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Bindover Requirements

Bindovers, formally called “transfers of jurisdiction” or “relinquishment of jurisdiction,” are governed by Ohio Juvenile Rule 30 and Ohio Revised Code Sections 2152.10 and 2152.12.  Most of the bindover cases in the Butler County Juvenile Court are discretionary bindovers, but there are situations in which bindover is mandatory.

               For a child to be eligible for bindover, the child must be 14 or older at the time he/she committed the act charged.  Furthermore, the act charged must be a felony if committed by an adult.  Where bindover is discretionary, bindover proceedings begin upon motion.  Such a motion may be brought by the Court, the prosecuting attorney, or the child.  In Butler County, the motion is generally an oral motion made at pre-trial.  Upon motion for bindover, the Court will set a preliminary hearing to determine whether there is probable cause to believe that the child committed the alleged act.  Written notice of any bindover hearing must be provided to the State, the child’s parents, and counsel at least three days prior to the hearing (this is generally accomplished by providing all parties at the pre-trial with an entry containing the preliminary hearing date).

               In a discretionary transfer, once probable cause has been found, the court must determine whether the child is amenable to care or rehabilitation within the juvenile system and whether the safety of the community requires that the child be subject to adult sanctions.  The Revised Code provides a list of factors to be considered in making this determination.  However, before considering the discretionary factors, the court must order an investigation, which includes a mental examination of the child (the child may waive this evaluation).  In Butler County, the evaluations often include an analysis of the factors in favor of and against transfer, in addition to the mental health evaluation.  A juvenile court generally has broad discretion in weighing these factors, and an Appellate review of discretionary transfer follows an “abuse of discretion” standard (State v. Watson (1989), 47 Ohio St. 3d 93).  The table below lists the factors to be considered by the Court in determining whether transfer should occur.

Factors in FAVOR of transfer (R.C. 2152.12(D))

Factors AGAINST transfer (R.C. 2152.12(E))
  • Victim suffered physical, psychological, or serious economic harm as a result of the alleged act.

 
  • The child did not cause physical harm to any person or property or have reasonable cause to believe that harm of that nature would occur.
  • The physical or psychological harm suffered by the victim was exacerbated due to the physical vulnerability, psychological vulnerability, or age of the victim.

 
  • The child’s relationship with the victim facilitated the act charged.
  • Victim induced or facilitated the act charged.
  • The child acted under provocation.
  • The child committed the act charged for hire, as part of a gang, or other organized criminal activity.

 
  • The child was not the principal actor in the act charged, or, at the time of the act charged, the child was under the negative influence or coercion of another person.
  • The child had a firearm and used, displayed, brandished or indicated possession of the firearm during the commission of the offense.

 
  • The results of any previous juvenile sanctions and programs indicate that rehabilitation of the child will not occur in the juvenile system.
  • The child has not previously been adjudicated a delinquent child.
  • At the time of the act charged, the child was awaiting adjudication or disposition as a delinquent child, was under a community control sanction, or was on parole for a prior delinquent child adjudication.

 
  • The child is emotionally, physically, or psychologically mature enough for the transfer.
  • The child is not emotionally, physically, or psychologically mature enough for transfer.
  • The child has a mental illness or is a mentally retarded person.
  • There is not sufficient time to rehabilitate the child within the juvenile system.
  • There is sufficient time to rehabilitate the child within the juvenile system and the level of security available in the juvenile system provides a reasonable assurance of public safety.

As stated above, there are situations in which bindover is mandatory.  In such a situation, the Court must still conduct a preliminary hearing (and provide notice of the hearing) to determine whether there is probable cause to believe that the child committed the alleged act.  However, once probable cause is found, the court must transfer the case if any of the following conditions exist:

1)
    1. The child was 16 or older at the time he/she committed the act charged, and
    2. The child is charged with a Category One offense.

2)
  1. The child was 14 or 15 at  the time he/she committed the act charged, and
  2. The child is charged with a Category One offense, and
  3. The child was previously adjudicated delinquent for committing a Category One offense, and
  4. The child was committed to DYS based on that adjudication.

