Memorandum in Support CHILD’S PROCEDURAL HISTORY. In connection with this case number, CHILD was detained for a total of ## days, as follows: Beginning Date End Date Number of Days Held Facility (Exhibits #-#). This Court granted CHILD ## days of credit. (Exhibit #). Yet, CHILD is missing ## days of credit for the time he was confined at the FACILITY NAME. In 2012, Ohio law expanded to include credit for all the time that the child is “confined.” R.C. 2152.18(B). The Sixth District found that the “amendment was to broaden the circumstances under which a youth will receive credit against his or her term of institutionalization.” In re K.A., 6th Dist. Lucas No. L-12-1334, 2013-Ohio- 3847, ¶ 5. The Supreme Court of Ohio has defined “confinement” as time spent at any facility in which a person is “not free to come and go as he wishe[s].” K.A. at ¶ 5, citing State v. Napier, 93 Ohio St.3d 646, 648, 758 N.E.2d 1127 (2001); see also In re D.P., 1st Dist. Hamilton No. C-140158, 2014-Ohio-5414, ¶ 18. Thus, starting September 28, 2012, when a juvenile court commits a child to the physical custody of DYS, the court must include in its detention credit calculations any time for which the child was “confined” in relation to the offense and DYS must then deduct those days from the total number of days the juvenile is to be institutionalized. R.C. 2152.18(B). EXPLAIN THE CHARACTERISTICS OF THE FACILITY.
Memorandum in Support CHILD’S PROCEDURAL HISTORY. In connection with this case number, CHILD was detained for a total of ## days, as follows: Beginning Date End Date Number of Days Held Facility (Exhibits #-#). This Court granted CHILD ## days of credit. (Exhibit #). Yet, CHILD is missing ## days of credit for the time he was confined at the FACILITY NAME. In 2012, Ohio law expanded to include credit for all the time that the child is “confined.” R.C. 2152.18(B). The Sixth District found that the “amendment was to broaden the circumstances under which a youth will receive credit against his or her term of institutionalization.” In re K.A., 6th Dist. Lucas No. L-12-1334, 2013-Ohio- 3847, ¶ 5. The Supreme Court of Ohio has defined “confinement” as time spent at any facility in which a person is “not free to come and go as he wishe[s].” K.A. at ¶ 5, citing State v. Napier, 93 Ohio St.3d 646, 648, 758 N.E.2d 1127 (2001); see also In re D.P., 1st Dist. Hamilton No. C-140158, 2014-Ohio-5414, ¶ 18. Thus, starting September 28, 2012, when a juvenile court commits a child to the physical custody of DYS, the court must include in its detention credit calculations any time for which the child was “confined” in relation to the offense and DYS must then deduct those days from the total number of days the juvenile is to be institutionalized. R.C. 2152.18(B). EXPLAIN THE CHARACTERISTICS OF THE FACILITY.
12%20Sample%20Motion%20for%20Confinement%20Credit.docx