Summary of HB 86Juvenile Provisions

ODYS Director Harvey ReedJudge Theresa Dellick

October 13, 2011

Main Provisions

• Promotes research-supported, outcome-based programs and practices that maximize results and provides greater public safety per dollar;

• Revises ineffective and costly sentences by permitting greater judicial discretion;

• Addresses competency; and

• Adopts the ‘Smart on crime’ philosophy that balances developmentally appropriate treatment and accountability measures.

Research-informed practices

• Encourages the utilization of research-supported, outcome-based programs and services, to the extent available.

Judicial Releases

• Extends juvenile court authority to allow for judicial release throughout a student’s term of commitment.

• Student released to court’s authority.

• Current law:– Judges can only grant an early release during a

student’s minimum sentence time period, after which any release decision rests solely with the ODYS

• HB 86– Judges maintain jurisdiction to consider early

release opportunities throughout a student’s commitment, including instances in which students are serving mandatory commitments.

Gun Specifications

• Revises commitment specifications to allow for judicial discretion in instances involving a gun where the student was not the main actor

• Did not possess, dispose of, or otherwise use the weapon.

Juvenile Competency Code

• Adopts a uniform juvenile competency code applicable to all delinquency proceedings using a juvenile-specific standard.

Juvenile Competency Code

• Juvenile is incompetent if due to:– mental illness,– Intellectual disability,– Developmental disability, or– Otherwise due to a lack of mental capacity,

And

Juvenile Competency Code

• The child is presently incapable of understanding the nature and objective of proceedings against the child, or

• of assisting in the child’s defense.

Juvenile Competency Code

• A child who is 14 or older, who is not otherwise found to be mentally ill, intellectually disabled, or developmentally disabled, is presumed to not have a lack of mental capacity.

Reverse Waiver

• Creates a reverse waiver provision for youth automatically transferred to adult court (mandatory bindover) that would permit transfer back to juvenile court.

Reverse Waiver

• Applies when a youth is convicted of an offense that would not have originally qualified as a mandatory bindover offense.

• Case would go back to juvenile court for juvenile commitment or an amenability hearing to determine whether the adult sentence should be invoked.

Research-informed Practices

• In regards to RECLAIM dollars, encourages research-supported, outcome-based programs and services, to the extent available.

Truancy

• Permits filing of truancy charge against the child, parent, guardian or other person having care of the child

• Section 2152.021

Interagency Task Force

• Creates an Interagency Mental Health Juvenile Justice Task Force to address the challenges of delinquent youth who suffer from serious mental illness or emotional and behavioral disorders.

Interagency Task Force

• Six (6) month Task Force – Report due 3.31.2012• Representatives include:

– Ohio Supreme Court– Governor’s Office– House– Senate– ODYS– ODMH– Juvenile Judges– Public Defenders– Prosecutors – Academic institutions– Other experts

Clean-up Issues

• Section 2152.121(B)(b)• Prosecutor Objection– Permits prosecutor, upon the return bindover, to

file a motion in juvenile court that objects to the imposition of a SYO disposition and requests te sentence imposed to the general division be invoked.

– Needs a timeline for the objection

Clean-up Issues

• Section 2152.12(B)(3)(a)• Mandatory SYO upon return bindover– Requires juvenile court upon the return of a

juvenile to juvenile court to impose a SYO dispositional sentence.

Clean-up Issues

• Sections 2152.12 and 2152.121• Return bindovers for 14 and 15 year olds– Currently, return bindovers are only available for

16 and 17 year olds, should be available for 14 and 15 year olds.

Clean-up Issues

• Sections 2152.121(B)(2) and (B)(3)• Juvenile waiver– Provide provision giving juvenile the right to waive

the return bindover procedure if satisfied with sentence/plea agreement from general division

Thank you