2006 Ohio Revised Code - [2151.31.1] 2151.311.Procedure upon apprehension.

[§ 2151.31.1] § 2151.311. Procedure upon apprehension.
 

(A)  A person taking a child into custody shall, with all reasonable speed and in accordance with division (C) of this section, either: 

(1) Release the child to the child's parents, guardian, or other custodian, unless the child's detention or shelter care appears to be warranted or required as provided in section 2151.31 of the Revised Code; 

(2) Bring the child to the court or deliver the child to a place of detention or shelter care designated by the court and promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian, or other custodian and to the court. 

(B)  If a parent, guardian, or other custodian fails, when requested by the court, to bring the child before the court as provided by this section, the court may issue its warrant directing that the child be taken into custody and brought before the court. 

(C) (1)  Before taking any action required by division (A) of this section, a person taking a child into custody may hold the child for processing purposes in 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 for either of the following periods of time: 

(a) For a period not to exceed six hours, if all of the following apply: 

(i) The child is alleged to be a delinquent child for the commission of an act that would be a felony if committed by an adult; 

(ii) The child remains beyond the range of touch of all adult detainees; 

(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention; 

(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention. 

(b) For a period not to exceed three hours, if all of the following apply: 

(i) The child is alleged to be a delinquent child for the commission of an act that would be a misdemeanor if committed by an adult, is alleged to be a delinquent child for being a chronic truant or an habitual truant who previously has been adjudicated an unruly child for being an habitual truant, or is alleged to be an unruly child or a juvenile traffic offender; 

(ii) The child remains beyond the range of touch of all adult detainees; 

(iii) The child is visually supervised by jail or workhouse personnel at all times during the detention; 

(iv) The child is not handcuffed or otherwise physically secured to a stationary object during the detention. 

(2) If a child has been transferred to an adult court for prosecution for the alleged commission of a criminal offense, subsequent to the transfer, the child may be held as described in division (F) of section 2152.26 or division (B) of section 5120.16 of the Revised Code. 

(D)  As used in division (C)(1) of this section, "processing purposes" means all of the following: 

(1) Fingerprinting, photographing, or fingerprinting and photographing the child in a secure area of the facility; 

(2) Interrogating the child, contacting the child's parent or guardian, arranging for placement of the child, or arranging for transfer or transferring the child, while holding the child in a nonsecure area of the facility. 
 

HISTORY: 133 v H 320 (Eff 11-19-69); 133 v H 931 (Eff 8-27-70); 134 v S 445 (Eff 6-29-72); 143 v H 166 (Eff 2-14-90); 145 v H 571 (Eff 10-6-94); 146 v H 480 (Eff 10-16-96); 146 v H 124 (Eff 3-31-97); 148 v S 181 (Eff 9-4-2000); 148 v S 179, § 3. Eff 1-1-2002.
 

The effective date is set by section 5 of SB 179.