Does Juvenile’s Release from Community Control Bar Court From Later Reimposing Suspended Sentence?
In Re: J. F., a Minor Child, Case no. 2007-2239 2nd District Court of Appeals (Greene County) ISSUE: When a juvenile offender’s sentence includes a term of commitment (incarceration) with the Ohio Department of Youth Services (DYS), but that term is suspended on conditions of community control and successful completion of “monitored time” until the age of 18, does a subsequent court order releasing the offender from community control bar a juvenile court from later reimposing the suspended term of commitment to DYS if the offender commits a new offense prior his 18th birthday? BACKGROUND: In this case, the Court is asked to determine whether a court that has officially released a juvenile offender from “intensive community control” imposed for prior offenses retains jurisdiction over that juvenile by virtue of a separate requirement in its sentencing order requiring the juvenile to successfully complete “monitored time” until he reaches the age of 18. In February 2004, a juvenile ident