm that was involved with the underlying
delinquent act or with the other person's specification-related
conduct, in addition to any other disposition the court imposes for
the underlying delinquent act, the court may commit the child to the
department of youth services for the specification for a definite
period

of not more than one year, subject to division (D)(2) of this
section
.

(2)
Except as provided in division (B)(1) of this section, division (A)
of this section also applies to a child who is an accomplice
regarding a specification of the type set forth in section 2941.1412,
2941.1414, or 2941.1415 of the Revised Code to the same extent the
specifications would apply to an adult accomplice in a criminal
proceeding.

(C)
If a child is adjudicated a delinquent child for committing an act
that would be aggravated murder, murder, or a first, second, or third
degree felony offense of violence if committed by an adult and if the
court determines that, if the child was an adult, the child would be
guilty of a specification of the type set forth in section 2941.142
of the Revised Code in relation to the act for which the child was
adjudicated a delinquent child, the court shall commit the child for
the specification to the legal custody of the department of youth
services for institutionalization in a secure facility for a definite
period of not less than one and not more than three years, subject to
division (D)(2) of this section, and the court also shall commit the
child to the department for the underlying delinquent act.

(D)(1)
If the child is adjudicated a delinquent child for committing an act
that would be an offense of violence that is a felony if committed by
an adult and is committed to the legal custody of the department of
youth services pursuant to division (A)(1) of section 2152.16 of the
Revised Code and if the court determines that the child, if the child
was an adult, would be guilty of a specification of the type set
forth in section 2941.1411 of the Revised Code in relation to the act
for which the child was adjudicated a delinquent child, the court may
commit the child to the custody of the department of youth services
for institutionalization in a secure facility for up to two years,
subject to division (D)(2) of this section.

(2)
A court that imposes a period of commitment under division (A) of
this section is not precluded from imposing an additional period of
commitment under division (C) or (D)(1) of this section, a court that
imposes a period of commitment under division (C) of this section is
not precluded from imposing an additional period of commitment under
division (A) or (D)(1) of this section, and a court that imposes a
period of commitment under division (D)(1) of this section is not
precluded from imposing an additional period of commitment under
division (A) or (C) of this section.

(E)
(E)(1)

The court shall not commit a child to the legal custody of the
department of youth services for a specification pursuant to this
section for a period that exceeds five years for any one delinquent
act. Any commitment imposed pursuant to division (A)
(2)
or (3)
,
(B), (C), or (D)(1) of this section shall be in addition to, and
shall be served consecutively with and prior to, a period of
commitment ordered under this chapter for the underlying delinquent
act, and each commitment imposed pursuant to division (A)
(2)
or (3)
,
(B), (C), or (D)(1) of this section shall be in addition to, and
shall be served consecutively with, any other period of commitment
imposed under those divisions. If a commitment is imposed under
division (A)
(2)
or (3)

or

division

(B) of this section and a commitment also is imposed under division
(C) of this section, the period imposed under division (A)
(2)
or (3)

or (B) of this section shall be served prior to the period imposed
under division (C) of this section.

(2)

In
each case in which a court makes a disposition under this section,
the court retains control over the commitment for the entire period
of the commitment.

(3)

The
total of all the periods of commitment imposed for any specification
under this section and for the underlying offense shall not exceed
the child's attainment of twenty-one years of age.

(F)
If a child is adjudicated a delinquent child for committing two or
more acts that would be felonies if committed by an adult and if the
court entering the delinquent child adjudication orders the
commitment of the child for two or more of those acts to the legal
custody of the department of youth services for institutionalization
in a secure facility pursuant to section 2152.13 or 2152.16 of the
Revised Code, the court may order that all of the periods of
commitment imposed under those sections for those acts be served
consecutively in the legal custody of the department of youth
services, provided that those periods of commitment shall be in
addition to and commence immediately following the expiration of a
period of commitment that the court imposes pursuant to division
(A)
(2)
or (3)
,
(B), (C), or (D)(1) of this section. A court shall not commit a
delinquent child to the legal custody of the department of youth
services under this division for a period that exceeds the child's
attainment of twenty-one years of age.

Sec.
2152.19.
(A)

If

Except
as provided in section 2152.16 of the Revised Code, if
a
child is adjudicated a delinquent child, the court may make any of
the following orders of disposition, in addition to any other
disposition authorized or required by this chapter:

(1)
Any order that is authorized by section 2151.353 of the Revised Code
for the care and protection of an abused, neglected, or dependent
child;

(2)
Commit the child to the temporary custody of any school, camp,
institution, or other facility operated for the care of delinquent
children by the county, by a district organized under section 2152.41
or 2151.65 of the Revised Code, or by a private agency or
organization, within or without the state, that is authorized and
qualified to provide the care, treatment, or placement required,
including, but not limited to, a school, camp, or facility operated
under section 2151.65 of the Revised Code;

(3)
Place the child in a detention facility or district detention
facility operated under section 2152.41 of the Revised Code, for up
to ninety days;

(4)
Place the child on community control under any sanctions, services,
and conditions that the court prescribes. As a condition of community
control in every case and in addition to any other condition that it
imposes upon the child, the court shall require the child to abide by
the law during the period of community control. As referred to in
this division, community control includes, but is not limited to, the
following sanctions and conditions:

(a)
A period of basic probation supervision in which the child is
required to maintain contact with a person appointed to supervise the
child in accordance with sanctions imposed by the court;

(b)
A period of intensive probation supervision in which the child is
required to maintain frequent contact with a person appointed by the
court to supervise the child while the child is seeking or
maintaining employment and participating in training, education, and
treatment programs as the order of disposition;

(c)
A period of day reporting in which the child is required each day to
report to and leave a center or another approved reporting location
at specified times in order to participate in work, education or
training, treatment, and other approved programs at the center or
outside the center;

(d)
A period of community service of up to five hundred hours for an act
that would be a felony or a misdemeanor of the first degree if
committed by an adult, up to two hundred hours for an act that would
be a misdemeanor of the second, third, or fourth degree if committed
by an adult, or up to thirty hours for an act that would be a minor
misdemeanor if committed by an adult;

(e)
A requirement that the child obtain a high school diploma, a
certificate of high school equivalence, vocational training, or
employment;

(f)
A period of drug and alcohol use monitoring;

(g)
A requirement of alcohol or drug assessment or counseling, or a
period in an alcohol or drug treatment program with a level of
security for the child as determined necessary by the court;

(h)
A period in which the court orders the child to observe a curfew that
may involve daytime or evening hours;

(i)
A requirement that the child serve monitored time;

(j)
A period of house arrest without electronic monitoring or continuous
alcohol monitoring;

(k)
A period of electronic monitoring or continuous alcohol monitoring
without house arrest, or house arrest with electronic monitoring or
continuous alcohol monitoring or both electronic monitoring and
continuous alcohol monitoring, that does not exceed the maximum
sentence of imprisonment that could be imposed upon an adult who
commits the same act.

A
period of house arrest with electronic monitoring or continuous
alcohol monitoring or both electronic monitoring and continuous
alcohol monitoring, imposed under this division shall not extend
beyond the child's twenty-first birthday. If a court imposes a period
of house arrest with electronic monitoring or continuous alcohol
monitoring or both electronic monitoring and continuous alcohol
monitoring, upon a child under this division, it shall require the
child: to remain in the child's home or other specified premises for
the entire period of house arrest with electronic monitoring or
continuous alcohol monitoring or both except when the court permits
the child to leave those premises to go to school or to other
specified premises. Regarding electronic monitoring, the court also
shall require the child to be monitored by a central system that can
determine the child's location at designated times; to report
periodically to a person designated by the court; and to enter into a
written contract with the court agreeing to comply with all
requirements imposed by the court, agreeing to pay any fee imposed by
the court for the costs of the house arrest with electronic
monitoring, and agreeing to waive the right to receive credit for any
time served on house arrest with electronic monitoring toward the
period of any other dispositional order imposed upon the child if the
child violates any of the requirements of the dispositional order of
house arrest with electronic monitoring. The court also may impose
other reasonable requirements upon the child.

Unless
ordered by the court, a child shall not receive credit for any time
served on house arrest with electronic monitoring or continuous
alcohol monitoring or both toward any other dispositional order
imposed upon the child for the act for which was imposed the
dispositional order of house arrest with electronic monitoring or
continuous alcohol monitoring. As used in this division and division
(A)(4)(l) of this section, "continuous alcohol monitoring"
has the same meaning as in section 2929.01 of the Revised Code.

(l)
A suspension of the driver's license, probationary driver's license,
or temporary instruction permit issued to the child for a period of
time prescribed by the court, or a suspension of the registration of
all motor vehicles registered in the name of the child for a period
of time prescribed by the court. A child whose license or permit is
so suspended is ineligible for issuance of a license or permit during
the period of suspension. At the end of the period of suspension, the
child shall not be reissued a license or permit until the child has
paid any applicable reinstatement fee and complied with all
requirements governing license reinstatement.

(5)
Commit the child to the custody of the court;

(6)
Require the child to not be absent without legitimate excuse from the
public school the child is supposed to attend for thirty or more
consecutive hours, forty-two or more hours in one school month, or
seventy-two or more hours in a school year;

(7)(a)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant, do either or both of the following:

(i)
Require the child to participate in a truancy prevention mediation
program;

(ii)
Make any order of disposition as authorized by this section, except
that the court shall not commit the child to a facility described in
division (A)(2) or (3) of this section unless the court determines
that the child violated a lawful court order made pursuant to
division (C)(1)(e) of section 2151.354 of the Revised Code or
division (A)(6) of this section.

(b)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, do either or both of the following:

(i)
Require the parent, guardian, or other person having care of the
child to participate in a truancy prevention mediation program;

(ii)
Require the parent, guardian, or other person having care of the
child to participate in any community service program, preferably a
community service program that requires the involvement of the
parent, guardian, or other person having care of the child in the
school attended by the child.

(8)
Make any further disposition that the court finds proper, except that
the child shall not be placed in a state correctional institution, a
county, multicounty, or municipal jail or workhouse, or another place
in which an adult convicted of a crime, under arrest, or charged with
a crime is held.

