Chapter 5139-68 Release and Discharge Procedures

5139-68-01 Definitions.

For the purpose of implementing Chapter 5139-68 of the Administrative Code, the following terms have the following definitions:

(A) Discharge review is defined as a process whereby the release authority considers whether a termination of the legal custody of the youth to the the Ohio department of youth services is appropriate.

(B) Institutionalization is defined and shall have the same meaning as institution defined in division (A)(4) of section 5139.01 of the Revised Code.

(C) Paper review is defined as a consideration of the youth's case, whether for a periodic or discharge review decision, through reference to appropriate and necessary documentation contained in the youth's the Ohio department of youth services file.

(D) Parent institution is defined as the the Ohio department of youth services facility assigned as the youth's permanent place of incarceration prior to release. Temporary transfers to other facilities may occur for programmatic or administrative purposes.

(E) Periodic review is defined as a process whereby the release authority reviews the youth's case file and considers whether a youth's release from institutionalization on a specified date in the future, the presumptive release date, is appropriate or whether components of the youth's case plan justify an adjustment of the youth's release date.

(F) Presumptive discharge date is defined as the tentative month, day and year upon which the youth is projected to be discharged from the legal custody of the the Ohio department of youth services.

(G) Presumptive release date is defined as the tentative month, day and year upon which a youth is projected to be released from institutionalization.

(H) Youth is defined and shall have the same meaning as child defined in division

(B)(1)(a) of section 2151.011 of the Revised Code.

(I) Hearing is defined as a session, conducted by a member of the Release Authority either by telephone, electronic media or in person whereby testimony is taken from witnesses and is used to make a release or discharge decision.

R.C. 119.032 review dates: 09/25/2008 and 09/25/2013

Promulgated Under: 119.03

Statutory Authority: 5139.04(E)

Rule Amplifies: 5139.50

Prior Effective Dates: 7/1/98, 12/12/03

5139-68-02 Disposition investigation report and transfer of physical custody.

The Ohio department of youth services and the court shall adhere to the following:

(A) The Ohio department of youth services shall develop and furnish to all juvenile courts a standard disposition investigation report which the court will complete and submit to the Ohio department of youth services at the time the court transfers physical custody of the youth to the Ohio department of youth services. The report shall not be modified in anyway and each section must be completed with the most current information.

(1) The report may include but is not limited to sections pertaining to instant offense information, victim information, victim impact statement, prior court referrals, family member information, current level of family functioning, offense history of family member(s), youth's religion, youth's school history, youth's employment, youth's mental retardation, developmental disability and/or mental health issues, youth's medical information, youth's alcohol & drug history, personal/social data, youth's social security number, youth's self-assessment of strengths and weaknesses, youth's assessment of family strengths and weaknesses, summary or impressions, and recommendations for disposition;

(2) Periodically, the Ohio department of youth services may evaluate and modify the standard disposition investigation report if deemed appropriate. The courts will be notified of any changes thirty days in advance of implementation and are required to utilize the modified report as outlined in this rule.

(B) When the court commits a youth to the Ohio department of youth services the court shall, at the time of transfer of physical custody of the youth, provide the following documents:

(1) The youth's medical records;

(2) A copy of the report of any mental examination of the youth ordered by the court;

(3) The section or sections of the Ohio Revised Code violated by the youth and the degree of each violation;

(4) The warrant to convey the youth to the department;

(5) A copy of the court's journal entry ordering the commitment of the youth to the legal custody of the Ohio department of youth services; and

(6) A current copy of the standard disposition investigation report.

(C) The Ohio department of youth services may refuse to accept physical custody of a delinquent youth who is committed to the legal custody of the Ohio department of youth services until the court provides to the Ohio department of youth services the documents specified in paragraph (B) of this rule. No officer or employee of the Ohio department of youth services who refuses to accept physical custody of a delinquent youth committed to the legal custody of the Ohio department of youth services shall be subject to prosecution or contempt of court for refusal to accept a youth if the court fails to provide the documents specified in paragraph (B) of this rule.

R.C. 119.032 review dates: 03/24/2014 and 03/24/2019
Promulgated Under: 119.03
Statutory Authority: 5139.04
Rule Amplifies: 2151.355 , 5139.04 , 2152.18
Prior Effective Dates: 7/01/98, 12/12/03, 9/25/08

5139-68-03 Release authority procedures.

