|
|
To amend sections 2151.011, 2151.23, 2923.125, | 1 |
2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, | 2 |
2945.40, 2945.401, 2967.22, 5119.23, 5120.17, | 3 |
5122.01, 5122.03, 5122.05, 5122.10, 5122.11, | 4 |
5122.13, 5122.141, 5122.15, 5122.19, 5122.21, | 5 |
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, | 6 |
5305.22, 5907.06, and 5907.09 and to enact section | 7 |
5122.111 of the Revised Code and to amend the | 8 |
version of section 2151.011 of the Revised Code | 9 |
that is scheduled to take effect on January 1, | 10 |
2014, to make changes to the laws governing the | 11 |
civil commitment of and treatment provided to | 12 |
mentally ill persons. | 13 |
Section 1. That sections 2151.011, 2151.23, 2923.125, | 14 |
2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40, 2945.401, | 15 |
2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05, 5122.10, | 16 |
5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21, 5122.27, | 17 |
5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06, and 5907.09 | 18 |
be amended and section 5122.111 of the Revised Code be enacted to | 19 |
read as follows: | 20 |
Sec. 2151.011. (A) As used in the Revised Code: | 21 |
(1) "Juvenile court" means whichever of the following is | 22 |
applicable that has jurisdiction under this chapter and Chapter | 23 |
2152. of the Revised Code: | 24 |
(a) The division of the court of common pleas specified in | 25 |
section 2101.022 or 2301.03 of the Revised Code as having | 26 |
jurisdiction under this chapter and Chapter 2152. of the Revised | 27 |
Code or as being the juvenile division or the juvenile division | 28 |
combined with one or more other divisions; | 29 |
(b) The juvenile court of Cuyahoga county or Hamilton county | 30 |
that is separately and independently created by section 2151.08 or | 31 |
Chapter 2153. of the Revised Code and that has jurisdiction under | 32 |
this chapter and Chapter 2152. of the Revised Code; | 33 |
(c) If division (A)(1)(a) or (b) of this section does not | 34 |
apply, the probate division of the court of common pleas. | 35 |
(2) "Juvenile judge" means a judge of a court having | 36 |
jurisdiction under this chapter. | 37 |
(3) "Private child placing agency" means any association, as | 38 |
defined in section 5103.02 of the Revised Code, that is certified | 39 |
under section 5103.03 of the Revised Code to accept temporary, | 40 |
permanent, or legal custody of children and place the children for | 41 |
either foster care or adoption. | 42 |
(4) "Private noncustodial agency" means any person, | 43 |
organization, association, or society certified by the department | 44 |
of job and family services that does not accept temporary or | 45 |
permanent legal custody of children, that is privately operated in | 46 |
this state, and that does one or more of the following: | 47 |
(a) Receives and cares for children for two or more | 48 |
consecutive weeks; | 49 |
(b) Participates in the placement of children in certified | 50 |
foster homes; | 51 |
(c) Provides adoption services in conjunction with a public | 52 |
children services agency or private child placing agency. | 53 |
(B) As used in this chapter: | 54 |
(1) "Adequate parental care" means the provision by a child's | 55 |
parent or parents, guardian, or custodian of adequate food, | 56 |
clothing, and shelter to ensure the child's health and physical | 57 |
safety and the provision by a child's parent or parents of | 58 |
specialized services warranted by the child's physical or mental | 59 |
needs. | 60 |
(2) "Adult" means an individual who is eighteen years of age | 61 |
or older. | 62 |
(3) "Agreement for temporary custody" means a voluntary | 63 |
agreement authorized by section 5103.15 of the Revised Code that | 64 |
transfers the temporary custody of a child to a public children | 65 |
services agency or a private child placing agency. | 66 |
(4) "Alternative response" means the public children services | 67 |
agency's response to a report of child abuse or neglect that | 68 |
engages the family in a comprehensive evaluation of child safety, | 69 |
risk of subsequent harm, and family strengths and needs and that | 70 |
does not include a determination as to whether child abuse or | 71 |
neglect occurred. | 72 |
(5) "Certified foster home" means a foster home, as defined | 73 |
in section 5103.02 of the Revised Code, certified under section | 74 |
5103.03 of the Revised Code. | 75 |
(6) "Child" means a person who is under eighteen years of | 76 |
age, except that the juvenile court has jurisdiction over any | 77 |
person who is adjudicated an unruly child prior to attaining | 78 |
eighteen years of age until the person attains twenty-one years of | 79 |
age, and, for purposes of that jurisdiction related to that | 80 |
adjudication, a person who is so adjudicated an unruly child shall | 81 |
be deemed a "child" until the person attains twenty-one years of | 82 |
age. | 83 |
(7) "Child day camp," "child care," "child day-care center," | 84 |
"part-time child day-care center," "type A family day-care home," | 85 |
"certified type B family day-care home," "type B home," | 86 |
"administrator of a child day-care center," "administrator of a | 87 |
type A family day-care home," "in-home aide," and "authorized | 88 |
provider" have the same meanings as in section 5104.01 of the | 89 |
Revised Code. | 90 |
(8) "Child care provider" means an individual who is a | 91 |
child-care staff member or administrator of a child day-care | 92 |
center, a type A family day-care home, or a type B family day-care | 93 |
home, or an in-home aide or an individual who is licensed, is | 94 |
regulated, is approved, operates under the direction of, or | 95 |
otherwise is certified by the department of job and family | 96 |
services, department of developmental disabilities, or the early | 97 |
childhood programs of the department of education. | 98 |
(9) "Chronic truant" has the same meaning as in section | 99 |
2152.02 of the Revised Code. | 100 |
(10) "Commit" means to vest custody as ordered by the court. | 101 |
(11) "Counseling" includes both of the following: | 102 |
(a) General counseling services performed by a public | 103 |
children services agency or shelter for victims of domestic | 104 |
violence to assist a child, a child's parents, and a child's | 105 |
siblings in alleviating identified problems that may cause or have | 106 |
caused the child to be an abused, neglected, or dependent child. | 107 |
(b) Psychiatric or psychological therapeutic counseling | 108 |
services provided to correct or alleviate any mental or emotional | 109 |
illness or disorder and performed by a licensed psychiatrist, | 110 |
licensed psychologist, or a person licensed under Chapter 4757. of | 111 |
the Revised Code to engage in social work or professional | 112 |
counseling. | 113 |
(12) "Custodian" means a person who has legal custody of a | 114 |
child or a public children services agency or private child | 115 |
placing agency that has permanent, temporary, or legal custody of | 116 |
a child. | 117 |
(13) "Delinquent child" has the same meaning as in section | 118 |
2152.02 of the Revised Code. | 119 |
(14) "Detention" means the temporary care of children pending | 120 |
court adjudication or disposition, or execution of a court order, | 121 |
in a public or private facility designed to physically restrict | 122 |
the movement and activities of children. | 123 |
(15) "Developmental disability" has the same meaning as in | 124 |
section 5123.01 of the Revised Code. | 125 |
(16) "Differential response approach" means an approach that | 126 |
a public children services agency may use to respond to accepted | 127 |
reports of child abuse or neglect with either an alternative | 128 |
response or a traditional response. | 129 |
(17) "Foster caregiver" has the same meaning as in section | 130 |
5103.02 of the Revised Code. | 131 |
(18) "Guardian" means a person, association, or corporation | 132 |
that is granted authority by a probate court pursuant to Chapter | 133 |
2111. of the Revised Code to exercise parental rights over a child | 134 |
to the extent provided in the court's order and subject to the | 135 |
residual parental rights of the child's parents. | 136 |
(19) "Habitual truant" means any child of compulsory school | 137 |
age who is absent without legitimate excuse for absence from the | 138 |
public school the child is supposed to attend for five or more | 139 |
consecutive school days, seven or more school days in one school | 140 |
month, or twelve or more school days in a school year. | 141 |
(20) "Juvenile traffic offender" has the same meaning as in | 142 |
section 2152.02 of the Revised Code. | 143 |
(21) "Legal custody" means a legal status that vests in the | 144 |
custodian the right to have physical care and control of the child | 145 |
and to determine where and with whom the child shall live, and the | 146 |
right and duty to protect, train, and discipline the child and to | 147 |
provide the child with food, shelter, education, and medical care, | 148 |
all subject to any residual parental rights, privileges, and | 149 |
responsibilities. An individual granted legal custody shall | 150 |
exercise the rights and responsibilities personally unless | 151 |
otherwise authorized by any section of the Revised Code or by the | 152 |
court. | 153 |
(22) A "legitimate excuse for absence from the public school | 154 |
the child is supposed to attend" includes, but is not limited to, | 155 |
any of the following: | 156 |
(a) The fact that the child in question has enrolled in and | 157 |
is attending another public or nonpublic school in this or another | 158 |
state; | 159 |
(b) The fact that the child in question is excused from | 160 |
attendance at school for any of the reasons specified in section | 161 |
3321.04 of the Revised Code; | 162 |
(c) The fact that the child in question has received an age | 163 |
and schooling certificate in accordance with section 3331.01 of | 164 |
the Revised Code. | 165 |
(23) "Mental illness" and "mentally ill person subject to | 166 |
167 | |
section 5122.01 of the Revised Code. | 168 |
(24) "Mental injury" means any behavioral, cognitive, | 169 |
emotional, or mental disorder in a child caused by an act or | 170 |
omission that is described in section 2919.22 of the Revised Code | 171 |
and is committed by the parent or other person responsible for the | 172 |
child's care. | 173 |
(25) "Mentally retarded person" has the same meaning as in | 174 |
section 5123.01 of the Revised Code. | 175 |
(26) "Nonsecure care, supervision, or training" means care, | 176 |
supervision, or training of a child in a facility that does not | 177 |
confine or prevent movement of the child within the facility or | 178 |
from the facility. | 179 |
(27) "Of compulsory school age" has the same meaning as in | 180 |
section 3321.01 of the Revised Code. | 181 |
(28) "Organization" means any institution, public, | 182 |
semipublic, or private, and any private association, society, or | 183 |
agency located or operating in the state, incorporated or | 184 |
unincorporated, having among its functions the furnishing of | 185 |
protective services or care for children, or the placement of | 186 |
children in certified foster homes or elsewhere. | 187 |
(29) "Out-of-home care" means detention facilities, shelter | 188 |
facilities, certified children's crisis care facilities, certified | 189 |
foster homes, placement in a prospective adoptive home prior to | 190 |
the issuance of a final decree of adoption, organizations, | 191 |
certified organizations, child day-care centers, type A family | 192 |
day-care homes, child care provided by type B family day-care home | 193 |
providers and by in-home aides, group home providers, group homes, | 194 |
institutions, state institutions, residential facilities, | 195 |
residential care facilities, residential camps, day camps, public | 196 |
schools, chartered nonpublic schools, educational service centers, | 197 |
hospitals, and medical clinics that are responsible for the care, | 198 |
physical custody, or control of children. | 199 |
(30) "Out-of-home care child abuse" means any of the | 200 |
following when committed by a person responsible for the care of a | 201 |
child in out-of-home care: | 202 |
(a) Engaging in sexual activity with a child in the person's | 203 |
care; | 204 |
(b) Denial to a child, as a means of punishment, of proper or | 205 |
necessary subsistence, education, medical care, or other care | 206 |
necessary for a child's health; | 207 |
(c) Use of restraint procedures on a child that cause injury | 208 |
or pain; | 209 |
(d) Administration of prescription drugs or psychotropic | 210 |
medication to the child without the written approval and ongoing | 211 |
supervision of a licensed physician; | 212 |
(e) Commission of any act, other than by accidental means, | 213 |
that results in any injury to or death of the child in out-of-home | 214 |
care or commission of any act by accidental means that results in | 215 |
an injury to or death of a child in out-of-home care and that is | 216 |
at variance with the history given of the injury or death. | 217 |
(31) "Out-of-home care child neglect" means any of the | 218 |
following when committed by a person responsible for the care of a | 219 |
child in out-of-home care: | 220 |
(a) Failure to provide reasonable supervision according to | 221 |
the standards of care appropriate to the age, mental and physical | 222 |
condition, or other special needs of the child; | 223 |
(b) Failure to provide reasonable supervision according to | 224 |
the standards of care appropriate to the age, mental and physical | 225 |
condition, or other special needs of the child, that results in | 226 |
sexual or physical abuse of the child by any person; | 227 |
(c) Failure to develop a process for all of the following: | 228 |
(i) Administration of prescription drugs or psychotropic | 229 |
drugs for the child; | 230 |
(ii) Assuring that the instructions of the licensed physician | 231 |
who prescribed a drug for the child are followed; | 232 |
(iii) Reporting to the licensed physician who prescribed the | 233 |
drug all unfavorable or dangerous side effects from the use of the | 234 |
drug. | 235 |
(d) Failure to provide proper or necessary subsistence, | 236 |
education, medical care, or other individualized care necessary | 237 |
for the health or well-being of the child; | 238 |
(e) Confinement of the child to a locked room without | 239 |
monitoring by staff; | 240 |
(f) Failure to provide ongoing security for all prescription | 241 |
and nonprescription medication; | 242 |
(g) Isolation of a child for a period of time when there is | 243 |
substantial risk that the isolation, if continued, will impair or | 244 |
retard the mental health or physical well-being of the child. | 245 |
(32) "Permanent custody" means a legal status that vests in a | 246 |
public children services agency or a private child placing agency, | 247 |
all parental rights, duties, and obligations, including the right | 248 |
to consent to adoption, and divests the natural parents or | 249 |
adoptive parents of all parental rights, privileges, and | 250 |
obligations, including all residual rights and obligations. | 251 |
(33) "Permanent surrender" means the act of the parents or, | 252 |
if a child has only one parent, of the parent of a child, by a | 253 |
voluntary agreement authorized by section 5103.15 of the Revised | 254 |
Code, to transfer the permanent custody of the child to a public | 255 |
children services agency or a private child placing agency. | 256 |
(34) "Person" means an individual, association, corporation, | 257 |
or partnership and the state or any of its political subdivisions, | 258 |
departments, or agencies. | 259 |
(35) "Person responsible for a child's care in out-of-home | 260 |
care" means any of the following: | 261 |
(a) Any foster caregiver, in-home aide, or provider; | 262 |
(b) Any administrator, employee, or agent of any of the | 263 |
following: a public or private detention facility; shelter | 264 |
facility; certified children's crisis care facility; organization; | 265 |
certified organization; child day-care center; type A family | 266 |
day-care home; certified type B family day-care home; group home; | 267 |
institution; state institution; residential facility; residential | 268 |
care facility; residential camp; day camp; school district; | 269 |
community school; chartered nonpublic school; educational service | 270 |
center; hospital; or medical clinic; | 271 |
(c) Any person who supervises or coaches children as part of | 272 |
an extracurricular activity sponsored by a school district, public | 273 |
school, or chartered nonpublic school; | 274 |
(d) Any other person who performs a similar function with | 275 |
respect to, or has a similar relationship to, children. | 276 |
(36) "Physically impaired" means having one or more of the | 277 |
following conditions that substantially limit one or more of an | 278 |
individual's major life activities, including self-care, receptive | 279 |
and expressive language, learning, mobility, and self-direction: | 280 |
(a) A substantial impairment of vision, speech, or hearing; | 281 |
(b) A congenital orthopedic impairment; | 282 |
(c) An orthopedic impairment caused by disease, rheumatic | 283 |
fever or any other similar chronic or acute health problem, or | 284 |
amputation or another similar cause. | 285 |
(37) "Placement for adoption" means the arrangement by a | 286 |
public children services agency or a private child placing agency | 287 |
with a person for the care and adoption by that person of a child | 288 |
of whom the agency has permanent custody. | 289 |
(38) "Placement in foster care" means the arrangement by a | 290 |
public children services agency or a private child placing agency | 291 |
for the out-of-home care of a child of whom the agency has | 292 |
temporary custody or permanent custody. | 293 |
(39) "Planned permanent living arrangement" means an order of | 294 |
a juvenile court pursuant to which both of the following apply: | 295 |
(a) The court gives legal custody of a child to a public | 296 |
children services agency or a private child placing agency without | 297 |
the termination of parental rights. | 298 |
(b) The order permits the agency to make an appropriate | 299 |
placement of the child and to enter into a written agreement with | 300 |
a foster care provider or with another person or agency with whom | 301 |
the child is placed. | 302 |
(40) "Practice of social work" and "practice of professional | 303 |
counseling" have the same meanings as in section 4757.01 of the | 304 |
Revised Code. | 305 |
(41) "Sanction, service, or condition" means a sanction, | 306 |
service, or condition created by court order following an | 307 |
adjudication that a child is an unruly child that is described in | 308 |
division (A)(4) of section 2152.19 of the Revised Code. | 309 |
(42) "Protective supervision" means an order of disposition | 310 |
pursuant to which the court permits an abused, neglected, | 311 |
dependent, or unruly child to remain in the custody of the child's | 312 |
parents, guardian, or custodian and stay in the child's home, | 313 |
subject to any conditions and limitations upon the child, the | 314 |
child's parents, guardian, or custodian, or any other person that | 315 |
the court prescribes, including supervision as directed by the | 316 |
court for the protection of the child. | 317 |
(43) "Psychiatrist" has the same meaning as in section | 318 |
5122.01 of the Revised Code. | 319 |
(44) "Psychologist" has the same meaning as in section | 320 |
4732.01 of the Revised Code. | 321 |
(45) "Residential camp" means a program in which the care, | 322 |
physical custody, or control of children is accepted overnight for | 323 |
recreational or recreational and educational purposes. | 324 |
(46) "Residential care facility" means an institution, | 325 |
residence, or facility that is licensed by the department of | 326 |
mental health under section 5119.22 of the Revised Code and that | 327 |
provides care for a child. | 328 |
(47) "Residential facility" means a home or facility that is | 329 |
licensed by the department of developmental disabilities under | 330 |
section 5123.19 of the Revised Code and in which a child with a | 331 |
developmental disability resides. | 332 |
(48) "Residual parental rights, privileges, and | 333 |
responsibilities" means those rights, privileges, and | 334 |
responsibilities remaining with the natural parent after the | 335 |
transfer of legal custody of the child, including, but not | 336 |
necessarily limited to, the privilege of reasonable visitation, | 337 |
consent to adoption, the privilege to determine the child's | 338 |
religious affiliation, and the responsibility for support. | 339 |
(49) "School day" means the school day established by the | 340 |
state board of education pursuant to section 3313.48 of the | 341 |
Revised Code. | 342 |
(50) "School month" and "school year" have the same meanings | 343 |
as in section 3313.62 of the Revised Code. | 344 |
(51) "Secure correctional facility" means a facility under | 345 |
the direction of the department of youth services that is designed | 346 |
to physically restrict the movement and activities of children and | 347 |
used for the placement of children after adjudication and | 348 |
disposition. | 349 |
(52) "Sexual activity" has the same meaning as in section | 350 |
2907.01 of the Revised Code. | 351 |
(53) "Shelter" means the temporary care of children in | 352 |
physically unrestricted facilities pending court adjudication or | 353 |
disposition. | 354 |
(54) "Shelter for victims of domestic violence" has the same | 355 |
meaning as in section 3113.33 of the Revised Code. | 356 |
(55) "Temporary custody" means legal custody of a child who | 357 |
is removed from the child's home, which custody may be terminated | 358 |
at any time at the discretion of the court or, if the legal | 359 |
custody is granted in an agreement for temporary custody, by the | 360 |
person who executed the agreement. | 361 |
(56) "Traditional response" means a public children services | 362 |
agency's response to a report of child abuse or neglect that | 363 |
encourages engagement of the family in a comprehensive evaluation | 364 |
of the child's current and future safety needs and a fact-finding | 365 |
process to determine whether child abuse or neglect occurred and | 366 |
the circumstances surrounding the alleged harm or risk of harm. | 367 |
(C) For the purposes of this chapter, a child shall be | 368 |
presumed abandoned when the parents of the child have failed to | 369 |
visit or maintain contact with the child for more than ninety | 370 |
days, regardless of whether the parents resume contact with the | 371 |
child after that period of ninety days. | 372 |
Sec. 2151.23. (A) The juvenile court has exclusive original | 373 |
jurisdiction under the Revised Code as follows: | 374 |
(1) Concerning any child who on or about the date specified | 375 |
in the complaint, indictment, or information is alleged to have | 376 |
violated section 2151.87 of the Revised Code or an order issued | 377 |
under that section or to be a juvenile traffic offender or a | 378 |
delinquent, unruly, abused, neglected, or dependent child and, | 379 |
based on and in relation to the allegation pertaining to the | 380 |
child, concerning the parent, guardian, or other person having | 381 |
care of a child who is alleged to be an unruly or delinquent child | 382 |
for being an habitual or chronic truant; | 383 |
(2) Subject to divisions (G), (K), and (V) of section 2301.03 | 384 |
of the Revised Code, to determine the custody of any child not a | 385 |
ward of another court of this state; | 386 |
(3) To hear and determine any application for a writ of | 387 |
habeas corpus involving the custody of a child; | 388 |
(4) To exercise the powers and jurisdiction given the probate | 389 |
division of the court of common pleas in Chapter 5122. of the | 390 |
Revised Code, if the court has probable cause to believe that a | 391 |
child otherwise within the jurisdiction of the court is a mentally | 392 |
ill person subject to | 393 |
in section 5122.01 of the Revised Code; | 394 |
(5) To hear and determine all criminal cases charging adults | 395 |
with the violation of any section of this chapter; | 396 |
(6) To hear and determine all criminal cases in which an | 397 |
adult is charged with a violation of division (C) of section | 398 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 399 |
division (B) of section 2919.23, or section 2919.24 of the Revised | 400 |
Code, provided the charge is not included in an indictment that | 401 |
also charges the alleged adult offender with the commission of a | 402 |
felony arising out of the same actions that are the basis of the | 403 |
alleged violation of division (C) of section 2919.21, division | 404 |
(B)(1) of section 2919.22, section 2919.222, division (B) of | 405 |
section 2919.23, or section 2919.24 of the Revised Code; | 406 |
(7) Under the interstate compact on juveniles in section | 407 |
2151.56 of the Revised Code; | 408 |
(8) Concerning any child who is to be taken into custody | 409 |
pursuant to section 2151.31 of the Revised Code, upon being | 410 |
notified of the intent to take the child into custody and the | 411 |
reasons for taking the child into custody; | 412 |
(9) To hear and determine requests for the extension of | 413 |
temporary custody agreements, and requests for court approval of | 414 |
permanent custody agreements, that are filed pursuant to section | 415 |
5103.15 of the Revised Code; | 416 |
(10) To hear and determine applications for consent to marry | 417 |
pursuant to section 3101.04 of the Revised Code; | 418 |
(11) Subject to divisions (G), (K), and (V) of section | 419 |
2301.03 of the Revised Code, to hear and determine a request for | 420 |
an order for the support of any child if the request is not | 421 |
ancillary to an action for divorce, dissolution of marriage, | 422 |
annulment, or legal separation, a criminal or civil action | 423 |
involving an allegation of domestic violence, or an action for | 424 |
support brought under Chapter 3115. of the Revised Code; | 425 |
(12) Concerning an action commenced under section 121.38 of | 426 |
the Revised Code; | 427 |
(13) To hear and determine violations of section 3321.38 of | 428 |
the Revised Code; | 429 |
(14) To exercise jurisdiction and authority over the parent, | 430 |
guardian, or other person having care of a child alleged to be a | 431 |
delinquent child, unruly child, or juvenile traffic offender, | 432 |
based on and in relation to the allegation pertaining to the | 433 |
child; | 434 |
(15) To conduct the hearings, and to make the determinations, | 435 |
adjudications, and orders authorized or required under sections | 436 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding | 437 |
a child who has been adjudicated a delinquent child and to refer | 438 |
the duties conferred upon the juvenile court judge under sections | 439 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to | 440 |
magistrates appointed by the juvenile court judge in accordance | 441 |
with Juvenile Rule 40; | 442 |
(16) To hear and determine a petition for a protection order | 443 |
against a child under section 2151.34 or 3113.31 of the Revised | 444 |
Code and to enforce a protection order issued or a consent | 445 |
agreement approved under either section against a child until a | 446 |
date certain but not later than the date the child attains | 447 |
nineteen years of age. | 448 |
(B) Except as provided in divisions (G) and (I) of section | 449 |
2301.03 of the Revised Code, the juvenile court has original | 450 |
jurisdiction under the Revised Code: | 451 |
(1) To hear and determine all cases of misdemeanors charging | 452 |
adults with any act or omission with respect to any child, which | 453 |
act or omission is a violation of any state law or any municipal | 454 |
ordinance; | 455 |
(2) To determine the paternity of any child alleged to have | 456 |
been born out of wedlock pursuant to sections 3111.01 to 3111.18 | 457 |
of the Revised Code; | 458 |
(3) Under the uniform interstate family support act in | 459 |
Chapter 3115. of the Revised Code; | 460 |
(4) To hear and determine an application for an order for the | 461 |
support of any child, if the child is not a ward of another court | 462 |
of this state; | 463 |
