NCJ Number
52823
Journal
Ohio State Law Journal Volume: 39 Issue: 2 Dated: (1978) Pages: 273-305
Date Published
1978
Length
33 pages
Annotation
THE CORRECTIONAL POTENTIAL OF JUVENILE CODE REFORM LEGISLATION IN OHIO (HOUSE BILL 460) IS ASSESSED IN A PROVISION-BY-PROVISION ANALYSIS OF THE BILL.
Abstract
THE RATIONALE, LONG-RANGE GOALS, AND IMMEDIATE PRIORITIES OF THE TASK FORCE THAT DEVELOPED THE BILL ARE REVIEWED. STATUTORY PROVISIONS ADDRESSING SPECIFIC TASK FORCE GOALS ARE ANALYZED TOGETHER WITH OTHER PROVISIONS THAT WERE ADDED BY THE LEGISLATIVE COMMITTEE THAT REVIEWED THE BILL. THE ORIGINAL BILL ELIMINATES INSTITUTIONALIZATION OF STATUS OFFENDERS, MANDATES A TRAINING PROGRAM FOR JUVENILE CORRECTIONAL WORKERS, ESTABLISHES MAXIMUM TERMS OF COMMITMENT FOR YOUTHS, LIMITS THE LENGTH OF TIME A COURT CAN RETAIN JURISDICTION ON THE BASIS OF A SINGLE OFFENSE, AND ESTABLISHES MINIMUM AGE LEVELS FOR COMMITMENT. IT ELIMINATES USE OF JAILS FOR DETENTION AND TREATMENT, RESTRICTS COURT JURISDICTION OVER STATUS OFFENDERS, EXTENDS JUVENILE COURT JURISDICTION OVER PARENTS AND FAMILIES NEEDING SOCIAL SERVICES, PROVIDES FOR THE EARLY EMANCIPATION OF MATURE AND SELF-SUFFICIENT JUVENILES, CALLS FOR INCREASED USE OF COMMUNITY FACILITIES AND PROGRAMS, AND GRANTS THE STATE YOUTH COMMISSION AUTHORITY TO PROMULGATE MINIMUM STANDARDS AND TO ALLOCATE RESOURCES AWAY FROM STATE INSTITUTIONAL PROGRAMS AND TOWARD COMMUNITY TREATMENT PROGRAMS. THE ORIGINAL BILL PROVIDES THE STATE'S FIRST STATUTORY BASIS FOR INTAKE AND DIVERSION AND MANDATES PROSECUTORIAL INVOLVEMENT IN THESE DECISIONS. IT IMPLEMENTS THE LEAST RESTRICTIVE ALTERNATIVE DOCTRINE BY REQUIRING WRITTEN OPINIONS EXPLAINING DISPOSITIONAL DECISIONS. THE BILL MANDATES AN END TO DISCRIMINATION IN THE COMMITMENT OF 'UNRULY' FEMALES, PROVIDES FOR COURT MONITORING OF TREATMENT FACILITIES AND FOR PUBLIC MONITORING OF THE COURT'S PERFORMANCE OF THAT FUNCTION, AND CALLS FOR INCREASED MONITORING OF THE JUVENILE COURTS BY THE APPELLATE COURTS. THE BILL ALSO PROHIBITS COMMINGLING OF NONCRIMINAL OFFENDERS WITH SERIOUS OFFENDERS, PROVIDES FOR BAIL IN CERTAIN JUVENILE CASES, MANDATES CONSIDERATION OF JUVENILE RECORDS IN SENTENCING AFTER WAIVER TO A CRIMINAL COURT, AND OPENS UP JUVENILE COURT HEARINGS AND OTHER PROCESSES TO PUBLIC SCRUTINY. ALTHOUGH THE LEGISLATIVE COMMITTEE MODIFIED MANY PROVISIONS (E.G., THOSE CONCERNING COURT JURISDICTION OVER PARENTS, EMANCIPATION, AND PROSECUTORIAL INVOLVEMENT), IT IS CONCLUDED THAT THE RESULTING AMENDED BILL REPRESENTS A MEASURABLE IMPROVEMENT OVER OHIO'S EXISTING JUVENILE CODE AND SHOULD NOT BE JEOPARDIZED BY ATTEMPTS TO RESTORE THE TASK FORCE'S PROPOSAL INTACT. (AUTHOR ABSTRACT MODIFIED--LKM)