Ohio § 2152.17

§ 2152.17.

(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 , 2941.144 , 2941.145 , 2941.146 , 2941.1412 , 2941.1414 , or 2941.1415 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 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 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 2941.1415 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 , 2941.146 , or 2941.1412 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 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)(1) 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, if the court determines that the

child is complicit in another person's conduct that is of such a nature that the other

person would be guilty of a specification of the type set forth in section 2941.141 , 2941.144 , 2941.145 , or 2941.146 of the Revised Code if the other person was an adult, if the other person's conduct relates to the child's

underlying delinquent act, and if the child did not furnish, use, or dispose of any

firearm that was involved with the underlying delinquent act or with the other person's

specification-related conduct, in addition to any other disposition the court imposes

for the underlying delinquent act, the court may commit the child to the department

of youth services for the specification for a definite period of not more than one

year, subject to division (D)(2) of this section. (2) Except as provided in division (B)(1) of this section, division (A) of this section

also applies to a child who is an accomplice regarding a specification of the type

set forth in section 2941.1412 , 2941.1414 , or 2941.1415 of the Revised Code to the same extent the 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 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 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.