In re: A.W.

Citations

• 2018 Ohio 2644
• 116 N.E.3d 819

Syllabus

105845 - In re: A.W. Serious youth offender blended sentence sex offender treatment due process juvenile court jurisdiction Ohio Department of Youth Services (\ODYS\) R.C. 5139.04 notice fair warning invocation adult portion misconduct clear and convincing evidence self-incrimination Fifth Amendment Miranda \classic penalty situation\ self-executing. Youth's due process rights were not violated even though trial court did not order sex offender treatment at dispositional hearing and invoked the adult portion of SYO sentence for failure to complete sex offender treatment because (1) the Ohio Department of Youth Services (\ODYS\) had authority to order the treatment and ordered the treatment when the youth entered ODYS custody (2) the youth was on notice that failure to comply with ODYS programs would result in invocation of his adult sentence (3) there was no requirement that he complete the program as long as he made sufficient progress to warrant release into the community. Failure to comply with required sex offender treatment constitutes misconduct under the SYO statute and may justify invocation of the adult portion of an SYO sentence. Fifth Amendment privilege against self-incrimination prohibited the trial court from considering incriminating statements youth made to his therapists during sex offender treatment, but there was sufficient evidence without use of the statements to support the court's judgment invoking the adult portion of the SYO sentence. Youth's right to due process was not violated by state's untimely filing of motion to invoke adult portion of his sentence since his trial counsel received notice of the hearing two weeks in advance.