Case Information
*1
[Cite as
In re J.A.
,
COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT JUDGES: IN RE: J.A., A MINOR CHILD : Hon. John W. Wise, P.J.
: Hon. W. Scott Gwin, J. : Hon. Craig R. Baldwin, J. :
:
: Case No. 2017CA00187 :
:
: OPINION CHARACTER OF PROCEEDING: Civil appeal from the Stark County Court of
Common Pleas, Juvenile Division, Case No. 2013JCR02758 JUDGMENT: Reversed and Remanded DATE OF JUDGMENT ENTRY: April 24, 2018
APPEARANCES:
For - Appellee For - Appellant
JOHN D. FERRERO VICTORIA BADER Stark County Prosecutor Office of Public Defender BY: KATHLEEN TATARSKY 250 East Broad Street 110 Central Plaza South, Ste. 510 Suite 1400
Canton, OH 44702
Columbus, OH 43215
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[Cite as
In re J.A.
,
Gwin, J.
{¶1} Appellant-minor J.A. appeals the September 6, 2017 Judgment Entry of the Stark County Court of Common Pleas, Juvenile Division overruling his Motion to Vacate.
Facts and Procedural History The instant appeal concerns the calculation and awarding of credit for time
spent by J.A. in confinement during the entirety of his six delinquency dispositions in the juvenile justice system.
Case Number 2013 JCR 02758 On December 4, 2013, a complaint was filed in Stark County Juvenile Court, case number 2013 JCR 02758, alleging that then 14-year-old J.A. was a delinquent child for committing one count of rape, in violation of R.C. 2907.02(A)(1)(b), a felony of the first degree if committed by an adult. On February 11, 2014, J.A. entered a plea of True and was adjudicated a delinquent child. J.A. was remanded to the Multi-County Juvenile Attention Center [“MJAC”] pending a Dispositional Hearing scheduled for March 2, 2014. By Judgment Entry filed March 6, 2014, the juvenile court sentenced J. A. on the original Complaint to a minimum commitment to the Department of Youth Services [“DYS”] for a minimum period of one year. That commitment was stayed and J.A. was given Community Control and released to the custody of The Village Network. Temporary custody was granted to the Stark County Department of Jobs and Family Services. [“SCDJFS”] [1] .
Case Number 2013 JCR 00289
On February 17, 2016, a second complaint alleging a Violation of a Prior Court Order was filed in case number 2016 JCR 00289, alleging that J.A. was a delinquent child for violating the terms of his court-ordered probation for case number 2013 JCR 02758. By Judgment Entry filed March 22, 2016, J.A. was adjudicated delinquent of the probation violation; however, no disposition was ordered [2] . J.A. was released back to the custody of The Village Network.
Case Number 2016 JCR 1231
On June 3, 2016, a third complaint was filed in case number 2016 JCR 01231, alleging that on May 24, 2016, J.A. was a delinquent child for Violation of a Prior Court Order in violation of R.C. 2152.02. J. A. entered a plea of Not True. By Judgment Entry filed July 8, 2016, the juvenile court granted the state’s motion and dismissed the complaint.
Case Number 2016 JCR 01450 On July 7, 2016, a fourth complaint was filed in case number 2016 JCR 01450, alleging that on May 18, 2016, J.A. was a delinquent child for Violation of a Prior Court Order in violation of R.C. 2152.02. On August 5, 2016, J.A. was adjudicated delinquent and remanded to the MJAC pending a Dispositional Hearing scheduled for August 29, 2016 [3] .
{¶8} By Judgment Entry filed August 30, 2016, the Juvenile Court sentenced J.A. to 90-days in the MJAC, with credit for 87 days served. J.A. was ordered to serve the remaining 3 days beginning August 29, 2016 and ending August 31, 2016. The Juvenile Court further ordered that J.A. successfully complete the program at Mohican Youth Academy [4] .
Case Number 2016 JCR 02383
On November 18, 2016, a fifth complaint was filed in case number 2016 JCR 02383, alleging that on or about November 8, 2016 J.A. was a delinquent child for Violation of a Prior Court Order in violation of R.C. 2152.02. J. A. entered a plea of Not True. By Judgment Entry filed January 4, 2016, the juvenile court granted the state’s motion and dismissed the complaint. No disposition was entered [5] .
