Ohio Code 2930.05 – Notice of arrest or detention of offender
(A) Within a reasonable period of time after the arrest or detention of a defendant or an alleged juvenile offender for the underlying criminal offense or delinquent act, the law enforcement agency that investigates the criminal offense or delinquent act shall give the victim and the victim’s representative notice of all of the following:
Terms Used In Ohio Code 2930.05
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Alleged juvenile offender: means a child who is alleged to have committed a delinquent act in a police report or in a complaint in juvenile court that charges the commission of a delinquent act and that provides the basis for the delinquency proceeding and all subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Bond: includes an undertaking. See Ohio Code 1.02
- Case: means a delinquency proceeding and all related activity or a criminal prosecution and all related activity. See Ohio Code 2930.01
- Court: means a court of common pleas, juvenile court, municipal court, or county court. See Ohio Code 2930.01
- Criminal offense: means an alleged act or omission committed by a person that is punishable by incarceration and is not eligible to be disposed of by the traffic violations bureau. See Ohio Code 2930.01
- Custodial agency: means one of the following:
(1) The entity that has custody of a defendant or an alleged juvenile offender who is incarcerated for a criminal offense, is under detention for the commission of a delinquent act, or who is detained after a finding of incompetence to stand trial or not guilty by reason of insanity relative to a criminal offense, including any of the following:
(a) The department of rehabilitation and correction or the adult parole authority;
(b) A county sheriff;
(c) The entity that administers a jail, as defined in section 2929. See Ohio Code 2930.01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means a person who is alleged to be the perpetrator of a criminal offense in a complaint, indictment, or information that charges the commission of a criminal offense and that provides the basis for the criminal prosecution and subsequent proceedings to which this chapter makes reference. See Ohio Code 2930.01
- Delinquent act: means an alleged act committed by a child, regardless of whether the child is competent, that does any of the following and is not disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13. See Ohio Code 2930.01
- Prosecutor: means one of the following:
(1) With respect to a criminal case, it has the same meaning as in section 2935. See Ohio Code 2930.01
(1) The arrest or detention once the investigating law enforcement agency has knowledge of the arrest or detention;
(2) The name of the defendant or alleged juvenile offender once the investigating law enforcement agency has knowledge of the name of the defendant or alleged juvenile offender;
(3) That the defendant or alleged juvenile offender may be eligible for pretrial release or for release from detention;
(4) The telephone number of the law enforcement agency;
(5) The victim’s and the victim’s representative’s right, if applicable, to telephone the custodial agency to ascertain whether the defendant or alleged juvenile offender has been released from custody or from detention;
(6) That, on request of the victim or the victim’s representative, the prosecutor or the prosecutor’s designee shall provide the victim and the victim’s representative, if applicable, with a copy of the terms and conditions of bond;
(7) Procedures for obtaining additional information from the clerk of the court about the time, place, and date of the arraignment or initial appearance of the defendant or alleged juvenile offender;
(8) If the defendant or alleged juvenile offender is arrested or detained by another law enforcement agency, the applicable pick-up radius and whether the investigating law enforcement agency will pick up the defendant or alleged juvenile offender, once the investigating law enforcement agency has knowledge of the defendant’s or alleged juvenile offender’s arrest or detention.
(B)(1) If a defendant or alleged juvenile offender has been released from custody on a bond or personal recognizance or has been released from detention and the prosecutor in the case has received the affidavit of a victim stating that the defendant or alleged juvenile offender, or someone acting at the defendant’s or alleged juvenile offender’s direction, has committed or threatened to commit one or more acts of violence, harassment, or intimidation against the victim, the victim’s family, or the victim’s representative, the prosecutor may file a motion asking the court to reconsider the conditions of the bond or personal recognizance granted to the defendant or alleged juvenile offender or to consider returning the defendant or alleged juvenile offender to detention.
(2) If the prosecutor elects not to file a motion under division (B)(1) of this section, the prosecutor or the prosecutor’s designee shall inform the victim as soon as practicable that the victim or the victim’s attorney may file a petition asking the court to reconsider the conditions of the bond or personal recognizance granted to the defendant or alleged juvenile offender.
Last updated March 9, 2023 at 3:47 PM