Bill Text: OH SB142 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To require that any privately run non-Ohio school, camp, institution, or other facility to which Ohio delinquent children are committed comply with the same standards that are applicable to in-state schools, camps, institutions, or other facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-16 - To Judiciary Criminal Justice [SB142 Detail]

Download: Ohio-2009-SB142-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 142

Senator Miller, R. 

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A BILL

To amend section 2152.19 of the Revised Code to

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require that any privately run non-Ohio school,

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camp, institution, or other facility to which Ohio

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delinquent children are committed comply with the

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same standards that are applicable to in-state

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schools, camps, institutions, or other facilities.

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

Section 1. That section 2152.19 of the Revised Code be	7
amended to read as follows:	8

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	9
child, the court may make any of the following orders of	10
disposition, in addition to any other disposition authorized or	11
required by this chapter:	12

(1) Any order that is authorized by section 2151.353 of the	13
Revised Code for the care and protection of an abused, neglected,	14
or dependent child;	15

(2) Commit the child to the temporary custody of any school,	16
camp, institution, or other facility operated for the care of	17
delinquent children by the county, by a district organized under	18
section 2152.41 or 2151.65 of the Revised Code, or by a private	19
agency or organization, within or without the state, that is	20
authorized and qualified to provide the care, treatment, or	21
placement required, including, but not limited to, a school, camp,	22
or facility operated under section 2151.65 of the Revised Code;. A	23
child also may be committed to the temporary custody of any	24
school, camp, institution, or other facility for the care of	25
delinquent children that is located outside of this state and that	26
is operated by a private agency or organization. Any such school,	27
camp, institution, or other facility that is located outside of	28
this state shall comply with all standards established under the	29
Revised Code or rule that are applicable to a school, camp,	30
institution, or other facility operated within this state. No	31
public money shall be expended for the commitment of a child to	32
the temporary custody of any school, camp, institution, or other	33
facility that is located outside of this state that does not	34
comply with those standards.	35

(3) Place the child in a detention facility or district	36
detention facility operated under section 2152.41 of the Revised	37
Code, for up to ninety days;	38

(4) Place the child on community control under any sanctions,	39
services, and conditions that the court prescribes. As a condition	40
of community control in every case and in addition to any other	41
condition that it imposes upon the child, the court shall require	42
the child to abide by the law during the period of community	43
control. As referred to in this division, community control	44
includes, but is not limited to, the following sanctions and	45
conditions:	46

(a) A period of basic probation supervision in which the	47
child is required to maintain contact with a person appointed to	48
supervise the child in accordance with sanctions imposed by the	49
court;	50

(b) A period of intensive probation supervision in which the	51
child is required to maintain frequent contact with a person	52
appointed by the court to supervise the child while the child is	53
seeking or maintaining employment and participating in training,	54
education, and treatment programs as the order of disposition;	55

(c) A period of day reporting in which the child is required	56
each day to report to and leave a center or another approved	57
reporting location at specified times in order to participate in	58
work, education or training, treatment, and other approved	59
programs at the center or outside the center;	60

(d) A period of community service of up to five hundred hours	61
for an act that would be a felony or a misdemeanor of the first	62
degree if committed by an adult, up to two hundred hours for an	63
act that would be a misdemeanor of the second, third, or fourth	64
degree if committed by an adult, or up to thirty hours for an act	65
that would be a minor misdemeanor if committed by an adult;	66

(e) A requirement that the child obtain a high school	67
diploma, a certificate of high school equivalence, vocational	68
training, or employment;	69

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

70

(g) A requirement of alcohol or drug assessment or	71
counseling, or a period in an alcohol or drug treatment program	72
with a level of security for the child as determined necessary by	73
the court;	74

(h) A period in which the court orders the child to observe a	75
curfew that may involve daytime or evening hours;	76

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

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(j) A period of house arrest without electronic monitoring or	78
continuous alcohol monitoring;	79