3)
    1. The child was 16 or older at the time he/she committed the act charged, and
    2. The child is charged with a Category Two offense, and
    3. The child was previously adjudicated for either a Category One or Category Two offense, and
    4. The child was committed to DYS based on that adjudication.

4)
  1. The child was 16 or older at the time he/she committed the act charged, and
  2. The child is charged with a Category Two offense that is not a violation of 2905.01 (Kidnapping), and
  3. The child is alleged to have possessed and displayed, brandished, indicated possession of, or used a firearm to facilitate the commission of the act charged.

5)
    1. The child was 14 or older at the time he/she committed the act charged, and
    2. The act would be a felony if committed by an adult, and
    3. The child was previously boundover to adult court and convicted of or pled guilty to a felony

6)
  1. The child is domiciled in another state
  2. The child is alleged to have committed an act that would be a felony if committed by an adult
  3. If the act charged had been committed in the domiciled state, the child would be subject to mandatory prosecution as an adult (without the need for a transfer hearing)

If the juvenile has committed several offenses, and may be subject to both mandatory and discretionary bindover, the court must first consider those acts which would require mandatory bindover.  If the court finds probable cause and determines that a charge or charges fall within a mandatory bindover provision, the court must transfer those charges.  The court may then consider the charges within the discretionary bindover provisions and make a separate determination regarding those charges.  A determination that charges do not fall within the mandatory bindover provisions will not preclude consideration of transfer under the discretionary transfer provisions.
              
               Once a juvenile court makes the decision to transfer charges, either under the mandatory or discretionary provisions, the court shall order the transfer, stating the reasons for the transfer on the record and specify the type, amount, and conditions of bail for the child.  Upon the transfer, the juvenile court no longer has jurisdiction over the charges transferred and all further proceedings are within the jurisdiction of the Common Pleas Court to which the child is transferred.  As a special note, once transferred, a grand jury may indict for any offense that would be appropriate under the facts.  Therefore, the grand jury is not limited to the charges filed in or transferred by the juvenile court (State v. Adams (1982), 69 Ohio St.2d 120).

“Category One offense” means: Aggravated Murder (R.C. 2903.01), Murder (R.C. 2903.02), or attempt of either.  See R.C. 2152.02(BB)

“Category Two offense” means: Voluntary Manslaughter (R.C. 2903.03), Kidnapping (R.C. 2905.01), Rape (R.C. 2907.02), Aggravated Arson (R.C. 2909.02), Aggravated Robbery (R.C. 2911.01), Aggravated Burglary (R.C. 2911.11), or Involuntary Manslaughter – First Degree Felony (R.C. 2903.04(A)).  See R.C. 2152.02 (CC)

A juvenile that has previously been transferred to the adult court and convicted is no longer a “child” in any future case.  See R.C. 2152.02(C)(5).  In this situation, the law is unclear as to whether the charges must be filed in and transferred from the juvenile court or if charges may be initially filed in adult court.  However, the 12th District states that the complaint should be filed in Juvenile Court.  See State v. Steele, 12th Dist. No. 2008 CR 0094, 2008-Ohio-2467.

"Category Two offense" means: Voluntary Manslaughter (R.C. 2903.03), Kidnapping (R.C. 2905.01), Rape (R.C. 2907.02), Aggravated Arson (R.C. 2909.02), Aggravated Robbery (R.C. 2911.01), Aggravated Burglary (R.C. 2911.11), or Involuntary Manslaughter – First Degree Felony (R.C. 2903.04(A)).  See R.C. 2152.02 (CC)

A juvenile that has previously been transferred to the adult court and convicted is no longer a “child” in any future case.  See R.C. 2152.02(C)(5).  In this situation, the law is unclear as to whether the charges must be filed in and transferred from the juvenile court or if charges may be initially filed in adult court.  However, the 12th District states that the complaint should be filed in Juvenile Court.  See State v. Steele, 12th Dist. No. 2008 CR 0094, 2008-Ohio-2467.

-Credit to Assistant Prosecutor Kelly Heile for her review of the Juvenile Rules and Revised Code and authoring the above summary.
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