Ohio Code 2152.121 – Retention of jurisdiction for purposes of making disposition
(A) If a complaint is filed against a child alleging that the child is a delinquent child and the case is transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code, the juvenile court that transferred the case shall retain jurisdiction for purposes of making disposition of the child when required under division (B) of this section.
Terms Used In Ohio Code 2152.121
- Child: means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (8) of this section. See Ohio Code 2152.02
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Delinquent child: includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter, including a child who violates a court order regarding the child's prior adjudication as an unruly child for being an habitual truant;
(3) Any child who violates any lawful order of the court made under Chapter 2151 of the Revised Code other than an order issued under section 2151. See Ohio Code 2152.02
- Discretionary transfer: means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152. See Ohio Code 2152.02
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mandatory transfer: means that a case is required to be transferred for criminal prosecution under division (A) of section 2152. See Ohio Code 2152.02
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Serious youthful offender: means a person who is eligible for a mandatory SYO or discretionary SYO but who is not transferred to adult court under a mandatory or discretionary transfer and also includes, for purposes of imposition of a mandatory serious youthful dispositional sentence under section 2152. See Ohio Code 2152.02
- Traditional juvenile: means a case that is not transferred to adult court under a mandatory or discretionary transfer, that is eligible for a disposition under sections 2152. See Ohio Code 2152.02
- Transfer: means , except with respect to a transfer from a criminal court to a juvenile court under section 2152. See Ohio Code 2152.02
(B) If a complaint is filed against a child alleging that the child is a delinquent child, if the case is transferred pursuant to division (A)(1)(a)(i) or (A)(1)(b)(ii) of section 2152.12 of the Revised Code, and if the child subsequently is convicted of or pleads guilty to one or more offenses in that case, the sentence to be imposed or disposition to be made of the child with respect to each of the offenses shall be determined as follows:
(1) The court in which the child is convicted of or pleads guilty to the offenses shall determine whether, had a complaint been filed in juvenile court alleging that the child was a delinquent child for committing an act that would be any of the offenses if committed by an adult, division (A) of section 2152.12 of the Revised Code would have required mandatory transfer of the case or division (B) of that section would have allowed discretionary transfer of the case. The court shall not consider the factor specified in division (B)(3) of section 2152.12 of the Revised Code in making its determination under this division.
(2) If the court in which the child is convicted of or pleads guilty to the offenses determines under division (B)(1) of this section that, had a complaint been filed in juvenile court alleging that the child was a delinquent child for committing an act that would be any of the offenses if committed by an adult, division (A) of section 2152.12 of the Revised Code would not have required mandatory transfer of the case, and division (B) of that section would not have allowed discretionary transfer of the case, the court shall transfer jurisdiction of the case back to the juvenile court that initially transferred the case, the court and all other agencies that have any record of the conviction of the child or the child’s guilty plea shall expunge all of the convictions and guilty pleas and all records of them, the convictions and guilty pleas shall be considered and treated for all purposes other than as provided in this section to have never occurred, the convictions and guilty pleas shall be considered and treated for all purposes other than as provided in this section to have been delinquent child adjudications of the child, and the juvenile court shall impose one or more traditional juvenile dispositions on the child under sections 2152.19 and 2152.20 of the Revised Code for each of the offenses.
(3) If the court in which the child is convicted of or pleads guilty to the offenses determines under division (B)(1) of this section that, had a complaint been filed in juvenile court alleging that the child was a delinquent child for committing an act that would be any of the offenses if committed by an adult, division (A) of section 2152.12 of the Revised Code would not have required mandatory transfer of the case but division (B) of that section would have allowed discretionary transfer of the case, the court shall determine the sentence it believes should be imposed on the child under Chapter 2929 of the Revised Code for each of the offenses, shall impose that sentence on the child, and shall stay that sentence pending completion of the procedures specified in this division. Upon imposition and staying of the sentence, the court shall transfer jurisdiction of the case back to the juvenile court that initially transferred the case and the juvenile court shall proceed in accordance with this division. In no case may the child waive a right to a hearing of the type described in division (B)(3)(b) of this section, regarding a motion filed as described in that division by the prosecuting attorney in the case. Upon transfer of jurisdiction of the case back to the juvenile court, both of the following apply:
(a) Except as otherwise provided in division (B)(3)(b) of this section, for each of the offenses, the juvenile court shall impose a serious youthful offender dispositional sentence on the child under division (D)(1) of section 2152.13 of the Revised Code. In imposing the adult portion of the serious youthful offender dispositional sentence, the juvenile court shall consider and give preference to the sentence imposed on the child by the court in which the child was convicted of or pleaded guilty to the offense. Upon imposing a serious youthful offender dispositional sentence or traditional juvenile disposition on the child as described in this division, the juvenile court shall notify the court in which the child was convicted of or pleaded guilty to the offense, the sentence imposed on the child by that court shall terminate, the court and all other agencies that have any record of the conviction of the child or the child’s guilty plea shall expunge the conviction or guilty plea and all records of it, the conviction or guilty plea shall be considered and treated for all purposes other than as provided in this section to have never occurred, and the conviction or guilty plea shall be considered and treated for all purposes other than as provided in this section to have been a delinquent child adjudication of the child.
(b) Within fourteen days after the filing of the journal entry regarding the transfer, the prosecuting attorney in the case may file a motion in the juvenile court that objects to the imposition of serious youthful offender dispositional sentences on the child for the offenses and requests that the sentences imposed on the child by the court in which the child was convicted of or pleaded guilty to the offenses be invoked. Upon the filing of a motion under this division, the juvenile court shall hold a hearing to determine whether the child is not amenable to care or rehabilitation within the juvenile system and whether the safety of the community may require that the child be subject solely to adult sanctions. If the juvenile court at the hearing finds that the child is not amenable to care or rehabilitation within the juvenile system or that the safety of the community may require that the child be subject solely to adult sanctions, the court shall grant the motion. Absent such a finding, the juvenile court shall deny the motion. In making its decision under this division, the juvenile court shall consider the factors listed in division (D) of section 2152.12 of the Revised Code as factors indicating that the motion should be granted, shall consider the factors listed in division (E) of that section as factors indicating that the motion should not be granted, and shall consider whether the applicable factors listed in division (D) of that section outweigh the applicable factors listed in division (E) of that section.
If the juvenile court grants the motion of the prosecuting attorney under this division, the juvenile court shall transfer jurisdiction of the case back to the court in which the child was convicted of or pleaded guilty to the offenses, and the sentences imposed by that court shall be invoked. If the juvenile court denies the motion of the prosecuting attorney under this section, for each of the offenses, the juvenile court shall impose a serious youthful offender dispositional sentence on the child in accordance with division (B)(3)(a) of this section.
(4) If the court in which the child is convicted of or pleads guilty to the offenses determines under division (B)(1) of this section that, had a complaint been filed in juvenile court alleging that the child was a delinquent child for committing an act that would be any of the offenses if committed by an adult, division (A) of section 2152.12 of the Revised Code would have required mandatory transfer of the case, for each of the offenses, the court shall impose sentence on the child under Chapter 2929 of the Revised Code.
Last updated March 8, 2023 at 10:58 AM