Case Number 2017 JCR 00845
On May 2, 2017, a sixth complaint was filed in Case Number 2017 JCR 00845, alleging that on or about April 9, 2017 and on or about May 1, 2017 J.A. was a delinquent child for two Violations of a Prior Court Order in violation of R.C. 2152.02. J.A. entered pleas of True on May 12, 2017. The juvenile Court remanded J.A. to the MJAC pending a Dispositional Hearing scheduled for June 12, 2017. By Judgment Entry filed June 20, 2017, the Juvenile Court rescinded the
stay on the prior commitment to DYS and ordered that the prior orders in case number 2013 JCR 02758 and case number 2017 JCR 00845 be imposed. J.A. was committed to DYS for a minimum of one year and no more than his attainment of the age of 21- years. See , Judgment Entry , filed June 20, 2017; T. June 12, 2017 at 21. The Juvenile Court credited J.A. with 41-days confinement towards his minimum DYS sentence.
{¶12} On August 21, 2017, J.A. filed a Motion to Vacate. J.A. argued that the Court failed to award him all the confinement time credit to which he was entitled.
{¶13} By Judgment Entry filed September 6, 2017, the Juvenile Court overruled J.A.’s motion to vacate; however, the Court awarded J.A. an additional 89 days credit for confinement between December 4, 2013 and March 3, 2014.
Assignment of Error J.A. raises one assignment of error, “I. THE STARK COUNTY JUVENILE COURT ERRED WHEN IT DENIED
J.A.'S MOTION TO VACATE HIS VOID COMMITMENT TO THE DEPARTMENT OF
YOUTH SERVICES, BECAUSE THE COURT FAILED TO CREDIT HIM FOR TIME
CONFINED IN CONNECTION TO HIS OFFENSE. IN RE D.S ., 148 OHIO ST.3D 390,
Law and Analysis J.A. contends he is entitled to the total number of days that he has been
confined in connection with the delinquent child complaint upon which the order of commitment is based, including time served pending adjudication and disposition for the original complaint as well as any time served pending adjudication for the subsequent violation of a prior court order cases. J.A. argues he is entitled to credit for 473 days of confinement.
STANDARD OF APPELLATE REVIEW
“‘When a court’s judgment is based on an erroneous interpretation of the
law, an abuse-of-discretion standard is not appropriate. See Swartzentruber v. Orrville
Grace Brethren Church, 163 Ohio App.3d 96,
A. Jail-time Credit. With respect to jail-time credit, the Ohio Supreme Court has instructed the
courts that,
The practice of awarding jail-time credit, although now covered by
state statute, has its roots in the Equal Protection Clauses of the Ohio and
United States Constitutions. Recognizing that the Equal Protection Clause
does not tolerate disparate treatment of defendants based solely on their
economic status, the United States Supreme Court has repeatedly struck
down rules and practices that discriminate against defendants based solely
on their inability to pay fines and fees. See Griffin v. Illinois (1956), 351 U.S.
12,
This principle is codified in Ohio at R.C. 2967.191, which states that “[t]he department of rehabilitation and correction shall reduce the stated prison term of a prisoner * * * by the total number of days that the prisoner was confined for any reason arising out of the offense for which the prisoner was convicted and sentenced, including confinement in lieu of bail while awaiting trial * * *.”
State v. Fugate,
(B) When a juvenile court commits a delinquent child to the custody of the department of youth services pursuant to this chapter, the court shall state in the order of commitment the total number of days that the child has been confined in connection with the delinquent child complaint upon which the order of commitment is based. The court shall not include days that the child has been under electronic monitoring or house arrest or days that the child has been confined in a halfway house. The department shall reduce the minimum period of institutionalization that was ordered by both the total number of days that the child has been so confined as stated by the court in the order of commitment and the total number of any additional days that the child has been confined subsequent to the order of commitment but prior to the transfer of physical custody of the child to the department. (Emphasis added).