(B)
If a child is adjudicated a delinquent child, in addition to any
order of disposition made under division (A) of this section, the
court, in the following situations and for the specified periods of
time, shall suspend the child's temporary instruction permit,
restricted license, probationary driver's license, or nonresident
operating privilege, or suspend the child's ability to obtain such a
permit:

(1)
If the child is adjudicated a delinquent child for violating section
2923.122 of the Revised Code, impose a class four suspension of the
child's license, permit, or privilege from the range specified in
division (A)(4) of section 4510.02 of the Revised Code or deny the
child the issuance of a license or permit in accordance with division
(F)(1) of section 2923.122 of the Revised Code.

(2)
If the child is adjudicated a delinquent child for committing an act
that if committed by an adult would be a drug abuse offense or for
violating division (B) of section 2917.11 of the Revised Code,
suspend the child's license, permit, or privilege for a period of
time prescribed by the court. The court, in its discretion, may
terminate the suspension if the child attends and satisfactorily
completes a drug abuse or alcohol abuse education, intervention, or
treatment program specified by the court. During the time the child
is attending a program described in this division, the court shall
retain the child's temporary instruction permit, probationary
driver's license, or driver's license, and the court shall return the
permit or license if it terminates the suspension as described in
this division.

(C)
The court may establish a victim-offender mediation program in which
victims and their offenders meet to discuss the offense and suggest
possible restitution. If the court obtains the assent of the victim
of the delinquent act committed by the child, the court may require
the child to participate in the program.

(D)(1)
If a child is adjudicated a delinquent child for committing an act
that would be a felony if committed by an adult and if the child
caused, attempted to cause, threatened to cause, or created a risk of
physical harm to the victim of the act, the court, prior to issuing
an order of disposition under this section, shall order the
preparation of a victim impact statement by the probation department
of the county in which the victim of the act resides, by the court's
own probation department, or by a victim assistance program that is
operated by the state, a county, a municipal corporation, or another
governmental entity. The court shall consider the victim impact
statement in determining the order of disposition to issue for the
child.

(2)
Each victim impact statement shall identify the victim of the act for
which the child was adjudicated a delinquent child, itemize any
economic loss suffered by the victim as a result of the act, identify
any physical injury suffered by the victim as a result of the act and
the seriousness and permanence of the injury, identify any change in
the victim's personal welfare or familial relationships as a result
of the act and any psychological impact experienced by the victim or
the victim's family as a result of the act, and contain any other
information related to the impact of the act upon the victim that the
court requires.

(3)
A victim impact statement shall be kept confidential and is not a
public record. However, the court may furnish copies of the statement
to the department of youth services if the delinquent child is
committed to the department or to both the adjudicated delinquent
child or the adjudicated delinquent child's counsel and the
prosecuting attorney. The copy of a victim impact statement furnished
by the court to the department pursuant to this section shall be kept
confidential and is not a public record. If an officer is preparing
pursuant to section 2947.06 or 2951.03 of the Revised Code or
Criminal Rule 32.2 a presentence investigation report pertaining to a
person, the court shall make available to the officer, for use in
preparing the report, a copy of any victim impact statement regarding
that person. The copies of a victim impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the prosecuting attorney pursuant to
this division shall be returned to the court by the person to whom
they were made available immediately following the imposition of an
order of disposition for the child under this chapter.

The
copy of a victim impact statement that is made available pursuant to
this division to an officer preparing a criminal presentence
investigation report shall be returned to the court by the officer
immediately following its use in preparing the report.

(4)
The department of youth services shall work with local probation
departments and victim assistance programs to develop a standard
victim impact statement.

(E)(1)
If a child is adjudicated a delinquent child for violating a court
order regarding the child's prior adjudication as an unruly child for
being a habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, in addition to any order of disposition
it makes under this section, the court shall warn the parent,
guardian, or other person having care of the child that any
subsequent adjudication with regard to truancy may result in a
criminal charge against the parent, guardian, or other person having
care of the child for a violation of division (C) of section 2919.21
or section 2919.24 of the Revised Code.

(2)
Not later than ten days after a child is adjudicated a delinquent
child for violating a court order regarding the child's prior
adjudication as an unruly child for being an habitual truant, the
court shall provide notice of that fact to the school district in
which the child is entitled to attend school and to the school in
which the child was enrolled at the time of the filing of the
complaint.

(F)(1)
During the period of a delinquent child's community control granted
under this section, authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may
search, with or without a warrant, the person of the delinquent
child, the place of residence of the delinquent child, and a motor
vehicle, another item of tangible or intangible personal property, or
other real property in which the delinquent child has a right, title,
or interest or for which the delinquent child has the express or
implied permission of a person with a right, title, or interest to
use, occupy, or possess if the probation officers have reasonable
grounds to believe that the delinquent child is not abiding by the
law or otherwise is not complying with the conditions of the
delinquent child's community control. The court that places a
delinquent child on community control under this section shall
provide the delinquent child with a written notice that informs the
delinquent child that authorized probation officers who are engaged
within the scope of their supervisory duties or responsibilities may
conduct those types of searches during the period of community
control if they have reasonable grounds to believe that the
delinquent child is not abiding by the law or otherwise is not
complying with the conditions of the delinquent child's community
control. The court also shall provide the written notice described in
division (E)(2) of this section to each parent, guardian, or
custodian of the delinquent child who is described in that division.

(2)
The court that places a child on community control under this section
shall provide the child's parent, guardian, or other custodian with a
written notice that informs them that authorized probation officers
may conduct searches pursuant to division (E)(1) of this section. The
notice shall specifically state that a permissible search might
extend to a motor vehicle, another item of tangible or intangible
personal property, or a place of residence or other real property in
which a notified parent, guardian, or custodian has a right, title,
or interest and that the parent, guardian, or custodian expressly or
impliedly permits the child to use, occupy, or possess.

(G)
If a juvenile court commits a delinquent child to the custody of any
person, organization, or entity pursuant to this section and if the
delinquent act for which the child is so committed is a sexually
oriented offense or is a child-victim oriented offense, the court in
the order of disposition shall do one of the following:

(1)
Require that the child be provided treatment as described in division
(A)(2) of section 5139.13 of the Revised Code;

(2)
Inform the person, organization, or entity that it is the preferred
course of action in this state that the child be provided treatment
as described in division (A)(2) of section 5139.13 of the Revised
Code and encourage the person, organization, or entity to provide
that treatment.

Sec.
2152.22.
(A)
When a child is committed to the legal custody of the department of
youth services under this chapter, the juvenile court relinquishes
control with respect to the child so committed, except as provided in
divisions (B), (C), (D), and (H) of this section or in sections
2152.82 to 2152.86 of the Revised Code. Subject to divisions (B),
(C), and (D) of this section, sections 2151.353 and 2151.412 to
2151.421 of the Revised Code, sections 2152.82 to 2152.86 of the
Revised Code, and any other provision of law that specifies a
different duration for a dispositional order, all other dispositional
orders made by the court under this chapter shall be temporary and
shall continue for a period that is designated by the court in its
order, until terminated or modified by the court or until the child
attains twenty-one years of age.

The
department shall not release the child from a department facility and
as a result shall not discharge the child or order the child's
release on supervised release prior to the expiration of the minimum
period specified by the court in division (A)(1) of section 2152.16
of the Revised Code and any term of commitment imposed under
division
(A)(2) or (3), (B), (C), or (D)(1) of
section
2152.17 of the Revised Code or prior to the child's attainment of
twenty-one years of age, except upon the order of a court pursuant to
division (B), (C), or (D) of this section or in accordance with
section 5139.54 of the Revised Code.

(B)(1)
Unless the court grants judicial release under division (D)(1)(b) of
this section, the court that commits a delinquent child to the
department of youth services may grant judicial release of the child
to court supervision under this division during the first half of the
prescribed minimum term for which the child was committed to the
department or, if the child was committed to the department until the
child attains twenty-one years of age, during the first half of the
prescribed period of commitment that begins on the first day of
commitment and ends on the child's twenty-first birthday, provided
any commitment imposed under division (A)
(2)
or (3)
,
(B), (C), or (D)
(1)

of section 2152.17 of the Revised Code has ended.

(2)
If the department desires to release a child during a period
specified in division (B)(1) of this section, it shall request the
court that committed the child to grant a judicial release of the
child to court supervision under this division. During whichever of
those periods is applicable, the child or the parents of the child
also may request that court to grant a judicial release of the child
to court supervision. Upon receipt of a request for a judicial
release to court supervision under this division from the department,
the child, or the child's parent, or upon its own motion, the court
that committed the child shall do one of the following: approve the
release by journal entry; schedule within thirty days after the
request is received a time for a hearing on whether the child is to
be released; or reject the request by journal entry without
conducting a hearing.

If
the court rejects an initial request for a release under this
division by the child or the child's parent, the child or the child's
parent may make one additional request for a judicial release to
court supervision within the applicable period. The additional
request may be made no earlier than thirty days after the filing of
the prior request for a judicial release to court supervision. Upon
the filing of a second request for a judicial release to court
supervision, the court shall either approve or disapprove the release
by journal entry or schedule within thirty days after the request is
received a time for a hearing on whether the child is to be released.

(3)
If a court schedules a hearing under division (B)(2) of this section,
it may order the department to deliver the child to the court on the
date set for the hearing and may order the department to present to
the court a report on the child's progress in the institution to
which the child was committed and recommendations for conditions of
supervision of the child by the court after release. The court may
conduct the hearing without the child being present. The court shall
determine at the hearing whether the child should be granted a
judicial release to court supervision.

If
the court approves the release under this division, it shall order
its staff to prepare a written treatment and rehabilitation plan for
the child that may include any conditions of the child's release that
were recommended by the department and approved by the court. The
committing court shall send the juvenile court of the county in which
the child is placed a copy of the recommended plan. The court of the
county in which the child is placed may adopt the recommended
conditions set by the committing court as an order of the court and
may add any additional consistent conditions it considers
appropriate. If a child is granted a judicial release to court
supervision, the release discharges the child from the custody of the
department of youth services.

(C)(1)
Unless the court grants judicial release under division (D)(1)(b) of
this section, the court that commits a delinquent child to the
department of youth services may grant judicial release of the child
to department of youth services supervision under this division
during the second half of the prescribed minimum term for which the
child was committed to the department or, if the child was committed
to the department until the child attains twenty-one years of age,
during the second half of the prescribed period of commitment that
begins on the first day of commitment and ends on the child's
twenty-first birthday, provided any commitment imposed under division
(A)
(2)
or (3)
,
(B), (C), or (D)
(1)

of section 2152.17 of the Revised Code has ended.