(k) A period of electronic monitoring or continuous alcohol	80
monitoring without house arrest, or house arrest with electronic	81
monitoring or continuous alcohol monitoring or both electronic	82
monitoring and continuous alcohol monitoring, that does not exceed	83
the maximum sentence of imprisonment that could be imposed upon an	84
adult who commits the same act.	85

A period of house arrest with electronic monitoring or	86
continuous alcohol monitoring or both electronic monitoring and	87
continuous alcohol monitoring, imposed under this division shall	88
not extend beyond the child's twenty-first birthday. If a court	89
imposes a period of house arrest with electronic monitoring or	90
continuous alcohol monitoring or both electronic monitoring and	91
continuous alcohol monitoring, upon a child under this division,	92
it shall require the child: to remain in the child's home or other	93
specified premises for the entire period of house arrest with	94
electronic monitoring or continuous alcohol monitoring or both	95
except when the court permits the child to leave those premises to	96
go to school or to other specified premises. Regarding electronic	97
monitoring, the court also shall require the child to be monitored	98
by a central system that can determine the child's location at	99
designated times; to report periodically to a person designated by	100
the court; and to enter into a written contract with the court	101
agreeing to comply with all requirements imposed by the court,	102
agreeing to pay any fee imposed by the court for the costs of the	103
house arrest with electronic monitoring, and agreeing to waive the	104
right to receive credit for any time served on house arrest with	105
electronic monitoring toward the period of any other dispositional	106
order imposed upon the child if the child violates any of the	107
requirements of the dispositional order of house arrest with	108
electronic monitoring. The court also may impose other reasonable	109
requirements upon the child.	110

Unless ordered by the court, a child shall not receive credit	111
for any time served on house arrest with electronic monitoring or	112
continuous alcohol monitoring or both toward any other	113
dispositional order imposed upon the child for the act for which	114
was imposed the dispositional order of house arrest with	115
electronic monitoring or continuous alcohol monitoring. As used in	116
this division and division (A)(4)(l) of this section, "continuous	117
alcohol monitoring" has the same meaning as in section 2929.01 of	118
the Revised Code.	119

(l) A suspension of the driver's license, probationary	120
driver's license, or temporary instruction permit issued to the	121
child for a period of time prescribed by the court, or a	122
suspension of the registration of all motor vehicles registered in	123
the name of the child for a period of time prescribed by the	124
court. A child whose license or permit is so suspended is	125
ineligible for issuance of a license or permit during the period	126
of suspension. At the end of the period of suspension, the child	127
shall not be reissued a license or permit until the child has paid	128
any applicable reinstatement fee and complied with all	129
requirements governing license reinstatement.	130

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

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(6) Require the child to not be absent without legitimate	132
excuse from the public school the child is supposed to attend for	133
five or more consecutive days, seven or more school days in one	134
school month, or twelve or more school days in a school year;	135

(7)(a) If a child is adjudicated a delinquent child for being	136
a chronic truant or a habitual truant who previously has been	137
adjudicated an unruly child for being a habitual truant, do either	138
or both of the following:	139

(i) Require the child to participate in a truancy prevention	140
mediation program;	141

(ii) Make any order of disposition as authorized by this	142
section, except that the court shall not commit the child to a	143
facility described in division (A)(2) or (3) of this section	144
unless the court determines that the child violated a lawful court	145
order made pursuant to division (C)(1)(e) of section 2151.354 of	146
the Revised Code or division (A)(6) of this section.	147

(b) If a child is adjudicated a delinquent child for being a	148
chronic truant or a habitual truant who previously has been	149
adjudicated an unruly child for being a habitual truant and the	150
court determines that the parent, guardian, or other person having	151
care of the child has failed to cause the child's attendance at	152
school in violation of section 3321.38 of the Revised Code, do	153
either or both of the following:	154

(i) Require the parent, guardian, or other person having care	155
of the child to participate in a truancy prevention mediation	156
program;	157

(ii) Require the parent, guardian, or other person having	158
care of the child to participate in any community service program,	159
preferably a community service program that requires the	160
involvement of the parent, guardian, or other person having care	161
of the child in the school attended by the child.	162

