2006 Ohio Revised Code - 2152.17. Commitment for specification; consecutive periods of commitment.

§ 2152.17. Commitment for specification; consecutive periods of commitment.
 

(A)  Subject to division (D) of this section, 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 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 [2941.14.1], 2941.144 [2941.14.4], 2941.145 [2941.14.5], 2941.146 [2941.14.6], 2941.1412 [2941.14.12], 2941.1413 [2941.14.13], or 2941.1414 [2941.14.14] 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 [2941.14.1] 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 [2941.14.5] 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 [2941.14.14] 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 [2941.14.4], 2941.146 [2941.14.6], or 2941.1412 [2941.14.12] 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 2941.1413 [2941.14.13] 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)  Division (A) of this section also applies to a child who is an accomplice to the same extent the firearm 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 [2941.14.2] 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 [2941.14.11] 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)  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), (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), (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) or (B) of this section and a commitment also is imposed under division (C) of this section, the period imposed under division (A) or (B) of this section shall be served prior to the period imposed under division (C) of this section. 
 

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. 
 

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), (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. 
 

HISTORY: 148 v S 179, § 3 (Eff 1-1-2002); 149 v H 393 (Eff 7-5-2002); 149 v H 130. Eff 4-7-2003./D; 150 v H 52, § 1, eff. 6-1-04; 151 v H 95, § 1, eff. 8-3-06.
 

Å The effective date differs from that specified in section 3 of the Act. See provisions of OConst art II, § 1c. 
 

The provisions of § 3, H.B. 52 (150 v  - ), read as follows: 

SECTION 3. Section 2152.17 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 130 and Sub. H.B. 393 of the 124th General Assembly. Section 4511.01 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. S.B. 123 and Am. Sub. S.B. 231, both of the 124th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

The provisions of §§ 3, 4, 5 of HB 130 (149 v  - ) read as follows: 

SECTION 3. Section 2152.17 of the Revised Code, as amended by this act, shall take effect January 1, 2002. 

SECTION 4. The amendment of section 2151.355 of the Revised Code is not intended to supersede the earlier repeal, with delayed effective date, of that section. 

SECTION 5. (A) Section 2151.355 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. S.B. 181 and Am. Sub. S.B. 222 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

(B) Section 2152.17 of the Revised Code, as presented in this act, includes matter that was amended into former section 2151.355 of the Revised Code by Am. Sub. S.B. 222 of the 123rd General Assembly. Paragraphs of former section 2151.355 of the Revised Code containing Am. Sub. S.B. 222 amendments were transferred to section 2152.17 of the Revised Code by Am. Sub. S.B. 179 of the 123rd General Assembly as part of its general revision of the juvenile sentencing laws. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the version of section 2152.17 of the Revised Code presented in this act is the resulting version of the section in effect prior to the effective date of the section as presented in this act. 

 

Effect of Amendments

151 v H 95, effective August 3, 2006, deleted (G), pertaining to adjudication of a delinquent child. 

150 v H 52, effective June 1, 2004, inserted "or if the delinquent ... 2941.1414 of the Revised Code" in (A)(2); inserted "or if the delinquent ... 2941.1413 of the Revised Code" in (A)(3); and corrected internal references.