(2)
If the department desires to release a child during a period
specified in division (C)(1) of this section, it shall request the
court that committed the child to grant a judicial release to
department of youth services supervision. During whichever of those
periods is applicable, the child or the child's parent also may
request the court that committed the child to grant a judicial
release to department of youth services supervision. Upon receipt of
a request for judicial release to department of youth services
supervision, the child, or the child's parent, or upon its own motion
at any time during that period, the court shall do one of the
following: approve the release by journal entry; schedule a time
within thirty days after receipt of the request for a hearing on
whether the child is to be released; or reject the request by journal
entry without conducting a hearing.

If
the court rejects an initial request for release under this division
by the child or the child's parent, the child or the child's parent
may make one or more subsequent requests for a release within the
applicable period, but may make no more than one request during each
period of ninety days that the child is in a secure department
facility after the filing of a prior request for early release. Upon
the filing of a request for release under this division subsequent to
an initial request, the court shall either approve or disapprove the
release by journal entry or schedule a time within thirty days after
receipt of the request for a hearing on whether the child is to be
released.

(3)
If a court schedules a hearing under division (C)(2) of this section,
it may order the department to deliver the child to the court on the
date set for the hearing and shall order the department to present to
the court at that time a treatment plan for the child's
post-institutional care. The court may conduct the hearing without
the child being present. The court shall determine at the hearing
whether the child should be granted a judicial release to department
of youth services supervision.

If
the court approves the judicial release to department of youth
services supervision, the department shall prepare a written
treatment and rehabilitation plan for the child pursuant to division
(F) of this section that shall include the conditions of the child's
release. It shall send the committing court and the juvenile court of
the county in which the child is placed a copy of the plan. The court
of the county in which the child is placed may adopt the conditions
set by the department as an order of the court and may add any
additional consistent conditions it considers appropriate, provided
that the court may not add any condition that decreases the level or
degree of supervision specified by the department in its plan, that
substantially increases the financial burden of supervision that will
be experienced by the department, or that alters the placement
specified by the department in its plan. If the court of the county
in which the child is placed adds to the department's plan any
additional conditions, it shall enter those additional conditions in
its journal and shall send to the department a copy of the journal
entry of the additional conditions.

If
the court approves the judicial release to department of youth
services supervision, the actual date on which the department shall
release the child is contingent upon the department finding a
suitable placement for the child. If the child is to be returned to
the child's home, the department shall return the child on the date
that the court schedules for the child's release or shall bear the
expense of any additional time that the child remains in a department
facility. If the child is unable to return to the child's home, the
department shall exercise reasonable diligence in finding a suitable
placement for the child, and the child shall remain in a department
facility while the department finds the suitable placement.

(D)(1)
Subject to division (D)(3) of this section, the court that commits a
delinquent child to the department of youth services may grant
judicial release of the child under this division at any time after
the expiration of one of the following periods of time:

(a)
Except as otherwise provided in division (D)(1)(b) of this section,
if the child was committed to the department for a prescribed minimum
period and a maximum period not to exceed the child's attainment of
twenty-one years, the court may grant judicial release of the child
at any time after the expiration of the prescribed minimum term for
which the child was committed to the department.

(b)
If the child was committed to the department for both one or more
definite periods under division (A)
(2)
or (3)
,
(B), (C), or (D)
(1)

of section 2152.17 of the Revised Code and a period of the type
described in division (D)(1)(a) of this section, all of the
prescribed minimum periods of commitment imposed under division
(A)
(2)
or (3)
,
(B), (C), or (D)
(1)

of section 2152.17 of the Revised Code and the prescribed period of
commitment of the type described in division (D)(1)(a) of this
section shall be aggregated for purposes of this division, and the
court may grant judicial release of the child at any time after the
expiration of one year after the child begins serving the aggregate
period of commitment.

(2)
If a court grants a judicial release of a child under division (D)(1)
of this section, the release shall be a judicial release to
department of youth services supervision, if the release is granted
during a period described in division (C)(1) of this section, and the
second and third paragraphs of division (C)(3) of this section apply
regarding the release. In all other cases, the release shall be a
judicial release to court supervision, and the second paragraph of
division (B)(3) of this section applies regarding the release.

(3)
A court at the time of making the disposition of a child shall
provide notice in the order of disposition that the judge is
retaining jurisdiction over the child for the purpose of a possible
grant of judicial release of the child under division (D)(1) of this
section. The failure of a court to provide this notice does not
affect the authority of the court to grant a judicial release under
that division and does not constitute grounds for setting aside the
child's delinquent child adjudication or disposition or for granting
any post-adjudication relief to the child.

(4)
The department of youth services, a child committed to the
department, or the parents of the child, during a period specified in
division (D)(1) of this section, may request the court that committed
the child to grant a judicial release of the child under that
division. Upon receipt of a request for judicial release of a child
under this division from the department, the child, or the child's
parent, or upon its own motion, the court that committed the child
shall do one of the following:

(a)
Approve the request by journal entry;

(b)
Schedule within thirty days after the request is received a time for
a hearing on whether the child is to be released;

(c)
Reject the request by journal entry without conducting a hearing.

If
the court rejects an initial request for a release under this
division by the child or the child's parent, division (C)(2) of this
section applies regarding the making of additional requests.

If
the court schedules a hearing under this division to consider the
judicial release, the first paragraph of division (B)(3) of this
section applies regarding the hearing.

(E)
If a child is released under division (B), (C), or (D) of this
section and the court of the county in which the child is placed has
reason to believe that the child's deportment is not in accordance
with the conditions of the child's judicial release, the court of the
county in which the child is placed shall schedule a time for a
hearing to determine whether the child violated any of the
post-release conditions, and, if the child was released under
division (C) of this section or under division (D) of this section
under department supervision, divisions (A) to (E) of section 5139.52
of the Revised Code apply regarding the child.

If
that court determines at the hearing that the child violated any of
the post-release conditions, the court, if it determines that the
violation was a serious violation, may order the child to be returned
to the department for institutionalization, consistent with the
original order of commitment of the child, or in any case may make
any other disposition of the child authorized by law that the court
considers proper. If the court of the county in which the child is
placed orders the child to be returned to a department of youth
services institution, the time during which the child was held in a
secure department facility prior to the child's judicial release
shall be considered as time served in fulfilling the prescribed
period of institutionalization that is applicable to the child under
the child's original order of commitment. If the court orders the
child returned to a department institution, the child shall remain in
institutional care for a minimum of three months or until the child
successfully completes a revocation program of a duration of not less
than thirty days operated either by the department or by an entity
with which the department has contracted to provide a revocation
program.

(F)
The department of youth services, prior to the release of a child
pursuant to division (C) of this section or pursuant to division (D)
of this section on department supervision, shall do all of the
following:

(1)
After reviewing the child's rehabilitative progress history and
medical and educational records, prepare a written treatment and
rehabilitation plan for the child that includes conditions of the
release;

(2)
Completely discuss the conditions of the plan prepared pursuant to
division (F)(1) of this section and the possible penalties for
violation of the plan with the child and the child's parents,
guardian, or legal custodian;

(3)
Have the plan prepared pursuant to division (F)(1) of this section
signed by the child, the child's parents, legal guardian, or
custodian, and any authority or person that is to supervise, control,
and provide supportive assistance to the child at the time of the
child's release pursuant to division (C) or (D) of this section;

(4)
Prior to the child's release, file a copy of the treatment plan
prepared pursuant to division (F)(1) of this section with the
committing court and the juvenile court of the county in which the
child is to be placed.

(G)
The department of youth services shall file a written progress report
with the committing court regarding each child released pursuant to
division (C) of this section or released pursuant to division (D) of
this section on judicial release to department supervision at least
once every thirty days unless specifically directed otherwise by the
court. The report shall indicate the treatment and rehabilitative
progress of the child and the child's family, if applicable, and
shall include any suggestions for altering the program, custody,
living arrangements, or treatment. The department shall retain legal
custody of a child so released until it discharges the child or until
the custody is terminated as otherwise provided by law.

(H)
When a child is committed to the legal custody of the department of
youth services, the court retains jurisdiction to perform the
functions specified in section 5139.51 of the Revised Code with
respect to the granting of supervised release by the release
authority and to perform the functions specified in section 5139.52
of the Revised Code with respect to violations of the conditions of
supervised release granted by the release authority and to the
revocation of supervised release granted by the release authority.

Sec.
2152.26.
(A)
Except as provided in divisions (B) and (F) of this section

and subject to section 2152.16 of the Revised Code
,
a child alleged to be or adjudicated a delinquent child or a juvenile
traffic offender may be held only in the following places:

(1)
A certified foster home or a home approved by the court;

(2)
A facility operated by a certified child welfare agency;

(3)
Any other suitable place designated by the court.

(B)
In addition to the places listed in division (A) of this section, a
child alleged to be or adjudicated a delinquent child or a person
described in division (C)(7) of section 2152.02 of the Revised Code
may be held in a detention facility for delinquent children that is
under the direction or supervision of the court or other public
authority or of a private agency and approved by the court, and a
child adjudicated a delinquent child may be held in accordance with
division (F)(2) of this section in a facility of a type specified in
that division.

(C)(1)
Except as provided under division (C)(1) of section 2151.311 of the
Revised Code or division (A)(5) of section 2152.21 of the Revised
Code, a child alleged to be or adjudicated a juvenile traffic
offender may not be held in any of the following facilities:

(a)
A state correctional institution, county, multicounty, or municipal
jail or workhouse, or other place in which an adult convicted of
crime, under arrest, or charged with a crime is held.

(b)
A secure correctional facility.

(2)
Except as provided under this section, sections 2151.56 to 2151.59,
and divisions (A)(5) and (6) of section 2152.21 of the Revised Code,
a child alleged to be or adjudicated a juvenile traffic offender may
not be held for more than twenty-four hours in a detention facility.

