2018 Ohio 1609
Ohio Ct. App.2018Background
- J.A., adjudicated delinquent in 2014 for rape (2013 JCR 02758), had a DYS one-year minimum commitment stayed and placed on community control; remanded to MJAC several times on subsequent probation-violation complaints.
- Between Dec 4, 2013 and June 22, 2017 J.A. was confined at MJAC and placed at Mohican Youth Academy as part of dispositions in multiple juvenile cases (not all resulted in separate dispositions).
- In June 2017 the juvenile court imposed the prior DYS commitment and credited J.A. with 41 days confinement; J.A. moved to vacate arguing he was entitled to 473 days credit for all confinement "in connection with" the original delinquency.
- The juvenile court denied the motion but added 89 days credit for Dec 4, 2013–Mar 3, 2014; J.A. appealed the remainder of the denial.
- The Fifth District reviewed (de novo) whether time in MJAC and at Mohican Youth Academy counted as confinement under R.C. 2152.18(B) and whether confinement for probation-violation matters must be credited to the original delinquency commitment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether confinement for a violation-of-prior-court-order adjudication (R.C. 2152.02) must be credited to the original delinquency commitment | J.A.: time confined on probation-violation complaints is "in connection with" the original complaint and must be credited toward the DYS minimum | State: confinement ordered on the separate violation adjudications need not be applied back to the original commitment | Held: Credit for confinement on probation-violation matters relates back to the original delinquency; court must award 90 days (June 3–Aug 31, 2016) credit toward the DYS minimum |
| Whether time at Mohican Youth Academy constitutes "confinement" under R.C. 2152.18(B) and thus must be credited | J.A.: time at Mohican was restrictive and should be credited toward the DYS commitment | State: disputed or insufficiently proven to be confinement | Held: Record lacked evidence about Mohican's security/control; case remanded for factfinding whether Mohican time was "confinement" per Napier and, if so, how many days to credit |
Key Cases Cited
- State v. Fugate, 117 Ohio St.3d 261 (discusses constitutional and statutory bases for jail-time credit)
- State v. Napier, 93 Ohio St.3d 646 (entry into a secure community-based corrections facility can constitute confinement)
- In re Thomas, 100 Ohio St.3d 89 (time held on probation violation relates back and must be credited to original delinquency)
- In re J.F., 121 Ohio St.3d 76 (explains changes from "probation" to "community control" in juvenile dispositions)
- In re D.S., 148 Ohio St.3d 390 (interprets "in connection with" language and supports crediting detention on probation violations to original disposition)