(8) Make any further disposition that the court finds proper,	163
except that the child shall not be placed in any of the following:	164

(a) A state correctional institution, a county, multicounty,	165
or municipal jail or workhouse, or another place in which an adult	166
convicted of a crime, under arrest, or charged with a crime is	167
held;	168

(b) A community corrections facility, if the child would be	169
covered by the definition of public safety beds for purposes of	170
sections 5139.41 to 5139.43 of the Revised Code if the court	171
exercised its authority to commit the child to the legal custody	172
of the department of youth services for institutionalization or	173
institutionalization in a secure facility pursuant to this	174
chapter.	175

(B) If a child is adjudicated a delinquent child, in addition	176
to any order of disposition made under division (A) of this	177
section, the court, in the following situations and for the	178
specified periods of time, shall suspend the child's temporary	179
instruction permit, restricted license, probationary driver's	180
license, or nonresident operating privilege, or suspend the	181
child's ability to obtain such a permit:	182

(1) If the child is adjudicated a delinquent child for	183
violating section 2923.122 of the Revised Code, impose a class	184
four suspension of the child's license, permit, or privilege from	185
the range specified in division (A)(4) of section 4510.02 of the	186
Revised Code or deny the child the issuance of a license or permit	187
in accordance with division (F)(1) of section 2923.122 of the	188
Revised Code.	189

(2) If the child is adjudicated a delinquent child for	190
committing an act that if committed by an adult would be a drug	191
abuse offense or for violating division (B) of section 2917.11 of	192
the Revised Code, suspend the child's license, permit, or	193
privilege for a period of time prescribed by the court. The court,	194
in its discretion, may terminate the suspension if the child	195
attends and satisfactorily completes a drug abuse or alcohol abuse	196
education, intervention, or treatment program specified by the	197
court. During the time the child is attending a program described	198
in this division, the court shall retain the child's temporary	199
instruction permit, probationary driver's license, or driver's	200
license, and the court shall return the permit or license if it	201
terminates the suspension as described in this division.	202

(C) The court may establish a victim-offender mediation	203
program in which victims and their offenders meet to discuss the	204
offense and suggest possible restitution. If the court obtains the	205
assent of the victim of the delinquent act committed by the child,	206
the court may require the child to participate in the program.	207

(D)(1) If a child is adjudicated a delinquent child for	208
committing an act that would be a felony if committed by an adult	209
and if the child caused, attempted to cause, threatened to cause,	210
or created a risk of physical harm to the victim of the act, the	211
court, prior to issuing an order of disposition under this	212
section, shall order the preparation of a victim impact statement	213
by the probation department of the county in which the victim of	214
the act resides, by the court's own probation department, or by a	215
victim assistance program that is operated by the state, a county,	216
a municipal corporation, or another governmental entity. The court	217
shall consider the victim impact statement in determining the	218
order of disposition to issue for the child.	219

(2) Each victim impact statement shall identify the victim of	220
the act for which the child was adjudicated a delinquent child,	221
itemize any economic loss suffered by the victim as a result of	222
the act, identify any physical injury suffered by the victim as a	223
result of the act and the seriousness and permanence of the	224
injury, identify any change in the victim's personal welfare or	225
familial relationships as a result of the act and any	226
psychological impact experienced by the victim or the victim's	227
family as a result of the act, and contain any other information	228
related to the impact of the act upon the victim that the court	229
requires.	230

(3) A victim impact statement shall be kept confidential and	231
is not a public record. However, the court may furnish copies of	232
the statement to the department of youth services if the	233
delinquent child is committed to the department or to both the	234
adjudicated delinquent child or the adjudicated delinquent child's	235
counsel and the prosecuting attorney. The copy of a victim impact	236
statement furnished by the court to the department pursuant to	237
this section shall be kept confidential and is not a public	238
record. If an officer is preparing pursuant to section 2947.06 or	239
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	240
investigation report pertaining to a person, the court shall make	241
available to the officer, for use in preparing the report, a copy	242
of any victim impact statement regarding that person. The copies	243
of a victim impact statement that are made available to the	244
adjudicated delinquent child or the adjudicated delinquent child's	245
counsel and the prosecuting attorney pursuant to this division	246
shall be returned to the court by the person to whom they were	247
made available immediately following the imposition of an order of	248
disposition for the child under this chapter.	249