(D)
Except as provided in division (F) of this section or in division (C)
of section 2151.311, in division (C)(2) of section 5139.06 and
section 5120.162, or in division (B) of section 5120.16 of the
Revised Code, a child who is alleged to be or is adjudicated a
delinquent child or a person described in division (C)(7) of section
2152.02 of the Revised Code may not be held in a state correctional
institution, county, multicounty, or municipal jail or workhouse, or
other place where an adult convicted of crime, under arrest, or
charged with crime is held.

(E)
Unless the detention is pursuant to division (F) of this section or
division (C) of section 2151.311, division (C)(2) of section 5139.06
and section 5120.162, or division (B) of section 5120.16 of the
Revised Code, the official in charge of the institution, jail,
workhouse, or other facility shall inform the court immediately when
a person who is or appears to be under the age of eighteen years, or
a person who is charged with a violation of an order of a juvenile
court or a violation of probation or parole conditions imposed by a
juvenile court and who is or appears to be between the ages of
eighteen and twenty-one years, is received at the facility and shall
deliver the person to the court upon request or transfer the person
to a detention facility designated by the court.

(F)(1)
If a case is transferred to another court for criminal prosecution
pursuant to section 2152.12 of the Revised Code and the alleged
offender is a person described in division (C)(7) of section 2152.02
of the Revised Code, the person may not be transferred for detention
pending the criminal prosecution in a jail or other facility except
under the circumstances described in division (F)(4) of this section.
Any child held in accordance with division (F)(3) of this section
shall be confined in a manner that keeps the child beyond the sight
and sound of all adult detainees. The child shall be supervised at
all times during the detention.

(2)
If a person is adjudicated a delinquent child or juvenile traffic
offender or is a person described in division (C)(7) of section
2152.02 of the Revised Code and the court makes a disposition of the
person under this chapter, at any time after the person attains
twenty-one years of age, the person may be held under that
disposition or under the circumstances described in division (F)(4)
of this section in places other than those specified in division (A)
of this section, including, but not limited to, a county,
multicounty, or municipal jail or workhouse, or other place where an
adult convicted of crime, under arrest, or charged with crime is
held.

(3)(a)
A person alleged to be a delinquent child may be held in places other
than those specified in division (A) of this section, including, but
not limited to, a county, multicounty, or municipal jail, if the
delinquent act that the child allegedly committed would be a felony
if committed by an adult, and if either of the following applies:

(i)
The person attains twenty-one years of age before the person is
arrested or apprehended for that act.

(ii)
The person is arrested or apprehended for that act before the person
attains twenty-one years of age, but the person attains twenty-one
years of age before the court orders a disposition in the case.

(b)
If, pursuant to division (F)(3)(a) of this section, a person is held
in a place other than a place specified in division (A) of this
section, the person has the same rights to bail as an adult charged
with the same offense who is confined in a jail pending trial.

(4)(a)
Any person whose case is transferred for criminal prosecution
pursuant to section 2152.10 or 2152.12 of the Revised Code or any
person who has attained the age of eighteen years but has not
attained the age of twenty-one years and who is being held in a place
specified in division (B) of this section may be held under that
disposition or charge in places other than those specified in
division (B) of this section, including a county, multicounty, or
municipal jail or workhouse, or other place where an adult under
arrest or charged with crime is held if the juvenile court, upon its
own motion or upon motion by the prosecutor and after notice and
hearing, establishes by a preponderance of the evidence and makes
written findings of either of the following:

(i)
With respect to a person whose case is transferred for criminal
prosecution pursuant to either specified section or who has attained
the age of eighteen years but who has not attained the age of
twenty-one years and is being so held, that the youth is a threat to
the safety and security of the facility;

(ii)
With respect to a person who has attained the age of eighteen years
but who has not attained the age of twenty-one years and is being so
held, that the best interests of the youth require that the youth be
held in a place other than a place specified in division (B) of this
section, including a county, multicounty, or municipal jail or
workhouse, or other place where an adult under arrest or charged with
crime is held.

(b)
In determining for purposes of division (F)(4)(a)(i) of this section
whether a youth is a threat to the safety and security of the
facility, evidence that the youth is a threat to the safety and
security of the facility may include, but is not limited to, whether
the youth has done any of the following:

(i)
Injured or created an imminent danger to the life or health of
another youth or staff member in the facility or program by violent
behavior;

(ii)
Escaped from the facility or program in which the youth is being held
on more than one occasion;

(iii)
Established a pattern of disruptive behavior as verified by a written
record that the youth's behavior is not conducive to the established
policies and procedures of the facility or program in which the youth
is being held.

(c)
If a prosecutor submits a motion requesting that a person be held in
a place other than those specified in division (B) of this section or
if the court submits its own motion, the juvenile court shall hold a
hearing within five days of the filing of the motion, and, in
determining whether a place other than those specified in division
(B) of this section is the appropriate place of confinement for the
person, the court shall consider the following factors:

(i)
The age of the person;

(ii)
Whether the person would be deprived of contact with other people for
a significant portion of the day or would not have access to
recreational facilities or age-appropriate educational opportunities
in order to provide physical separation from adults;

(iii)
The person's current emotional state, intelligence, and developmental
maturity, including any emotional and psychological trauma, and the
risk to the person in an adult facility, which may be evidenced by
mental health or psychological assessments or screenings made
available to the prosecuting attorney and the defense counsel;

(iv)
Whether detention in a juvenile facility would adequately serve the
need for community protection pending the outcome of the criminal
proceeding;

(v)
The relative ability of the available adult and juvenile detention
facilities to meet the needs of the person, including the person's
need for age-appropriate mental health and educational services
delivered by individuals specifically trained to deal with youth;

(vi)
Whether the person presents an imminent risk of self-inflicted harm
or an imminent risk of harm to others within a juvenile facility;

(vii)
Any other factors the juvenile court considers to be relevant.

(d)
If the juvenile court determines that a place other than those
specified in division (B) of this section is the appropriate place
for confinement of a person pursuant to division (F)(4)(a) of this
section, the person may petition the juvenile court for a review
hearing thirty days after the initial confinement decision, thirty
days after any subsequent review hearing, or at any time after the
initial confinement decision upon an emergency petition by the youth
due to the youth facing an imminent danger from others or the youth's
self. Upon receipt of the petition, the juvenile court has discretion
over whether to conduct the review hearing and may set the matter for
a review hearing if the youth has alleged facts or circumstances
that, if true, would warrant reconsideration of the youth's placement
in a place other than those specified in division (B) of this section
based on the factors listed in division (F)(4)(c) of this section.

(e)
Upon the admission of a person described in division (F)(4)(a) of
this section to a place other than those specified in division (B) of
this section, the facility shall advise the person of the person's
right to request a review hearing as described in division (F)(4)(d)
of this section.

(f)
Any person transferred under division (F)(4)(a) of this section to a
place other than those specified in division (B) of this section
shall be confined in a manner that keeps those under eighteen years
of age beyond sight and sound of all adult detainees. Those under
eighteen years of age shall be supervised at all times during the
detention.

(G)(1)
If a person who is alleged to be or has been adjudicated a delinquent
child or who is in any other category of persons identified in this
section or section 2151.311 of the Revised Code is confined under
authority of any Revised Code section in a place other than a place
specified in division (B) of this section, including a county,
multicounty, or municipal jail or workhouse, or other place where an
adult under arrest or charged with crime is held, subject to division
(G)(2) of this section, all identifying information, other than the
person's county of residence, age, gender, and race and the charges
against the person, that relates to the person's admission to and
confinement in that place is not a public record open for inspection
or copying under section 149.43 of the Revised Code and is
confidential and shall not be released to any person other than to a
court, to a law enforcement agency for law enforcement purposes, or
to a person specified by court order.

(2)
Division (G)(1) of this section does not apply with respect to a
person whose case is transferred for criminal prosecution pursuant to
section 2152.10 or 2152.12 of the Revised Code, who is convicted of
or pleads guilty to an offense in that case, who is confined after
that conviction or guilty plea in a place other than a place
specified in division (B) of this section, and to whom one of the
following applies:

(a)
The case was transferred other than pursuant to division (A)(1)(a)(i)
or (A)(1)(b)(ii) of section 2152.12 of the Revised Code.

(b)
The case was transferred pursuant to division (A)(1)(a)(i) or
(A)(1)(b)(ii) of section 2152.12 of the Revised Code, and the person
is sentenced for the offense pursuant to division (B)(4) of section
2152.121 of the Revised Code.

(c)
The case was transferred pursuant to division (A)(1)(a)(i) or
(A)(1)(b)(ii) of section 2152.12 of the Revised Code, the person is
sentenced for the offense pursuant to division (B)(3) of section
2152.121 of the Revised Code by the court in which the person was
convicted of or pleaded guilty to the offense, and the sentence
imposed by that court is invoked pursuant to division (B)(3)(b) of
section 2152.121 of the Revised Code.

Sec.
5139.01.
(A)
As used in this chapter:

(1)
"Commitment" means the transfer of the physical custody of
a child or youth from the court to the department of youth services.

(2)
"Permanent commitment" means a commitment that vests legal
custody of a child in the department of youth services.

(3)
"Legal custody," insofar as it pertains to the status that
is created when a child is permanently committed to the department of
youth services, means a legal status in which the department has the
following rights and responsibilities: the right to have physical
possession of the child; the right and duty to train, protect, and
control the child; the responsibility to provide the child with food,
clothing, shelter, education, and medical care; and the right to
determine where and with whom the child shall live, subject to the
minimum periods of, or periods of, institutional care prescribed in
sections 2152.13 to 2152.18 of the Revised Code; provided, that these
rights and responsibilities are exercised subject to the powers,
rights, duties, and responsibilities of the guardian of the person of
the child, and subject to any residual parental rights and
responsibilities.

(4)
Unless the context requires a different meaning, "institution"
means a state facility that is created by the general assembly and
that is under the management and control of the department of youth
services or a private entity with which the department has contracted
for the institutional care and custody of felony delinquents.

(5)
"Full-time care" means care for twenty-four hours a day for
over a period of at least two consecutive weeks.

(6)
"Placement" means the conditional release of a child under
the terms and conditions that are specified by the department of
youth services. The department shall retain legal custody of a child
released pursuant to division (C) of section 2152.22 of the Revised
Code or division (C) of section 5139.06 of the Revised Code until the
time that it discharges the child or until the legal custody is
terminated as otherwise provided by law.