(5) To hear and determine an action commenced under section | 464 |
3111.28 of the Revised Code; | 465 |
(6) To hear and determine a motion filed under section | 466 |
3119.961 of the Revised Code; | 467 |
(7) To receive filings under section 3109.74 of the Revised | 468 |
Code, and to hear and determine actions arising under sections | 469 |
3109.51 to 3109.80 of the Revised Code. | 470 |
(8) To enforce an order for the return of a child made under | 471 |
the Hague Convention on the Civil Aspects of International Child | 472 |
Abduction pursuant to section 3127.32 of the Revised Code; | 473 |
(9) To grant any relief normally available under the laws of | 474 |
this state to enforce a child custody determination made by a | 475 |
court of another state and registered in accordance with section | 476 |
3127.35 of the Revised Code. | 477 |
(C) The juvenile court, except as to juvenile courts that are | 478 |
a separate division of the court of common pleas or a separate and | 479 |
independent juvenile court, has jurisdiction to hear, determine, | 480 |
and make a record of any action for divorce or legal separation | 481 |
that involves the custody or care of children and that is filed in | 482 |
the court of common pleas and certified by the court of common | 483 |
pleas with all the papers filed in the action to the juvenile | 484 |
court for trial, provided that no certification of that nature | 485 |
shall be made to any juvenile court unless the consent of the | 486 |
juvenile judge first is obtained. After a certification of that | 487 |
nature is made and consent is obtained, the juvenile court shall | 488 |
proceed as if the action originally had been begun in that court, | 489 |
except as to awards for spousal support or support due and unpaid | 490 |
at the time of certification, over which the juvenile court has no | 491 |
jurisdiction. | 492 |
(D) The juvenile court, except as provided in divisions (G) | 493 |
and (I) of section 2301.03 of the Revised Code, has jurisdiction | 494 |
to hear and determine all matters as to custody and support of | 495 |
children duly certified by the court of common pleas to the | 496 |
juvenile court after a divorce decree has been granted, including | 497 |
jurisdiction to modify the judgment and decree of the court of | 498 |
common pleas as the same relate to the custody and support of | 499 |
children. | 500 |
(E) The juvenile court, except as provided in divisions (G) | 501 |
and (I) of section 2301.03 of the Revised Code, has jurisdiction | 502 |
to hear and determine the case of any child certified to the court | 503 |
by any court of competent jurisdiction if the child comes within | 504 |
the jurisdiction of the juvenile court as defined by this section. | 505 |
(F)(1) The juvenile court shall exercise its jurisdiction in | 506 |
child custody matters in accordance with sections 3109.04 and | 507 |
3127.01 to 3127.53 of the Revised Code and, as applicable, | 508 |
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised | 509 |
Code. | 510 |
(2) The juvenile court shall exercise its jurisdiction in | 511 |
child support matters in accordance with section 3109.05 of the | 512 |
Revised Code. | 513 |
(G) Any juvenile court that makes or modifies an order for | 514 |
child support shall comply with Chapters 3119., 3121., 3123., and | 515 |
3125. of the Revised Code. If any person required to pay child | 516 |
support under an order made by a juvenile court on or after April | 517 |
15, 1985, or modified on or after December 1, 1986, is found in | 518 |
contempt of court for failure to make support payments under the | 519 |
order, the court that makes the finding, in addition to any other | 520 |
penalty or remedy imposed, shall assess all court costs arising | 521 |
out of the contempt proceeding against the person and require the | 522 |
person to pay any reasonable attorney's fees of any adverse party, | 523 |
as determined by the court, that arose in relation to the act of | 524 |
contempt. | 525 |
(H) If a child who is charged with an act that would be an | 526 |
offense if committed by an adult was fourteen years of age or | 527 |
older and under eighteen years of age at the time of the alleged | 528 |
act and if the case is transferred for criminal prosecution | 529 |
pursuant to section 2152.12 of the Revised Code, except as | 530 |
provided in section 2152.121 of the Revised Code, the juvenile | 531 |
court does not have jurisdiction to hear or determine the case | 532 |
subsequent to the transfer. The court to which the case is | 533 |
transferred for criminal prosecution pursuant to that section has | 534 |
jurisdiction subsequent to the transfer to hear and determine the | 535 |
case in the same manner as if the case originally had been | 536 |
commenced in that court, subject to section 2152.121 of the | 537 |
Revised Code, including, but not limited to, jurisdiction to | 538 |
accept a plea of guilty or another plea authorized by Criminal | 539 |
Rule 11 or another section of the Revised Code and jurisdiction to | 540 |
accept a verdict and to enter a judgment of conviction pursuant to | 541 |
the Rules of Criminal Procedure against the child for the | 542 |
commission of the offense that was the basis of the transfer of | 543 |
the case for criminal prosecution, whether the conviction is for | 544 |
the same degree or a lesser degree of the offense charged, for the | 545 |
commission of a lesser-included offense, or for the commission of | 546 |
another offense that is different from the offense charged. | 547 |
(I) If a person under eighteen years of age allegedly commits | 548 |
an act that would be a felony if committed by an adult and if the | 549 |
person is not taken into custody or apprehended for that act until | 550 |
after the person attains twenty-one years of age, the juvenile | 551 |
court does not have jurisdiction to hear or determine any portion | 552 |
of the case charging the person with committing that act. In those | 553 |
circumstances, divisions (A) and (B) of section 2152.12 of the | 554 |
Revised Code do not apply regarding the act, and the case charging | 555 |
the person with committing the act shall be a criminal prosecution | 556 |
commenced and heard in the appropriate court having jurisdiction | 557 |
of the offense as if the person had been eighteen years of age or | 558 |
older when the person committed the act. All proceedings | 559 |
pertaining to the act shall be within the jurisdiction of the | 560 |
court having jurisdiction of the offense, and that court has all | 561 |
the authority and duties in the case that it has in other criminal | 562 |
cases in that court. | 563 |
(J) In exercising its exclusive original jurisdiction under | 564 |
division (A)(16) of this section with respect to any proceedings | 565 |
brought under section 2151.34 or 3113.31 of the Revised Code in | 566 |
which the respondent is a child, the juvenile court retains all | 567 |
dispositionary powers consistent with existing rules of juvenile | 568 |
procedure and may also exercise its discretion to adjudicate | 569 |
proceedings as provided in sections 2151.34 and 3113.31 of the | 570 |
Revised Code, including the issuance of protection orders or the | 571 |
approval of consent agreements under those sections. | 572 |
Sec. 2923.125. (A) This section applies with respect to the | 573 |
application for and issuance by this state of concealed handgun | 574 |
licenses other than concealed handgun licenses on a temporary | 575 |
emergency basis that are issued under section 2923.1213 of the | 576 |
Revised Code. Upon the request of a person who wishes to obtain a | 577 |
concealed handgun license with respect to which this section | 578 |
applies or to renew a concealed handgun license with respect to | 579 |
which this section applies, a sheriff, as provided in division (I) | 580 |
of this section, shall provide to the person free of charge an | 581 |
application form and the web site address at which the pamphlet | 582 |
described in division (B) of section 109.731 of the Revised Code | 583 |
may be found. A sheriff shall accept a completed application form | 584 |
and the fee, items, materials, and information specified in | 585 |
divisions (B)(1) to (5) of this section at the times and in the | 586 |
manners described in division (I) of this section. | 587 |
(B) An applicant for a concealed handgun license with respect | 588 |
to which this section applies shall submit a completed application | 589 |
form and all of the following to the sheriff of the county in | 590 |
which the applicant resides or to the sheriff of any county | 591 |
adjacent to the county in which the applicant resides: | 592 |
(1)(a) A nonrefundable license fee as described in either of | 593 |
the following: | 594 |
(i) For an applicant who has been a resident of this state | 595 |
for five or more years, a fee of sixty-seven dollars; | 596 |
(ii) For an applicant who has been a resident of this state | 597 |
for less than five years, a fee of sixty-seven dollars plus the | 598 |
actual cost of having a background check performed by the federal | 599 |
bureau of investigation. | 600 |
(b) No sheriff shall require an applicant to pay for the cost | 601 |
of a background check performed by the bureau of criminal | 602 |
identification and investigation. | 603 |
(c) A sheriff shall waive the payment of the license fee | 604 |
described in division (B)(1)(a) of this section in connection with | 605 |
an initial or renewal application for a license that is submitted | 606 |
by an applicant who is a retired peace officer, a retired person | 607 |
described in division (B)(1)(b) of section 109.77 of the Revised | 608 |
Code, or a retired federal law enforcement officer who, prior to | 609 |
retirement, was authorized under federal law to carry a firearm in | 610 |
the course of duty, unless the retired peace officer, person, or | 611 |
federal law enforcement officer retired as the result of a mental | 612 |
disability. | 613 |
(d) The sheriff shall deposit all fees paid by an applicant | 614 |
under division (B)(1)(a) of this section into the sheriff's | 615 |
concealed handgun license issuance fund established pursuant to | 616 |
section 311.42 of the Revised Code. The county shall distribute | 617 |
the fees in accordance with section 311.42 of the Revised Code. | 618 |
(2) A color photograph of the applicant that was taken within | 619 |
thirty days prior to the date of the application; | 620 |
(3) One or more of the following competency certifications, | 621 |
each of which shall reflect that, regarding a certification | 622 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 623 |
section, within the three years immediately preceding the | 624 |
application the applicant has performed that to which the | 625 |
competency certification relates and that, regarding a | 626 |
certification described in division (B)(3)(d) of this section, the | 627 |
applicant currently is an active or reserve member of the armed | 628 |
forces of the United States or within the six years immediately | 629 |
preceding the application the honorable discharge or retirement to | 630 |
which the competency certification relates occurred: | 631 |
(a) An original or photocopy of a certificate of completion | 632 |
of a firearms safety, training, or requalification or firearms | 633 |
safety instructor course, class, or program that was offered by or | 634 |
under the auspices of the national rifle association and that | 635 |
complies with the requirements set forth in division (G) of this | 636 |
section; | 637 |
(b) An original or photocopy of a certificate of completion | 638 |
of a firearms safety, training, or requalification or firearms | 639 |
safety instructor course, class, or program that satisfies all of | 640 |
the following criteria: | 641 |
(i) It was open to members of the general public. | 642 |
(ii) It utilized qualified instructors who were certified by | 643 |
the national rifle association, the executive director of the Ohio | 644 |
peace officer training commission pursuant to section 109.75 or | 645 |
109.78 of the Revised Code, or a governmental official or entity | 646 |
of another state. | 647 |
(iii) It was offered by or under the auspices of a law | 648 |
enforcement agency of this or another state or the United States, | 649 |
a public or private college, university, or other similar | 650 |
postsecondary educational institution located in this or another | 651 |
state, a firearms training school located in this or another | 652 |
state, or another type of public or private entity or organization | 653 |
located in this or another state. | 654 |
(iv) It complies with the requirements set forth in division | 655 |
(G) of this section. | 656 |
(c) An original or photocopy of a certificate of completion | 657 |
of a state, county, municipal, or department of natural resources | 658 |
peace officer training school that is approved by the executive | 659 |
director of the Ohio peace officer training commission pursuant to | 660 |
section 109.75 of the Revised Code and that complies with the | 661 |
requirements set forth in division (G) of this section, or the | 662 |
applicant has satisfactorily completed and been issued a | 663 |
certificate of completion of a basic firearms training program, a | 664 |
firearms requalification training program, or another basic | 665 |
training program described in section 109.78 or 109.801 of the | 666 |
Revised Code that complies with the requirements set forth in | 667 |
division (G) of this section; | 668 |
(d) A document that evidences both of the following: | 669 |
(i) That the applicant is an active or reserve member of the | 670 |
armed forces of the United States, was honorably discharged from | 671 |
military service in the active or reserve armed forces of the | 672 |
United States, is a retired trooper of the state highway patrol, | 673 |
or is a retired peace officer or federal law enforcement officer | 674 |
described in division (B)(1) of this section or a retired person | 675 |
described in division (B)(1)(b) of section 109.77 of the Revised | 676 |
Code and division (B)(1) of this section; | 677 |
(ii) That, through participation in the military service or | 678 |
through the former employment described in division (B)(3)(d)(i) | 679 |
of this section, the applicant acquired experience with handling | 680 |
handguns or other firearms, and the experience so acquired was | 681 |
equivalent to training that the applicant could have acquired in a | 682 |
course, class, or program described in division (B)(3)(a), (b), or | 683 |
(c) of this section. | 684 |
(e) A certificate or another similar document that evidences | 685 |
satisfactory completion of a firearms training, safety, or | 686 |
requalification or firearms safety instructor course, class, or | 687 |
program that is not otherwise described in division (B)(3)(a), | 688 |
(b), (c), or (d) of this section, that was conducted by an | 689 |
instructor who was certified by an official or entity of the | 690 |
government of this or another state or the United States or by the | 691 |
national rifle association, and that complies with the | 692 |
requirements set forth in division (G) of this section; | 693 |
(f) An affidavit that attests to the applicant's satisfactory | 694 |
completion of a course, class, or program described in division | 695 |
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed | 696 |
by the applicant's instructor or an authorized representative of | 697 |
the entity that offered the course, class, or program or under | 698 |
whose auspices the course, class, or program was offered. | 699 |
(4) A certification by the applicant that the applicant has | 700 |
read the pamphlet prepared by the Ohio peace officer training | 701 |
commission pursuant to section 109.731 of the Revised Code that | 702 |
reviews firearms, dispute resolution, and use of deadly force | 703 |
matters. | 704 |
(5) A set of fingerprints of the applicant provided as | 705 |
described in section 311.41 of the Revised Code through use of an | 706 |
electronic fingerprint reading device or, if the sheriff to whom | 707 |
the application is submitted does not possess and does not have | 708 |
ready access to the use of such a reading device, on a standard | 709 |
impression sheet prescribed pursuant to division (C)(2) of section | 710 |
109.572 of the Revised Code. | 711 |
(C) Upon receipt of the completed application form, | 712 |
supporting documentation, and, if not waived, license fee of an | 713 |
applicant under this section, a sheriff, in the manner specified | 714 |
in section 311.41 of the Revised Code, shall conduct or cause to | 715 |
be conducted the criminal records check and the incompetency | 716 |
records check described in section 311.41 of the Revised Code. | 717 |
(D)(1) Except as provided in division (D)(3) or (4) of this | 718 |
section, within forty-five days after a sheriff's receipt of an | 719 |
applicant's completed application form for a concealed handgun | 720 |
license under this section, the supporting documentation, and, if | 721 |
not waived, the license fee, the sheriff shall make available | 722 |
through the law enforcement automated data system in accordance | 723 |
with division (H) of this section the information described in | 724 |
that division and, upon making the information available through | 725 |
the system, shall issue to the applicant a concealed handgun | 726 |
license that shall expire as described in division (D)(2)(a) of | 727 |
this section if all of the following apply: | 728 |
(a) The applicant is legally living in the United States, has | 729 |
been a resident of this state for at least forty-five days, and | 730 |
has been a resident of the county in which the person seeks the | 731 |
license or a county adjacent to the county in which the person | 732 |
seeks the license for at least thirty days. For purposes of | 733 |
division (D)(1)(a) of this section: | 734 |
(i) If a person is absent from the United States, from this | 735 |
state, or from a particular county in this state in compliance | 736 |
with military or naval orders as an active or reserve member of | 737 |
the armed forces of the United States and if prior to leaving this | 738 |
state in compliance with those orders the person was legally | 739 |
living in the United States and was a resident of this state, the | 740 |
person, solely by reason of that absence, shall not be considered | 741 |
to have lost the person's status as living in the United States or | 742 |
the person's residence in this state or in the county in which the | 743 |
person was a resident prior to leaving this state in compliance | 744 |
with those orders, without regard to whether or not the person | 745 |
intends to return to this state or to that county, shall not be | 746 |
considered to have acquired a residence in any other state, and | 747 |
shall not be considered to have become a resident of any other | 748 |
state. | 749 |
(ii) If a person is present in this state in compliance with | 750 |
military or naval orders as an active or reserve member of the | 751 |
armed forces of the United States for at least forty-five days, | 752 |
the person shall be considered to have been a resident of this | 753 |
state for that period of at least forty-five days, and, if a | 754 |
person is present in a county of this state in compliance with | 755 |
military or naval orders as an active or reserve member of the | 756 |
armed forces of the United States for at least thirty days, the | 757 |
person shall be considered to have been a resident of that county | 758 |
for that period of at least thirty days. | 759 |
(b) The applicant is at least twenty-one years of age. | 760 |
(c) The applicant is not a fugitive from justice. | 761 |
(d) The applicant is not under indictment for or otherwise | 762 |
charged with a felony; an offense under Chapter 2925., 3719., or | 763 |
4729. of the Revised Code that involves the illegal possession, | 764 |
use, sale, administration, or distribution of or trafficking in a | 765 |
drug of abuse; a misdemeanor offense of violence; or a violation | 766 |
of section 2903.14 or 2923.1211 of the Revised Code. | 767 |
(e) Except as otherwise provided in division (D)(5) of this | 768 |
section, the applicant has not been convicted of or pleaded guilty | 769 |
to a felony or an offense under Chapter 2925., 3719., or 4729. of | 770 |
the Revised Code that involves the illegal possession, use, sale, | 771 |
administration, or distribution of or trafficking in a drug of | 772 |
abuse; has not been adjudicated a delinquent child for committing | 773 |
an act that if committed by an adult would be a felony or would be | 774 |
an offense under Chapter 2925., 3719., or 4729. of the Revised | 775 |
Code that involves the illegal possession, use, sale, | 776 |
administration, or distribution of or trafficking in a drug of | 777 |
abuse; and has not been convicted of, pleaded guilty to, or | 778 |
adjudicated a delinquent child for committing a violation of | 779 |
section 2903.13 of the Revised Code when the victim of the | 780 |
violation is a peace officer, regardless of whether the applicant | 781 |
was sentenced under division (C)(3) of that section. | 782 |
(f) Except as otherwise provided in division (D)(5) of this | 783 |
section, the applicant, within three years of the date of the | 784 |
application, has not been convicted of or pleaded guilty to a | 785 |
misdemeanor offense of violence other than a misdemeanor violation | 786 |
of section 2921.33 of the Revised Code or a violation of section | 787 |
2903.13 of the Revised Code when the victim of the violation is a | 788 |
peace officer, or a misdemeanor violation of section 2923.1211 of | 789 |
the Revised Code; and has not been adjudicated a delinquent child | 790 |
for committing an act that if committed by an adult would be a | 791 |
misdemeanor offense of violence other than a misdemeanor violation | 792 |
of section 2921.33 of the Revised Code or a violation of section | 793 |
2903.13 of the Revised Code when the victim of the violation is a | 794 |
peace officer or for committing an act that if committed by an | 795 |
adult would be a misdemeanor violation of section 2923.1211 of the | 796 |
Revised Code. | 797 |
(g) Except as otherwise provided in division (D)(1)(e) of | 798 |
this section, the applicant, within five years of the date of the | 799 |
application, has not been convicted of, pleaded guilty to, or | 800 |
adjudicated a delinquent child for committing two or more | 801 |
violations of section 2903.13 or 2903.14 of the Revised Code. | 802 |
(h) Except as otherwise provided in division (D)(5) of this | 803 |
section, the applicant, within ten years of the date of the | 804 |
application, has not been convicted of, pleaded guilty to, or | 805 |
adjudicated a delinquent child for committing a violation of | 806 |
section 2921.33 of the Revised Code. | 807 |
(i) The applicant has not been adjudicated as a mental | 808 |
defective, has not been committed to any mental institution, is | 809 |
not under adjudication of mental incompetence, has not been found | 810 |
by a court to be a mentally ill person subject to | 811 |
812 | |
who is a patient only for purposes of observation. As used in this | 813 |
division, "mentally ill person subject to | 814 |
order" and "patient" have the same meanings as in section 5122.01 | 815 |
of the Revised Code. | 816 |
(j) The applicant is not currently subject to a civil | 817 |
protection order, a temporary protection order, or a protection | 818 |
order issued by a court of another state. | 819 |
(k) The applicant certifies that the applicant desires a | 820 |
legal means to carry a concealed handgun for defense of the | 821 |
applicant or a member of the applicant's family while engaged in | 822 |
lawful activity. | 823 |
(l) The applicant submits a competency certification of the | 824 |
type described in division (B)(3) of this section and submits a | 825 |
certification of the type described in division (B)(4) of this | 826 |
section regarding the applicant's reading of the pamphlet prepared | 827 |
by the Ohio peace officer training commission pursuant to section | 828 |
109.731 of the Revised Code. | 829 |
(m) The applicant currently is not subject to a suspension | 830 |
imposed under division (A)(2) of section 2923.128 of the Revised | 831 |
Code of a concealed handgun license that previously was issued to | 832 |
the applicant under this section or section 2923.1213 of the | 833 |
Revised Code. | 834 |
(2)(a) A concealed handgun license that a sheriff issues | 835 |
under division (D)(1) of this section shall expire five years | 836 |
after the date of issuance. | 837 |
If a sheriff issues a license under this section, the sheriff | 838 |
shall place on the license a unique combination of letters and | 839 |
numbers identifying the license in accordance with the procedure | 840 |
prescribed by the Ohio peace officer training commission pursuant | 841 |
to section 109.731 of the Revised Code. | 842 |
(b) If a sheriff denies an application under this section | 843 |
because the applicant does not satisfy the criteria described in | 844 |
division (D)(1) of this section, the sheriff shall specify the | 845 |
grounds for the denial in a written notice to the applicant. The | 846 |
applicant may appeal the denial pursuant to section 119.12 of the | 847 |
Revised Code in the county served by the sheriff who denied the | 848 |
application. If the denial was as a result of the criminal records | 849 |
check conducted pursuant to section 311.41 of the Revised Code and | 850 |
if, pursuant to section 2923.127 of the Revised Code, the | 851 |
applicant challenges the criminal records check results using the | 852 |
appropriate challenge and review procedure specified in that | 853 |
section, the time for filing the appeal pursuant to section 119.12 | 854 |
of the Revised Code and this division is tolled during the | 855 |
pendency of the request or the challenge and review. If the court | 856 |
in an appeal under section 119.12 of the Revised Code and this | 857 |
division enters a judgment sustaining the sheriff's refusal to | 858 |
grant to the applicant a concealed handgun license, the applicant | 859 |
may file a new application beginning one year after the judgment | 860 |
is entered. If the court enters a judgment in favor of the | 861 |
applicant, that judgment shall not restrict the authority of a | 862 |
sheriff to suspend or revoke the license pursuant to section | 863 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 864 |
the license for any proper cause that may occur after the date the | 865 |
judgment is entered. In the appeal, the court shall have full | 866 |
power to dispose of all costs. | 867 |
(3) If the sheriff with whom an application for a concealed | 868 |
handgun license was filed under this section becomes aware that | 869 |
the applicant has been arrested for or otherwise charged with an | 870 |
offense that would disqualify the applicant from holding the | 871 |
license, the sheriff shall suspend the processing of the | 872 |
application until the disposition of the case arising from the | 873 |
arrest or charge. | 874 |
(4) If the sheriff determines that the applicant is legally | 875 |
living in the United States and is a resident of the county in | 876 |
which the applicant seeks the license or of an adjacent county but | 877 |
does not yet meet the residency requirements described in division | 878 |
(D)(1)(a) of this section, the sheriff shall not deny the license | 879 |
because of the residency requirements but shall not issue the | 880 |
license until the applicant meets those residency requirements. | 881 |
(5) If an applicant has been convicted of or pleaded guilty | 882 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 883 |
this section or has been adjudicated a delinquent child for | 884 |
committing an act or violation identified in any of those | 885 |
divisions, and if a court has ordered the sealing or expungement | 886 |
of the records of that conviction, guilty plea, or adjudication | 887 |
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to | 888 |
2953.36, or section 2953.37 of the Revised Code or a court has | 889 |
granted the applicant relief pursuant to section 2923.14 of the | 890 |
Revised Code from the disability imposed pursuant to section | 891 |
2923.13 of the Revised Code relative to that conviction, guilty | 892 |
plea, or adjudication, the sheriff with whom the application was | 893 |