B. Jurisdiction.
A defendant is no longer required to contest a trial court's calculation of his jail-
time credit in a direct appeal of his conviction; even if no appeal is pursued, the issue can
still be asserted in a post-judgment motion. State v. Smith , 11th Dist. Lake No. 2016–L–
107, 2017–Ohio–4124, ¶ 11. “R.C. 2929.19(B)(2)(g)(iii) allows an offender ‘at any time
after sentencing, [to] file a motion in the sentencing court to correct any error made in
making a determination under division (B)(2)(g)(i) of this section.’” Id. See, also , State v.
Thompson, 147 Ohio St.3d 29,
Noting that the practice of awarding jail-time credit, although now covered by state statute, has its roots in the Equal Protection Clauses of the Ohio and United States Constitutions, we will apply the same holding to a juvenile who contests a trial court’s confinement-time credit calculation.
ISSUE FOR APPEAL.
The crux of J.A.’s argument is two-fold: 1). Is confinement credit for a violation of a prior court order pursuant to R.C. 2152.02 applied to the original complaint or the new complaint for violation of a prior court order? 2). Is time spent at the Mohican Youth Academy “confinement” and if so, must that time must be credited toward the original complaint?
1. Whether confinement credit for a violation of a prior court order pursuant to R.C. 2152.02 is to be applied to the original complaint or the new complaint alleging a violation of a prior court order.
R.C. 2152.02 provides in relevant part, (E) “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 2151.87 of the Revised Code;
(4) Any child who violates division (C) of section 2907.39, division (A) of section 2923.211, or division (C)(1) or (D) of section 2925.55 of the Revised Code.
Emphasis added. Juv. R. 35 provides,
(B) Revocation of Probation. The court shall not revoke probation except after a hearing at which the child shall be present and apprised of the grounds on which revocation is proposed. The parties shall have the right to counsel and the right to appointed counsel where entitled pursuant to Juv. R. 4(A). Probation shall not be revoked except upon a finding that the child has violated a condition of probation of which the child had, pursuant to Juv. R. 34(C), been notified.
(C) Detention. During the pendency of proceedings under this rule, a child may be placed in detention in accordance with the provisions of Rule 7. The Ohio Supreme Court has explained,
Probation may not be revoked unless the juvenile has violated a court order. The juvenile again becomes a delinquent juvenile under R.C. 2152.02(F)(2) (being “[a]ny child who violates any lawful order of the court made under this chapter or under Chapter 2151 of the Revised Code”). During a probation revocation hearing, the court determines whether a juvenile has violated a condition of probation. Because the conditions of probation are established through a court order, a violation of probation also constitutes a violation of a court order. Since a probation revocation hearing may result in a finding that the juvenile has violated a court order and is delinquent, a probation hearing qualifies as an adjudicatory hearing under the Ohio Rules of Juvenile Procedure.
In re: L.A.B.,
juvenile probation,
In January 2002, the General Assembly replaced the rubric “probation” in juvenile dispositions and adopted new dispositional options under the heading “community control.”
“Community control,” as described in R.C. 2152.19, replaced
“probation,” as described in former R.C. 2151.355, Am.Sub.H.B. No. 215,
147 Ohio Laws, Part I, 1125, and 148 Ohio Laws, Part IV, 9447, which was
the subject of our decision in In re Cross . In re Cross ,
In contrast, R.C. 2152.19 uses the term “community control” to describe discretionary court-ordered and court-supervised requirements on the behavior of delinquent children. R.C. 2152.19. Under R.C. 2152.19, a dispositional order of community control may include one or several conditions—such as “intensive probation supervision,” “basic probation supervision,” and “community service”—all of which are subject to ongoing supervision by the court. Probation, no longer a stand-alone disposition, has become a subcategory or optional element of community control.