(7)
"Home placement" means the placement of a child in the home
of the child's parent or parents or in the home of the guardian of
the child's person.

(8)
"Discharge" means that the department of youth services'
legal custody of a child is terminated.

(9)
"Release" means the termination of a child's stay in an
institution and the subsequent period during which the child returns
to the community under the terms and conditions of supervised
release.

(10)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.

(11)
"Felony delinquent" means any child who is at least
ten

fourteen

years
of age but less than eighteen years of age and who is adjudicated a
delinquent child for having committed an act that if committed by an
adult would be a felony. "Felony delinquent" includes any
adult who is between the ages of eighteen and twenty-one and who is
in the legal custody of the department of youth services for having
committed an act that if committed by an adult would be a felony.

(12)
"Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.

(13)
"Public safety beds" means all of the following:

(a)
Felony delinquents who have been committed to the department of youth
services for the commission of an act, other than a violation of
section 2911.01 or 2911.11 of the Revised Code, that is a category
one offense or a category two offense and who are in the care and
custody of an institution or have been diverted from care and custody
in an institution and placed in a community corrections facility;

(b)
Felony delinquents who, while committed to the department of youth
services and in the care and custody of an institution or a community
corrections facility, are adjudicated delinquent children for having
committed in that institution or community corrections facility an
act that if committed by an adult would be a misdemeanor or a felony;

(c)
Children who satisfy all of the following:

(i)
They are at least
ten

fourteen

years
of age but less than eighteen years of age.

(ii)
They are adjudicated delinquent children for having committed acts
that if committed by an adult would be a felony.

(iii)
They are committed to the department of youth services by the
juvenile court of a county that has had one-tenth of one per cent or
less of the statewide adjudications for felony delinquents as
averaged for the past four fiscal years.

(iv)
They are in the care and custody of an institution or a community
corrections facility.

(d)
Felony delinquents who, while committed to the department of youth
services and in the care and custody of an institution are serving
disciplinary time for having committed an act described in division
(A)(18)(a), (b), or (c) of this section, and who have been
institutionalized or institutionalized in a secure facility for the
minimum period of time specified in divisions (A)(1)(b) to
(e)
(f)

of section 2152.16 of the Revised Code.

(e)
Felony delinquents who are subject to and serving a three-year period
of commitment order imposed by a juvenile court pursuant to divisions
(A) and (B) of section 2152.17 of the Revised Code for an act, other
than a violation of section 2911.11 of the Revised Code, that would
be a category one offense or category two offense if committed by an
adult.

(f)
Felony delinquents who are described in divisions (A)(13)(a) to (e)
of this section, who have been granted a judicial release to court
supervision under division (B) or (D) of section 2152.22 of the
Revised Code or a judicial release to the department of youth
services supervision under division (C) or (D) of that section from
the commitment to the department of youth services for the act
described in divisions (A)(13)(a) to (e) of this section, who have
violated the terms and conditions of that release, and who, pursuant
to an order of the court of the county in which the particular felony
delinquent was placed on release that is issued pursuant to division
(E) of section 2152.22 of the Revised Code, have been returned to the
department for institutionalization or institutionalization in a
secure facility.

(g)
Felony delinquents who have been committed to the custody of the
department of youth services, who have been granted supervised
release from the commitment pursuant to section 5139.51 of the
Revised Code, who have violated the terms and conditions of that
supervised release, and who, pursuant to an order of the court of the
county in which the particular child was placed on supervised release
issued pursuant to division (F) of section 5139.52 of the Revised
Code, have had the supervised release revoked and have been returned
to the department for institutionalization. A felony delinquent
described in this division shall be a public safety bed only for the
time during which the felony delinquent is institutionalized as a
result of the revocation subsequent to the initial ninety-day period
of institutionalization required by division (F) of section 5139.52
of the Revised Code.

(14)
Unless the context requires a different meaning, "community
corrections facility" means a county or multicounty
rehabilitation center for felony delinquents who have been committed
to the department of youth services and diverted from care and
custody in an institution and placed in the rehabilitation center
pursuant to division (E) of section 5139.36 of the Revised Code.

(15)
"Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are under the
exclusive control of its staff and to ensure that, because of that
exclusive control, no child who has been institutionalized in the
facility may leave the facility without permission or supervision.

(16)
"Community residential program" means a program that
satisfies both of the following:

(a)
It is housed in a building or other structure that has no associated
major restraining construction, including, but not limited to, a
security fence.

(b)
It provides twenty-four-hour care, supervision, and programs for
felony delinquents who are in residence.

(17)
"Category one offense" and "category two offense"
have the same meanings as in section 2152.02 of the Revised Code.

(18)
"Disciplinary time" means additional time that the
department of youth services requires a felony delinquent to serve in
an institution, that delays the felony delinquent's planned release,
and that the department imposes upon the felony delinquent following
the conduct of an internal due process hearing for having committed
any of the following acts while committed to the department and in
the care and custody of an institution:

(a)
An act that if committed by an adult would be a felony;

(b)
An act that if committed by an adult would be a misdemeanor;

(c)
An act that is not described in division (A)(18)(a) or (b) of this
section and that violates an institutional rule of conduct of the
department.

(19)
"Unruly child" has the same meaning as in section 2151.022
of the Revised Code.

(20)
"Revocation" means the act of revoking a child's supervised
release for a violation of a term or condition of the child's
supervised release in accordance with section 5139.52 of the Revised
Code.

(21)
"Release authority" means the release authority of the
department of youth services that is established by section 5139.50
of the Revised Code.

(22)
"Supervised release" means the event of the release of a
child under this chapter from an institution and the period after
that release during which the child is supervised and assisted by an
employee of the department of youth services under specific terms and
conditions for reintegration of the child into the community.

(23)
"Victim" means the person identified in a police report,
complaint, or information as the victim of an act that would have
been a criminal offense if committed by an adult and that provided
the basis for adjudication proceedings resulting in a child's
commitment to the legal custody of the department of youth services.

(24)
"Victim's representative" means a member of the victim's
family or another person whom the victim or another authorized person
designates in writing, pursuant to section 5139.56 of the Revised
Code, to represent the victim with respect to proceedings of the
release authority of the department of youth services and with
respect to other matters specified in that section.

(25)
"Member of the victim's family" means a spouse, child,
stepchild, sibling, parent, stepparent, grandparent, other relative,
or legal guardian of a child but does not include a person charged
with, convicted of, or adjudicated a delinquent child for committing
a criminal or delinquent act against the victim or another criminal
or delinquent act arising out of the same conduct, criminal or
delinquent episode, or plan as the criminal or delinquent act
committed against the victim.

(26)
"Judicial release to court supervision" means a release of
a child from institutional care or institutional care in a secure
facility that is granted by a court pursuant to division (B) of
section 2152.22 of the Revised Code during the period specified in
that division or that is granted by a court to court supervision
pursuant to division (D) of that section during the period specified
in that division.

(27)
"Judicial release to department of youth services supervision"
means a release of a child from institutional care or institutional
care in a secure facility that is granted by a court pursuant to
division (C) of section 2152.22 of the Revised Code during the period
specified in that division or that is granted to department
supervision by a court pursuant to division (D) of that section
during the period specified in that division.

(28)
"Juvenile justice system" includes all of the functions of
the juvenile courts, the department of youth services, any public or
private agency whose purposes include the prevention of delinquency
or the diversion, adjudication, detention, or rehabilitation of
delinquent children, and any of the functions of the criminal justice
system that are applicable to children.

(29)
"Metropolitan county criminal justice services agency"
means an agency that is established pursuant to division (A) of
section 5502.64 of the Revised Code.

(30)
"Administrative planning district" means a district that is
established pursuant to division (A) or (B) of section 5502.66 of the
Revised Code.

(31)
"Criminal justice coordinating council" means a criminal
justice services agency that is established pursuant to division (D)
of section 5502.66 of the Revised Code.

(32)
"Comprehensive plan" means a document that coordinates,
evaluates, and otherwise assists, on an annual or multi-year basis,
all of the functions of the juvenile justice systems of the state or
a specified area of the state, that conforms to the priorities of the
state with respect to juvenile justice systems, and that conforms
with the requirements of all federal criminal justice acts. These
functions include, but are not limited to, all of the following:

(a)
Delinquency;

(b)
Identification, detection, apprehension, and detention of persons
charged with delinquent acts;

(c)
Assistance to crime victims or witnesses, except that the
comprehensive plan does not include the functions of the attorney
general pursuant to sections 109.91 and 109.92 of the Revised Code;

(d)
Adjudication or diversion of persons charged with delinquent acts;

(e)
Custodial treatment of delinquent children;

(f)
Institutional and noninstitutional rehabilitation of delinquent
children.

(B)
There is hereby created the department of youth services. The
governor shall appoint the director of the department with the advice
and consent of the senate. The director shall hold office during the
term of the appointing governor but subject to removal at the
pleasure of the governor. Except as otherwise authorized in section
108.05 of the Revised Code, the director shall devote the director's
entire time to the duties of the director's office and shall hold no
other office or position of trust or profit during the director's
term of office.

The
director is the chief executive and administrative officer of the
department and has all the powers of a department head set forth in
Chapter 121. of the Revised Code. The director may adopt rules for
the government of the department, the conduct of its officers and
employees, the performance of its business, and the custody, use, and
preservation of the department's records, papers, books, documents,
and property. The director shall be an appointing authority within
the meaning of Chapter 124. of the Revised Code. Whenever this or any
other chapter or section of the Revised Code imposes a duty on or
requires an action of the department, the duty or action shall be
performed by the director or, upon the director's order, in the name
of the department.