submitted shall not consider the conviction, guilty plea, or | 894 |
adjudication in making a determination under division (D)(1) or | 895 |
(F) of this section or, in relation to an application for a | 896 |
concealed handgun license on a temporary emergency basis submitted | 897 |
under section 2923.1213 of the Revised Code, in making a | 898 |
determination under division (B)(2) of that section. | 899 |
(E) If a concealed handgun license issued under this section | 900 |
is lost or is destroyed, the licensee may obtain from the sheriff | 901 |
who issued that license a duplicate license upon the payment of a | 902 |
fee of fifteen dollars and the submission of an affidavit | 903 |
attesting to the loss or destruction of the license. The sheriff, | 904 |
in accordance with the procedures prescribed in section 109.731 of | 905 |
the Revised Code, shall place on the replacement license a | 906 |
combination of identifying numbers different from the combination | 907 |
on the license that is being replaced. | 908 |
(F)(1) A licensee who wishes to renew a concealed handgun | 909 |
license issued under this section shall do so not earlier than | 910 |
ninety days before the expiration date of the license or at any | 911 |
time after the expiration date of the license by filing with the | 912 |
sheriff of the county in which the applicant resides or with the | 913 |
sheriff of an adjacent county an application for renewal of the | 914 |
license obtained pursuant to division (D) of this section, a | 915 |
certification by the applicant that, subsequent to the issuance of | 916 |
the license, the applicant has reread the pamphlet prepared by the | 917 |
Ohio peace officer training commission pursuant to section 109.731 | 918 |
of the Revised Code that reviews firearms, dispute resolution, and | 919 |
use of deadly force matters, and a nonrefundable license renewal | 920 |
fee in an amount determined pursuant to division (F)(4) of this | 921 |
section unless the fee is waived. | 922 |
(2) A sheriff shall accept a completed renewal application, | 923 |
the license renewal fee, and the information specified in division | 924 |
(F)(1) of this section at the times and in the manners described | 925 |
in division (I) of this section. Upon receipt of a completed | 926 |
renewal application, of certification that the applicant has | 927 |
reread the specified pamphlet prepared by the Ohio peace officer | 928 |
training commission, and of a license renewal fee unless the fee | 929 |
is waived, a sheriff, in the manner specified in section 311.41 of | 930 |
the Revised Code shall conduct or cause to be conducted the | 931 |
criminal records check and the incompetency records check | 932 |
described in section 311.41 of the Revised Code. The sheriff shall | 933 |
renew the license if the sheriff determines that the applicant | 934 |
continues to satisfy the requirements described in division (D)(1) | 935 |
of this section, except that the applicant is not required to meet | 936 |
the requirements of division (D)(1)(l) of this section. A renewed | 937 |
license shall expire five years after the date of issuance. A | 938 |
renewed license is subject to division (E) of this section and | 939 |
sections 2923.126 and 2923.128 of the Revised Code. A sheriff | 940 |
shall comply with divisions (D)(2) to (4) of this section when the | 941 |
circumstances described in those divisions apply to a requested | 942 |
license renewal. If a sheriff denies the renewal of a concealed | 943 |
handgun license, the applicant may appeal the denial, or challenge | 944 |
the criminal record check results that were the basis of the | 945 |
denial if applicable, in the same manner as specified in division | 946 |
(D)(2)(b) of this section and in section 2923.127 of the Revised | 947 |
Code, regarding the denial of a license under this section. | 948 |
(3) A renewal application submitted pursuant to division (F) | 949 |
of this section shall only require the licensee to list on the | 950 |
application form information and matters occurring since the date | 951 |
of the licensee's last application for a license pursuant to | 952 |
division (B) or (F) of this section. A sheriff conducting the | 953 |
criminal records check and the incompetency records check | 954 |
described in section 311.41 of the Revised Code shall conduct the | 955 |
check only from the date of the licensee's last application for a | 956 |
license pursuant to division (B) or (F) of this section through | 957 |
the date of the renewal application submitted pursuant to division | 958 |
(F) of this section. | 959 |
(4) An applicant for a renewal concealed handgun license | 960 |
under this section shall submit to the sheriff of the county in | 961 |
which the applicant resides or to the sheriff of any county | 962 |
adjacent to the county in which the applicant resides a | 963 |
nonrefundable license fee as described in either of the following: | 964 |
(a) For an applicant who has been a resident of this state | 965 |
for five or more years, a fee of fifty dollars; | 966 |
(b) For an applicant who has been a resident of this state | 967 |
for less than five years, a fee of fifty dollars plus the actual | 968 |
cost of having a background check performed by the federal bureau | 969 |
of investigation. | 970 |
(G)(1) Each course, class, or program described in division | 971 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 972 |
person who takes the course, class, or program the web site | 973 |
address at which the pamphlet prepared by the Ohio peace officer | 974 |
training commission pursuant to section 109.731 of the Revised | 975 |
Code that reviews firearms, dispute resolution, and use of deadly | 976 |
force matters may be found. Each such course, class, or program | 977 |
described in one of those divisions shall include at least twelve | 978 |
hours of training in the safe handling and use of a firearm that | 979 |
shall include all of the following: | 980 |
(a) At least ten hours of training on the following matters: | 981 |
(i) The ability to name, explain, and demonstrate the rules | 982 |
for safe handling of a handgun and proper storage practices for | 983 |
handguns and ammunition; | 984 |
(ii) The ability to demonstrate and explain how to handle | 985 |
ammunition in a safe manner; | 986 |
(iii) The ability to demonstrate the knowledge, skills, and | 987 |
attitude necessary to shoot a handgun in a safe manner; | 988 |
(iv) Gun handling training. | 989 |
(b) At least two hours of training that consists of range | 990 |
time and live-fire training. | 991 |
(2) To satisfactorily complete the course, class, or program | 992 |
described in division (B)(3)(a), (b), (c), or (e) of this section, | 993 |
the applicant shall pass a competency examination that shall | 994 |
include both of the following: | 995 |
(a) A written section on the ability to name and explain the | 996 |
rules for the safe handling of a handgun and proper storage | 997 |
practices for handguns and ammunition; | 998 |
(b) A physical demonstration of competence in the use of a | 999 |
handgun and in the rules for safe handling and storage of a | 1000 |
handgun and a physical demonstration of the attitude necessary to | 1001 |
shoot a handgun in a safe manner. | 1002 |
(3) The competency certification described in division | 1003 |
(B)(3)(a), (b), (c), or (e) of this section shall be dated and | 1004 |
shall attest that the course, class, or program the applicant | 1005 |
successfully completed met the requirements described in division | 1006 |
(G)(1) of this section and that the applicant passed the | 1007 |
competency examination described in division (G)(2) of this | 1008 |
section. | 1009 |
(H) Upon deciding to issue a concealed handgun license, | 1010 |
deciding to issue a replacement concealed handgun license, or | 1011 |
deciding to renew a concealed handgun license pursuant to this | 1012 |
section, and before actually issuing or renewing the license, the | 1013 |
sheriff shall make available through the law enforcement automated | 1014 |
data system all information contained on the license. If the | 1015 |
license subsequently is suspended under division (A)(1) or (2) of | 1016 |
section 2923.128 of the Revised Code, revoked pursuant to division | 1017 |
(B)(1) of section 2923.128 of the Revised Code, or lost or | 1018 |
destroyed, the sheriff also shall make available through the law | 1019 |
enforcement automated data system a notation of that fact. The | 1020 |
superintendent of the state highway patrol shall ensure that the | 1021 |
law enforcement automated data system is so configured as to | 1022 |
permit the transmission through the system of the information | 1023 |
specified in this division. | 1024 |
(I) A sheriff shall accept a completed application form or | 1025 |
renewal application, and the fee, items, materials, and | 1026 |
information specified in divisions (B)(1) to (5) or division (F) | 1027 |
of this section, whichever is applicable, and shall provide an | 1028 |
application form or renewal application to any person during at | 1029 |
least fifteen hours a week and shall provide the web site address | 1030 |
at which the pamphlet described in division (B) of section 109.731 | 1031 |
of the Revised Code may be found at any time, upon request. The | 1032 |
sheriff shall post notice of the hours during which the sheriff is | 1033 |
available to accept or provide the information described in this | 1034 |
division. | 1035 |
Sec. 2923.1213. (A) As used in this section: | 1036 |
(1) "Evidence of imminent danger" means any of the following: | 1037 |
(a) A statement sworn by the person seeking to carry a | 1038 |
concealed handgun that is made under threat of perjury and that | 1039 |
states that the person has reasonable cause to fear a criminal | 1040 |
attack upon the person or a member of the person's family, such as | 1041 |
would justify a prudent person in going armed; | 1042 |
(b) A written document prepared by a governmental entity or | 1043 |
public official describing the facts that give the person seeking | 1044 |
to carry a concealed handgun reasonable cause to fear a criminal | 1045 |
attack upon the person or a member of the person's family, such as | 1046 |
would justify a prudent person in going armed. Written documents | 1047 |
of this nature include, but are not limited to, any temporary | 1048 |
protection order, civil protection order, protection order issued | 1049 |
by another state, or other court order, any court report, and any | 1050 |
report filed with or made by a law enforcement agency or | 1051 |
prosecutor. | 1052 |
(2) "Prosecutor" has the same meaning as in section 2935.01 | 1053 |
of the Revised Code. | 1054 |
(B)(1) A person seeking a concealed handgun license on a | 1055 |
temporary emergency basis shall submit to the sheriff of the | 1056 |
county in which the person resides all of the following: | 1057 |
(a) Evidence of imminent danger to the person or a member of | 1058 |
the person's family; | 1059 |
(b) A sworn affidavit that contains all of the information | 1060 |
required to be on the license and attesting that the person is | 1061 |
legally living in the United States; is at least twenty-one years | 1062 |
of age; is not a fugitive from justice; is not under indictment | 1063 |
for or otherwise charged with an offense identified in division | 1064 |
(D)(1)(d) of section 2923.125 of the Revised Code; has not been | 1065 |
convicted of or pleaded guilty to an offense, and has not been | 1066 |
adjudicated a delinquent child for committing an act, identified | 1067 |
in division (D)(1)(e) of that section and to which division (B)(3) | 1068 |
of this section does not apply; within three years of the date of | 1069 |
the submission, has not been convicted of or pleaded guilty to an | 1070 |
offense, and has not been adjudicated a delinquent child for | 1071 |
committing an act, identified in division (D)(1)(f) of that | 1072 |
section and to which division (B)(3) of this section does not | 1073 |
apply; within five years of the date of the submission, has not | 1074 |
been convicted of, pleaded guilty, or adjudicated a delinquent | 1075 |
child for committing two or more violations identified in division | 1076 |
(D)(1)(g) of that section; within ten years of the date of the | 1077 |
submission, has not been convicted of, pleaded guilty, or | 1078 |
adjudicated a delinquent child for committing a violation | 1079 |
identified in division (D)(1)(h) of that section and to which | 1080 |
division (B)(3) of this section does not apply; has not been | 1081 |
adjudicated as a mental defective, has not been committed to any | 1082 |
mental institution, is not under adjudication of mental | 1083 |
incompetence, has not been found by a court to be a mentally ill | 1084 |
person subject to | 1085 |
involuntary patient other than one who is a patient only for | 1086 |
purposes of observation, as described in division (D)(1)(i) of | 1087 |
that section; is not currently subject to a civil protection | 1088 |
order, a temporary protection order, or a protection order issued | 1089 |
by a court of another state, as described in division (D)(1)(j) of | 1090 |
that section; and is not currently subject to a suspension imposed | 1091 |
under division (A)(2) of section 2923.128 of the Revised Code of a | 1092 |
concealed handgun license that previously was issued to the | 1093 |
person; | 1094 |
(c) A nonrefundable temporary emergency license fee as | 1095 |
described in either of the following: | 1096 |
(i) For an applicant who has been a resident of this state | 1097 |
for five or more years, a fee of fifteen dollars plus the actual | 1098 |
cost of having a background check performed by the bureau of | 1099 |
criminal identification and investigation pursuant to section | 1100 |
311.41 of the Revised Code; | 1101 |
(ii) For an applicant who has been a resident of this state | 1102 |
for less than five years, a fee of fifteen dollars plus the actual | 1103 |
cost of having background checks performed by the federal bureau | 1104 |
of investigation and the bureau of criminal identification and | 1105 |
investigation pursuant to section 311.41 of the Revised Code. | 1106 |
(d) A set of fingerprints of the applicant provided as | 1107 |
described in section 311.41 of the Revised Code through use of an | 1108 |
electronic fingerprint reading device or, if the sheriff to whom | 1109 |
the application is submitted does not possess and does not have | 1110 |
ready access to the use of an electronic fingerprint reading | 1111 |
device, on a standard impression sheet prescribed pursuant to | 1112 |
division (C)(2) of section 109.572 of the Revised Code. If the | 1113 |
fingerprints are provided on a standard impression sheet, the | 1114 |
person also shall provide the person's social security number to | 1115 |
the sheriff. | 1116 |
(2) A sheriff shall accept the evidence of imminent danger, | 1117 |
the sworn affidavit, the fee, and the set of fingerprints required | 1118 |
under division (B)(1) of this section at the times and in the | 1119 |
manners described in division (I) of this section. Upon receipt of | 1120 |
the evidence of imminent danger, the sworn affidavit, the fee, and | 1121 |
the set of fingerprints required under division (B)(1) of this | 1122 |
section, the sheriff, in the manner specified in section 311.41 of | 1123 |
the Revised Code, immediately shall conduct or cause to be | 1124 |
conducted the criminal records check and the incompetency records | 1125 |
check described in section 311.41 of the Revised Code. Immediately | 1126 |
upon receipt of the results of the records checks, the sheriff | 1127 |
shall review the information and shall determine whether the | 1128 |
criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 1129 |
section 2923.125 of the Revised Code apply regarding the person. | 1130 |
If the sheriff determines that all of criteria set forth in | 1131 |
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 1132 |
Revised Code apply regarding the person, the sheriff shall | 1133 |
immediately make available through the law enforcement automated | 1134 |
data system all information that will be contained on the | 1135 |
temporary emergency license for the person if one is issued, and | 1136 |
the superintendent of the state highway patrol shall ensure that | 1137 |
the system is so configured as to permit the transmission through | 1138 |
the system of that information. Upon making that information | 1139 |
available through the law enforcement automated data system, the | 1140 |
sheriff shall immediately issue to the person a concealed handgun | 1141 |
license on a temporary emergency basis. | 1142 |
If the sheriff denies the issuance of a license on a | 1143 |
temporary emergency basis to the person, the sheriff shall specify | 1144 |
the grounds for the denial in a written notice to the person. The | 1145 |
person may appeal the denial, or challenge criminal records check | 1146 |
results that were the basis of the denial if applicable, in the | 1147 |
same manners specified in division (D)(2) of section 2923.125 and | 1148 |
in section 2923.127 of the Revised Code, regarding the denial of | 1149 |
an application for a concealed handgun license under that section. | 1150 |
The license on a temporary emergency basis issued under this | 1151 |
division shall be in the form, and shall include all of the | 1152 |
information, described in divisions (A)(2) and (5) of section | 1153 |
109.731 of the Revised Code, and also shall include a unique | 1154 |
combination of identifying letters and numbers in accordance with | 1155 |
division (A)(4) of that section. | 1156 |
The license on a temporary emergency basis issued under this | 1157 |
division is valid for ninety days and may not be renewed. A person | 1158 |
who has been issued a license on a temporary emergency basis under | 1159 |
this division shall not be issued another license on a temporary | 1160 |
emergency basis unless at least four years has expired since the | 1161 |
issuance of the prior license on a temporary emergency basis. | 1162 |
(3) If a person seeking a concealed handgun license on a | 1163 |
temporary emergency basis has been convicted of or pleaded guilty | 1164 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 1165 |
section 2923.125 of the Revised Code or has been adjudicated a | 1166 |
delinquent child for committing an act or violation identified in | 1167 |
any of those divisions, and if a court has ordered the sealing or | 1168 |
expungement of the records of that conviction, guilty plea, or | 1169 |
adjudication pursuant to sections 2151.355 to 2151.358 or sections | 1170 |
2953.31 to 2953.36 of the Revised Code or a court has granted the | 1171 |
applicant relief pursuant to section 2923.14 of the Revised Code | 1172 |
from the disability imposed pursuant to section 2923.13 of the | 1173 |
Revised Code relative to that conviction, guilty plea, or | 1174 |
adjudication, the conviction, guilty plea, or adjudication shall | 1175 |
not be relevant for purposes of the sworn affidavit described in | 1176 |
division (B)(1)(b) of this section, and the person may complete, | 1177 |
and swear to the truth of, the affidavit as if the conviction, | 1178 |
guilty plea, or adjudication never had occurred. | 1179 |
(4) The sheriff shall waive the payment pursuant to division | 1180 |
(B)(1)(c) of this section of the license fee in connection with an | 1181 |
application that is submitted by an applicant who is a retired | 1182 |
peace officer, a retired person described in division (B)(1)(b) of | 1183 |
section 109.77 of the Revised Code, or a retired federal law | 1184 |
enforcement officer who, prior to retirement, was authorized under | 1185 |
federal law to carry a firearm in the course of duty, unless the | 1186 |
retired peace officer, person, or federal law enforcement officer | 1187 |
retired as the result of a mental disability. | 1188 |
The sheriff shall deposit all fees paid by an applicant under | 1189 |
division (B)(1)(c) of this section into the sheriff's concealed | 1190 |
handgun license issuance fund established pursuant to section | 1191 |
311.42 of the Revised Code. | 1192 |
(C) A person who holds a concealed handgun license on a | 1193 |
temporary emergency basis has the same right to carry a concealed | 1194 |
handgun as a person who was issued a concealed handgun license | 1195 |
under section 2923.125 of the Revised Code, and any exceptions to | 1196 |
the prohibitions contained in section 1547.69 and sections 2923.12 | 1197 |
to 2923.16 of the Revised Code for a licensee under section | 1198 |
2923.125 of the Revised Code apply to a licensee under this | 1199 |
section. The person is subject to the same restrictions, and to | 1200 |
all other procedures, duties, and sanctions, that apply to a | 1201 |
person who carries a license issued under section 2923.125 of the | 1202 |
Revised Code, other than the license renewal procedures set forth | 1203 |
in that section. | 1204 |
(D) A sheriff who issues a concealed handgun license on a | 1205 |
temporary emergency basis under this section shall not require a | 1206 |
person seeking to carry a concealed handgun in accordance with | 1207 |
this section to submit a competency certificate as a prerequisite | 1208 |
for issuing the license and shall comply with division (H) of | 1209 |
section 2923.125 of the Revised Code in regards to the license. | 1210 |
The sheriff shall suspend or revoke the license in accordance with | 1211 |
section 2923.128 of the Revised Code. In addition to the | 1212 |
suspension or revocation procedures set forth in section 2923.128 | 1213 |
of the Revised Code, the sheriff may revoke the license upon | 1214 |
receiving information, verifiable by public documents, that the | 1215 |
person is not eligible to possess a firearm under either the laws | 1216 |
of this state or of the United States or that the person committed | 1217 |
perjury in obtaining the license; if the sheriff revokes a license | 1218 |
under this additional authority, the sheriff shall notify the | 1219 |
person, by certified mail, return receipt requested, at the | 1220 |
person's last known residence address that the license has been | 1221 |
revoked and that the person is required to surrender the license | 1222 |
at the sheriff's office within ten days of the date on which the | 1223 |
notice was mailed. Division (H) of section 2923.125 of the Revised | 1224 |
Code applies regarding any suspension or revocation of a concealed | 1225 |
handgun license on a temporary emergency basis. | 1226 |
(E) A sheriff who issues a concealed handgun license on a | 1227 |
temporary emergency basis under this section shall retain, for the | 1228 |
entire period during which the license is in effect, the evidence | 1229 |
of imminent danger that the person submitted to the sheriff and | 1230 |
that was the basis for the license, or a copy of that evidence, as | 1231 |
appropriate. | 1232 |
(F) If a concealed handgun license on a temporary emergency | 1233 |
basis issued under this section is lost or is destroyed, the | 1234 |
licensee may obtain from the sheriff who issued that license a | 1235 |
duplicate license upon the payment of a fee of fifteen dollars and | 1236 |
the submission of an affidavit attesting to the loss or | 1237 |
destruction of the license. The sheriff, in accordance with the | 1238 |
procedures prescribed in section 109.731 of the Revised Code, | 1239 |
shall place on the replacement license a combination of | 1240 |
identifying numbers different from the combination on the license | 1241 |
that is being replaced. | 1242 |
(G) The Ohio peace officer training commission shall | 1243 |
prescribe, and shall make available to sheriffs, a standard form | 1244 |
to be used under division (B) of this section by a person who | 1245 |
applies for a concealed handgun license on a temporary emergency | 1246 |
basis on the basis of imminent danger of a type described in | 1247 |
division (A)(1)(a) of this section. | 1248 |
(H) A sheriff who receives any fees paid by a person under | 1249 |
this section shall deposit all fees so paid into the sheriff's | 1250 |
concealed handgun license issuance expense fund established under | 1251 |
section 311.42 of the Revised Code. | 1252 |
(I) A sheriff shall accept evidence of imminent danger, a | 1253 |
sworn affidavit, the fee, and the set of fingerprints specified in | 1254 |
division (B)(1) of this section at any time during normal business | 1255 |
hours. In no case shall a sheriff require an appointment, or | 1256 |
designate a specific period of time, for the submission or | 1257 |
acceptance of evidence of imminent danger, a sworn affidavit, the | 1258 |
fee, and the set of fingerprints specified in division (B)(1) of | 1259 |
this section, or for the provision to any person of a standard | 1260 |
form to be used for a person to apply for a concealed handgun | 1261 |
license on a temporary emergency basis. | 1262 |
Sec. 2923.13. (A) Unless relieved from disability as | 1263 |
provided in section 2923.14 of the Revised Code, no person shall | 1264 |
knowingly acquire, have, carry, or use any firearm or dangerous | 1265 |
ordnance, if any of the following apply: | 1266 |
(1) The person is a fugitive from justice. | 1267 |
(2) The person is under indictment for or has been convicted | 1268 |
of any felony offense of violence or has been adjudicated a | 1269 |
delinquent child for the commission of an offense that, if | 1270 |
committed by an adult, would have been a felony offense of | 1271 |
violence. | 1272 |
(3) The person is under indictment for or has been convicted | 1273 |
of any felony offense involving the illegal possession, use, sale, | 1274 |
administration, distribution, or trafficking in any drug of abuse | 1275 |
or has been adjudicated a delinquent child for the commission of | 1276 |
an offense that, if committed by an adult, would have been a | 1277 |
felony offense involving the illegal possession, use, sale, | 1278 |
administration, distribution, or trafficking in any drug of abuse. | 1279 |
(4) The person is drug dependent, in danger of drug | 1280 |
dependence, or a chronic alcoholic. | 1281 |
(5) The person is under adjudication of mental incompetence, | 1282 |
has been adjudicated as a mental defective, has been committed to | 1283 |
a mental institution, has been found by a court to be a mentally | 1284 |
ill person subject to | 1285 |
involuntary patient other than one who is a patient only for | 1286 |
purposes of observation. As used in this division, "mentally ill | 1287 |
person subject to | 1288 |
have the same meanings as in section 5122.01 of the Revised Code. | 1289 |
(B) Whoever violates this section is guilty of having weapons | 1290 |
while under disability, a felony of the third degree. | 1291 |
Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of | 1292 |
the Revised Code: | 1293 |
(1) "Prosecutor" means a prosecuting attorney or a city | 1294 |
director of law, village solicitor, or similar chief legal officer | 1295 |
of a municipal corporation who has authority to prosecute a | 1296 |
criminal case that is before the court or the criminal case in | 1297 |
which a defendant in a criminal case has been found incompetent to | 1298 |
stand trial or not guilty by reason of insanity. | 1299 |
(2) "Examiner" means either of the following: | 1300 |
(a) A psychiatrist or a licensed clinical psychologist who | 1301 |
satisfies the criteria of division (I)(1) of section 5122.01 of | 1302 |
the Revised Code or is employed by a certified forensic center | 1303 |
designated by the department of mental health to conduct | 1304 |
examinations or evaluations. | 1305 |
(b) For purposes of a separate mental retardation evaluation | 1306 |
that is ordered by a court pursuant to division (H) of section | 1307 |
2945.371 of the Revised Code, a psychologist designated by the | 1308 |
director of developmental disabilities pursuant to that section to | 1309 |
conduct that separate mental retardation evaluation. | 1310 |
(3) "Nonsecured status" means any unsupervised, off-grounds | 1311 |
movement or trial visit from a hospital or institution, or any | 1312 |
conditional release, that is granted to a person who is found | 1313 |
incompetent to stand trial and is committed pursuant to section | 1314 |
2945.39 of the Revised Code or to a person who is found not guilty | 1315 |
by reason of insanity and is committed pursuant to section 2945.40 | 1316 |
of the Revised Code. | 1317 |
(4) "Unsupervised, off-grounds movement" includes only | 1318 |