The copy of a victim impact statement that is made available	250
pursuant to this division to an officer preparing a criminal	251
presentence investigation report shall be returned to the court by	252
the officer immediately following its use in preparing the report.	253

(4) The department of youth services shall work with local	254
probation departments and victim assistance programs to develop a	255
standard victim impact statement.	256

(E) If a child is adjudicated a delinquent child for being a	257
chronic truant or a habitual truant who previously has been	258
adjudicated an unruly child for being a habitual truant and the	259
court determines that the parent, guardian, or other person having	260
care of the child has failed to cause the child's attendance at	261
school in violation of section 3321.38 of the Revised Code, in	262
addition to any order of disposition it makes under this section,	263
the court shall warn the parent, guardian, or other person having	264
care of the child that any subsequent adjudication of the child as	265
an unruly or delinquent child for being a habitual or chronic	266
truant may result in a criminal charge against the parent,	267
guardian, or other person having care of the child for a violation	268
of division (C) of section 2919.21 or section 2919.24 of the	269
Revised Code.	270

(F)(1) During the period of a delinquent child's community	271
control granted under this section, authorized probation officers	272
who are engaged within the scope of their supervisory duties or	273
responsibilities may search, with or without a warrant, the person	274
of the delinquent child, the place of residence of the delinquent	275
child, and a motor vehicle, another item of tangible or intangible	276
personal property, or other real property in which the delinquent	277
child has a right, title, or interest or for which the delinquent	278
child has the express or implied permission of a person with a	279
right, title, or interest to use, occupy, or possess if the	280
probation officers have reasonable grounds to believe that the	281
delinquent child is not abiding by the law or otherwise is not	282
complying with the conditions of the delinquent child's community	283
control. The court that places a delinquent child on community	284
control under this section shall provide the delinquent child with	285
a written notice that informs the delinquent child that authorized	286
probation officers who are engaged within the scope of their	287
supervisory duties or responsibilities may conduct those types of	288
searches during the period of community control if they have	289
reasonable grounds to believe that the delinquent child is not	290
abiding by the law or otherwise is not complying with the	291
conditions of the delinquent child's community control. The court	292
also shall provide the written notice described in division (E)(2)	293
of this section to each parent, guardian, or custodian of the	294
delinquent child who is described in that division.	295

(2) The court that places a child on community control under	296
this section shall provide the child's parent, guardian, or other	297
custodian with a written notice that informs them that authorized	298
probation officers may conduct searches pursuant to division	299
(E)(1) of this section. The notice shall specifically state that a	300
permissible search might extend to a motor vehicle, another item	301
of tangible or intangible personal property, or a place of	302
residence or other real property in which a notified parent,	303
guardian, or custodian has a right, title, or interest and that	304
the parent, guardian, or custodian expressly or impliedly permits	305
the child to use, occupy, or possess.	306

(G) If a juvenile court commits a delinquent child to the	307
custody of any person, organization, or entity pursuant to this	308
section and if the delinquent act for which the child is so	309
committed is a sexually oriented offense or is a child-victim	310
oriented offense, the court in the order of disposition shall do	311
one of the following:	312

(1) Require that the child be provided treatment as described	313
in division (A)(2) of section 5139.13 of the Revised Code;	314

(2) Inform the person, organization, or entity that it is the	315
preferred course of action in this state that the child be	316
provided treatment as described in division (A)(2) of section	317
5139.13 of the Revised Code and encourage the person,	318
organization, or entity to provide that treatment.	319

Section 2. That existing section 2152.19 of the Revised Code	320
is hereby repealed.	321