In re: J.F. , 121 Ohio St.3d 76,
options if an offender violates a condition or conditions of community control. State v. Belcher , 4th Dist. Lawrence No. 06CA32, 2007–Ohio–4256, ¶ 20, and State v. Palacio , 6th Dist. Ottawa No. OT–07–015, 2008–Ohio–2374, ¶ 8. These options are to: (1) extend the terms of the community control sanction, (2) impose a prison term that does not exceed that prison term specified by the court at the offender’s sentencing hearing; or (3) impose a stricter community control sanction. R.C. 2929.15(B). However, the Legislature has chosen not to include the same R.C. 2929.15(B) options in the juvenile justice system. Chapter 2952. pertaining to juveniles does not contain options for juvenile offenders similar to those provided for adult offenders under R.C. 2929.15(B) when a juvenile violates conditions of community control. Rather, the juvenile court treats the alleged violation as a probation revocation pursuant to Juv. R. 35. Because the conditions of probation are established through a court order, a violation of probation also constitutes a violation of a court order pursuant to R.C. 2152.02(F)(2).
{¶25}
In the case at bar, the trial court modified the conditions of community
control in many of its dispositions in an attempt to rehabilitate J.A. Because the
commitment to the DYS was held in abeyance or suspended pending successful
completion of the terms of community control, including the terms and conditions of
probation, J.A. may be entitled to time spent in confinement pending disposition of the
prior court order cases. In re J.F.,
a). Case Number 2013 JCR 02758
{¶26} In the case at bar, J.A. was admitted to the MJAC on case number 2013 JCR 02758 on December 4, 2013. See, Exhibit Q, attached to Appellant’s Motion to Vacated, filed Aug 21, 2017. On March 3, 2014, J.A. was released to The Village Network. Therefore, the juvenile court correctly credited J.A. with 89-days of
confinement credit in the September 6, 2017 Judgement Entry.
b). The Village Network. J.A. does not argue that he is entitled to credit for time spent at The Village
Network.
c). Case Number 2016 JCR 1231 and Case Number 2016 JCR 01450. J.A. was admitted to the MJAC on June 3, 2016 in case number 2016 JCR 1231. That case was dismissed on June 8, 2018. However, J.A. remained at the MJAC in case number 2016 JCR 1450. J.A. was adjudicated delinquent in that case on August 5, 2016 and remanded to MJAC pending disposition. By Judgment Entry filed August 30, 2016, the Juvenile Court sentenced J.A. to 90-days in the MJAC, with credit for 87 days served. J.A. was ordered to serve the remaining 3 days beginning August 29, 2016 and ending August 31, 2016. A juvenile court can adjudicate a juvenile a “delinquent” for violating a prior
order of the court. R.C. 2152.02(E) (3). The juvenile court can commit the juvenile to the MJAC for the violation. R.C. 2152.19(A) (3). However, the question in the case at bar is, whether time spent in confinement at MJAC that was ordered in the disposition for the violation of the prior court order in case number 2016 JCR 01450 is to be credited toward the minimum DYS commitment in the case upon which the court order that has been violated was issued, case number 2013 JCR 02758. In In re: [S.D.] this Court observed,
In her fourth assignment of error, appellant urges the court should have credited her with time served at the Attention Center and Multi County Residential Treatment Center towards the balance of her commitment. R.C. 2151.355 requires the court to state in its order of commitment the total number of days that the child has been held in detention in connection with the complaint upon which the order of commitment is based. The State argues appellant did receive 51 days credit for the time she spent in detention between October 5, when she entered a plea of true to the arson charge, until November 19, 1999, when she was released. Appellant, however, asked for time served between May 13, 2000 and February 15, 2001. The State’s response is that appellant had pled true to a charge of violation of a prior court order in April of 2000, and it was a result of this charge that she received the disposition placing her back into detention. We find the State’s argument is flawed. Appellant’s plea of true to the charge of violation of a prior court order stemmed from the conditions of probation placed upon her for the original arson charge. The new charge of violation of a prior court order is a condition of probation, not a separate criminal offense bringing with it a separate sentence. Had the State brought a complaint for contempt of court for violation of the prior court order, that may be considered a new charge, but upon this record, it appears the only criminal charge against appellant was the original charge of arson. We find the trial court erred in not giving appellant credit for time served after she pled true to the charge of violating a prior order. Accordingly, the fourth assignment of error is sustained.