off-grounds privileges that are unsupervised and that have an | 1319 |
expectation of return to the hospital or institution on a daily | 1320 |
basis. | 1321 |
(5) "Trial visit" means a patient privilege of a longer | 1322 |
stated duration of unsupervised community contact with an | 1323 |
expectation of return to the hospital or institution at designated | 1324 |
times. | 1325 |
(6) "Conditional release" means a commitment status under | 1326 |
which the trial court at any time may revoke a person's | 1327 |
conditional release and order the rehospitalization or | 1328 |
reinstitutionalization of the person as described in division (A) | 1329 |
of section 2945.402 of the Revised Code and pursuant to which a | 1330 |
person who is found incompetent to stand trial or a person who is | 1331 |
found not guilty by reason of insanity lives and receives | 1332 |
treatment in the community for a period of time that does not | 1333 |
exceed the maximum prison term or term of imprisonment that the | 1334 |
person could have received for the offense in question had the | 1335 |
person been convicted of the offense instead of being found | 1336 |
incompetent to stand trial on the charge of the offense or being | 1337 |
found not guilty by reason of insanity relative to the offense. | 1338 |
(7) "Licensed clinical psychologist," "mentally ill person | 1339 |
subject to
| 1340 |
have the same meanings as in section 5122.01 of the Revised Code. | 1341 |
(8) "Mentally retarded person subject to institutionalization | 1342 |
by court order" has the same meaning as in section 5123.01 of the | 1343 |
Revised Code. | 1344 |
(B) In a criminal action in a court of common pleas, a county | 1345 |
court, or a municipal court, the court, prosecutor, or defense may | 1346 |
raise the issue of the defendant's competence to stand trial. If | 1347 |
the issue is raised before the trial has commenced, the court | 1348 |
shall hold a hearing on the issue as provided in this section. If | 1349 |
the issue is raised after the trial has commenced, the court shall | 1350 |
hold a hearing on the issue only for good cause shown or on the | 1351 |
court's own motion. | 1352 |
(C) The court shall conduct the hearing required or | 1353 |
authorized under division (B) of this section within thirty days | 1354 |
after the issue is raised, unless the defendant has been referred | 1355 |
for evaluation in which case the court shall conduct the hearing | 1356 |
within ten days after the filing of the report of the evaluation | 1357 |
or, in the case of a defendant who is ordered by the court | 1358 |
pursuant to division (H) of section 2945.371 of the Revised Code | 1359 |
to undergo a separate mental retardation evaluation conducted by a | 1360 |
psychologist designated by the director of developmental | 1361 |
disabilities, within ten days after the filing of the report of | 1362 |
the separate mental retardation evaluation under that division. A | 1363 |
hearing may be continued for good cause. | 1364 |
(D) The defendant shall be represented by counsel at the | 1365 |
hearing conducted under division (C) of this section. If the | 1366 |
defendant is unable to obtain counsel, the court shall appoint | 1367 |
counsel under Chapter 120. of the Revised Code or under the | 1368 |
authority recognized in division (C) of section 120.06, division | 1369 |
(E) of section 120.16, division (E) of section 120.26, or section | 1370 |
2941.51 of the Revised Code before proceeding with the hearing. | 1371 |
(E) The prosecutor and defense counsel may submit evidence on | 1372 |
the issue of the defendant's competence to stand trial. A written | 1373 |
report of the evaluation of the defendant may be admitted into | 1374 |
evidence at the hearing by stipulation, but, if either the | 1375 |
prosecution or defense objects to its admission, the report may be | 1376 |
admitted under sections 2317.36 to 2317.38 of the Revised Code or | 1377 |
any other applicable statute or rule. | 1378 |
(F) The court shall not find a defendant incompetent to stand | 1379 |
trial solely because the defendant is receiving or has received | 1380 |
treatment as a voluntary or involuntary mentally ill patient under | 1381 |
Chapter 5122. or a voluntary or involuntary mentally retarded | 1382 |
resident under Chapter 5123. of the Revised Code or because the | 1383 |
defendant is receiving or has received psychotropic drugs or other | 1384 |
medication, even if the defendant might become incompetent to | 1385 |
stand trial without the drugs or medication. | 1386 |
(G) A defendant is presumed to be competent to stand trial. | 1387 |
If, after a hearing, the court finds by a preponderance of the | 1388 |
evidence that, because of the defendant's present mental | 1389 |
condition, the defendant is incapable of understanding the nature | 1390 |
and objective of the proceedings against the defendant or of | 1391 |
assisting in the defendant's defense, the court shall find the | 1392 |
defendant incompetent to stand trial and shall enter an order | 1393 |
authorized by section 2945.38 of the Revised Code. | 1394 |
(H) Municipal courts shall follow the procedures set forth in | 1395 |
sections 2945.37 to 2945.402 of the Revised Code. Except as | 1396 |
provided in section 2945.371 of the Revised Code, a municipal | 1397 |
court shall not order an evaluation of the defendant's competence | 1398 |
to stand trial or the defendant's mental condition at the time of | 1399 |
the commission of the offense to be conducted at any hospital | 1400 |
operated by the department of mental health. Those evaluations | 1401 |
shall be performed through community resources including, but not | 1402 |
limited to, certified forensic centers, court probation | 1403 |
departments, and community mental health agencies. All expenses of | 1404 |
the evaluations shall be borne by the legislative authority of the | 1405 |
municipal court, as defined in section 1901.03 of the Revised | 1406 |
Code, and shall be taxed as costs in the case. If a defendant is | 1407 |
found incompetent to stand trial or not guilty by reason of | 1408 |
insanity, a municipal court may commit the defendant as provided | 1409 |
in sections 2945.38 to 2945.402 of the Revised Code. | 1410 |
Sec. 2945.38. (A) If the issue of a defendant's competence | 1411 |
to stand trial is raised and if the court, upon conducting the | 1412 |
hearing provided for in section 2945.37 of the Revised Code, finds | 1413 |
that the defendant is competent to stand trial, the defendant | 1414 |
shall be proceeded against as provided by law. If the court finds | 1415 |
the defendant competent to stand trial and the defendant is | 1416 |
receiving psychotropic drugs or other medication, the court may | 1417 |
authorize the continued administration of the drugs or medication | 1418 |
or other appropriate treatment in order to maintain the | 1419 |
defendant's competence to stand trial, unless the defendant's | 1420 |
attending physician advises the court against continuation of the | 1421 |
drugs, other medication, or treatment. | 1422 |
(B)(1)(a) If, after taking into consideration all relevant | 1423 |
reports, information, and other evidence, the court finds that the | 1424 |
defendant is incompetent to stand trial and that there is a | 1425 |
substantial probability that the defendant will become competent | 1426 |
to stand trial within one year if the defendant is provided with a | 1427 |
course of treatment, the court shall order the defendant to | 1428 |
undergo treatment. If the defendant has been charged with a felony | 1429 |
offense and if, after taking into consideration all relevant | 1430 |
reports, information, and other evidence, the court finds that the | 1431 |
defendant is incompetent to stand trial, but the court is unable | 1432 |
at that time to determine whether there is a substantial | 1433 |
probability that the defendant will become competent to stand | 1434 |
trial within one year if the defendant is provided with a course | 1435 |
of treatment, the court shall order continuing evaluation and | 1436 |
treatment of the defendant for a period not to exceed four months | 1437 |
to determine whether there is a substantial probability that the | 1438 |
defendant will become competent to stand trial within one year if | 1439 |
the defendant is provided with a course of treatment. | 1440 |
(b) The court order for the defendant to undergo treatment or | 1441 |
continuing evaluation and treatment under division (B)(1)(a) of | 1442 |
this section shall specify that the defendant, if determined to | 1443 |
require mental health treatment or continuing evaluation and | 1444 |
treatment, either shall be committed to the department of mental | 1445 |
health for treatment or continuing evaluation and treatment at a | 1446 |
hospital, facility, or agency, as determined to be clinically | 1447 |
appropriate by the department of mental health or shall be | 1448 |
committed to a facility certified by the department of mental | 1449 |
health as being qualified to treat mental illness, to a public or | 1450 |
community mental health facility, or to a psychiatrist or another | 1451 |
mental health professional for treatment or continuing evaluation | 1452 |
and treatment. Prior to placing the defendant, the department of | 1453 |
mental health shall obtain court approval for that placement | 1454 |
following a hearing. The court order for the defendant to undergo | 1455 |
treatment or continuing evaluation and treatment under division | 1456 |
(B)(1)(a) of this section shall specify that the defendant, if | 1457 |
determined to require treatment or continuing evaluation and | 1458 |
treatment for mental retardation, shall receive treatment or | 1459 |
continuing evaluation and treatment at an institution or facility | 1460 |
operated by the department of developmental disabilities, at a | 1461 |
facility certified by the department of developmental disabilities | 1462 |
as being qualified to treat mental retardation, at a public or | 1463 |
private mental retardation facility, or by a psychiatrist or | 1464 |
another mental retardation professional. In any case, the order | 1465 |
may restrict the defendant's freedom of movement as the court | 1466 |
considers necessary. The prosecutor in the defendant's case shall | 1467 |
send to the chief clinical officer of the hospital, facility, or | 1468 |
agency where the defendant is placed by the department of mental | 1469 |
health, or to the managing officer of the institution, the | 1470 |
director of the program or facility, or the person to which the | 1471 |
defendant is committed, copies of relevant police reports and | 1472 |
other background information that pertains to the defendant and is | 1473 |
available to the prosecutor unless the prosecutor determines that | 1474 |
the release of any of the information in the police reports or any | 1475 |
of the other background information to unauthorized persons would | 1476 |
interfere with the effective prosecution of any person or would | 1477 |
create a substantial risk of harm to any person. | 1478 |
In determining the place of commitment, the court shall | 1479 |
consider the extent to which the person is a danger to the person | 1480 |
and to others, the need for security, and the type of crime | 1481 |
involved and shall order the least restrictive alternative | 1482 |
available that is consistent with public safety and treatment | 1483 |
goals. In weighing these factors, the court shall give preference | 1484 |
to protecting public safety. | 1485 |
(c) If the defendant is found incompetent to stand trial, if | 1486 |
the chief clinical officer of the hospital, facility, or agency | 1487 |
where the defendant is placed, or the managing officer of the | 1488 |
institution, the director of the program or facility, or the | 1489 |
person to which the defendant is committed for treatment or | 1490 |
continuing evaluation and treatment under division (B)(1)(b) of | 1491 |
this section determines that medication is necessary to restore | 1492 |
the defendant's competency to stand trial, and if the defendant | 1493 |
lacks the capacity to give informed consent or refuses medication, | 1494 |
the chief clinical officer of the hospital, facility, or agency | 1495 |
where the defendant is placed, or the managing officer of the | 1496 |
institution, the director of the program or facility, or the | 1497 |
person to which the defendant is committed for treatment or | 1498 |
continuing evaluation and treatment may petition the court for | 1499 |
authorization for the involuntary administration of medication. | 1500 |
The court shall hold a hearing on the petition within five days of | 1501 |
the filing of the petition if the petition was filed in a | 1502 |
municipal court or a county court regarding an incompetent | 1503 |
defendant charged with a misdemeanor or within ten days of the | 1504 |
filing of the petition if the petition was filed in a court of | 1505 |
common pleas regarding an incompetent defendant charged with a | 1506 |
felony offense. Following the hearing, the court may authorize the | 1507 |
involuntary administration of medication or may dismiss the | 1508 |
petition. | 1509 |
(2) If the court finds that the defendant is incompetent to | 1510 |
stand trial and that, even if the defendant is provided with a | 1511 |
course of treatment, there is not a substantial probability that | 1512 |
the defendant will become competent to stand trial within one | 1513 |
year, the court shall order the discharge of the defendant, unless | 1514 |
upon motion of the prosecutor or on its own motion, the court | 1515 |
either seeks to retain jurisdiction over the defendant pursuant to | 1516 |
section 2945.39 of the Revised Code or files an affidavit in the | 1517 |
probate court for the civil commitment of the defendant pursuant | 1518 |
to Chapter 5122. or 5123. of the Revised Code alleging that the | 1519 |
defendant is a mentally ill person subject to | 1520 |
court order or a mentally retarded person subject to | 1521 |
institutionalization by court order. If an affidavit is filed in | 1522 |
the probate court, the trial court shall send to the probate court | 1523 |
copies of all written reports of the defendant's mental condition | 1524 |
that were prepared pursuant to section 2945.371 of the Revised | 1525 |
Code. | 1526 |
The trial court may issue the temporary order of detention | 1527 |
that a probate court may issue under section 5122.11 or 5123.71 of | 1528 |
the Revised Code, to remain in effect until the probable cause or | 1529 |
initial hearing in the probate court. Further proceedings in the | 1530 |
probate court are civil proceedings governed by Chapter 5122. or | 1531 |
5123. of the Revised Code. | 1532 |
(C) No defendant shall be required to undergo treatment, | 1533 |
including any continuing evaluation and treatment, under division | 1534 |
(B)(1) of this section for longer than whichever of the following | 1535 |
periods is applicable: | 1536 |
(1) One year, if the most serious offense with which the | 1537 |
defendant is charged is one of the following offenses: | 1538 |
(a) Aggravated murder, murder, or an offense of violence for | 1539 |
which a sentence of death or life imprisonment may be imposed; | 1540 |
(b) An offense of violence that is a felony of the first or | 1541 |
second degree; | 1542 |
(c) A conspiracy to commit, an attempt to commit, or | 1543 |
complicity in the commission of an offense described in division | 1544 |
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or | 1545 |
complicity is a felony of the first or second degree. | 1546 |
(2) Six months, if the most serious offense with which the | 1547 |
defendant is charged is a felony other than a felony described in | 1548 |
division (C)(1) of this section; | 1549 |
(3) Sixty days, if the most serious offense with which the | 1550 |
defendant is charged is a misdemeanor of the first or second | 1551 |
degree; | 1552 |
(4) Thirty days, if the most serious offense with which the | 1553 |
defendant is charged is a misdemeanor of the third or fourth | 1554 |
degree, a minor misdemeanor, or an unclassified misdemeanor. | 1555 |
(D) Any defendant who is committed pursuant to this section | 1556 |
shall not voluntarily admit the defendant or be voluntarily | 1557 |
admitted to a hospital or institution pursuant to section 5122.02, | 1558 |
5122.15, 5123.69, or 5123.76 of the Revised Code. | 1559 |
(E) Except as otherwise provided in this division, a | 1560 |
defendant who is charged with an offense and is committed by the | 1561 |
court under this section to the department of mental health or is | 1562 |
committed to an institution or facility for the treatment of | 1563 |
mental retardation shall not be granted unsupervised on-grounds | 1564 |
movement, supervised off-grounds movement, or nonsecured status | 1565 |
except in accordance with the court order. The court may grant a | 1566 |
defendant supervised off-grounds movement to obtain medical | 1567 |
treatment or specialized habilitation treatment services if the | 1568 |
person who supervises the treatment or the continuing evaluation | 1569 |
and treatment of the defendant ordered under division (B)(1)(a) of | 1570 |
this section informs the court that the treatment or continuing | 1571 |
evaluation and treatment cannot be provided at the hospital or | 1572 |
facility where the defendant is placed by the department of mental | 1573 |
health or the institution or facility to which the defendant is | 1574 |
committed. The chief clinical officer of the hospital or facility | 1575 |
where the defendant is placed by the department of mental health | 1576 |
or the managing officer of the institution or director of the | 1577 |
facility to which the defendant is committed, or a designee of any | 1578 |
of those persons, may grant a defendant movement to a medical | 1579 |
facility for an emergency medical situation with appropriate | 1580 |
supervision to ensure the safety of the defendant, staff, and | 1581 |
community during that emergency medical situation. The chief | 1582 |
clinical officer of the hospital or facility where the defendant | 1583 |
is placed by the department of mental health or the managing | 1584 |
officer of the institution or director of the facility to which | 1585 |
the defendant is committed shall notify the court within | 1586 |
twenty-four hours of the defendant's movement to the medical | 1587 |
facility for an emergency medical situation under this division. | 1588 |
(F) The person who supervises the treatment or continuing | 1589 |
evaluation and treatment of a defendant ordered to undergo | 1590 |
treatment or continuing evaluation and treatment under division | 1591 |
(B)(1)(a) of this section shall file a written report with the | 1592 |
court at the following times: | 1593 |
(1) Whenever the person believes the defendant is capable of | 1594 |
understanding the nature and objective of the proceedings against | 1595 |
the defendant and of assisting in the defendant's defense; | 1596 |
(2) For a felony offense, fourteen days before expiration of | 1597 |
the maximum time for treatment as specified in division (C) of | 1598 |
this section and fourteen days before the expiration of the | 1599 |
maximum time for continuing evaluation and treatment as specified | 1600 |
in division (B)(1)(a) of this section, and, for a misdemeanor | 1601 |
offense, ten days before the expiration of the maximum time for | 1602 |
treatment, as specified in division (C) of this section; | 1603 |
(3) At a minimum, after each six months of treatment; | 1604 |
(4) Whenever the person who supervises the treatment or | 1605 |
continuing evaluation and treatment of a defendant ordered under | 1606 |
division (B)(1)(a) of this section believes that there is not a | 1607 |
substantial probability that the defendant will become capable of | 1608 |
understanding the nature and objective of the proceedings against | 1609 |
the defendant or of assisting in the defendant's defense even if | 1610 |
the defendant is provided with a course of treatment. | 1611 |
(G) A report under division (F) of this section shall contain | 1612 |
the examiner's findings, the facts in reasonable detail on which | 1613 |
the findings are based, and the examiner's opinion as to the | 1614 |
defendant's capability of understanding the nature and objective | 1615 |
of the proceedings against the defendant and of assisting in the | 1616 |
defendant's defense. If, in the examiner's opinion, the defendant | 1617 |
remains incapable of understanding the nature and objective of the | 1618 |
proceedings against the defendant and of assisting in the | 1619 |
defendant's defense and there is a substantial probability that | 1620 |
the defendant will become capable of understanding the nature and | 1621 |
objective of the proceedings against the defendant and of | 1622 |
assisting in the defendant's defense if the defendant is provided | 1623 |
with a course of treatment, if in the examiner's opinion the | 1624 |
defendant remains mentally ill or mentally retarded, and if the | 1625 |
maximum time for treatment as specified in division (C) of this | 1626 |
section has not expired, the report also shall contain the | 1627 |
examiner's recommendation as to the least restrictive placement or | 1628 |
commitment alternative that is consistent with the defendant's | 1629 |
treatment needs for restoration to competency and with the safety | 1630 |
of the community. The court shall provide copies of the report to | 1631 |
the prosecutor and defense counsel. | 1632 |
(H) If a defendant is committed pursuant to division (B)(1) | 1633 |
of this section, within ten days after the treating physician of | 1634 |
the defendant or the examiner of the defendant who is employed or | 1635 |
retained by the treating facility advises that there is not a | 1636 |
substantial probability that the defendant will become capable of | 1637 |
understanding the nature and objective of the proceedings against | 1638 |
the defendant or of assisting in the defendant's defense even if | 1639 |
the defendant is provided with a course of treatment, within ten | 1640 |
days after the expiration of the maximum time for treatment as | 1641 |
specified in division (C) of this section, within ten days after | 1642 |
the expiration of the maximum time for continuing evaluation and | 1643 |
treatment as specified in division (B)(1)(a) of this section, | 1644 |
within thirty days after a defendant's request for a hearing that | 1645 |
is made after six months of treatment, or within thirty days after | 1646 |
being advised by the treating physician or examiner that the | 1647 |
defendant is competent to stand trial, whichever is the earliest, | 1648 |
the court shall conduct another hearing to determine if the | 1649 |
defendant is competent to stand trial and shall do whichever of | 1650 |
the following is applicable: | 1651 |
(1) If the court finds that the defendant is competent to | 1652 |
stand trial, the defendant shall be proceeded against as provided | 1653 |
by law. | 1654 |
(2) If the court finds that the defendant is incompetent to | 1655 |
stand trial, but that there is a substantial probability that the | 1656 |
defendant will become competent to stand trial if the defendant is | 1657 |
provided with a course of treatment, and the maximum time for | 1658 |
treatment as specified in division (C) of this section has not | 1659 |
expired, the court, after consideration of the examiner's | 1660 |
recommendation, shall order that treatment be continued, may | 1661 |
change the facility or program at which the treatment is to be | 1662 |
continued, and shall specify whether the treatment is to be | 1663 |
continued at the same or a different facility or program. | 1664 |
(3) If the court finds that the defendant is incompetent to | 1665 |
stand trial, if the defendant is charged with an offense listed in | 1666 |
division (C)(1) of this section, and if the court finds that there | 1667 |
is not a substantial probability that the defendant will become | 1668 |
competent to stand trial even if the defendant is provided with a | 1669 |
course of treatment, or if the maximum time for treatment relative | 1670 |
to that offense as specified in division (C) of this section has | 1671 |
expired, further proceedings shall be as provided in sections | 1672 |
2945.39, 2945.401, and 2945.402 of the Revised Code. | 1673 |
(4) If the court finds that the defendant is incompetent to | 1674 |
stand trial, if the most serious offense with which the defendant | 1675 |
is charged is a misdemeanor or a felony other than a felony listed | 1676 |
in division (C)(1) of this section, and if the court finds that | 1677 |
there is not a substantial probability that the defendant will | 1678 |
become competent to stand trial even if the defendant is provided | 1679 |
with a course of treatment, or if the maximum time for treatment | 1680 |
relative to that offense as specified in division (C) of this | 1681 |
section has expired, the court shall dismiss the indictment, | 1682 |
information, or complaint against the defendant. A dismissal under | 1683 |
this division is not a bar to further prosecution based on the | 1684 |
same conduct. The court shall discharge the defendant unless the | 1685 |
court or prosecutor files an affidavit in probate court for civil | 1686 |
commitment pursuant to Chapter 5122. or 5123. of the Revised Code. | 1687 |
If an affidavit for civil commitment is filed, the court may | 1688 |
detain the defendant for ten days pending civil commitment. All of | 1689 |
the following provisions apply to persons charged with a | 1690 |
misdemeanor or a felony other than a felony listed in division | 1691 |
(C)(1) of this section who are committed by the probate court | 1692 |
subsequent to the court's or prosecutor's filing of an affidavit | 1693 |
for civil commitment under authority of this division: | 1694 |
(a) The chief clinical officer of the entity, hospital, or | 1695 |
facility, the managing officer of the institution, the director of | 1696 |
the program, or the person to which the defendant is committed or | 1697 |
admitted shall do all of the following: | 1698 |
(i) Notify the prosecutor, in writing, of the discharge of | 1699 |
the defendant, send the notice at least ten days prior to the | 1700 |
discharge unless the discharge is by the probate court, and state | 1701 |
in the notice the date on which the defendant will be discharged; | 1702 |
(ii) Notify the prosecutor, in writing, when the defendant is | 1703 |
absent without leave or is granted unsupervised, off-grounds | 1704 |
movement, and send this notice promptly after the discovery of the | 1705 |
absence without leave or prior to the granting of the | 1706 |
unsupervised, off-grounds movement, whichever is applicable; | 1707 |
(iii) Notify the prosecutor, in writing, of the change of the | 1708 |
defendant's commitment or admission to voluntary status, send the | 1709 |
notice promptly upon learning of the change to voluntary status, | 1710 |
and state in the notice the date on which the defendant was | 1711 |
committed or admitted on a voluntary status. | 1712 |
(b) Upon receiving notice that the defendant will be granted | 1713 |
unsupervised, off-grounds movement, the prosecutor either shall | 1714 |
re-indict the defendant or promptly notify the court that the | 1715 |
prosecutor does not intend to prosecute the charges against the | 1716 |
defendant. | 1717 |
(I) If a defendant is convicted of a crime and sentenced to a | 1718 |
jail or workhouse, the defendant's sentence shall be reduced by | 1719 |
the total number of days the defendant is confined for evaluation | 1720 |
to determine the defendant's competence to stand trial or | 1721 |
treatment under this section and sections 2945.37 and 2945.371 of | 1722 |
the Revised Code or by the total number of days the defendant is | 1723 |
confined for evaluation to determine the defendant's mental | 1724 |
condition at the time of the offense charged. | 1725 |
Sec. 2945.39. (A) If a defendant who is charged with an | 1726 |
offense described in division (C)(1) of section 2945.38 of the | 1727 |
Revised Code is found incompetent to stand trial, after the | 1728 |
expiration of the maximum time for treatment as specified in | 1729 |
division (C) of that section or after the court finds that there | 1730 |
is not a substantial probability that the defendant will become | 1731 |
competent to stand trial even if the defendant is provided with a | 1732 |