Sec.
5139.05.
(A)

The

Except
as provided in section 2152.16 of the Revised Code, the
juvenile
court may commit
any

a

child
to the department of youth services as authorized in Chapter 2152. of
the Revised Code, provided that any child so committed shall be at
least
ten

fourteen

years
of age at the time of the child's delinquent act
,
and, if the child is ten or eleven years of age, the delinquent act
is a violation of section 2909.03 of the Revised Code or would be
aggravated murder, murder, or a first or second degree felony offense
of violence if committed by an adult
.
Any order to commit a child to an institution under the control and
management of the department shall have the effect of ordering that
the child be committed to the department and assigned to an
institution or placed in a community corrections facility in
accordance with division (E) of section 5139.36 of the Revised Code
as follows:

(1)
For an indefinite term consisting of the prescribed minimum period
specified by the court under division (A)(1) of section 2152.16 of
the Revised Code and a maximum period not to exceed the child's
attainment of twenty-one years of age, if the child was committed
pursuant to section 2152.16 of the Revised Code;

(2)
Until the child's attainment of twenty-one years of age, if the child
was committed for aggravated murder or murder pursuant to section
2152.16 of the Revised Code;

(3)
For a period of commitment that shall be in addition to, and shall be
served consecutively with and prior to, a period of commitment
described in division (A)(1) or (2) of this section, if the child was
committed pursuant to section 2152.17 of the Revised Code
;

(4)
If the child is ten or eleven years of age, to an institution, a
residential care facility, a residential facility, or a facility
licensed by the department of job and family services that the
department of youth services considers best designated for the
training and rehabilitation of the child and protection of the
public. The child shall be housed separately from children who are
twelve years of age or older until the child is released or
discharged or until the child attains twelve years of age, whichever
occurs first. Upon the child's attainment of twelve years of age, if
the child has not been released or discharged, the department is not
required to house the child separately
.

(B)(1)
Except as otherwise provided in section 5139.54 of the Revised Code,
the release authority of the department of youth services, in
accordance with section 5139.51 of the Revised Code and at any time
after the end of the minimum period specified under division (A)(1)
of section 2152.16 of the Revised Code, may grant the release from
custody of any child committed to the department.

The
order committing a child to the department of youth services shall
state that the child has been adjudicated a delinquent child and
state the minimum period. The jurisdiction of the court terminates at
the end of the minimum period except as follows:

(a)
In relation to judicial release procedures, supervision, and
violations;

(b)
With respect to functions of the court related to the revocation of
supervised release that are specified in sections 5139.51 and 5139.52
of the Revised Code;

(c)
In relation to its duties relating to serious youthful offender
dispositional sentences under sections 2152.13 and 2152.14 of the
Revised Code.

(2)
When a child has been committed to the department under section
2152.16 of the Revised Code, the department shall retain legal
custody of the child until one of the following:

(a)
The department discharges the child to the exclusive management,
control, and custody of the child's parent or the guardian of the
child's person or, if the child is eighteen years of age or older,
discharges the child.

(b)
The committing court, upon its own motion, upon petition of the
parent, guardian of the person, or next friend of a child, or upon
petition of the department, terminates the department's legal custody
of the child.

(c)
The committing court grants the child a judicial release to court
supervision under section 2152.22 of the Revised Code.

(d)
The department's legal custody of the child is terminated
automatically by the child attaining twenty-one years of age.

(e)
If the child is subject to a serious youthful offender dispositional
sentence, the adult portion of that dispositional sentence is imposed
under section 2152.14 of the Revised Code.

(C)
When a child is committed to the department of youth services, the
department may assign the child to a hospital for mental, physical,
and other examination, inquiry, or treatment for the period of time
that is necessary. The department may remove any child in its custody
to a hospital for observation, and a complete report of every
observation at the hospital shall be made in writing and shall
include a record of observation, treatment, and medical history and a
recommendation for future treatment, custody, and maintenance. The
department shall thereupon order the placement and treatment that it
determines to be most conducive to the purposes of Chapters 2151. and
5139. of the Revised Code. The committing court and all public
authorities shall make available to the department all pertinent data
in their possession with respect to the case.

(D)
Records maintained by the department of youth services pertaining to
the children in its custody shall be accessible only to department
employees, except by consent of the department, upon the order of the
judge of a court of record, or as provided in divisions (D)(1) and
(2) of this section. These records shall not be considered "public
records," as defined in section 149.43 of the Revised Code.

(1)
Except as otherwise provided by a law of this state or the United
States, the department of youth services may release records that are
maintained by the department of youth services and that pertain to
children in its custody to the department of rehabilitation and
correction regarding persons who are under the jurisdiction of the
department of rehabilitation and correction and who have previously
been committed to the department of youth services. The department of
rehabilitation and correction may use those records for the limited
purpose of carrying out the duties of the department of
rehabilitation and correction. Records released by the department of
youth services to the department of rehabilitation and correction
shall remain confidential and shall not be considered public records
as defined in section 149.43 of the Revised Code.

(2)
The department of youth services shall provide to the superintendent
of the school district in which a child discharged or released from
the custody of the department is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code the records described
in divisions (D)(4)(a) to (d) of section 2152.18 of the Revised Code.
Subject to the provisions of section 3319.321 of the Revised Code and
the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, as
amended, the records released to the superintendent shall remain
confidential and shall not be considered public records as defined in
section 149.43 of the Revised Code.

(E)(1)
When a child is committed to the department of youth services, the
department, orally or in writing, shall notify the parent, guardian,
or custodian of a child that the parent, guardian, or custodian may
request at any time from the superintendent of the institution in
which the child is located any of the information described in
divisions (E)(1)(a), (b), (c), and (d) of this section. The parent,
guardian, or custodian may provide the department with the name,
address, and telephone number of the parent, guardian, or custodian,
and, until the department is notified of a change of name, address,
or telephone number, the department shall use the name, address, and
telephone number provided by the parent, guardian, or custodian to
provide notices or answer inquiries concerning the following
information:

(a)
When the department of youth services makes a permanent assignment of
the child to a facility, the department, orally or in writing and on
or before the third business day after the day the permanent
assignment is made, shall notify the parent, guardian, or custodian
of the child of the name of the facility to which the child has been
permanently assigned.

If
a parent, guardian, or custodian of a child who is committed to the
department of youth services requests, orally or in writing, the
department to provide the parent, guardian, or custodian with the
name of the facility in which the child is currently located, the
department, orally or in writing and on or before the next business
day after the day on which the request is made, shall provide the
name of that facility to the parent, guardian, or custodian.

(b)
If a parent, guardian, or custodian of a child who is committed to
the department of youth services, orally or in writing, asks the
superintendent of the institution in which the child is located
whether the child is being disciplined by the personnel of the
institution, what disciplinary measure the personnel of the
institution are using for the child, or why the child is being
disciplined, the superintendent or the superintendent's designee, on
or before the next business day after the day on which the request is
made, shall provide the parent, guardian, or custodian with written
or oral responses to the questions.

(c)
If a parent, guardian, or custodian of a child who is committed to
the department of youth services, orally or in writing, asks the
superintendent of the institution in which the child is held whether
the child is receiving any medication from personnel of the
institution, what type of medication the child is receiving, or what
condition of the child the medication is intended to treat, the
superintendent or the superintendent's designee, on or before the
next business day after the day on which the request is made, shall
provide the parent, guardian, or custodian with oral or written
responses to the questions.

(d)
When a major incident occurs with respect to a child who is committed
to the department of youth services, the department, as soon as
reasonably possible after the major incident occurs, shall notify the
parent, guardian, or custodian of the child that a major incident has
occurred with respect to the child and of all the details of that
incident that the department has ascertained.

(2)
The failure of the department of youth services to provide any
notification required by or answer any requests made pursuant to
division (E) of this section does not create a cause of action
against the state.

(F)
The department of youth services, as a means of punishment while the
child is in its custody, shall not prohibit a child who is committed
to the department from seeing that child's parent, guardian, or
custodian during standard visitation periods allowed by the
department of youth services unless the superintendent of the
institution in which the child is held determines that permitting
that child to visit with the child's parent, guardian, or custodian
would create a safety risk to that child, that child's parents,
guardian, or custodian, the personnel of the institution, or other
children held in that institution.

(G)
As used in this section:

(1)
"Permanent assignment" means the assignment or transfer for
an extended period of time of a child who is committed to the
department of youth services to a facility in which the child will
receive training or participate in activities that are directed
toward the child's successful rehabilitation. "Permanent
assignment" does not include the transfer of a child to a
facility for judicial release hearings pursuant to section 2152.22 of
the Revised Code or for any other temporary assignment or transfer to
a facility.

(2)
"Major incident" means the escape or attempted escape of a
child who has been committed to the department of youth services from
the facility to which the child is assigned; the return to the
custody of the department of a child who has escaped or otherwise
fled the custody and control of the department without authorization;
the allegation of any sexual activity with a child committed to the
department; physical injury to a child committed to the department as
a result of alleged abuse by department staff; an accident resulting
in injury to a child committed to the department that requires
medical care or treatment outside the institution in which the child
is located; the discovery of a controlled substance upon the person
or in the property of a child committed to the department; a suicide
attempt by a child committed to the department; a suicide attempt by
a child committed to the department that results in injury to the
child requiring emergency medical services outside the institution in
which the child is located; the death of a child committed to the
department; an injury to a visitor at an institution under the
control of the department that is caused by a child committed to the
department; and the commission or suspected commission of an act by a
child committed to the department that would be an offense if
committed by an adult.

(3)
"Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.

(4)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(5)
"Residential care facility" and "residential facility"
have the same meanings as in section 2151.011 of the Revised Code.

Sec.
5139.06.
(A)
When a child has been committed to the department of youth services,
the department shall do both of the following:

(1)
Place the child in an appropriate institution under the condition
that it considers best designed for the training and rehabilitation
of the child and the protection of the public, provided that the
institutional placement shall be consistent with the order committing
the child to its custody;

(2)
Maintain the child in institutional care or institutional care in a
secure facility for the required period of institutionalization in a
manner consistent with division (A)(1) of section 2152.16 and
divisions (A) to (F) of section 2152.17 of the Revised Code,
whichever are applicable, and with section 5139.38 or division (B),
(C), or (D) of section 2152.22 of the Revised Code.

