Ohio § 2152.14

§ 2152.14.

(A)(1) The director of youth services may request the prosecuting attorney of the county

in which is located the juvenile court that imposed a serious youthful offender dispositional

sentence upon a person under section 2152.121 or 2152.13 of the Revised Code to file a motion with that juvenile court to invoke the adult portion of the dispositional

sentence if all of the following apply to the person: (a) The person is at least fourteen years of age. (b) The person is in the institutional custody, or an escapee from the custody, of the

department of youth services. (c) The person is serving the juvenile portion of the serious youthful offender dispositional

sentence. (2) The motion shall state that there is reasonable cause to believe that either of the

following misconduct has occurred and shall state that at least one incident of misconduct

of that nature occurred after the person reached fourteen years of age: (a) The person committed an act that is a violation of the rules of the institution and

that could be charged as any felony or as a first degree misdemeanor offense of violence

if committed by an adult. (b) The person has engaged in conduct that creates a substantial risk to the safety or

security of the institution, the community, or the victim. (B) If a person is at least fourteen years of age, is serving the juvenile portion of

a serious youthful offender dispositional sentence imposed under section 2152.121 or 2152.13 of the Revised Code , and is on parole or aftercare from a department of youth services facility, or on

community control, the director of youth services, the juvenile court that imposed

the serious youthful offender dispositional sentence on the person, or the probation

department supervising the person may request the prosecuting attorney of the county

in which is located the juvenile court to file a motion with the juvenile court to

invoke the adult portion of the dispositional sentence.  The prosecuting attorney may file a motion to invoke the adult portion of the dispositional

sentence even if no request is made.  The motion shall state that there is reasonable cause to believe that either of

the following occurred and shall state that at least one incident of misconduct of

that nature occurred after the person reached fourteen years of age: (1) The person committed an act that is a violation of the conditions of supervision

and that could be charged as any felony or as a first degree misdemeanor offense of

violence if committed by an adult. (2) The person has engaged in conduct that creates a substantial risk to the safety or

security of the community or of the victim. (C) If the prosecuting attorney declines a request to file a motion that was made by

the department of youth services or the supervising probation department under division

(A) or (B) of this section or fails to act on a request made under either division

by the department within a reasonable time, the department of youth services or the

supervising probation department may file a motion of the type described in division

(A) or (B) of this section with the juvenile court to invoke the adult portion of

the serious youthful offender dispositional sentence.  If the prosecuting attorney declines a request to file a motion that was made by

the juvenile court under division (B) of this section or fails to act on a request

from the court under that division within a reasonable time, the juvenile court may

hold the hearing described in division (D) of this section on its own motion. (D) Upon the filing of a motion described in division (A), (B), or (C) of this section,

the juvenile court may hold a hearing to determine whether to invoke the adult portion

of a person's serious juvenile offender dispositional sentence.  The juvenile court shall not invoke the adult portion of the dispositional sentence

without a hearing.  At the hearing the person who is the subject of the serious youthful offender disposition

has the right to be present, to receive notice of the grounds upon which the adult

sentence portion is sought to be invoked, to be represented by counsel including counsel

appointed under Juvenile Rule 4(A) , to be advised on the procedures and protections set forth in the Juvenile Rules,

and to present evidence on the person's own behalf, including evidence that the person

has a mental illness or intellectual disability.  The person may not waive the right to counsel.  The hearing shall be open to the public.  If the person presents evidence that the person has a mental illness or intellectual

disability, the juvenile court shall consider that evidence in determining whether

to invoke the adult portion of the serious youthful offender dispositional sentence. (E)(1) The juvenile court may invoke the adult portion of a person's serious youthful offender

dispositional sentence if the juvenile court finds all of the following on the record

by clear and convincing evidence: (a) The person is serving the juvenile portion of a serious youthful offender dispositional

sentence. (b) The person is at least fourteen years of age and has been admitted to a department

of youth services facility, or criminal charges are pending against the person. (c) The person engaged in the conduct or acts charged under division (A), (B), or (C)

of this section, and the person's conduct demonstrates that the person is unlikely

to be rehabilitated during the remaining period of juvenile jurisdiction. (2) The court may modify the adult sentence the court invokes to consist of any lesser

prison term that could be imposed for the offense and, in addition to the prison term

or in lieu of the prison term if the prison term was not mandatory, any community

control sanction that the offender was eligible to receive at sentencing. (F) If a juvenile court issues an order invoking the adult portion of a serious youthful

offender dispositional sentence under division (E) of this section, the juvenile portion

of the dispositional sentence shall terminate, and the department of youth services

shall transfer the person to the department of rehabilitation and correction or place

the person under another sanction imposed as part of the sentence.  The juvenile court shall state in its order the total number of days that the person

has been held in detention or in a facility operated by, or under contract with, the

department of youth services under the juvenile portion of the dispositional sentence.  The time the person must serve on a prison term imposed under the adult portion

of the dispositional sentence shall be reduced by the total number of days specified

in the order plus any additional days the person is held in a juvenile facility or

in detention after the order is issued and before the person is transferred to the

custody of the department of rehabilitation and correction.  In no case shall the total prison term as calculated under this division exceed

the maximum prison term available for an adult who is convicted of violating the same

sections of the Revised Code. Any community control imposed as part of the adult sentence or as a condition of a

judicial release from prison shall be under the supervision of the entity that provides

adult probation services in the county.  Any post-release control imposed after the offender otherwise is released from prison

shall be supervised by the adult parole authority.