5th Dist. Stark Nos. 2001CA00093, 2001CA00121,
R.C. 2151.355(F)(6) requires credit in the following situations: when
the child is held at a rehabilitation or treatment facility while awaiting the
final adjudication or disposition of the original delinquency complaint, when
the child is held in one of those facilities after an order of commitment to
DYS has been made but before the order has been executed by his or her
transfer to the custody of DYS, and when the child is held in one of these
facilities while awaiting the final disposition of an alleged probation violation.
The first two situations are based on a plain reading of R.C. 2151.355(F)(6)
and 2151.011(B)(13). The third situation requires credit because detention
on an alleged probation violation relates back to the complaint of
delinquency and is in “connection with” that complaint, as mandated by R.C.
2151.355(F)(6). Such detention goes to the original disposition in the case
and is sufficiently linked to the adjudication of the original charges that credit
is required by the statutory language. This view has been adopted in a
number of appellate courts in this state. See In re Ringo (Mar. 19, 2002),
Crawford App. No. 3–01–25,
In re: Thomas, 100 Ohio St.3d 89,
In In re Thomas, we construed R.C. 2152.18(B)’s predecessor
statute, R.C. 2151.355(F)(6), Am.Sub.S.B. No. 181, 148 Ohio Laws, Part V,
10488, 10529, which contained the same “in connection with” phrase. See
juvenile has violated a condition of probation. In re: L.A.B.,
of a prior court order in case number 2016 JCR 01450 is sufficiently linked to the adjudication of the original charges that credit relates back to the complaint of delinquency in case number 2013 JCR 02758 so that credit is mandated by the statutory language of R.C.2152.18 (B). Therefore, the Juvenile Court erred in failing to award J.A. confinement credit from June 3, 2016 to August 31, 2016, a total of 90 days towards his minimum DYS commitment.
d). Case Number 2017 JCR 00845. J.A. was held at the MJAC in case number 00845 from May 2, 2017 until his arrival at DYS June 22, 2017. See, Exhibits P and Q, attached to Appellant’s Motion to Vacated filed Aug 21, 2017. Therefore, J.A. is entitled to 50-days confinement credit in case number 2013 JCR 02758 towards his minimum DYS commitment.
ISSUE FOR APPEAL.
2. Whether time spent at the Mohican Youth Academy “confinement” and if so, must that time must be credited toward the original complaint?
J.A. next argues that he is entitled to confinement credit in case number 2013 JCR 02758 for the time he spent at the Mohican Youth Academy.
a). Case Number 2016 JCR 01450. In the Judgment Entry filed August 30, 2016 in case number 2016 JCR
01450, the Juvenile Court ordered that,
A previous Commitment to the Ohio Department of Youth Services was ordered stayed on case number 2013JCR02758, the previous stay shall be continued and remain in effect.
* * *
The DYS suspended commitment is suspended fully on condition of successful compliance and completion of the Mohican Youth Academy treatment.
Judgement Entry, Case No. 2016JCR01450, filed Aug. 30, 2016, at 1.
1]. “Confinement”
R.C. 2152.18(B) requires the juvenile court, when committing a delinquent
child to the custody of DYS, “to state in the order of commitment the total number of
days that the child has been confined in connection with the delinquent child complaint
upon which the order of commitment is based.” DYS must then “reduce the minimum
period of institutionalization that was ordered * * * by the total number of days that the
child has been so confined as stated by the court in the order of commitment.” While
the term “confined” is not defined in the statute, the statute expressly prohibits the
juvenile court from including days that the child has been on electronic monitoring, on
house arrest, or confined in a halfway house. R.C. 2152.18(B). In re: A.M., 1st Dist.
Hamilton No. C-160532,
held that entry into a community-based corrections facility (“CBCF”) constitutes
confinement.