(B)
When a child has been committed to the department of youth services
and has not been institutionalized or institutionalized in a secure
facility for the prescribed minimum period of time, including, but
not limited to, a prescribed period of time under division (A)(1)(a)
of section 2152.16 of the Revised Code, the department, the child, or
the child's parent may request the court that committed the child to
order a judicial release to court supervision or a judicial release
to department of youth services supervision in accordance with
division (B), (C), or (D) of section 2152.22 of the Revised Code, and
the child may be released from institutionalization or
institutionalization in a secure facility in accordance with the
applicable division. A child in those circumstances shall not be
released from institutionalization or institutionalization in a
secure facility except in accordance with section 2152.22 or 5139.38
of the Revised Code. When a child is released pursuant to a judicial
release to court supervision under division (B) or (D) of section
2152.22 of the Revised Code, the department shall comply with
division (B)(3) of that section and, if the court requests, shall
send the committing court a report on the child's progress in the
institution and recommendations for conditions of supervision by the
court after release. When a child is released pursuant to a judicial
release to department of youth services supervision under division
(C) or (D) of section 2152.22 of the Revised Code, the department
shall comply with division (C)(3) of that section relative to the
child and shall send the committing court and the juvenile court of
the county in which the child is placed a copy of the treatment and
rehabilitation plan described in that division and the conditions
that it fixed. The court of the county in which the child is placed
may adopt the conditions as an order of the court and may add any
additional consistent conditions it considers appropriate, provided
that the court may not add any condition that decreases the level or
degree of supervision specified by the department in its plan, that
substantially increases the financial burden of supervision that will
be experienced by the department, or that alters the placement
specified by the department in its plan. Any violations of the
conditions of the child's judicial release or early release shall be
handled pursuant to division (E) of section 2152.22 of the Revised
Code.

(C)
When a child has been committed to the department of youth services,
the department may do any of the following:

(1)
Notwithstanding the provisions of this chapter, Chapter 2151., or
Chapter 2152. of the Revised Code that prescribe required periods of
institutionalization, transfer the child to any other state
institution, whenever it appears that the child by reason of mental
illness or developmental disability ought to be in another state
institution. Before transferring a child to any other state
institution, the department shall include in the minutes a record of
the order of transfer and the reason for the transfer and, at least
seven days prior to the transfer, shall send a certified copy of the
order to the person shown by its record to have had the care or
custody of the child immediately prior to the child's commitment.
Except as provided in division (C)(2) of this section, no person
shall be transferred from a benevolent institution to a correctional
institution or to a facility or institution operated by the
department of youth services.

(2)
Notwithstanding the provisions of this chapter, Chapter 2151., or
Chapter 2152. of the Revised Code that prescribe required periods of
institutionalization, transfer the child under section 5120.162 of
the Revised Code to a correctional medical center established by the
department of rehabilitation and correction, whenever the child has
an illness, physical condition, or other medical problem and it
appears that the child would benefit from diagnosis or treatment at
the center for that illness, condition, or problem. Before
transferring a child to a center, the department of youth services
shall include in the minutes a record of the order of transfer and
the reason for the transfer and, except in emergency situations, at
least seven days prior to the transfer, shall send a certified copy
of the order to the person shown by its records to have had the care
or custody of the child immediately prior to the child's commitment.
If the transfer of the child occurs in an emergency situation, as
soon as possible after the decision is made to make the transfer, the
department of youth services shall send a certified copy of the order
to the person shown by its records to have had the care or custody of
the child immediately prior to the child's commitment. A transfer
under this division shall be in accordance with the terms of the
agreement the department of youth services enters into with the
department of rehabilitation and correction under section 5120.162 of
the Revised Code and shall continue only as long as the child
reasonably appears to receive benefit from diagnosis or treatment at
the center for an illness, physical condition, or other medical
problem.

(3)
Revoke or modify any order of the department except an order of
discharge as often as conditions indicate it to be desirable;

(4)
If the child was committed pursuant to division (A)(1)(b), (c), (d),

or

(e)
,
or (f)

of section 2152.16 of the Revised Code and has been institutionalized
or institutionalized in a secure facility for the prescribed minimum
periods of time under the division pursuant to which the commitment
was made, assign the child to a family home, a group care facility,
or other place maintained under public or private auspices, within or
without this state, for necessary treatment and rehabilitation, the
costs of which may be paid by the department, provided that the
department shall notify the committing court, in writing, of the
place and terms of the assignment at least fifteen days prior to the
scheduled date of the assignment;

(5)
Release the child from an institution in accordance with sections
5139.51 to 5139.54 of the Revised Code in the circumstances described
in those sections.

(D)
The department of youth services shall notify the committing court of
any order transferring the physical location of any child committed
to it in accordance with section 5139.35 of the Revised Code. Upon
the discharge from its custody and control, the department may
petition the court for an order terminating its custody and control.

Sec.
5139.20.
(A)
Notwithstanding any other provision of the Revised Code that sets
forth the minimum periods or period for which a child committed to
the department of youth services is to be institutionalized or
institutionalized in a secure facility or the procedures for the
judicial release to court supervision or judicial release to
department of youth services supervision, the department may grant
emergency releases to children confined in state juvenile
institutions if the governor, upon request of the director of the
department authorizes the director, in writing, to issue a
declaration that an emergency overcrowding condition exists in all of
the institutions in which males are confined, or in all of the
institutions in which females are confined, that are under the
control of the department. If the governor authorizes the issuance of
a declaration, the director may issue the declaration. If the
director issues the declaration, the director shall file a copy of it
with the secretary of state, which copy shall be a public record.
Upon the filing of the copy, the department is authorized to grant
emergency releases to children within its custody subject to division
(B) of this section. The authority to grant the emergency releases
shall continue until the expiration of thirty days from the day on
which the declaration was filed. The director shall not issue a
declaration that an emergency overcrowding condition exists unless
the director determines that no other method of alleviating the
overcrowding condition is available.

(B)(1)
If the department is authorized under division (A) of this section to
grant emergency releases to children within its custody, the
department shall determine which, if any, children to release under
that authority only in accordance with this division and divisions
(C), (D), and (E) of this section. The department, in determining
which, if any, children to release, initially shall classify each
child within its custody according to the degree of offense that the
act for which the child is serving the period of institutionalization
would have been if committed by an adult. The department then shall
scrutinize individual children for emergency release, based upon
their degree of offense, in accordance with the categories and the
order of consideration set forth in division (B)(2) of this section.
After scrutiny of all children within the particular category under
consideration, the department shall designate individual children
within that category to whom it wishes to grant an emergency release.

(2)
The categories of children in the custody of the department that may
be considered for emergency release under this section, and the order
in which the categories shall be considered, are as follows:

(a)
Initially, only children who are not serving a period of
institutionalization for an act that would have been aggravated
murder, murder, or a felony of the first, second, third, or fourth
degree if committed by an adult or for an act that was committed
before July 1, 1996, and that would have been an aggravated felony of
the first, second, or third degree if committed by an adult may be
considered.

(b)
When all children in the category described in division (B)(2)(a) of
this section have been scrutinized and all children in that category
who have been designated for emergency release under division (B)(1)
of this section have been so released, then all children who are not
serving a period of institutionalization for an act that would have
been aggravated murder, murder, or a felony of the first or second
degree if committed by an adult or for an act that was committed
before July 1, 1996, and that would have been an aggravated felony of
the first or second degree if committed by an adult may be
considered.

(c)
When all children in the categories described in divisions (B)(2)(a)
and (b) of this section have been scrutinized and all children in
those categories who have been designated for emergency release under
division (B)(1) of this section have been released, then all children
who are not serving a term of institutionalization for an act that
would have been aggravated murder, murder, or a felony of the first
degree if committed by an adult or for an act that was committed
before July 1, 1996, and that would have been an aggravated felony of
the first or second degree if committed by an adult may be
considered.

(d)
In no case shall the department consider for emergency release any
child who is serving a term of institutionalization for an act that
would have been aggravated murder, murder, or a felony of the first
degree if committed by an adult or for an act that was committed
before July 1, 1996, and that would have been an aggravated felony of
the first degree if committed by an adult, and in no case shall the
department grant an emergency release to any such child pursuant to
this section.

(C)
An emergency release granted pursuant to this section shall consist
of one of the following:

(1)
A supervised release under terms and conditions that the department
believes conducive to law-abiding conduct;

(2)
A discharge of the child from the custody and control of the
department if the department is satisfied that the discharge is
consistent with the welfare of the individual and protection of the
public;

(3)
An assignment to a family home, a group care facility, or other place
maintained under public or private auspices, within or without this
state, for necessary treatment or rehabilitation, the costs of which
may be paid by the department.

(D)
If a child is granted an emergency release pursuant to this section,
the child thereafter shall be considered to have been
institutionalized or institutionalized in a secure facility for the
prescribed minimum period of time under division (A)(1)(b), (c), (d),

or

(e)
,
or (f)

of section 2152.16 of the Revised Code, or all definite periods of
commitment imposed under division (A), (B), (C), or (D) of section
2152.17 of the Revised Code plus the prescribed minimum period of
time imposed under division (A)(1)(b), (c), (d),
or

(e)
,
or (f)

of section 2152.16 of the Revised Code, whichever is applicable. The
department shall retain legal custody of a child so released until it
discharges the child or until its custody is terminated as otherwise
provided by law.

(E)(1)
If a child is granted an emergency release so that the child is
released on supervised release or assigned to a family home, group
care facility, or other place for treatment or rehabilitation, the
department shall prepare a written treatment and rehabilitation plan
for the child in accordance with division (F) of section 2152.22 of
the Revised Code, which shall include the conditions of the child's
release or assignment, and shall send the committing court and the
juvenile court of the county in which the child is placed a copy of
the plan and the conditions that it fixed. The court of the county in
which the child is placed may adopt the conditions as an order of the
court and may add any additional consistent conditions it considers
appropriate. If a child is released on supervised release or is
assigned subject to specified conditions and the court of the county
in which the child is placed has reason to believe that the child's
deportment is not in accordance with any post-release conditions
established by the court in its journal entry, the court of the
county in which the child is placed, in its discretion, may schedule
a time for a hearing on whether the child violated any of the
post-release conditions. If that court conducts a hearing and
determines at the hearing that the child violated any of the
post-release conditions established in its journal entry, the court,
if it determines that the violation of the conditions was a serious
violation, may order the child to be returned to the department of
youth services for institutionalization or, in any case, may make any
other disposition of the child authorized by law that the court
considers proper. If the court of the county in which the child is
placed orders the child to be returned to a department of youth
services institution, the child shall remain institutionalized for a
minimum period of three months.

(2)
The department also shall file a written progress report with the
committing court regarding each child granted an emergency release
pursuant to this section at least once every thirty days unless
specifically directed otherwise by the court. The report shall
include the information required of reports described in division (G)
of section 2152.22 of the Revised Code.