(A) Within thirty days, if possible, of the transfer of physical custody of a youth to the Ohio department of youth services, a release authority member or hearing officer shall initially establish a presumptive release date for that youth. The presumptive release date shall specify the day, month and year of the youth's expected release from institutionalization.

(B) In establishing a youth's presumptive release date from institutionalization, the release authority shall consider at least the following factors:

(1) The judicially prescribed minimum period of institutionalization based upon felony level or category of offense as stated in the journal entry minus any detention credits;

(2) The risk level of a youth to re-offend;

(3) The youth's treatment needs;

(4) Any harm or injury to the victim(s),

(5) Any aggravating or mitigating factors pursuant to paragraphs (C) and (D) of this rule except any factors which constitute an element of the committing offense or offenses which the committing court considered in determining the disposition of the youth's case shall not be considered by the release authority in setting the youth's presumptive release date; and

(6) Any other relevant information requested by the release authority related to the youth's case.

(C) Aggravating factors which may be considered by the release authority as referenced in paragraph (B)(5) of this rule include:

(1) Production, possession, theft, or use of a weapon or dangerous ordinance;

(2) Documented physical or verbal threats of violence towards victim(s) or witness(es);

(3) The youth knew or had reason to know the victim was particularly vulnerable;

(4) The youth's ability to make reparation and failure to do so, (reparation includes restitution, community service or any other action designed to reduce victim harm or increase offender accountability). This factor applies only to youth having prior or suspended the Ohio department of youth services commitments;

(5) Degree of harm or loss is greater than characteristic for the offense;

(6) There is a single adjudication for an offense involving multiple victims;

(7) Prior adjudication(s) for domestic violence or other assaultive offenses;

(8) Program/treatment requirements;

(9) Judicial minimum term in excess of the presumptive release date established in paragraph (C) of this rule; and

(10) Any prior Ohio department of youth services commitment or revocation.

(D) Mitigating factors which may be considered by the release authority as referenced in paragraph (B)(5) of this rule include:

(1) Effort to make reparation or other evidence of accepting responsibility and/or remorse;

(2) Degree of harm or loss was substantially less than characteristic for offense;

(3) Special efforts on the part of the youth to minimize harm or risk involved in the offense;

(4) Peripheral involvement in the offense (passive accessory);

(5) Written or oral public support for a youth's release from institutionalization;

(6) A period of post-release supervision following institutionalization, after the judicially prescribed minimum sentence has expired, would benefit the youth's rehabilitation over discharging the youth from the Ohio department of youth services legal custody at age twenty-one through release from institutionalization without post-release supervision;

(7) No physical or verbal threats of violence toward victim(s) or witness(ES); and

(8) No prior or suspended the Ohio department of youth services commitments or revocations.

(E) Upon the establishment of a youth's presumptive release date, the release authority shall set a date on or about which the youth's case shall next be considered for review or release. The release authority may review a youth's case through a paper review or a hearing conducted by a hearing panel, or hearing held pursuant to paragraph (H) of this rule, according to the following procedures:

(F) The release authority may periodically review the case of each youth with a presumptive release date greater than or equal to one year. At least thirty days before the presumptive release date, the release authority shall review the youth's case for the purpose of determining whether the youth shall be released from institutionalization on the specified presumptive release date.

(G) The release authority may periodically review the case of each youth with a presumptive release date of less than one year at least thirty days before that presumptive release date for the purpose of determining whether the youth shall be released from institutionalization on the specified presumptive release date.

(H) In making a release review determination, as appropriate, the release authority shall take into consideration the information provided by any statutorily authorized party including the victim or victim's representative, and may take into consideration at a minimum any of the following additional factors in determining if there are significant barriers to a youth's release as it relates to accountability, competency development and public safety:

(1) Any change in the risk level of the youth to re-offend;

(2) The youth's progress toward case plan objectives and amenability to treatment;

(3) Any recommendations made by the staff of the Ohio department of youth services or any provider with which the Ohio department of youth services has contracted;

(4) Any disciplinary issues concerning the youth's conduct while in the institution, and may reduce any disciplinary time given in order to release a youth;

(5) The youth's completion of any recommended provisions of his or her commitment by the court if the Ohio department of youth services, through the release authority, has made such provision a required case plan objective; and

(6) Any other relevant information requested by the release authority related to the youth's case.