CBCF should be credited against prison time under R.C. 2967.191 since inmates have
more opportunity to leave the facility than those confined in prison. In Napier , the
defendant had pled guilty to felony drug possession and had been sentenced to three
years of community-control sanctions, including treatment at a residential CBCF. After
the defendant had violated his community-control sanctions, the trial court imposed an
eight-month prison sentence, and the defendant claimed he was entitled to credit for
110 days spent at the CBCF. The trial court granted the defendant credit for only 30
days at the facility when he had been in “lockdown,” and not permitted to leave the
facility. See, In the Matter of J.C.E. , 11th Dist. No. 2016-G-0062,
secured in such a way to prevent offenders from entering the community without
approval of the facility’s managers, and (2) the facility exercises control over the ability
of the offender to leave the facility, all time served in a CBCF constitutes confinement
for purposes of credit for time served for adults, even though the offender may be
permitted to leave to participate in employment and other activities outside the CBCF.
adopted the interpretation of “confinement” set forth in Napier and applied it in the
juvenile context. In re D.P ., 1st Dist. Hamilton No. C140158, 2014–Ohio–5414, ¶ 18;
In re D.P., 3rd Dist. Auglaize Nos. 2–15–13 and 2–15–14, 2016–Ohio–747, ¶ 20; In re
K.A., 6th Dist. Lucas No. L–12–1334, 2013–Ohio–3847, ¶ 5; In re J.K.S ., 8th Dist.
Cuyahoga Nos. 101967 and 101968, 2015–Ohio–1312, ¶ 12; In the Matter of J.C.E. ,
11th Dist. No. 2016-G-0062,
interpretation of the term “confinement” as set forth in Napier, supra.
2.] Credit for time served at Mohican Youth Academy. After an extensive review of the record, we are unable to determine whether J.A.’s time at Mohican Youth Academy constitutes “confinement” for purposes of R.C. 2152.18(B). J.A. cites to no evidence in the record and the briefs submitted consist largely of argument without any evidentiary support. J.A. has not referenced any evidence in the record related to the nature of Mohican Youth Academy or the conditions affecting J.A.’s personal liberties during his time there. The trial court, likewise, did not make any findings relative to the nature of either Mohican Youth Academy or J.A.’s time there. The following remand instructions of the First District in In re D.P., 1st Dist.
Hamilton No. C-140158,
Without further evidence as to the nature of Hillcrest and the nature of the staff’s control regarding D.P.’s personal liberties, we are unable to determine the severity of the restrictions placed upon D.P.’s freedom and, thus, we cannot conduct a meaningful review of whether D.P. was “confined” as that term has been defined by the Supreme Court in Napier so as to be entitled to credit for time spent at Hillcrest School. See State v. Ventra , 11th Dist. Geauga No. 2010–G–2968, 2011–Ohio–156, ¶ 19– 20. We, therefore, sustain D.P.’s assignment of error to the extent that the record does not contain enough evidence to support the trial court’s judgment, and the cause must be remanded so that the record can be developed as to the nature of the Hillcrest School and the staff’s control regarding D.P’s personal liberties.
In re D.P ., 2014–Ohio–5414, ¶ 20; Accord, In the Matter of J.C.E., 11th Dist.
Geauga No. 2-016-G-0062,
record does not contain enough evidence to support the trial court’s judgment.
CONCLUSION. J.A.’s sole assignment of error is sustained, the judgment of the Stark County Court of Common Pleas, Juvenile Division is reversed and this matter is remanded to the juvenile court with the following orders: The juvenile court shall award J.A. confinement credit towards his DYS
commitment for the time spent at the MJAC from June 3, 2016 to and including August
31, 2016; additionally, this matter is further remanded for the trial court to take evidence
and make findings concerning the nature of Mohican Youth Academy’s security
procedures and the staff’s control regarding J.A.’s personal liberties. The trial court
shall also determine whether J.A. was “confined” pursuant to R.C. 2152.18(B), as that
term is interpreted by the Ohio Supreme Court in State v. Napier,
By Gwin, J.,
Wise, P.J., and
Baldwin, J., concur
Notes
[1] The dependency action was subsequently assigned Case Number 2014JCV00224. See, Notice of Dependency Initiated from a Delinquency Action , filed Mar. 12, 2014.
[2] No transcript of the hearing that took place on March 22, 2016 was included in the record before this Court.
[3] No transcript of the hearing that took place on August 5, 2016 was included in the record before this Court.
[4] No transcript of the hearing that took place on August 29, 2016 was included in the record before this Court.
[5] No transcript of the hearing that took place on January 4, 2017 was included in the record before this Court.