course of treatment, one of the following applies: | 1733 |
(1) The court or the prosecutor may file an affidavit in | 1734 |
probate court for civil commitment of the defendant in the manner | 1735 |
provided in Chapter 5122. or 5123. of the Revised Code. If the | 1736 |
court or prosecutor files an affidavit for civil commitment, the | 1737 |
court may detain the defendant for ten days pending civil | 1738 |
commitment. If the probate court commits the defendant subsequent | 1739 |
to the court's or prosecutor's filing of an affidavit for civil | 1740 |
commitment, the chief clinical officer of the entity, hospital, or | 1741 |
facility, the managing officer of the institution, the director of | 1742 |
the program, or the person to which the defendant is committed or | 1743 |
admitted shall send to the prosecutor the notices described in | 1744 |
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised | 1745 |
Code within the periods of time and under the circumstances | 1746 |
specified in those divisions. | 1747 |
(2) On the motion of the prosecutor or on its own motion, the | 1748 |
court may retain jurisdiction over the defendant if, at a hearing, | 1749 |
the court finds both of the following by clear and convincing | 1750 |
evidence: | 1751 |
(a) The defendant committed the offense with which the | 1752 |
defendant is charged. | 1753 |
(b) The defendant is a mentally ill person subject to | 1754 |
1755 | |
subject to institutionalization by court order. | 1756 |
(B) In making its determination under division (A)(2) of this | 1757 |
section as to whether to retain jurisdiction over the defendant, | 1758 |
the court may consider all relevant evidence, including, but not | 1759 |
limited to, any relevant psychiatric, psychological, or medical | 1760 |
testimony or reports, the acts constituting the offense charged, | 1761 |
and any history of the defendant that is relevant to the | 1762 |
defendant's ability to conform to the law. | 1763 |
(C) If the court conducts a hearing as described in division | 1764 |
(A)(2) of this section and if the court does not make both | 1765 |
findings described in divisions (A)(2)(a) and (b) of this section | 1766 |
by clear and convincing evidence, the court shall dismiss the | 1767 |
indictment, information, or complaint against the defendant. Upon | 1768 |
the dismissal, the court shall discharge the defendant unless the | 1769 |
court or prosecutor files an affidavit in probate court for civil | 1770 |
commitment of the defendant pursuant to Chapter 5122. or 5123. of | 1771 |
the Revised Code. If the court or prosecutor files an affidavit | 1772 |
for civil commitment, the court may order that the defendant be | 1773 |
detained for up to ten days pending the civil commitment. If the | 1774 |
probate court commits the defendant subsequent to the court's or | 1775 |
prosecutor's filing of an affidavit for civil commitment, the | 1776 |
chief clinical officer of the entity, hospital, or facility, the | 1777 |
managing officer of the institution, the director of the program, | 1778 |
or the person to which the defendant is committed or admitted | 1779 |
shall send to the prosecutor the notices described in divisions | 1780 |
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code | 1781 |
within the periods of time and under the circumstances specified | 1782 |
in those divisions. A dismissal of charges under this division is | 1783 |
not a bar to further criminal proceedings based on the same | 1784 |
conduct. | 1785 |
(D)(1) If the court conducts a hearing as described in | 1786 |
division (A)(2) of this section and if the court makes the | 1787 |
findings described in divisions (A)(2)(a) and (b) of this section | 1788 |
by clear and convincing evidence, the court shall commit the | 1789 |
defendant, if determined to require mental health treatment, | 1790 |
either to the department of mental health for treatment at a | 1791 |
hospital, facility, or agency as determined clinically appropriate | 1792 |
by the department of mental health or to another medical or | 1793 |
psychiatric facility, as appropriate. Prior to placing the | 1794 |
defendant, the department of mental health shall obtain court | 1795 |
approval for that placement. If the court conducts such a hearing | 1796 |
and if it makes those findings by clear and convincing evidence, | 1797 |
the court shall commit the defendant, if determined to require | 1798 |
treatment for mental retardation, to a facility operated by the | 1799 |
department of developmental disabilities, or another facility, as | 1800 |
appropriate. In determining the place of commitment, the court | 1801 |
shall consider the extent to which the person is a danger to the | 1802 |
person and to others, the need for security, and the type of crime | 1803 |
involved and shall order the least restrictive alternative | 1804 |
available that is consistent with public safety and the welfare of | 1805 |
the defendant. In weighing these factors, the court shall give | 1806 |
preference to protecting public safety. | 1807 |
(2) If a court makes a commitment of a defendant under | 1808 |
division (D)(1) of this section, the prosecutor shall send to the | 1809 |
hospital, facility, or agency where the defendant is placed by the | 1810 |
department of mental health or to the defendant's place of | 1811 |
commitment all reports of the defendant's current mental condition | 1812 |
and, except as otherwise provided in this division, any other | 1813 |
relevant information, including, but not limited to, a transcript | 1814 |
of the hearing held pursuant to division (A)(2) of this section, | 1815 |
copies of relevant police reports, and copies of any prior arrest | 1816 |
and conviction records that pertain to the defendant and that the | 1817 |
prosecutor possesses. The prosecutor shall send the reports of the | 1818 |
defendant's current mental condition in every case of commitment, | 1819 |
and, unless the prosecutor determines that the release of any of | 1820 |
the other relevant information to unauthorized persons would | 1821 |
interfere with the effective prosecution of any person or would | 1822 |
create a substantial risk of harm to any person, the prosecutor | 1823 |
also shall send the other relevant information. Upon admission of | 1824 |
a defendant committed under division (D)(1) of this section, the | 1825 |
place of commitment shall send to the board of alcohol, drug | 1826 |
addiction, and mental health services or the community mental | 1827 |
health board serving the county in which the charges against the | 1828 |
defendant were filed a copy of all reports of the defendant's | 1829 |
current mental condition and a copy of the other relevant | 1830 |
information provided by the prosecutor under this division, | 1831 |
including, if provided, a transcript of the hearing held pursuant | 1832 |
to division (A)(2) of this section, the relevant police reports, | 1833 |
and the prior arrest and conviction records that pertain to the | 1834 |
defendant and that the prosecutor possesses. | 1835 |
(3) If a court makes a commitment under division (D)(1) of | 1836 |
this section, all further proceedings shall be in accordance with | 1837 |
sections 2945.401 and 2945.402 of the Revised Code. | 1838 |
Sec. 2945.40. (A) If a person is found not guilty by reason | 1839 |
of insanity, the verdict shall state that finding, and the trial | 1840 |
court shall conduct a full hearing to determine whether the person | 1841 |
is a mentally ill person subject to | 1842 |
or a mentally retarded person subject to institutionalization by | 1843 |
court order. Prior to the hearing, if the trial judge believes | 1844 |
that there is probable cause that the person found not guilty by | 1845 |
reason of insanity is a mentally ill person subject to | 1846 |
1847 | |
to institutionalization by court order, the trial judge may issue | 1848 |
a temporary order of detention for that person to remain in effect | 1849 |
for ten court days or until the hearing, whichever occurs first. | 1850 |
Any person detained pursuant to a temporary order of | 1851 |
detention issued under this division shall be held in a suitable | 1852 |
facility, taking into consideration the place and type of | 1853 |
confinement prior to and during trial. | 1854 |
(B) The court shall hold the hearing under division (A) of | 1855 |
this section to determine whether the person found not guilty by | 1856 |
reason of insanity is a mentally ill person subject to | 1857 |
1858 | |
subject to institutionalization by court order within ten court | 1859 |
days after the finding of not guilty by reason of insanity. | 1860 |
Failure to conduct the hearing within the ten-day period shall | 1861 |
cause the immediate discharge of the respondent, unless the judge | 1862 |
grants a continuance for not longer than ten court days for good | 1863 |
cause shown or for any period of time upon motion of the | 1864 |
respondent. | 1865 |
(C) If a person is found not guilty by reason of insanity, | 1866 |
the person has the right to attend all hearings conducted pursuant | 1867 |
to sections 2945.37 to 2945.402 of the Revised Code. At any | 1868 |
hearing conducted pursuant to one of those sections, the court | 1869 |
shall inform the person that the person has all of the following | 1870 |
rights: | 1871 |
(1) The right to be represented by counsel and to have that | 1872 |
counsel provided at public expense if the person is indigent, with | 1873 |
the counsel to be appointed by the court under Chapter 120. of the | 1874 |
Revised Code or under the authority recognized in division (C) of | 1875 |
section 120.06, division (E) of section 120.16, division (E) of | 1876 |
section 120.26, or section 2941.51 of the Revised Code; | 1877 |
(2) The right to have independent expert evaluation and to | 1878 |
have that independent expert evaluation provided at public expense | 1879 |
if the person is indigent; | 1880 |
(3) The right to subpoena witnesses and documents, to present | 1881 |
evidence on the person's behalf, and to cross-examine witnesses | 1882 |
against the person; | 1883 |
(4) The right to testify in the person's own behalf and to | 1884 |
not be compelled to testify; | 1885 |
(5) The right to have copies of any relevant medical or | 1886 |
mental health document in the custody of the state or of any place | 1887 |
of commitment other than a document for which the court finds that | 1888 |
the release to the person of information contained in the document | 1889 |
would create a substantial risk of harm to any person. | 1890 |
(D) The hearing under division (A) of this section shall be | 1891 |
open to the public, and the court shall conduct the hearing in | 1892 |
accordance with the Rules of Civil Procedure. The court shall make | 1893 |
and maintain a full transcript and record of the hearing | 1894 |
proceedings. The court may consider all relevant evidence, | 1895 |
including, but not limited to, any relevant psychiatric, | 1896 |
psychological, or medical testimony or reports, the acts | 1897 |
constituting the offense in relation to which the person was found | 1898 |
not guilty by reason of insanity, and any history of the person | 1899 |
that is relevant to the person's ability to conform to the law. | 1900 |
(E) Upon completion of the hearing under division (A) of this | 1901 |
section, if the court finds there is not clear and convincing | 1902 |
evidence that the person is a mentally ill person subject to | 1903 |
1904 | |
subject to institutionalization by court order, the court shall | 1905 |
discharge the person, unless a detainer has been placed upon the | 1906 |
person by the department of rehabilitation and correction, in | 1907 |
which case the person shall be returned to that department. | 1908 |
(F) If, at the hearing under division (A) of this section, | 1909 |
the court finds by clear and convincing evidence that the person | 1910 |
is a mentally ill person subject to | 1911 |
order, the court shall commit the person either to the department | 1912 |
of mental health for treatment in a hospital, facility, or agency | 1913 |
as determined clinically appropriate by the department of mental | 1914 |
health or to another medical or psychiatric facility, as | 1915 |
appropriate. Prior to placing the defendant, the department of | 1916 |
mental health shall obtain court approval for that placement. If, | 1917 |
at the hearing under division (A) of this section, the court | 1918 |
determines by clear and convincing evidence that the person | 1919 |
requires treatment for mental retardation, it shall commit the | 1920 |
person to a facility operated by the department of developmental | 1921 |
disabilities or another facility, as appropriate. Further | 1922 |
proceedings shall be in accordance with sections 2945.401 and | 1923 |
2945.402 of the Revised Code. In determining the place of | 1924 |
commitment, the court shall consider the extent to which the | 1925 |
person is a danger to the person and to others, the need for | 1926 |
security, and the type of crime involved and shall order the least | 1927 |
restrictive alternative available that is consistent with public | 1928 |
safety and the welfare of the person. In weighing these factors, | 1929 |
the court shall give preference to protecting public safety. | 1930 |
(G) If a court makes a commitment of a person under division | 1931 |
(F) of this section, the prosecutor shall send to the hospital, | 1932 |
facility, or agency where the person is placed by the department | 1933 |
of mental health or to the defendant's place of commitment all | 1934 |
reports of the person's current mental condition, and, except as | 1935 |
otherwise provided in this division, any other relevant | 1936 |
information, including, but not limited to, a transcript of the | 1937 |
hearing held pursuant to division (A) of this section, copies of | 1938 |
relevant police reports, and copies of any prior arrest and | 1939 |
conviction records that pertain to the person and that the | 1940 |
prosecutor possesses. The prosecutor shall send the reports of the | 1941 |
person's current mental condition in every case of commitment, | 1942 |
and, unless the prosecutor determines that the release of any of | 1943 |
the other relevant information to unauthorized persons would | 1944 |
interfere with the effective prosecution of any person or would | 1945 |
create a substantial risk of harm to any person, the prosecutor | 1946 |
also shall send the other relevant information. Upon admission of | 1947 |
a person committed under division (F) of this section, the place | 1948 |
of commitment shall send to the board of alcohol, drug addiction, | 1949 |
and mental health services or the community mental health board | 1950 |
serving the county in which the charges against the person were | 1951 |
filed a copy of all reports of the person's current mental | 1952 |
condition and a copy of the other relevant information provided by | 1953 |
the prosecutor under this division, including, if provided, a | 1954 |
transcript of the hearing held pursuant to division (A) of this | 1955 |
section, the relevant police reports, and the prior arrest and | 1956 |
conviction records that pertain to the person and that the | 1957 |
prosecutor possesses. | 1958 |
(H) A person who is committed pursuant to this section shall | 1959 |
not voluntarily admit the person or be voluntarily admitted to a | 1960 |
hospital or institution pursuant to section 5122.02, 5122.15, | 1961 |
5123.69, or 5123.76 of the Revised Code. | 1962 |
Sec. 2945.401. (A) A defendant found incompetent to stand | 1963 |
trial and committed pursuant to section 2945.39 of the Revised | 1964 |
Code or a person found not guilty by reason of insanity and | 1965 |
committed pursuant to section 2945.40 of the Revised Code shall | 1966 |
remain subject to the jurisdiction of the trial court pursuant to | 1967 |
that commitment, and to the provisions of this section, until the | 1968 |
final termination of the commitment as described in division | 1969 |
(J)(1) of this section. If the jurisdiction is terminated under | 1970 |
this division because of the final termination of the commitment | 1971 |
resulting from the expiration of the maximum prison term or term | 1972 |
of imprisonment described in division (J)(1)(b) of this section, | 1973 |
the court or prosecutor may file an affidavit for the civil | 1974 |
commitment of the defendant or person pursuant to Chapter 5122. or | 1975 |
5123. of the Revised Code. | 1976 |
(B) A hearing conducted under any provision of sections | 1977 |
2945.37 to 2945.402 of the Revised Code shall not be conducted in | 1978 |
accordance with Chapters 5122. and 5123. of the Revised Code. Any | 1979 |
person who is committed pursuant to section 2945.39 or 2945.40 of | 1980 |
the Revised Code shall not voluntarily admit the person or be | 1981 |
voluntarily admitted to a hospital or institution pursuant to | 1982 |
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code. | 1983 |
All other provisions of Chapters 5122. and 5123. of the Revised | 1984 |
Code regarding hospitalization or institutionalization shall apply | 1985 |
to the extent they are not in conflict with this chapter. A | 1986 |
commitment under section 2945.39 or 2945.40 of the Revised Code | 1987 |
shall not be terminated and the conditions of the commitment shall | 1988 |
not be changed except as otherwise provided in division (D)(2) of | 1989 |
this section with respect to a mentally retarded person subject to | 1990 |
institutionalization by court order or except by order of the | 1991 |
trial court. | 1992 |
(C) The department of mental health or the institution, | 1993 |
facility, or program to which a defendant or person has been | 1994 |
committed under section 2945.39 or 2945.40 of the Revised Code | 1995 |
shall report in writing to the trial court, at the times specified | 1996 |
in this division, as to whether the defendant or person remains a | 1997 |
mentally ill person subject to | 1998 |
mentally retarded person subject to institutionalization by court | 1999 |
order and, in the case of a defendant committed under section | 2000 |
2945.39 of the Revised Code, as to whether the defendant remains | 2001 |
incompetent to stand trial. The department, institution, facility, | 2002 |
or program shall make the reports after the initial six months of | 2003 |
treatment and every two years after the initial report is made. | 2004 |
The trial court shall provide copies of the reports to the | 2005 |
prosecutor and to the counsel for the defendant or person. Within | 2006 |
thirty days after its receipt pursuant to this division of a | 2007 |
report from the department, institution, facility, or program, the | 2008 |
trial court shall hold a hearing on the continued commitment of | 2009 |
the defendant or person or on any changes in the conditions of the | 2010 |
commitment of the defendant or person. The defendant or person may | 2011 |
request a change in the conditions of confinement, and the trial | 2012 |
court shall conduct a hearing on that request if six months or | 2013 |
more have elapsed since the most recent hearing was conducted | 2014 |
under this section. | 2015 |
(D)(1) Except as otherwise provided in division (D)(2) of | 2016 |
this section, when a defendant or person has been committed under | 2017 |
section 2945.39 or 2945.40 of the Revised Code, at any time after | 2018 |
evaluating the risks to public safety and the welfare of the | 2019 |
defendant or person, the designee of the department of mental | 2020 |
health or the managing officer of the institution or director of | 2021 |
the facility or program to which the defendant or person is | 2022 |
committed may recommend a termination of the defendant's or | 2023 |
person's commitment or a change in the conditions of the | 2024 |
defendant's or person's commitment. | 2025 |
Except as otherwise provided in division (D)(2) of this | 2026 |
section, if the designee of the department of mental health | 2027 |
recommends on-grounds unsupervised movement, off-grounds | 2028 |
supervised movement, or nonsecured status for the defendant or | 2029 |
person or termination of the defendant's or person's commitment, | 2030 |
the following provisions apply: | 2031 |
(a) If the department's designee recommends on-grounds | 2032 |
unsupervised movement or off-grounds supervised movement, the | 2033 |
department's designee shall file with the trial court an | 2034 |
application for approval of the movement and shall send a copy of | 2035 |
the application to the prosecutor. Within fifteen days after | 2036 |
receiving the application, the prosecutor may request a hearing on | 2037 |
the application and, if a hearing is requested, shall so inform | 2038 |
the department's designee. If the prosecutor does not request a | 2039 |
hearing within the fifteen-day period, the trial court shall | 2040 |
approve the application by entering its order approving the | 2041 |
requested movement or, within five days after the expiration of | 2042 |
the fifteen-day period, shall set a date for a hearing on the | 2043 |
application. If the prosecutor requests a hearing on the | 2044 |
application within the fifteen-day period, the trial court shall | 2045 |
hold a hearing on the application within thirty days after the | 2046 |
hearing is requested. If the trial court, within five days after | 2047 |
the expiration of the fifteen-day period, sets a date for a | 2048 |
hearing on the application, the trial court shall hold the hearing | 2049 |
within thirty days after setting the hearing date. At least | 2050 |
fifteen days before any hearing is held under this division, the | 2051 |
trial court shall give the prosecutor written notice of the date, | 2052 |
time, and place of the hearing. At the conclusion of each hearing | 2053 |
conducted under this division, the trial court either shall | 2054 |
approve or disapprove the application and shall enter its order | 2055 |
accordingly. | 2056 |
(b) If the department's designee recommends termination of | 2057 |
the defendant's or person's commitment at any time or if the | 2058 |
department's designee recommends the first of any nonsecured | 2059 |
status for the defendant or person, the department's designee | 2060 |
shall send written notice of this recommendation to the trial | 2061 |
court and to the local forensic center. The local forensic center | 2062 |
shall evaluate the committed defendant or person and, within | 2063 |
thirty days after its receipt of the written notice, shall submit | 2064 |
to the trial court and the department's designee a written report | 2065 |
of the evaluation. The trial court shall provide a copy of the | 2066 |
department's designee's written notice and of the local forensic | 2067 |
center's written report to the prosecutor and to the counsel for | 2068 |
the defendant or person. Upon the local forensic center's | 2069 |
submission of the report to the trial court and the department's | 2070 |
designee, all of the following apply: | 2071 |
(i) If the forensic center disagrees with the recommendation | 2072 |
of the department's designee, it shall inform the department's | 2073 |
designee and the trial court of its decision and the reasons for | 2074 |
the decision. The department's designee, after consideration of | 2075 |
the forensic center's decision, shall either withdraw, proceed | 2076 |
with, or modify and proceed with the recommendation. If the | 2077 |
department's designee proceeds with, or modifies and proceeds | 2078 |
with, the recommendation, the department's designee shall proceed | 2079 |
in accordance with division (D)(1)(b)(iii) of this section. | 2080 |
(ii) If the forensic center agrees with the recommendation of | 2081 |
the department's designee, it shall inform the department's | 2082 |
designee and the trial court of its decision and the reasons for | 2083 |
the decision, and the department's designee shall proceed in | 2084 |
accordance with division (D)(1)(b)(iii) of this section. | 2085 |
(iii) If the forensic center disagrees with the | 2086 |
recommendation of the department's designee and the department's | 2087 |
designee proceeds with, or modifies and proceeds with, the | 2088 |
recommendation or if the forensic center agrees with the | 2089 |
recommendation of the department's designee, the department's | 2090 |
designee shall work with community mental health agencies, | 2091 |
programs, facilities, or boards of alcohol, drug addiction, and | 2092 |
mental health services or community mental health boards to | 2093 |
develop a plan to implement the recommendation. If the defendant | 2094 |
or person is on medication, the plan shall include, but shall not | 2095 |
be limited to, a system to monitor the defendant's or person's | 2096 |
compliance with the prescribed medication treatment plan. The | 2097 |
system shall include a schedule that clearly states when the | 2098 |
defendant or person shall report for a medication compliance | 2099 |
check. The medication compliance checks shall be based upon the | 2100 |
effective duration of the prescribed medication, taking into | 2101 |
account the route by which it is taken, and shall be scheduled at | 2102 |
intervals sufficiently close together to detect a potential | 2103 |
increase in mental illness symptoms that the medication is | 2104 |
intended to prevent. | 2105 |
The department's designee, after consultation with the board | 2106 |
of alcohol, drug addiction, and mental health services or the | 2107 |
community mental health board serving the area, shall send the | 2108 |
recommendation and plan developed under division (D)(1)(b)(iii) of | 2109 |
this section, in writing, to the trial court, the prosecutor, and | 2110 |
the counsel for the committed defendant or person. The trial court | 2111 |
shall conduct a hearing on the recommendation and plan developed | 2112 |
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c) | 2113 |
and (d) and (E) to (J) of this section apply regarding the | 2114 |
hearing. | 2115 |
(c) If the department's designee's recommendation is for | 2116 |
nonsecured status or termination of commitment, the prosecutor may | 2117 |
obtain an independent expert evaluation of the defendant's or | 2118 |
person's mental condition, and the trial court may continue the | 2119 |
hearing on the recommendation for a period of not more than thirty | 2120 |
days to permit time for the evaluation. | 2121 |
The prosecutor may introduce the evaluation report or present | 2122 |
other evidence at the hearing in accordance with the Rules of | 2123 |
Evidence. | 2124 |
(d) The trial court shall schedule the hearing on a | 2125 |
department's designee's recommendation for nonsecured status or | 2126 |
termination of commitment and shall give reasonable notice to the | 2127 |
prosecutor and the counsel for the defendant or person. Unless | 2128 |
continued for independent evaluation at the prosecutor's request | 2129 |
or for other good cause, the hearing shall be held within thirty | 2130 |
days after the trial court's receipt of the recommendation and | 2131 |
plan. | 2132 |
(2)(a) Division (D)(1) of this section does not apply to | 2133 |
on-grounds unsupervised movement of a defendant or person who has | 2134 |
been committed under section 2945.39 or 2945.40 of the Revised | 2135 |
Code, who is a mentally retarded person subject to | 2136 |
institutionalization by court order, and who is being provided | 2137 |
residential habilitation, care, and treatment in a facility | 2138 |
operated by the department of developmental disabilities. | 2139 |
(b) If, pursuant to section 2945.39 of the Revised Code, the | 2140 |
trial court commits a defendant who is found incompetent to stand | 2141 |
trial and who is a mentally retarded person subject to | 2142 |
institutionalization by court order, if the defendant is being | 2143 |
provided residential habilitation, care, and treatment in a | 2144 |
facility operated by the department of developmental disabilities, | 2145 |
if an individual who is conducting a survey for the department of | 2146 |
health to determine the facility's compliance with the | 2147 |
certification requirements of the medicaid program under Chapter | 2148 |
5111. of the Revised Code and Title XIX of the "Social Security | 2149 |
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the | 2150 |
defendant's receipt of the residential habilitation, care, and | 2151 |
treatment in the facility as being inappropriate under the | 2152 |
certification requirements, if the defendant's receipt of the | 2153 |
