Ohio Code 5139.38 – Transferring felony delinquent to community facility for supervised treatment prior to ordering release
Within ninety days prior to the expiration of the prescribed minimum period of institutionalization of a felony delinquent committed to the department of youth services and with prior approval of the committing court, the department may transfer the felony delinquent to a community facility on supervised release as described in section 5139.18 of the Revised Code. For purposes of transfers under this section, both of the following apply:
Terms Used In Ohio Code 5139.38
- 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
- community corrections facility: means a county or multicounty rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139. See Ohio Code 5139.01
- Community residential program: means a program that satisfies both of the following:
(a) It is housed in a building or other structure that has no associated major restraining construction, including, but not limited to, a security fence. See Ohio Code 5139.01
- Felony delinquent: includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department of youth services for having committed an act that if committed by an adult would be a felony. See Ohio Code 5139.01
- Release: means the termination of a child's stay in an institution and the subsequent period during which the child returns to the community under the terms and conditions of supervised release. See Ohio Code 5139.01
(A) The community facility may be a community corrections facility that has received a grant pursuant to section 5139.36 of the Revised Code, a community residential program with which the department has contracted for purposes of this section, or another private entity with which the department has contracted for purposes of this section. Division (E) of section 5139.36 of the Revised Code does not apply in connection with a transfer of a felony delinquent that is made to a community corrections facility pursuant to this section.
(B) During the period in which the felony delinquent is in the community facility, the felony delinquent shall remain in the custody of the department.