Sec.
5139.35.
(A)
Except as provided in division (C) of this section and division
(C)(2) of section 5139.06 of the Revised Code, the department of
youth services shall not place a child committed to it pursuant to
section 2152.16 or divisions (A) and (B) of section 2152.17 of the
Revised Code who has not been institutionalized or institutionalized
in a secure facility for the prescribed minimum period of
institutionalization in an institution with a less restrictive
setting than that in which the child was originally placed, other
than an institution under the management and control of the
department, without first obtaining the prior consent of the
committing court.

(B)
Except as provided in division (C) of this section, the department of
youth services shall notify the committing court, in writing, of any
placement of a child committed to it pursuant to division (A)(1)(b),
(c), (d),
or

(e)
,
or (f)

of section 2152.16 or divisions (A) and (B) of section 2152.17 of the
Revised Code who has been institutionalized or institutionalized in a
secure facility for the prescribed minimum period of
institutionalization under those divisions in an institution with a
less restrictive setting than that in which the child was originally
placed, other than an institution under the management and control of
the department, at least fifteen days before the scheduled date of
placement.

(C)
If, pursuant to division (C)(2) of section 5139.06 of the Revised
Code, the department of youth services transfers a child committed to
it pursuant to division (A)(1)(b), (c), (d),
or

(e)
,
or (f)

of section 2152.16 or divisions (A) and (B) of section 2152.17 of the
Revised Code to a correctional medical center established by the
department of rehabilitation and correction, the department of youth
services shall send the committing court a certified copy of the
transfer order.

Sec.
5139.51.
(A)
The release authority of the department of youth services shall not
release a child who is in the custody of the department of youth
services from institutional care or institutional care in a secure
facility and shall not discharge the child or order the child's
release on supervised release prior to the expiration of the
prescribed minimum period of institutionalization or
institutionalization in a secure facility or prior to the child's
attainment of twenty-one years of age, whichever is applicable under
the order of commitment, other than as is provided in section 2152.22
of the Revised Code. The release authority may conduct periodic
reviews of the case of each child who is in the custody of the
department and who is eligible for supervised release or discharge
after completing the minimum period of time or period of time in an
institution prescribed by the committing court. At least thirty days
prior to conducting a periodic review of the case of a child who was
committed to the department regarding the possibility of supervised
release or discharge and at least thirty days prior to conducting a
release review, a release hearing, or a discharge review under
division (E) of this section, the release authority shall give notice
of the review or hearing to the court that committed the child, to
the prosecuting attorney in the case, and to the victim of the
delinquent act for which the child was committed or the victim's
representative. If a child is on supervised release and has had the
child's parole revoked, and if, upon release, there is insufficient
time to provide the notices otherwise required by this division, the
release authority, at least ten days prior to the child's release,
shall provide reasonable notice of the child's release to the court
that committed the child, to the prosecuting attorney in the case,
and to the victim of the delinquent act for which the child was
committed or the victim's representative. The court or prosecuting
attorney may submit to the release authority written comments
regarding, or written objections to, the supervised release or
discharge of that child. Additionally, if the child was committed for
an act that is a category one or category two offense, the court or
prosecuting attorney orally may communicate to a representative of
the release authority comments regarding, or objections to, the
supervised release or discharge of the child or, if a hearing is held
regarding the possible release or discharge of the child, may
communicate those comments at the hearing. In conducting the review
of the child's case regarding the possibility of supervised release
or discharge, the release authority shall consider any comments and
objections so submitted or communicated by the court or prosecutor
and any statements or comments submitted or communicated under
section 5139.56 of the Revised Code by a victim of an act for which
the child was committed to the legal custody of the department or by
the victim's representative of a victim of an act of that type.

The
release authority shall determine the date on which a child may be
placed on supervised release or discharged. If the release authority
believes that a child should be placed on supervised release, it
shall comply with division (B) of this section. If the release
authority believes that a child should be discharged, it shall comply
with division (C) or (E) of this section. If the release authority
denies the supervised release or discharge of a child, it shall
provide the child with a written record of the reasons for the
decision.

(B)(1)
When the release authority decides to place a child on supervised
release, consistent with division (D) of this section, the department
shall prepare a written supervised release plan that specifies the
terms and conditions upon which the child is to be released from an
institution on supervised release and, at least thirty days prior to
the release of the child on the supervised release, shall send to the
committing court and the juvenile court of the county in which the
child will be placed a copy of the supervised release plan and the
terms and conditions of release. The juvenile court of the county in
which the child will be placed, within fifteen days after its receipt
of the copy of the supervised release plan, may add to the supervised
release plan any additional consistent terms and conditions it
considers appropriate, provided that the court may not add any term
or condition that decreases the level or degree of supervision
specified by the release authority in the plan, that substantially
increases the financial burden of supervision that will be
experienced by the department of youth services, or that alters the
placement specified by the plan.

If,
within fifteen days after its receipt of the copy of the supervised
release plan, the juvenile court of the county in which the child
will be placed does not add to the supervised release plan any
additional terms and conditions, the court shall enter the supervised
release plan in its journal within that fifteen-day period and,
within that fifteen-day period, shall send to the release authority a
copy of the journal entry of the supervised release plan. The
journalized plan shall apply regarding the child's supervised
release.

If,
within fifteen days after its receipt of the copy of the supervised
release plan, the juvenile court of the county in which the child
will be placed adds to the supervised release plan any additional
terms and conditions, the court shall enter the supervised release
plan and the additional terms and conditions in its journal and,
within that fifteen-day period, shall send to the release authority a
copy of the journal entry of the supervised release plan and
additional terms and conditions. The journalized supervised release
plan and additional terms and conditions added by the court that
satisfy the criteria described in this division shall apply regarding
the child's supervised release.

If,
within fifteen days after its receipt of the copy of the supervised
release plan, the juvenile court of the county in which the child
will be placed neither enters in its journal the supervised release
plan nor enters in its journal the supervised release plan plus
additional terms and conditions added by the court, the court and the
department of youth services may attempt to resolve any differences
regarding the plan within three days. If a resolution is not reached
within that three-day period, thereafter, the supervised release plan
shall be enforceable to the same extent as if the court actually had
entered the supervised release plan in its journal.

(2)
When the release authority receives from the court a copy of the
journalized supervised release plan and, if applicable, a copy of the
journalized additional terms and conditions added by the court, the
release authority shall keep the original copy or copies in the
child's file and shall provide a copy of each document to the child,
the employee of the department who is assigned to supervise and
assist the child while on release, and the committing court.

(C)
If a child who is in the custody of the department of youth services
was committed pursuant to division (A)(1)(b), (c), (d),
or

(e)
,
or (f)

of section 2152.16 of the Revised Code and has been institutionalized
or institutionalized in a secure facility for the prescribed minimum
periods of time under those divisions and if the release authority is
satisfied that the discharge of the child without the child being
placed on supervised release would be consistent with the welfare of
the child and protection of the public, the release authority,
without approval of the court that committed the child, may discharge
the child from the department's custody and control without placing
the child on supervised release. Additionally, the release authority
may discharge a child in the department's custody without the child
being placed on supervised release if the child is removed from the
jurisdiction of this state by a court order of a court of this state,
another state, or the United States, or by any agency of this state,
another state, or the United States, if the child is convicted of or
pleads guilty to any criminal offense, or as otherwise provided by
law. At least fifteen days before the scheduled date of discharge of
the child without the child being placed on supervised release, the
department shall notify the committing court, in writing, that it is
going to discharge the child and of the reason for the discharge.
Upon discharge of the child without the child being placed on
supervised release, the department immediately shall certify the
discharge in writing and shall transmit the certificate of discharge
to the committing court.

(D)
In addition to requirements that are reasonably related to the
child's prior pattern of criminal or delinquent behavior and the
prevention of further criminal or delinquent behavior, the release
authority shall specify the following requirements for each child
whom it releases:

(1)
The child shall observe the law.

(2)
The child shall maintain appropriate contact, as specified in the
written supervised release plan for that child.

(3)
The child shall not change residence unless the child seeks prior
approval for the change from the employee of the department assigned
to supervise and assist the child, provides that employee, at the
time the child seeks the prior approval for the change, with
appropriate information regarding the new residence address at which
the child wishes to reside, and obtains the prior approval of that
employee for the change.

(E)
The period of a child's supervised release may extend from the date
of release from an institution until the child attains twenty-one
years of age. If the period of supervised release extends beyond one
year after the date of release, the child may request in writing that
the release authority conduct a discharge review after the expiration
of the one-year period or the minimum period or period. If the child
so requests, the release authority shall conduct a discharge review
and give the child its decision in writing. The release authority
shall not grant a discharge prior to the discharge date if it finds
good cause for retaining the child in the custody of the department
until the discharge date. A child may request an additional discharge
review six months after the date of a previous discharge review
decision, but not more than once during any six-month period after
the date of a previous discharge review decision.

(F)
At least two weeks before the release authority places on supervised
release or discharge a child who was committed to the legal custody
of the department, the release authority shall provide notice of the
release or discharge as follows:

(1)
In relation to the placement on supervised release or discharge of a
child who was committed to the department for committing an act that
is a category one or category two offense, the release authority
shall notify, by the specified deadline, all of the following of the
release or discharge:

(a)
The prosecuting attorney of the county in which the child was
adjudicated a delinquent child and committed to the custody of the
department;

(b)
Whichever of the following is applicable:

(i)
If upon the supervised release or discharge the child will reside in
a municipal corporation, the chief of police or other chief law
enforcement officer of that municipal corporation;

(ii)
If upon the supervised release or discharge the child will reside in
an unincorporated area of a county, the sheriff of that county.

(2)
In relation to the placement on supervised release or discharge of a
child who was committed to the department for committing any act, the
release authority shall notify, by the specified deadline, each
victim of the act for which the child was committed to the legal
custody of the department who, pursuant to section 5139.56 of the
Revised Code, has requested to be notified of the placement of the
child on supervised release or the discharge of the child, provided
that, if any victim has designated a person pursuant to that section
to act on the victim's behalf as a victim's representative, the
notification required by this division shall be provided to that
victim's representative.

Section
2.
That
existing sections 2152.16, 2152.17, 2152.19, 2152.22, 2152.26,
5139.01, 5139.05
,
5139.06, 5139.20, 5139.35, and 5139.51

of the Revised Code are hereby repealed.