Ohio § 2152.16

§ 2152.16.

(A)(1) If a child is adjudicated a delinquent child for committing an act that would be

a felony if committed by an adult, the juvenile court may commit the child to the

legal custody of the department of youth services for secure confinement as follows: (a) For an act that would be aggravated murder or murder if committed by an adult, until

the offender attains twenty-one years of age; (b) For a violation of section 2923.02 of the Revised Code that involves an attempt to commit an act that would be aggravated murder or murder

if committed by an adult, a minimum period of six to seven years as prescribed by

the court and a maximum period not to exceed the child's attainment of twenty-one

years of age; (c) For a violation of section 2903.03 , 2905.01 , 2909.02 , or 2911.01 or division (A) of section 2903.04 of the Revised Code or for a violation of any provision of section 2907.02 of the Revised Code other than division (A)(1)(b) of that section when the sexual conduct or insertion

involved was consensual and when the victim of the violation of division (A)(1)(b)

of that section was older than the delinquent child, was the same age as the delinquent

child, or was less than three years younger than the delinquent child, for an indefinite

term consisting of a minimum period of one to three years, as prescribed by the court,

and a maximum period not to exceed the child's attainment of twenty-one years of age; (d) If the child is adjudicated a delinquent child for committing an act that is not

described in division (A)(1)(b) or (c) of this section and that would be a felony

of the first or second degree if committed by an adult, for an indefinite term consisting

of a minimum period of one year and a maximum period not to exceed the child's attainment

of twenty-one years of age. (e) For committing an act that would be a felony of the third, fourth, or fifth degree

if committed by an adult or for a violation of division (A) of section 2923.211 of the Revised Code , for an indefinite term consisting of a minimum period of six months and a maximum

period not to exceed the child's attainment of twenty-one years of age. (2) In each case in which a court makes a disposition under this section, the court retains

control over the commitment for the minimum period specified by the court in divisions

(A)(1)(a) to (e) of this section.  During the minimum period, the department of youth services shall not move the child

to a nonsecure setting without the permission of the court that imposed the disposition. (B)(1) Subject to division (B)(2) of this section, if a delinquent child is committed to

the department of youth services under this section, the department may release the

child at any time after the minimum period specified by the court in division (A)(1)

of this section ends. (2) A commitment under this section is subject to a supervised release or to a discharge

of the child from the custody of the department for medical reasons pursuant to section 5139.54 of the Revised Code , but, during the minimum period specified by the court in division (A)(1) of this

section, the department shall obtain court approval of a supervised release or discharge

under that section. (C) If a child is adjudicated a delinquent child, at the dispositional hearing and prior

to making any disposition pursuant to this section, the court shall determine whether

the delinquent child previously has been adjudicated a delinquent child for a violation

of a law or ordinance.  If the delinquent child previously has been adjudicated a delinquent child for a

violation of a law or ordinance, the court, for purposes of entering an order of disposition

of the delinquent child under this section, shall consider the previous delinquent

child adjudication as a conviction of a violation of the law or ordinance in determining

the degree of the offense the current act would be had it been committed by an adult.  This division also shall apply in relation to the imposition of any financial sanction

under section 2152.19 of the Revised Code .