residential habilitation, care, and treatment in the facility | 2154 |
potentially jeopardizes the facility's continued receipt of | 2155 |
federal medicaid moneys, and if as a result of the citation the | 2156 |
chief clinical officer of the facility determines that the | 2157 |
conditions of the defendant's commitment should be changed, the | 2158 |
department of developmental disabilities may cause the defendant | 2159 |
to be removed from the particular facility and, after evaluating | 2160 |
the risks to public safety and the welfare of the defendant and | 2161 |
after determining whether another type of placement is consistent | 2162 |
with the certification requirements, may place the defendant in | 2163 |
another facility that the department selects as an appropriate | 2164 |
facility for the defendant's continued receipt of residential | 2165 |
habilitation, care, and treatment and that is a no less secure | 2166 |
setting than the facility in which the defendant had been placed | 2167 |
at the time of the citation. Within three days after the | 2168 |
defendant's removal and alternative placement under the | 2169 |
circumstances described in division (D)(2)(b) of this section, the | 2170 |
department of developmental disabilities shall notify the trial | 2171 |
court and the prosecutor in writing of the removal and alternative | 2172 |
placement. | 2173 |
The trial court shall set a date for a hearing on the removal | 2174 |
and alternative placement, and the hearing shall be held within | 2175 |
twenty-one days after the trial court's receipt of the notice from | 2176 |
the department of developmental disabilities. At least ten days | 2177 |
before the hearing is held, the trial court shall give the | 2178 |
prosecutor, the department of developmental disabilities, and the | 2179 |
counsel for the defendant written notice of the date, time, and | 2180 |
place of the hearing. At the hearing, the trial court shall | 2181 |
consider the citation issued by the individual who conducted the | 2182 |
survey for the department of health to be prima-facie evidence of | 2183 |
the fact that the defendant's commitment to the particular | 2184 |
facility was inappropriate under the certification requirements of | 2185 |
the medicaid program under Chapter 5111. of the Revised Code and | 2186 |
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 2187 |
U.S.C.A. 301, as amended, and potentially jeopardizes the | 2188 |
particular facility's continued receipt of federal medicaid | 2189 |
moneys. At the conclusion of the hearing, the trial court may | 2190 |
approve or disapprove the defendant's removal and alternative | 2191 |
placement. If the trial court approves the defendant's removal and | 2192 |
alternative placement, the department of developmental | 2193 |
disabilities may continue the defendant's alternative placement. | 2194 |
If the trial court disapproves the defendant's removal and | 2195 |
alternative placement, it shall enter an order modifying the | 2196 |
defendant's removal and alternative placement, but that order | 2197 |
shall not require the department of developmental disabilities to | 2198 |
replace the defendant for purposes of continued residential | 2199 |
habilitation, care, and treatment in the facility associated with | 2200 |
the citation issued by the individual who conducted the survey for | 2201 |
the department of health. | 2202 |
(E) In making a determination under this section regarding | 2203 |
nonsecured status or termination of commitment, the trial court | 2204 |
shall consider all relevant factors, including, but not limited | 2205 |
to, all of the following: | 2206 |
(1) Whether, in the trial court's view, the defendant or | 2207 |
person currently represents a substantial risk of physical harm to | 2208 |
the defendant or person or others; | 2209 |
(2) Psychiatric and medical testimony as to the current | 2210 |
mental and physical condition of the defendant or person; | 2211 |
(3) Whether the defendant or person has insight into the | 2212 |
defendant's or person's condition so that the defendant or person | 2213 |
will continue treatment as prescribed or seek professional | 2214 |
assistance as needed; | 2215 |
(4) The grounds upon which the state relies for the proposed | 2216 |
commitment; | 2217 |
(5) Any past history that is relevant to establish the | 2218 |
defendant's or person's degree of conformity to the laws, rules, | 2219 |
regulations, and values of society; | 2220 |
(6) If there is evidence that the defendant's or person's | 2221 |
mental illness is in a state of remission, the medically suggested | 2222 |
cause and degree of the remission and the probability that the | 2223 |
defendant or person will continue treatment to maintain the | 2224 |
remissive state of the defendant's or person's illness should the | 2225 |
defendant's or person's commitment conditions be altered. | 2226 |
(F) At any hearing held pursuant to division (C) or (D)(1) or | 2227 |
(2) of this section, the defendant or the person shall have all | 2228 |
the rights of a defendant or person at a commitment hearing as | 2229 |
described in section 2945.40 of the Revised Code. | 2230 |
(G) In a hearing held pursuant to division (C) or (D)(1) of | 2231 |
this section, the prosecutor has the burden of proof as follows: | 2232 |
(1) For a recommendation of termination of commitment, to | 2233 |
show by clear and convincing evidence that the defendant or person | 2234 |
remains a mentally ill person subject to | 2235 |
order or a mentally retarded person subject to | 2236 |
institutionalization by court order; | 2237 |
(2) For a recommendation for a change in the conditions of | 2238 |
the commitment to a less restrictive status, to show by clear and | 2239 |
convincing evidence that the proposed change represents a threat | 2240 |
to public safety or a threat to the safety of any person. | 2241 |
(H) In a hearing held pursuant to division (C) or (D)(1) or | 2242 |
(2) of this section, the prosecutor shall represent the state or | 2243 |
the public interest. | 2244 |
(I) At the conclusion of a hearing conducted under division | 2245 |
(D)(1) of this section regarding a recommendation from the | 2246 |
designee of the department of mental health, managing officer of | 2247 |
the institution, or director of a facility or program, the trial | 2248 |
court may approve, disapprove, or modify the recommendation and | 2249 |
shall enter an order accordingly. | 2250 |
(J)(1) A defendant or person who has been committed pursuant | 2251 |
to section 2945.39 or 2945.40 of the Revised Code continues to be | 2252 |
under the jurisdiction of the trial court until the final | 2253 |
termination of the commitment. For purposes of division (J) of | 2254 |
this section, the final termination of a commitment occurs upon | 2255 |
the earlier of one of the following: | 2256 |
(a) The defendant or person no longer is a mentally ill | 2257 |
person subject to | 2258 |
retarded person subject to institutionalization by court order, as | 2259 |
determined by the trial court; | 2260 |
(b) The expiration of the maximum prison term or term of | 2261 |
imprisonment that the defendant or person could have received if | 2262 |
the defendant or person had been convicted of the most serious | 2263 |
offense with which the defendant or person is charged or in | 2264 |
relation to which the defendant or person was found not guilty by | 2265 |
reason of insanity; | 2266 |
(c) The trial court enters an order terminating the | 2267 |
commitment under the circumstances described in division | 2268 |
(J)(2)(a)(ii) of this section. | 2269 |
(2)(a) If a defendant is found incompetent to stand trial and | 2270 |
committed pursuant to section 2945.39 of the Revised Code, if | 2271 |
neither of the circumstances described in divisions (J)(1)(a) and | 2272 |
(b) of this section applies to that defendant, and if a report | 2273 |
filed with the trial court pursuant to division (C) of this | 2274 |
section indicates that the defendant presently is competent to | 2275 |
stand trial or if, at any other time during the period of the | 2276 |
defendant's commitment, the prosecutor, the counsel for the | 2277 |
defendant, or the designee of the department of mental health or | 2278 |
the managing officer of the institution or director of the | 2279 |
facility or program to which the defendant is committed files an | 2280 |
application with the trial court alleging that the defendant | 2281 |
presently is competent to stand trial and requesting a hearing on | 2282 |
the competency issue or the trial court otherwise has reasonable | 2283 |
cause to believe that the defendant presently is competent to | 2284 |
stand trial and determines on its own motion to hold a hearing on | 2285 |
the competency issue, the trial court shall schedule a hearing on | 2286 |
the competency of the defendant to stand trial, shall give the | 2287 |
prosecutor, the counsel for the defendant, and the department's | 2288 |
designee or the managing officer of the institution or the | 2289 |
director of the facility to which the defendant is committed | 2290 |
notice of the date, time, and place of the hearing at least | 2291 |
fifteen days before the hearing, and shall conduct the hearing | 2292 |
within thirty days of the filing of the application or of its own | 2293 |
motion. If, at the conclusion of the hearing, the trial court | 2294 |
determines that the defendant presently is capable of | 2295 |
understanding the nature and objective of the proceedings against | 2296 |
the defendant and of assisting in the defendant's defense, the | 2297 |
trial court shall order that the defendant is competent to stand | 2298 |
trial and shall be proceeded against as provided by law with | 2299 |
respect to the applicable offenses described in division (C)(1) of | 2300 |
section 2945.38 of the Revised Code and shall enter whichever of | 2301 |
the following additional orders is appropriate: | 2302 |
(i) If the trial court determines that the defendant remains | 2303 |
a mentally ill person subject to | 2304 |
a mentally retarded person subject to institutionalization by | 2305 |
court order, the trial court shall order that the defendant's | 2306 |
commitment to the department of mental health or to an | 2307 |
institution, facility, or program for the treatment of mental | 2308 |
retardation be continued during the pendency of the trial on the | 2309 |
applicable offenses described in division (C)(1) of section | 2310 |
2945.38 of the Revised Code. | 2311 |
(ii) If the trial court determines that the defendant no | 2312 |
longer is a mentally ill person subject to | 2313 |
court order or a mentally retarded person subject to | 2314 |
institutionalization by court order, the trial court shall order | 2315 |
that the defendant's commitment to the department of mental health | 2316 |
or to an institution, facility, or program for the treatment of | 2317 |
mental retardation shall not be continued during the pendency of | 2318 |
the trial on the applicable offenses described in division (C)(1) | 2319 |
of section 2945.38 of the Revised Code. This order shall be a | 2320 |
final termination of the commitment for purposes of division | 2321 |
(J)(1)(c) of this section. | 2322 |
(b) If, at the conclusion of the hearing described in | 2323 |
division (J)(2)(a) of this section, the trial court determines | 2324 |
that the defendant remains incapable of understanding the nature | 2325 |
and objective of the proceedings against the defendant or of | 2326 |
assisting in the defendant's defense, the trial court shall order | 2327 |
that the defendant continues to be incompetent to stand trial, | 2328 |
that the defendant's commitment to the department of mental health | 2329 |
or to an institution, facility, or program for the treatment of | 2330 |
mental retardation shall be continued, and that the defendant | 2331 |
remains subject to the jurisdiction of the trial court pursuant to | 2332 |
that commitment, and to the provisions of this section, until the | 2333 |
final termination of the commitment as described in division | 2334 |
(J)(1) of this section. | 2335 |
Sec. 2967.22. Whenever it is brought to the attention of the | 2336 |
adult parole authority or a department of probation that a | 2337 |
parolee, person under a community control sanction, person under | 2338 |
transitional control, or releasee appears to be a mentally ill | 2339 |
person subject to | 2340 |
section 5122.01 of the Revised Code, or a mentally retarded person | 2341 |
subject to institutionalization by court order, as defined in | 2342 |
section 5123.01 of the Revised Code, the parole or probation | 2343 |
officer, subject to the approval of the chief of the adult parole | 2344 |
authority, the designee of the chief of the adult parole | 2345 |
authority, or the chief probation officer, may file an affidavit | 2346 |
under section 5122.11 or 5123.71 of the Revised Code. A parolee, | 2347 |
person under a community control sanction, or releasee who is | 2348 |
involuntarily detained under Chapter 5122. or 5123. of the Revised | 2349 |
Code shall receive credit against the period of parole or | 2350 |
community control or the term of post-release control for the | 2351 |
period of involuntary detention. | 2352 |
If a parolee, person under a community control sanction, | 2353 |
person under transitional control, or releasee escapes from an | 2354 |
institution or facility within the department of mental health or | 2355 |
the department of developmental disabilities, the superintendent | 2356 |
of the institution immediately shall notify the chief of the adult | 2357 |
parole authority or the chief probation officer. Notwithstanding | 2358 |
the provisions of section 5122.26 of the Revised Code, the | 2359 |
procedure for the apprehension, detention, and return of the | 2360 |
parolee, person under a community control sanction, person under | 2361 |
transitional control, or releasee is the same as that provided for | 2362 |
the apprehension, detention, and return of persons who escape from | 2363 |
institutions operated by the department of rehabilitation and | 2364 |
correction. If the escaped parolee, person under transitional | 2365 |
control, or releasee is not apprehended and returned to the | 2366 |
custody of the department of mental health or the department of | 2367 |
developmental disabilities within ninety days after the escape, | 2368 |
the parolee, person under transitional control, or releasee shall | 2369 |
be discharged from the custody of the department of mental health | 2370 |
or the department of developmental disabilities and returned to | 2371 |
the custody of the department of rehabilitation and correction. If | 2372 |
the escaped person under a community control sanction is not | 2373 |
apprehended and returned to the custody of the department of | 2374 |
mental health or the department of developmental disabilities | 2375 |
within ninety days after the escape, the person under a community | 2376 |
control sanction shall be discharged from the custody of the | 2377 |
department of mental health or the department of developmental | 2378 |
disabilities and returned to the custody of the court that | 2379 |
sentenced that person. | 2380 |
Sec. 5119.23. The department of mental health may examine | 2381 |
into, with or without expert assistance, the question of the | 2382 |
mental and physical condition of any person committed to or | 2383 |
involuntarily confined in any hospital for the mentally ill, or | 2384 |
restrained of | 2385 |
of alleged mental illness and may order and compel the discharge | 2386 |
of any such person who is not a mentally ill person subject to | 2387 |
2388 | |
section 5122.01 of the Revised Code and direct what disposition | 2389 |
shall be made of | 2390 |
signed by the director of mental health. Upon receipt of such | 2391 |
order by the superintendent or other person in charge of the | 2392 |
building in which the person named in such order is confined, such | 2393 |
person shall forthwith be discharged or otherwise disposed of | 2394 |
according to the terms of said order, and any further or other | 2395 |
detention of such person is unlawful. No such order shall be made | 2396 |
in favor of any person committed and held for trial on a criminal | 2397 |
charge, in confinement by an order of a judge or court made in a | 2398 |
criminal proceeding, or in any case unless notice is given to the | 2399 |
superintendent or other person having charge of the building in | 2400 |
which the alleged mentally ill person is detained, and a | 2401 |
reasonable opportunity is allowed the person in charge to justify | 2402 |
further detention of the person confined. | 2403 |
Sec. 5120.17. (A) As used in this section: | 2404 |
(1) "Mental illness" means a substantial disorder of thought, | 2405 |
mood, perception, orientation, or memory that grossly impairs | 2406 |
judgment, behavior, capacity to recognize reality, or ability to | 2407 |
meet the ordinary demands of life. | 2408 |
(2) "Mentally ill person subject to hospitalization" means a | 2409 |
mentally ill person to whom any of the following applies because | 2410 |
of the person's mental illness: | 2411 |
(a) The person represents a substantial risk of physical harm | 2412 |
to the person as manifested by evidence of threats of, or attempts | 2413 |
at, suicide or serious self-inflicted bodily harm. | 2414 |
(b) The person represents a substantial risk of physical harm | 2415 |
to others as manifested by evidence of recent homicidal or other | 2416 |
violent behavior, evidence of recent threats that place another in | 2417 |
reasonable fear of violent behavior and serious physical harm, or | 2418 |
other evidence of present dangerousness. | 2419 |
(c) The person represents a substantial and immediate risk of | 2420 |
serious physical impairment or injury to the person as manifested | 2421 |
by evidence that the person is unable to provide for and is not | 2422 |
providing for the person's basic physical needs because of the | 2423 |
person's mental illness and that appropriate provision for those | 2424 |
needs cannot be made immediately available in the correctional | 2425 |
institution in which the inmate is currently housed. | 2426 |
(d) The person would benefit from treatment in a hospital for | 2427 |
the person's mental illness and is in need of treatment in a | 2428 |
hospital as manifested by evidence of behavior that creates a | 2429 |
grave and imminent risk to substantial rights of others or the | 2430 |
person. | 2431 |
(3) "Psychiatric hospital" means all or part of a facility | 2432 |
that is operated and managed by the department of mental health to | 2433 |
provide psychiatric hospitalization services in accordance with | 2434 |
the requirements of this section pursuant to an agreement between | 2435 |
the directors of rehabilitation and correction and mental health | 2436 |
or, is licensed by the department of mental health pursuant to | 2437 |
section 5119.20 of the Revised Code as a psychiatric hospital and | 2438 |
is accredited by a healthcare accrediting organization approved by | 2439 |
the department of mental health and the psychiatric hospital is | 2440 |
any of the following: | 2441 |
(a) Operated and managed by the department of rehabilitation | 2442 |
and correction within a facility that is operated by the | 2443 |
department of rehabilitation and correction; | 2444 |
(b) Operated and managed by a contractor for the department | 2445 |
of rehabilitation and correction within a facility that is | 2446 |
operated by the department of rehabilitation and correction; | 2447 |
(c) Operated and managed in the community by an entity that | 2448 |
has contracted with the department of rehabilitation and | 2449 |
correction to provide psychiatric hospitalization services in | 2450 |
accordance with the requirements of this section. | 2451 |
(4) "Inmate patient" means an inmate who is admitted to a | 2452 |
psychiatric hospital. | 2453 |
(5) "Admitted" to a psychiatric hospital means being accepted | 2454 |
for and staying at least one night at the psychiatric hospital. | 2455 |
(6) "Treatment plan" means a written statement of reasonable | 2456 |
objectives and goals for an inmate patient that is based on the | 2457 |
needs of the inmate patient and that is established by the | 2458 |
treatment team, with the active participation of the inmate | 2459 |
patient and with documentation of that participation. "Treatment | 2460 |
plan" includes all of the following: | 2461 |
(a) The specific criteria to be used in evaluating progress | 2462 |
toward achieving the objectives and goals; | 2463 |
(b) The services to be provided to the inmate patient during | 2464 |
the inmate patient's hospitalization; | 2465 |
(c) The services to be provided to the inmate patient after | 2466 |
discharge from the hospital, including, but not limited to, | 2467 |
housing and mental health services provided at the state | 2468 |
correctional institution to which the inmate patient returns after | 2469 |
discharge or community mental health services. | 2470 |
(7) "Mentally retarded person subject to institutionalization | 2471 |
by court order" has the same meaning as in section 5123.01 of the | 2472 |
Revised Code. | 2473 |
(8) "Emergency transfer" means the transfer of a mentally ill | 2474 |
inmate to a psychiatric hospital when the inmate presents an | 2475 |
immediate danger to self or others and requires hospital-level | 2476 |
care. | 2477 |
(9) "Uncontested transfer" means the transfer of a mentally | 2478 |
ill inmate to a psychiatric hospital when the inmate has the | 2479 |
mental capacity to, and has waived, the hearing required by | 2480 |
division (B) of this section. | 2481 |
(10)(a) "Independent decision-maker" means a person who is | 2482 |
employed or retained by the department of rehabilitation and | 2483 |
correction and is appointed by the chief or chief clinical officer | 2484 |
of mental health services as a hospitalization hearing officer to | 2485 |
conduct due process hearings. | 2486 |
(b) An independent decision-maker who presides over any | 2487 |
hearing or issues any order pursuant to this section shall be a | 2488 |
psychiatrist, psychologist, or attorney, shall not be specifically | 2489 |
associated with the institution in which the inmate who is the | 2490 |
subject of the hearing or order resides at the time of the hearing | 2491 |
or order, and previously shall not have had any treatment | 2492 |
relationship with nor have represented in any legal proceeding the | 2493 |
inmate who is the subject of the order. | 2494 |
(B)(1) Except as provided in division (C) of this section, if | 2495 |
the warden of a state correctional institution or the warden's | 2496 |
designee believes that an inmate should be transferred from the | 2497 |
institution to a psychiatric hospital, the department shall hold a | 2498 |
hearing to determine whether the inmate is a mentally ill person | 2499 |
subject to hospitalization. The department shall conduct the | 2500 |
hearing at the state correctional institution in which the inmate | 2501 |
is confined, and the department shall provide qualified | 2502 |
independent assistance to the inmate for the hearing. An | 2503 |
independent decision-maker provided by the department shall | 2504 |
preside at the hearing and determine whether the inmate is a | 2505 |
mentally ill person subject to hospitalization. | 2506 |
(2) Except as provided in division (C) of this section, prior | 2507 |
to the hearing held pursuant to division (B)(1) of this section, | 2508 |
the warden or the warden's designee shall give written notice to | 2509 |
the inmate that the department is considering transferring the | 2510 |
inmate to a psychiatric hospital, that it will hold a hearing on | 2511 |
the proposed transfer at which the inmate may be present, that at | 2512 |
the hearing the inmate has the rights described in division (B)(3) | 2513 |
of this section, and that the department will provide qualified | 2514 |
independent assistance to the inmate with respect to the hearing. | 2515 |
The department shall not hold the hearing until the inmate has | 2516 |
received written notice of the proposed transfer and has had | 2517 |
sufficient time to consult with the person appointed by the | 2518 |
department to provide assistance to the inmate and to prepare for | 2519 |
a presentation at the hearing. | 2520 |
(3) At the hearing held pursuant to division (B)(1) of this | 2521 |
section, the department shall disclose to the inmate the evidence | 2522 |
that it relies upon for the transfer and shall give the inmate an | 2523 |
opportunity to be heard. Unless the independent decision-maker | 2524 |
finds good cause for not permitting it, the inmate may present | 2525 |
documentary evidence and the testimony of witnesses at the hearing | 2526 |
and may confront and cross-examine witnesses called by the | 2527 |
department. | 2528 |
(4) If the independent decision-maker does not find clear and | 2529 |
convincing evidence that the inmate is a mentally ill person | 2530 |
subject to hospitalization, the department shall not transfer the | 2531 |
inmate to a psychiatric hospital but shall continue to confine the | 2532 |
inmate in the same state correctional institution or in another | 2533 |
state correctional institution that the department considers | 2534 |
appropriate. If the independent decision-maker finds clear and | 2535 |
convincing evidence that the inmate is a mentally ill person | 2536 |
subject to hospitalization, the decision-maker shall order that | 2537 |
the inmate be transported to a psychiatric hospital for | 2538 |
observation and treatment for a period of not longer than thirty | 2539 |
days. After the hearing, the independent decision-maker shall | 2540 |
submit to the department a written decision that states one of the | 2541 |
findings described in division (B)(4) of this section, the | 2542 |
evidence that the decision-maker relied on in reaching that | 2543 |
conclusion, and, if the decision is that the inmate should be | 2544 |
transferred, the reasons for the transfer. | 2545 |
(C)(1) The department may transfer an inmate to a psychiatric | 2546 |
hospital under an emergency transfer order if the chief clinical | 2547 |
officer of mental health services of the department or that | 2548 |
officer's designee and either a psychiatrist employed or retained | 2549 |
by the department or, in the absence of a psychiatrist, a | 2550 |
psychologist employed or retained by the department determines | 2551 |
that the inmate is mentally ill, presents an immediate danger to | 2552 |
self or others, and requires hospital-level care. | 2553 |
(2) The department may transfer an inmate to a psychiatric | 2554 |
hospital under an uncontested transfer order if both of the | 2555 |
following apply: | 2556 |
(a) A psychiatrist employed or retained by the department | 2557 |
determines all of the following apply: | 2558 |
(i) The inmate has a mental illness or is a mentally ill | 2559 |
person subject to hospitalization. | 2560 |
(ii) The inmate requires hospital care to address the mental | 2561 |
illness. | 2562 |
(iii) The inmate has the mental capacity to make a reasoned | 2563 |
choice regarding the inmate's transfer to a hospital. | 2564 |
(b) The inmate agrees to a transfer to a hospital. | 2565 |
(3) The written notice and the hearing required under | 2566 |
divisions (B)(1) and (2) of this section are not required for an | 2567 |
emergency transfer or uncontested transfer under division (C)(1) | 2568 |
or (2) of this section. | 2569 |
(4) After an emergency transfer under division (C)(1) of this | 2570 |
section, the department shall hold a hearing for continued | 2571 |
hospitalization within five working days after admission of the | 2572 |
transferred inmate to the psychiatric hospital. The department | 2573 |
shall hold subsequent hearings pursuant to division (F) of this | 2574 |
section at the same intervals as required for inmate patients who | 2575 |
are transported to a psychiatric hospital under division (B)(4) of | 2576 |
this section. | 2577 |
(5) After an uncontested transfer under division (C)(2) of | 2578 |
this section, the inmate may withdraw consent to the transfer in | 2579 |
writing at any time. Upon the inmate's withdrawal of consent, the | 2580 |
hospital shall discharge the inmate, or, within five working days, | 2581 |
the department shall hold a hearing for continued hospitalization. | 2582 |
The department shall hold subsequent hearings pursuant to division | 2583 |