(I) Upon the release authority's periodic review determination, the release authority shall set a date on or about which the youth's case shall next be considered or shall set a final date upon which the youth is projected to be released from institutionalization. The final date of release may be adjusted for any disciplinary time added during the remaining period of institutionalization. Upon a final decision to release a youth from institutionalization, the release authority shall also specify a presumptive discharge date for the youth from the Ohio department of youth services. The final discharge date may be adjusted for any serious issues related to the youth's adjustment to the community during the period of supervised release or based upon the factors set out in paragraph (M) of this rule.

(J) The release authority may conduct hearings pursuant to board policy adopted by a majority of the board for the purpose of deciding for or against the release from institutionalization of a youth committed to the Ohio department of youth services.

(1) At a hearing conducted by the release authority, the release authority or other staff of the Ohio department of youth services shall make all reasonable efforts to ensure the victim, victim's representative and victim support person(s) does not come into visual, sound or physical contact with the youth, if the youth is present at the hearing, or other parties accompanying or representing the youth for support including family members or legal representatives;

(2) Following a hearing by the release authority or a hearing panel, if either the youth and/or victim or victim's representative is present, the recommended decision shall be communicated immediately, subject to an explanation that the full release authority, or a quorum thereof, must approve the recommendation, to the youth and/or victim or victim's representative unless, in the judgment of the hearing body, an undue security risk would thereby be created; and,

(3) A youth does not have a right to be present at a hearing conducted by the release authority. The youth may submit a written statement to the release authority for consideration in making its decision. The youth may additionally have a representative including a family member, adult personal friend, clergy or attorney, attend the hearing. The youth's representative may provide oral and/or written testimony at the hearing, or may submit a written statement to the release authority for consideration in making its decision in lieu of attending the hearing.

(K) At least thirty days before the presumptive discharge date of a youth from the Ohio department of youth services, the release authority shall conduct a discharge review or hearing for the purpose of determining whether the youth shall be discharged from the legal custody of the Ohio department of youth services based upon the youth's performance in complying with the supervised release plan including rules of parole.

(L) In making a discharge review determination the release authority shall take into consideration the information provided by any statutorily authorized party including the victim or victim's representative, and may take into consideration any of the following additional factors in determining if there are significant barriers to a youth's discharge as it relates to accountability, competency development and public safety::

(1) Any change in the risk level of the youth to re-offend;

(2) The youth's progress toward case plan objectives;

(3) The youth's completion of any recommended provision(s) of his or her commitment if the Ohio department of youth services through the release authority has made such provision(s) a required case plan objective;

(4) The youth's age and amenability to treatment; and

(5) Any other relevant information requested by the release authority related the youth's case.

(M) If a youth completes more than one year of supervised release as measured from the date of release from the institution or the youth is on supervised release beyond on year from the date of completion of any minimum period or period of institutionalization in the custody of the Ohio department of youth services as required by law, the youth may request in writing that the release authority conduct a discharge review of his/her case. The youth shall provide a written request for a discharge review to the release authority specifying the youth's name and a statement explaining the reason for the requested discharge review. The release authority shall conduct a discharge review in a timely manner and shall notify the youth of the discharge review decision and the grounds for the decision within five business days after the decision is finalized.

(N) A youth does not have the right to appeal any release or discharge decision made by the release authority. If significant release information should become available or is discovered after a decision has been made, the youth with assistance from his/her representative, institutional or regional personnel, may request in writing that a special review be conducted, explaining the contents of the significant information or newly discovered information. The release authority board member assigned to the case can either approve the request and conduct a review or hearing, or can deny the request without conducting a review or hearing.

R.C. 119.032 review dates: 09/25/2008 and 09/25/2013

Promulgated Under: 119.03

Statutory Authority: 5139.04(E)

Rule Amplifies: 5139.50

Prior Effective Dates: 7/1/98, 12/12/03

5139-68-04 Appeals process. [Rescinded].

Rescinded eff 12-12-03