(F) of this section at the same time intervals as required for | 2584 |
inmate patients who are transported to a psychiatric hospital | 2585 |
under division (B)(4) of this section. | 2586 |
(D)(1) If an independent decision-maker, pursuant to division | 2587 |
(B)(4) of this section, orders an inmate transported to a | 2588 |
psychiatric hospital or if an inmate is transferred pursuant to | 2589 |
division (C)(1) or (2) of this section, the staff of the | 2590 |
psychiatric hospital shall examine the inmate patient when | 2591 |
admitted to the psychiatric hospital as soon as practicable after | 2592 |
the inmate patient arrives at the hospital and no later than | 2593 |
twenty-four hours after the time of arrival. The attending | 2594 |
physician responsible for the inmate patient's care shall give the | 2595 |
inmate patient all information necessary to enable the patient to | 2596 |
give a fully informed, intelligent, and knowing consent to the | 2597 |
treatment the inmate patient will receive in the hospital. The | 2598 |
attending physician shall tell the inmate patient the expected | 2599 |
physical and medical consequences of any proposed treatment and | 2600 |
shall give the inmate patient the opportunity to consult with | 2601 |
another psychiatrist at the hospital and with the inmate advisor. | 2602 |
(2) No inmate patient who is transported or transferred | 2603 |
pursuant to division (B)(4) or (C)(1) or (2) of this section to a | 2604 |
psychiatric hospital within a facility that is operated by the | 2605 |
department of rehabilitation and correction shall be subjected to | 2606 |
any of the following procedures: | 2607 |
(a) Convulsive therapy; | 2608 |
(b) Major aversive interventions; | 2609 |
(c) Any unusually hazardous treatment procedures; | 2610 |
(d) Psychosurgery. | 2611 |
(E) The department of rehabilitation and correction shall | 2612 |
ensure that an inmate patient hospitalized pursuant to this | 2613 |
section receives or has all of the following: | 2614 |
(1) Receives sufficient professional care within twenty days | 2615 |
of admission to ensure that an evaluation of the inmate patient's | 2616 |
current status, differential diagnosis, probable prognosis, and | 2617 |
description of the current treatment plan have been formulated and | 2618 |
are stated on the inmate patient's official chart; | 2619 |
(2) Has a written treatment plan consistent with the | 2620 |
evaluation, diagnosis, prognosis, and goals of treatment; | 2621 |
(3) Receives treatment consistent with the treatment plan; | 2622 |
(4) Receives periodic reevaluations of the treatment plan by | 2623 |
the professional staff at intervals not to exceed thirty days; | 2624 |
(5) Is provided with adequate medical treatment for physical | 2625 |
disease or injury; | 2626 |
(6) Receives humane care and treatment, including, without | 2627 |
being limited to, the following: | 2628 |
(a) Access to the facilities and personnel required by the | 2629 |
treatment plan; | 2630 |
(b) A humane psychological and physical environment; | 2631 |
(c) The right to obtain current information concerning the | 2632 |
treatment program, the expected outcomes of treatment, and the | 2633 |
expectations for the inmate patient's participation in the | 2634 |
treatment program in terms that the inmate patient reasonably can | 2635 |
understand; | 2636 |
(d) Opportunity for participation in programs designed to | 2637 |
help the inmate patient acquire the skills needed to work toward | 2638 |
discharge from the psychiatric hospital; | 2639 |
(e) The right to be free from unnecessary or excessive | 2640 |
medication and from unnecessary restraints or isolation; | 2641 |
(f) All other rights afforded inmates in the custody of the | 2642 |
department consistent with rules, policy, and procedure of the | 2643 |
department. | 2644 |
(F) The department shall hold a hearing for the continued | 2645 |
hospitalization of an inmate patient who is transported or | 2646 |
transferred to a psychiatric hospital pursuant to division (B)(4) | 2647 |
or (C)(1) of this section prior to the expiration of the initial | 2648 |
thirty-day period of hospitalization. The department shall hold | 2649 |
any subsequent hearings, if necessary, not later than ninety days | 2650 |
after the first thirty-day hearing and then not later than each | 2651 |
one hundred and eighty days after the immediately prior hearing. | 2652 |
An independent decision-maker shall conduct the hearings at the | 2653 |
psychiatric hospital in which the inmate patient is confined. The | 2654 |
inmate patient shall be afforded all of the rights set forth in | 2655 |
this section for the hearing prior to transfer to the psychiatric | 2656 |
hospital. The department may not waive a hearing for continued | 2657 |
commitment. A hearing for continued commitment is mandatory for an | 2658 |
inmate patient transported or transferred to a psychiatric | 2659 |
hospital pursuant to division (B)(4) or (C)(1) of this section | 2660 |
unless the inmate patient has the capacity to make a reasoned | 2661 |
choice to execute a waiver and waives the hearing in writing. An | 2662 |
inmate patient who is transferred to a psychiatric hospital | 2663 |
pursuant to an uncontested transfer under division (C)(2) of this | 2664 |
section and who has scheduled hearings after withdrawal of consent | 2665 |
for hospitalization may waive any of the scheduled hearings if the | 2666 |
inmate has the capacity to make a reasoned choice and executes a | 2667 |
written waiver of the hearing. | 2668 |
If upon completion of the hearing the independent | 2669 |
decision-maker does not find by clear and convincing evidence that | 2670 |
the inmate patient is a mentally ill person subject to | 2671 |
hospitalization, the independent decision-maker shall order the | 2672 |
inmate patient's discharge from the psychiatric hospital. If the | 2673 |
independent decision-maker finds by clear and convincing evidence | 2674 |
that the inmate patient is a mentally ill person subject to | 2675 |
hospitalization, the independent decision-maker shall order that | 2676 |
the inmate patient remain at the psychiatric hospital for | 2677 |
continued hospitalization until the next required hearing. | 2678 |
If at any time prior to the next required hearing for | 2679 |
continued hospitalization, the medical director of the hospital or | 2680 |
the attending physician determines that the treatment needs of the | 2681 |
inmate patient could be met equally well in an available and | 2682 |
appropriate less restrictive state correctional institution or | 2683 |
unit, the medical director or attending physician may discharge | 2684 |
the inmate to that facility. | 2685 |
(G) An inmate patient is entitled to the credits toward the | 2686 |
reduction of the inmate patient's stated prison term pursuant to | 2687 |
Chapters 2967. and 5120. of the Revised Code under the same terms | 2688 |
and conditions as if the inmate patient were in any other | 2689 |
institution of the department of rehabilitation and correction. | 2690 |
(H) The adult parole authority may place an inmate patient on | 2691 |
parole or under post-release control directly from a psychiatric | 2692 |
hospital. | 2693 |
(I) If an inmate patient who is a mentally ill person subject | 2694 |
to hospitalization is to be released from a psychiatric hospital | 2695 |
because of the expiration of the inmate patient's stated prison | 2696 |
term, the director of rehabilitation and correction or the | 2697 |
director's designee, at least fourteen days before the expiration | 2698 |
date, may file an affidavit under section 5122.11 or 5123.71 of | 2699 |
the Revised Code with the probate court in the county where the | 2700 |
psychiatric hospital is located or the probate court in the county | 2701 |
where the inmate will reside, alleging that the inmate patient is | 2702 |
a mentally ill person subject to | 2703 |
a mentally retarded person subject to institutionalization by | 2704 |
court order, whichever is applicable. The proceedings in the | 2705 |
probate court shall be conducted pursuant to Chapter 5122. or | 2706 |
5123. of the Revised Code except as modified by this division. | 2707 |
Upon the request of the inmate patient, the probate court | 2708 |
shall grant the inmate patient an initial hearing under section | 2709 |
5122.141 of the Revised Code or a probable cause hearing under | 2710 |
section 5123.75 of the Revised Code before the expiration of the | 2711 |
stated prison term. After holding a full hearing, the probate | 2712 |
court shall make a disposition authorized by section 5122.15 or | 2713 |
5123.76 of the Revised Code before the date of the expiration of | 2714 |
the stated prison term. No inmate patient shall be held in the | 2715 |
custody of the department of rehabilitation and correction past | 2716 |
the date of the expiration of the inmate patient's stated prison | 2717 |
term. | 2718 |
(J) The department of rehabilitation and correction shall set | 2719 |
standards for treatment provided to inmate patients. | 2720 |
(K) A certificate, application, record, or report that is | 2721 |
made in compliance with this section and that directly or | 2722 |
indirectly identifies an inmate or former inmate whose | 2723 |
hospitalization has been sought under this section is | 2724 |
confidential. No person shall disclose the contents of any | 2725 |
certificate, application, record, or report of that nature or any | 2726 |
other psychiatric or medical record or report regarding a mentally | 2727 |
ill inmate unless one of the following applies: | 2728 |
(1) The person identified, or the person's legal guardian, if | 2729 |
any, consents to disclosure, and the chief clinical officer or | 2730 |
designee of mental health services of the department of | 2731 |
rehabilitation and correction determines that disclosure is in the | 2732 |
best interests of the person. | 2733 |
(2) Disclosure is required by a court order signed by a | 2734 |
judge. | 2735 |
(3) An inmate patient seeks access to the inmate patient's | 2736 |
own psychiatric and medical records, unless access is specifically | 2737 |
restricted in the treatment plan for clear treatment reasons. | 2738 |
(4) Hospitals and other institutions and facilities within | 2739 |
the department of rehabilitation and correction may exchange | 2740 |
psychiatric records and other pertinent information with other | 2741 |
hospitals, institutions, and facilities of the department, but the | 2742 |
information that may be released about an inmate patient is | 2743 |
limited to medication history, physical health status and history, | 2744 |
summary of course of treatment in the hospital, summary of | 2745 |
treatment needs, and a discharge summary, if any. | 2746 |
(5) An inmate patient's family member who is involved in | 2747 |
planning, providing, and monitoring services to the inmate patient | 2748 |
may receive medication information, a summary of the inmate | 2749 |
patient's diagnosis and prognosis, and a list of the services and | 2750 |
personnel available to assist the inmate patient and family if the | 2751 |
attending physician determines that disclosure would be in the | 2752 |
best interest of the inmate patient. No disclosure shall be made | 2753 |
under this division unless the inmate patient is notified of the | 2754 |
possible disclosure, receives the information to be disclosed, and | 2755 |
does not object to the disclosure. | 2756 |
(6) The department of rehabilitation and correction may | 2757 |
exchange psychiatric hospitalization records, other mental health | 2758 |
treatment records, and other pertinent information with county | 2759 |
sheriffs' offices, hospitals, institutions, and facilities of the | 2760 |
department of mental health and with community mental health | 2761 |
agencies and boards of alcohol, drug addiction, and mental health | 2762 |
services with which the department of mental health has a current | 2763 |
agreement for patient care or services to ensure continuity of | 2764 |
care. Disclosure under this division is limited to records | 2765 |
regarding a mentally ill inmate's medication history, physical | 2766 |
health status and history, summary of course of treatment, summary | 2767 |
of treatment needs, and a discharge summary, if any. No office, | 2768 |
department, agency, or board shall disclose the records and other | 2769 |
information unless one of the following applies: | 2770 |
(a) The mentally ill inmate is notified of the possible | 2771 |
disclosure and consents to the disclosure. | 2772 |
(b) The mentally ill inmate is notified of the possible | 2773 |
disclosure, an attempt to gain the consent of the inmate is made, | 2774 |
and the office, department, agency, or board documents the attempt | 2775 |
to gain consent, the inmate's objections, if any, and the reasons | 2776 |
for disclosure in spite of the inmate's objections. | 2777 |
(7) Information may be disclosed to staff members designated | 2778 |
by the director of rehabilitation and correction for the purpose | 2779 |
of evaluating the quality, effectiveness, and efficiency of | 2780 |
services and determining if the services meet minimum standards. | 2781 |
The name of an inmate patient shall not be retained with the | 2782 |
information obtained during the evaluations. | 2783 |
(L) The director of rehabilitation and correction may adopt | 2784 |
rules setting forth guidelines for the procedures required under | 2785 |
divisions (B), (C)(1), and (C)(2) of this section. | 2786 |
Sec. 5122.01. As used in this chapter and Chapter 5119. of | 2787 |
the Revised Code: | 2788 |
(A) "Mental illness" means a substantial disorder of thought, | 2789 |
mood, perception, orientation, or memory that grossly impairs | 2790 |
judgment, behavior, capacity to recognize reality, or ability to | 2791 |
meet the ordinary demands of life. | 2792 |
(B) "Mentally ill person subject to | 2793 |
order" means a mentally ill person who, because of the person's | 2794 |
illness: | 2795 |
(1) Represents a substantial risk of physical harm to self as | 2796 |
manifested by evidence of threats of, or attempts at, suicide or | 2797 |
serious self-inflicted bodily harm; | 2798 |
(2) Represents a substantial risk of physical harm to others | 2799 |
as manifested by evidence of recent homicidal or other violent | 2800 |
behavior, evidence of recent threats that place another in | 2801 |
reasonable fear of violent behavior and serious physical harm, or | 2802 |
other evidence of present dangerousness; | 2803 |
(3) Represents a substantial and immediate risk of serious | 2804 |
physical impairment or injury to self as manifested by evidence | 2805 |
that the person is unable to provide for and is not providing for | 2806 |
the person's basic physical needs because of the person's mental | 2807 |
illness and that appropriate provision for those needs cannot be | 2808 |
made immediately available in the community; or | 2809 |
(4) Would benefit from treatment | 2810 |
2811 | |
2812 | |
2813 | |
all of the following: | 2814 |
(a) The substantial likelihood that, if the person is not | 2815 |
treated, the person's current condition will further deteriorate | 2816 |
to the point that the person will meet criteria in division | 2817 |
(B)(1), (2), or (3) of this section. | 2818 |
(b) The person has demonstrated difficulty in adhering to | 2819 |
reasonable and appropriate prescribed treatment. | 2820 |
(c) The likelihood that the person will not voluntarily | 2821 |
participate in treatment despite a risk of serious impairment or | 2822 |
injury to self or others. | 2823 |
(C)(1) "Patient" means, subject to division (C)(2) of this | 2824 |
section, a person who is admitted either voluntarily or | 2825 |
involuntarily to a hospital or other place under section 2945.39, | 2826 |
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a | 2827 |
finding of not guilty by reason of insanity or incompetence to | 2828 |
stand trial or under this chapter, who is under observation or | 2829 |
receiving treatment in such place. | 2830 |
(2) "Patient" does not include a person admitted to a | 2831 |
hospital or other place under section 2945.39, 2945.40, 2945.401, | 2832 |
or 2945.402 of the Revised Code to the extent that the reference | 2833 |
in this chapter to patient, or the context in which the reference | 2834 |
occurs, is in conflict with any provision of sections 2945.37 to | 2835 |
2945.402 of the Revised Code. | 2836 |
(D) "Licensed physician" means a person licensed under the | 2837 |
laws of this state to practice medicine or a medical officer of | 2838 |
the government of the United States while in this state in the | 2839 |
performance of the person's official duties. | 2840 |
(E) "Psychiatrist" means a licensed physician who has | 2841 |
satisfactorily completed a residency training program in | 2842 |
psychiatry, as approved by the residency review committee of the | 2843 |
American medical association, the committee on post-graduate | 2844 |
education of the American osteopathic association, or the American | 2845 |
osteopathic board of neurology and psychiatry, or who on July 1, | 2846 |
1989, has been recognized as a psychiatrist by the Ohio state | 2847 |
medical association or the Ohio osteopathic association on the | 2848 |
basis of formal training and five or more years of medical | 2849 |
practice limited to psychiatry. | 2850 |
(F) "Hospital" means a hospital or inpatient unit licensed by | 2851 |
the department of mental health under section 5119.20 of the | 2852 |
Revised Code, and any institution, hospital, or other place | 2853 |
established, controlled, or supervised by the department under | 2854 |
Chapter 5119. of the Revised Code. | 2855 |
(G) "Public hospital" means a facility that is tax-supported | 2856 |
and under the jurisdiction of the department of mental health. | 2857 |
(H) "Community mental health agency" means an agency that | 2858 |
provides community mental health services that are certified by | 2859 |
the director of mental health under section 5119.611 of the | 2860 |
Revised Code. | 2861 |
(I) "Licensed clinical psychologist" means a person who holds | 2862 |
a current valid psychologist license issued under section 4732.12 | 2863 |
or 4732.15 of the Revised Code, and in addition, meets either of | 2864 |
the following criteria: | 2865 |
(1) Meets the educational requirements set forth in division | 2866 |
(B) of section 4732.10 of the Revised Code and has a minimum of | 2867 |
two years' full-time professional experience, or the equivalent as | 2868 |
determined by rule of the state board of psychology, at least one | 2869 |
year of which shall be a predoctoral internship, in clinical | 2870 |
psychological work in a public or private hospital or clinic or in | 2871 |
private practice, diagnosing and treating problems of mental | 2872 |
illness or mental retardation under the supervision of a | 2873 |
psychologist who is licensed or who holds a diploma issued by the | 2874 |
American board of professional psychology, or whose qualifications | 2875 |
are substantially similar to those required for licensure by the | 2876 |
state board of psychology when the supervision has occurred prior | 2877 |
to enactment of laws governing the practice of psychology; | 2878 |
(2) Meets the educational requirements set forth in division | 2879 |
(B) of section 4732.15 of the Revised Code and has a minimum of | 2880 |
four years' full-time professional experience, or the equivalent | 2881 |
as determined by rule of the state board of psychology, in | 2882 |
clinical psychological work in a public or private hospital or | 2883 |
clinic or in private practice, diagnosing and treating problems of | 2884 |
mental illness or mental retardation under supervision, as set | 2885 |
forth in division (I)(1) of this section. | 2886 |
(J) "Health officer" means any public health physician; | 2887 |
public health nurse; or other person authorized by or designated | 2888 |
by a city health district; a general health district; or a board | 2889 |
of alcohol, drug addiction, and mental health services to perform | 2890 |
the duties of a health officer under this chapter. | 2891 |
(K) "Chief clinical officer" means the medical director of a | 2892 |
hospital, or a community mental health agency, or a board of | 2893 |
alcohol, drug addiction, and mental health services, or, if there | 2894 |
is no medical director, the licensed physician responsible for the | 2895 |
treatment a hospital or community mental health agency provides. | 2896 |
The chief clinical officer may delegate to the attending physician | 2897 |
responsible for a patient's care the duties imposed on the chief | 2898 |
clinical officer by this chapter. Within a community mental health | 2899 |
agency, the chief clinical officer shall be designated by the | 2900 |
governing body of the agency and shall be a licensed physician or | 2901 |
licensed clinical psychologist who supervises diagnostic and | 2902 |
treatment services. A licensed physician or licensed clinical | 2903 |
psychologist designated by the chief clinical officer may perform | 2904 |
the duties and accept the responsibilities of the chief clinical | 2905 |
officer in the chief clinical officer's absence. | 2906 |
(L) "Working day" or "court day" means Monday, Tuesday, | 2907 |
Wednesday, Thursday, and Friday, except when such day is a | 2908 |
holiday. | 2909 |
(M) "Indigent" means unable without deprivation of | 2910 |
satisfaction of basic needs to provide for the payment of an | 2911 |
attorney and other necessary expenses of legal representation, | 2912 |
including expert testimony. | 2913 |
(N) "Respondent" means the person whose detention, | 2914 |
commitment, hospitalization, continued hospitalization or | 2915 |
commitment, or discharge is being sought in any proceeding under | 2916 |
this chapter. | 2917 |
(O) "Ohio protection and advocacy system" has the same | 2918 |
meaning as in section 5123.60 of the Revised Code. | 2919 |
(P) "Independent expert evaluation" means an evaluation | 2920 |
conducted by a licensed clinical psychologist, psychiatrist, or | 2921 |
licensed physician who has been selected by the respondent or the | 2922 |
respondent's counsel and who consents to conducting the | 2923 |
evaluation. | 2924 |
(Q) "Court" means the probate division of the court of common | 2925 |
pleas. | 2926 |
(R) "Expunge" means: | 2927 |
(1) The removal and destruction of court files and records, | 2928 |
originals and copies, and the deletion of all index references; | 2929 |
(2) The reporting to the person of the nature and extent of | 2930 |
any information about the person transmitted to any other person | 2931 |
by the court; | 2932 |
(3) Otherwise insuring that any examination of court files | 2933 |
and records in question shall show no record whatever with respect | 2934 |
to the person; | 2935 |
(4) That all rights and privileges are restored, and that the | 2936 |
person, the court, and any other person may properly reply that no | 2937 |
such record exists, as to any matter expunged. | 2938 |
(S) "Residence" means a person's physical presence in a | 2939 |
county with intent to remain there, except that: | 2940 |
(1) If a person is receiving a mental health service at a | 2941 |
facility that includes nighttime sleeping accommodations, | 2942 |
residence means that county in which the person maintained the | 2943 |
person's primary place of residence at the time the person entered | 2944 |
the facility; | 2945 |
(2) If a person is committed pursuant to section 2945.38, | 2946 |
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, | 2947 |
residence means the county where the criminal charges were filed. | 2948 |
When the residence of a person is disputed, the matter of | 2949 |
residence shall be referred to the department of mental health for | 2950 |
investigation and determination. Residence shall not be a basis | 2951 |
for a board's denying services to any person present in the | 2952 |
board's service district, and the board shall provide services for | 2953 |
a person whose residence is in dispute while residence is being | 2954 |
determined and for a person in an emergency situation. | 2955 |
(T) "Admission" to a hospital or other place means that a | 2956 |
patient is accepted for and stays at least one night at the | 2957 |
hospital or other place. | 2958 |
(U) "Prosecutor" means the prosecuting attorney, village | 2959 |
solicitor, city director of law, or similar chief legal officer | 2960 |
who prosecuted a criminal case in which a person was found not | 2961 |
guilty by reason of insanity, who would have had the authority to | 2962 |
prosecute a criminal case against a person if the person had not | 2963 |
been found incompetent to stand trial, or who prosecuted a case in | 2964 |
which a person was found guilty. | 2965 |
(V)(1) "Treatment plan" means a written statement of | 2966 |
reasonable objectives and goals for an individual established by | 2967 |
the treatment team, with specific criteria to evaluate progress | 2968 |
towards achieving those objectives. | 2969 |
(2) The active participation of the patient in establishing | 2970 |
the objectives and goals shall be documented. The treatment plan | 2971 |
shall be based on patient needs and include services to be | 2972 |
provided to the patient while the patient is hospitalized | 2973 |
after the patient is discharged, or in an outpatient setting. The | 2974 |
treatment plan shall address services to be provided | 2975 |
2976 | |
limited to | 2977 |
following: | 2978 |
(a) Community psychiatric supportive treatment; | 2979 |
(b) Assertive community treatment; | 2980 |
(c) Medications; | 2981 |
(d) Individual or group therapy; | 2982 |
(e) Peer support services; | 2983 |
(f) Financial services; | 2984 |
(g) Housing or supervised living services; | 2985 |
(h) Alcohol or substance abuse treatment; | 2986 |
(i) Any other services prescribed to treat the patient's | 2987 |
mental illness and to either assist the patient in living and | 2988 |
functioning in the community or to help prevent a relapse or a | 2989 |
deterioration of the patient's current condition. | 2990 |
(3) If the person subject to the treatment plan has executed | 2991 |
an advanced directive for mental health treatment, the treatment | 2992 |
team shall consider any directions included in such advanced | 2993 |
directive in developing the treatment plan. | 2994 |
(W) "Community control sanction" has the same meaning as in | 2995 |
section 2929.01 of the Revised Code. | 2996 |
(X) "Post-release control sanction" has the same meaning as | 2997 |
in section 2967.01 of the Revised Code. | 2998 |
(Y) "Local correctional facility" has the same meaning as in | 2999 |
division (D)(4) of section 2903.13 of the Revised Code. | 3000 |
Sec. 5122.03. A patient admitted under section 5122.02 of | 3001 |
the Revised Code who requests release in writing, or whose release | 3002 |
is requested in writing by the patient's counsel, legal guardian, | 3003 |
parent, spouse, or adult next of kin shall be released forthwith, | 3004 |
except that when: | 3005 |
(A) The patient was admitted on the patient's own application | 3006 |
and the request for release is made by a person other than the | 3007 |
patient, release may be conditional upon the agreement of the | 3008 |
patient; or | 3009 |
(B) The chief clinical officer of the hospital, within three | 3010 |
court days from the receipt of the request for release, files or | 3011 |
causes to be filed with the court of the county where the patient | 3012 |
is hospitalized or of the county where the patient is a resident, | 3013 |
an affidavit under section 5122.11 of the Revised Code. Release | 3014 |
may be postponed until the hearing held under section 5122.141 of | 3015 |
the Revised Code. A telephone communication within three court | 3016 |
days from the receipt of the request for release from the chief | 3017 |
clinical officer to the court, indicating that the required | 3018 |
affidavit has been mailed, is sufficient compliance with the time | 3019 |
limit for filing such affidavit. | 3020 |
Unless the patient is released within three days from the | 3021 |
receipt of the request by the chief clinical officer, the request | 3022 |
shall serve as a request for an initial hearing under section | 3023 |
5122.141 of the Revised Code. If the court finds that the patient | 3024 |
is a mentally ill person subject to | 3025 |
order, all provisions of this chapter with respect to involuntary | 3026 |
hospitalization apply to such person. | 3027 |
Judicial proceedings for hospitalization shall not be | 3028 |
commenced with respect to a voluntary patient except pursuant to | 3029 |
this section. | 3030 |
Sections 5121.30 to 5121.56 of the Revised Code apply to | 3031 |
persons received in a hospital operated by the department of | 3032 |
mental health on a voluntary application. | 3033 |
The chief clinical officer of the hospital shall provide | 3034 |
reasonable means and arrangements for informing patients of their | 3035 |
rights to release as provided in this section and for assisting | 3036 |
them in making and presenting requests for release or for a | 3037 |
hearing under section 5122.141 of the Revised Code. | 3038 |
Before a patient is released from a public hospital, the | 3039 |
chief clinical officer shall, when possible, notify the board of | 3040 |
the patient's county of residence of the patient's pending release | 3041 |
after the chief clinical officer has informed the patient that the | 3042 |
board will be so notified. | 3043 |
Sec. 5122.05. (A) The chief clinical officer of a hospital | 3044 |
may, and the chief clinical officer of a public hospital in all | 3045 |
cases of psychiatric medical emergencies, shall receive for | 3046 |
observation, diagnosis, care, and treatment any person whose | 3047 |
admission is applied for under any of the following procedures: | 3048 |
(1) Emergency procedure, as provided in section 5122.10 of | 3049 |
the Revised Code; | 3050 |
(2) Judicial procedure as provided in sections 2945.38, | 3051 |
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of | 3052 |
the Revised Code. | 3053 |
Upon application for such admission, the chief clinical | 3054 |
officer of a hospital immediately shall notify the board of the | 3055 |
patient's county of residence. To assist the hospital in | 3056 |
determining whether the patient is subject to involuntary | 3057 |
hospitalization and whether alternative services are available, | 3058 |
the board or an agency the board designates promptly shall assess | 3059 |
the patient unless the board or agency already has performed such | 3060 |
assessment, or unless the commitment is pursuant to section | 3061 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 3062 |
Code. | 3063 |
(B) No person who is being treated by spiritual means through | 3064 |
prayer alone, in accordance with a recognized religious method of | 3065 |
healing, may be involuntarily committed unless the court has | 3066 |
determined that the person represents a substantial risk of | 3067 |
impairment or injury to self or others; | 3068 |
(C) Any person who is involuntarily detained in a hospital or | 3069 |
otherwise is in custody under this chapter, immediately upon being | 3070 |
taken into custody, shall be informed and provided with a written | 3071 |
statement that the person may do any of the following: | 3072 |
(1) Immediately make a reasonable number of telephone calls | 3073 |
or use other reasonable means to contact an attorney, a licensed | 3074 |
physician, or a licensed clinical psychologist, to contact any | 3075 |
other person or persons to secure representation by counsel, or to | 3076 |
obtain medical or psychological assistance, and be provided | 3077 |
assistance in making calls if the assistance is needed and | 3078 |
requested; | 3079 |
(2) Retain counsel and have independent expert evaluation of | 3080 |
the person's mental condition and, if the person is unable to | 3081 |
obtain an attorney or independent expert evaluation, be | 3082 |
represented by court-appointed counsel or have independent expert | 3083 |
evaluation of the person's mental condition, or both, at public | 3084 |
expense if the person is indigent; | 3085 |
(3) Have a hearing to determine whether or not the person is | 3086 |
a mentally ill person subject to | 3087 |
Sec. 5122.10. Any psychiatrist, licensed clinical | 3088 |
psychologist, licensed physician, health officer, parole officer, | 3089 |
police officer, or sheriff may take a person into custody, or the | 3090 |
chief of the adult parole authority or a parole or probation | 3091 |
officer with the approval of the chief of the authority may take a | 3092 |
parolee, an offender under a community control sanction or a | 3093 |
post-release control sanction, or an offender under transitional | 3094 |
control into custody and may immediately transport the parolee, | 3095 |
offender on community control or post-release control, or offender | 3096 |
under transitional control to a hospital or, notwithstanding | 3097 |
section 5119.20 of the Revised Code, to a general hospital not | 3098 |
licensed by the department of mental health where the parolee, | 3099 |
offender on community control or post-release control, or offender | 3100 |
under transitional control may be held for the period prescribed | 3101 |
in this section, if the psychiatrist, licensed clinical | 3102 |
psychologist, licensed physician, health officer, parole officer, | 3103 |
police officer, or sheriff has reason to believe that the person | 3104 |
is a mentally ill person subject to | 3105 |
under division (B) of section 5122.01 of the Revised Code, and | 3106 |
represents a substantial risk of physical harm to self or others | 3107 |
if allowed to remain at liberty pending examination. | 3108 |
A written statement shall be given to such hospital by the | 3109 |
transporting psychiatrist, licensed clinical psychologist, | 3110 |
licensed physician, health officer, parole officer, police | 3111 |
officer, chief of the adult parole authority, parole or probation | 3112 |
officer, or sheriff stating the circumstances under which such | 3113 |
person was taken into custody and the reasons for the | 3114 |
psychiatrist's, licensed clinical psychologist's, licensed | 3115 |
physician's, health officer's, parole officer's, police officer's, | 3116 |
chief of the adult parole authority's, parole or probation | 3117 |
officer's, or sheriff's belief. This statement shall be made | 3118 |
available to the respondent or the respondent's attorney upon | 3119 |
request of either. | 3120 |
Every reasonable and appropriate effort shall be made to take | 3121 |
persons into custody in the least conspicuous manner possible. A | 3122 |
person taking the respondent into custody pursuant to this section | 3123 |
shall explain to the respondent: the name, professional | 3124 |
designation, and agency affiliation of the person taking the | 3125 |
respondent into custody; that the custody-taking is not a criminal | 3126 |
arrest; and that the person is being taken for examination by | 3127 |
mental health professionals at a specified mental health facility | 3128 |
identified by name. | 3129 |
If a person taken into custody under this section is | 3130 |
transported to a general hospital, the general hospital may admit | 3131 |
the person, or provide care and treatment for the person, or both, | 3132 |
notwithstanding section 5119.20 of the Revised Code, but by the | 3133 |
end of twenty-four hours after arrival at the general hospital, | 3134 |
the person shall be transferred to a hospital as defined in | 3135 |
section 5122.01 of the Revised Code. | 3136 |
A person transported or transferred to a hospital or | 3137 |
community mental health agency under this section shall be | 3138 |
examined by the staff of the hospital or agency within twenty-four | 3139 |
hours after arrival at the hospital or agency. If to conduct the | 3140 |
examination requires that the person remain overnight, the | 3141 |
hospital or agency shall admit the person in an unclassified | 3142 |
status until making a disposition under this section. After the | 3143 |
examination, if the chief clinical officer of the hospital or | 3144 |
agency believes that the person is not a mentally ill person | 3145 |
subject to | 3146 |
officer shall release or discharge the person immediately unless a | 3147 |
court has issued a temporary order of detention applicable to the | 3148 |
person under section 5122.11 of the Revised Code. After the | 3149 |
examination, if the chief clinical officer believes that the | 3150 |
person is a mentally ill person subject to | 3151 |
court order, the chief clinical officer may detain the person for | 3152 |
not more than three court days following the day of the | 3153 |
examination and during such period admit the person as a voluntary | 3154 |
patient under section 5122.02 of the Revised Code or file an | 3155 |
affidavit under section 5122.11 of the Revised Code. If neither | 3156 |
action is taken and a court has not otherwise issued a temporary | 3157 |
order of detention applicable to the person under section 5122.11 | 3158 |
of the Revised Code, the chief clinical officer shall discharge | 3159 |
the person at the end of the three-day period unless the person | 3160 |
has been sentenced to the department of rehabilitation and | 3161 |
correction and has not been released from the person's sentence, | 3162 |
in which case the person shall be returned to that department. | 3163 |
Sec. 5122.11. Proceedings for | 3164 |
3165 | |
5122.15 of the Revised Code shall be commenced by the filing of an | 3166 |
affidavit in the manner | 3167 |
mental health and in a form prescribed in section 5122.111 of the | 3168 |
Revised Code, by any person or persons with the probate court, | 3169 |
either on reliable information or actual knowledge, whichever is | 3170 |
determined to be proper by the court. This section does not apply | 3171 |
to the hospitalization of a person pursuant to section 2945.39, | 3172 |
2945.40, 2945.401, or 2945.402 of the Revised Code. | 3173 |
The affidavit shall contain an allegation setting forth the | 3174 |
specific category or categories under division (B) of section | 3175 |
5122.01 of the Revised Code upon which the jurisdiction of the | 3176 |
court is based and a statement of alleged facts sufficient to | 3177 |
indicate probable cause to believe that the person is a mentally | 3178 |
ill person subject to | 3179 |
affidavit may be accompanied, or the court may require that the | 3180 |
affidavit be accompanied, by a certificate of a psychiatrist, or a | 3181 |
certificate signed by a licensed clinical psychologist and a | 3182 |
certificate signed by a licensed physician stating that the person | 3183 |
who issued the certificate has examined the person and is of the | 3184 |
opinion that the person is a mentally ill person subject to | 3185 |
3186 | |
written statement by the applicant, under oath, that the person | 3187 |
has refused to submit to an examination by a psychiatrist, or by a | 3188 |
licensed clinical psychologist and licensed physician. | 3189 |
Upon receipt of the affidavit, if a judge of the court or a | 3190 |
referee who is an attorney at law appointed by the court has | 3191 |
probable cause to believe that the person named in the affidavit | 3192 |
is a mentally ill person subject to | 3193 |
order, the judge or referee may issue a temporary order of | 3194 |
detention ordering any health or police officer or sheriff to take | 3195 |
into custody and transport the person to a hospital or other place | 3196 |
designated in section 5122.17 of the Revised Code, or may set the | 3197 |
matter for further hearing. | 3198 |
The person may be observed and treated until the hearing | 3199 |
provided for in section 5122.141 of the Revised Code. If no such | 3200 |
hearing is held, the person may be observed and treated until the | 3201 |
hearing provided for in section 5122.15 of the Revised Code. | 3202 |
Sec. 5122.111. To initiate proceedings for court-ordered | 3203 |
treatment of a person under section 5122.11 of the Revised Code, a | 3204 |
person or persons shall file an affidavit with the probate court | 3205 |
that is identical in form and content to the following: | 3206 |
AFFIDAVIT OF MENTAL ILLNESS | 3207 |
3208 | |||
The State of Ohio | 3209 | ||
..................... County, | ss. | 3210 | |
..................... Court | 3211 |
................................................................. | 3212 | ||
the undersigned, residing at | 3213 | ||
................................................................. | 3214 | ||
says, that he/she has information to believe or has actual knowledge that | 3215 | ||
................................................................. | 3216 |
3217 | |
[ ] Represents a substantial risk of physical harm to self as | 3218 |
manifested by evidence of threats of, or attempts at, suicide or | 3219 |
serious self-inflicted bodily harm; | 3220 |
[ ] Represents a substantial risk of physical harm to others as | 3221 |
manifested by evidence of recent homicidal or other violent | 3222 |
behavior or evidence of recent threats that place another in | 3223 |
reasonable fear of violent behavior and serious physical harm or | 3224 |
other evidence of present dangerousness; | 3225 |
[ ] Represents a substantial and immediate risk of serious | 3226 |
physical impairment or injury to self as manifested by evidence of | 3227 |
being unable to provide for and of not providing for basic | 3228 |
physical needs because of mental illness and that appropriate | 3229 |
provision for such needs cannot be made immediately available in | 3230 |
the community; or | 3231 |
[ ] Would benefit from treatment due to all of the following: | 3232 |
(a) The substantial likelihood that, if the person is not treated, | 3233 |
the person's current condition will further deteriorate to the | 3234 |
point that the person will meet the criteria in one of the three | 3235 |
prior paragraphs. | 3236 |
(b) The person has demonstrated difficulty in adhering to | 3237 |
reasonable and appropriate prescribed treatment. | 3238 |
(c) The likelihood that the person will not voluntarily | 3239 |
participate in treatment despite a risk of serious impairment or | 3240 |
injury to self or others. | 3241 |
................................................................. | 3242 | ||
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows: | 3243 | ||
................................................................. | 3244 | ||
................................................................. | 3245 | ||
................................................................. | 3246 | ||
................................................................. | 3247 | ||
................................................................. | 3248 | ||
................................................................. | 3249 | ||
These facts being sufficient to indicate probable cause that the | 3250 | ||
above said person is a mentally ill person subject to | 3251 | ||
court order. | 3252 |
Name of Patient's Last Physician or Licensed Clinical Psychologist | 3253 | ||
................................................................. | 3254 | ||
Address of Patient's Last Physician or Licensed Clinical Psychologist | 3255 | ||
................................................................. | 3256 | ||
................................................................. | 3257 |
The name and address of respondent's legal guardian, spouse, and | 3258 |
adult next of kin are: | 3259 |
Name | Kinship | Address | 3260 | |||
3261 | ||||||
Legal Guardian | 3262 | |||||
3263 | ||||||
3264 | ||||||
Spouse | 3265 | |||||
3266 | ||||||
3267 | ||||||
Adult Next of Kin | 3268 | |||||
3269 | ||||||
3270 | ||||||
Adult Next of Kin | 3271 | |||||
3272 |
The following constitutes additional information that may be | 3273 | ||
necessary for the purpose of determining residence: | 3274 | ||
................................................................. | 3275 | ||
................................................................. | 3276 | ||
................................................................. | 3277 | ||
................................................................. | 3278 | ||
................................................................. | 3279 |
Dated this ............. day of ..............., 20... | 3280 |
3281 | |||
Signature of the party filing the affidavit | 3282 |
Sworn to before me and signed in my presence on the day and year | 3283 |
above dated. | 3284 |
3285 | |||
Signature of Probate Judge | 3286 |
3287 | |||
Signature of Deputy Clerk | 3288 |
3289 | |
I, the undersigned party filing the affidavit hereby waive the | 3290 |
issuing and service of notice of the hearing on said affidavit, | 3291 |
and voluntarily enter my appearance herein. | 3292 |
Dated this ............. day of ..............., 20... | 3293 |
3294 | |||
Signature of the party filing the affidavit | 3295 |
Sec. 5122.13. Upon receipt of the affidavit required by | 3297 |
section 5122.11 of the Revised Code, the probate court shall refer | 3298 |
the affidavit to the board of alcohol, drug addiction, and mental | 3299 |
health services or an agency the board designates to assist the | 3300 |
court in determining whether the respondent is subject to | 3301 |
hospitalization and whether alternative services including | 3302 |
outpatient treatment are available, unless the agency or board has | 3303 |
already performed such screening. The board or agency shall review | 3304 |
the allegations of the affidavit and other information relating to | 3305 |
whether or not the person named in the affidavit or statement is a | 3306 |
mentally ill person subject to
| 3307 |
and the availability of appropriate treatment alternatives. | 3308 |
The person who conducts the investigation shall promptly make | 3309 |
a report to the court, in writing, in open court or in chambers, | 3310 |
as directed by the court and a full record of the report shall be | 3311 |
made by the court. The report is not admissible as evidence for | 3312 |
the purpose of establishing whether or not the respondent is a | 3313 |
mentally ill person subject to | 3314 |
shall be considered by the court in its determination of an | 3315 |
appropriate placement for any person after that person is found to | 3316 |
be a mentally ill person subject to | 3317 |
The court, prior to the hearing under section 5122.141 of the | 3318 |
Revised Code, shall release a copy of the investigative report to | 3319 |
the respondent's counsel. | 3320 |
Nothing in this section precludes a judge or referee from | 3321 |
issuing a temporary order of detention pursuant to section 5122.11 | 3322 |
of the Revised Code. | 3323 |
Sec. 5122.141. (A) A respondent who is involuntarily placed | 3324 |
in a hospital or other place as designated in section 5122.10 or | 3325 |
5122.17 of the Revised Code, or with respect to whom proceedings | 3326 |
have been instituted under section 5122.11 of the Revised Code, | 3327 |
shall be afforded a hearing to determine whether or not the | 3328 |
respondent is a mentally ill person subject to | 3329 |
court order. The hearing shall be conducted pursuant to section | 3330 |
5122.15 of the Revised Code. | 3331 |
(B) The hearing shall be conducted within five court days | 3332 |
from the day on which the respondent is detained or an affidavit | 3333 |
is filed, whichever occurs first, in a physical setting not likely | 3334 |
to have a harmful effect on the respondent, and may be conducted | 3335 |
in a hospital in or out of the county. On the motion of the | 3336 |
respondent, | 3337 |
officer, or on its own motion, and for good cause shown, the court | 3338 |
may order a continuance of the hearing. The continuance may be for | 3339 |
no more than ten days from the day on which the respondent is | 3340 |
detained or on which an affidavit is filed, whichever occurs | 3341 |
first. Failure to conduct the hearing within this time shall | 3342 |
effect an immediate discharge of the respondent. If the | 3343 |
proceedings are not reinstituted within thirty days, all records | 3344 |
of the proceedings shall be expunged. | 3345 |
(C) If the court does not find that the respondent is a | 3346 |
mentally ill person subject to | 3347 |
shall order | 3348 |
expunge all record of the proceedings during this period. | 3349 |
(D) If the court finds that the respondent is a mentally ill | 3350 |
person subject to | 3351 |
issue an interim order of detention ordering any health or police | 3352 |
officer or sheriff to take into custody and transport such person | 3353 |
to a hospital or other place designated in section 5122.17 of the | 3354 |
Revised Code, where the respondent may be observed and treated. | 3355 |
(E) A respondent or | 3356 |
obtaining the consent of the respondent, may waive the hearing | 3357 |
provided for in this section. In such case, unless the person has | 3358 |
been discharged, a mandatory full hearing shall be held by the | 3359 |
thirtieth day after the original involuntary detention of the | 3360 |
respondent. Failure to conduct the mandatory full hearing within | 3361 |
this time limit shall result in the immediate discharge of the | 3362 |
respondent. | 3363 |
(F) Where possible, the initial hearing shall be held before | 3364 |
the respondent is taken into custody. | 3365 |
Sec. 5122.15. (A) Full hearings shall be conducted in a | 3366 |
manner consistent with this chapter and with due process of law. | 3367 |
The hearings shall be conducted by a judge of the probate court or | 3368 |
a referee designated by a judge of the probate court and may be | 3369 |
conducted in or out of the county in which the respondent is held. | 3370 |
Any referee designated under this division shall be an attorney. | 3371 |
(1) With the consent of the respondent, the following shall | 3372 |
be made available to counsel for the respondent: | 3373 |
(a) All relevant documents, information, and evidence in the | 3374 |
custody or control of the state or prosecutor; | 3375 |
(b) All relevant documents, information, and evidence in the | 3376 |
custody or control of the hospital in which the respondent | 3377 |
currently is held, or in which the respondent has been held | 3378 |
pursuant to this chapter; | 3379 |
(c) All relevant documents, information, and evidence in the | 3380 |
custody or control of any hospital, facility, or person not | 3381 |
included in division (A)(1)(a) or (b) of this section. | 3382 |
(2) The respondent has the right to attend the hearing and to | 3383 |
be represented by counsel of the respondent's choice. The right to | 3384 |
attend the hearing may be waived only by the respondent or counsel | 3385 |
for the respondent after consultation with the respondent. | 3386 |
(3) If the respondent is not represented by counsel, is | 3387 |
absent from the hearing, and has not validly waived the right to | 3388 |
counsel, the court shall appoint counsel immediately to represent | 3389 |
the respondent at the hearing, reserving the right to tax costs of | 3390 |
appointed counsel to the respondent, unless it is shown that the | 3391 |
respondent is indigent. If the court appoints counsel, or if the | 3392 |
court determines that the evidence relevant to the respondent's | 3393 |
absence does not justify the absence, the court shall continue the | 3394 |
case. | 3395 |
(4) The respondent shall be informed that the respondent may | 3396 |
retain counsel and have independent expert evaluation. If the | 3397 |
respondent is unable to obtain an attorney, the respondent shall | 3398 |
be represented by court-appointed counsel. If the respondent is | 3399 |
indigent, court-appointed counsel and independent expert | 3400 |
evaluation shall be provided as an expense under section 5122.43 | 3401 |
of the Revised Code. | 3402 |
(5) The hearing shall be closed to the public, unless counsel | 3403 |
for the respondent, with the permission of the respondent, | 3404 |
requests that the hearing be open to the public. | 3405 |
(6) If the hearing is closed to the public, the court, for | 3406 |
good cause shown, may admit persons who have a legitimate interest | 3407 |
in the proceedings. If the respondent, the respondent's counsel, | 3408 |
the designee of the director or of the chief clinical officer | 3409 |
objects to the admission of any person, the court shall hear the | 3410 |
objection and any opposing argument and shall rule upon the | 3411 |
admission of the person to the hearing. | 3412 |
(7) The affiant under section 5122.11 of the Revised Code | 3413 |
shall be subject to subpoena by either party. | 3414 |
(8) The court shall examine the sufficiency of all documents | 3415 |
filed and shall inform the respondent, if present, and the | 3416 |
respondent's counsel of the nature and content of the documents | 3417 |
and the reason for which the respondent is being detained, or for | 3418 |
which the respondent's placement is being sought. | 3419 |
(9) The court shall receive only reliable, competent, and | 3420 |
material evidence. | 3421 |
(10) Unless proceedings are initiated pursuant to section | 3422 |
5120.17 or 5139.08 of the Revised Code or proceedings are | 3423 |
initiated regarding a resident of the service district of a board | 3424 |
of alcohol, drug addiction, and mental health services that elects | 3425 |
under division (C)(2) of section 5119.62 of the Revised Code not | 3426 |
to accept the amount allocated to it under that section, an | 3427 |
attorney that the board designates shall present the case | 3428 |
demonstrating that the respondent is a mentally ill person subject | 3429 |
to | 3430 |
evidence of the diagnosis, prognosis, record of treatment, if any, | 3431 |
and less restrictive treatment plans, if any. In proceedings | 3432 |
pursuant to section 5120.17 or 5139.08 of the Revised Code and in | 3433 |
proceedings in which the respondent is a resident of a service | 3434 |
district of a board that elects under division (C)(2) of section | 3435 |
5119.62 of the Revised Code not to accept the amount allocated to | 3436 |
it under that section, the attorney general shall designate an | 3437 |
attorney who shall present the case demonstrating that the | 3438 |
respondent is a mentally ill person subject to | 3439 |
court order. The attorney shall offer evidence of the diagnosis, | 3440 |
prognosis, record of treatment, if any, and less restrictive | 3441 |
treatment plans, if any. | 3442 |
(11) The respondent or the respondent's counsel has the right | 3443 |
to subpoena witnesses and documents and to examine and | 3444 |
cross-examine witnesses. | 3445 |
(12) The respondent has the right, but shall not be | 3446 |
compelled, to testify, and shall be so advised by the court. | 3447 |
(13) On motion of the respondent or the respondent's counsel | 3448 |
for good cause shown, or on the court's own motion, the court may | 3449 |
order a continuance of the hearing. | 3450 |
(14) If the respondent is represented by counsel and the | 3451 |
respondent's counsel requests a transcript and record, or if the | 3452 |
respondent is not represented by counsel, the court shall make and | 3453 |
maintain a full transcript and record of the proceeding. If the | 3454 |
respondent is indigent and the transcript and record is made, a | 3455 |
copy shall be provided to the respondent upon request and be | 3456 |
treated as an expense under section 5122.43 of the Revised Code. | 3457 |
(15) To the extent not inconsistent with this chapter, the | 3458 |
Rules of Civil Procedure are applicable. | 3459 |
(B) Unless, upon completion of the hearing the court finds by | 3460 |
clear and convincing evidence that the respondent is a mentally | 3461 |
ill person subject to | 3462 |
order the respondent's discharge immediately. | 3463 |
(C) If, upon completion of the hearing, the court finds by | 3464 |
clear and convincing evidence that the respondent is a mentally | 3465 |
ill person subject to | 3466 |
shall order the respondent for a period not to exceed ninety days | 3467 |
to any of the following: | 3468 |
(1) A hospital operated by the department of mental health if | 3469 |
the respondent is committed pursuant to section 5139.08 of the | 3470 |
Revised Code; | 3471 |
(2) A nonpublic hospital; | 3472 |
(3) The veterans' administration or other agency of the | 3473 |
United States government; | 3474 |
(4) A board of alcohol, drug addiction, and mental health | 3475 |
services or agency the board designates; | 3476 |
(5) Receive private psychiatric or psychological care and | 3477 |
treatment; | 3478 |
(6) Any other suitable facility or person consistent with the | 3479 |
diagnosis, prognosis, and treatment needs of the respondent. A | 3480 |
jail or other local correctional facility is not a suitable | 3481 |
facility. | 3482 |
(D) Any order made pursuant to division (C)(2), (3), (5), or | 3483 |
(6) of this section shall be conditioned upon the receipt by the | 3484 |
court of consent by the hospital, facility, agency, or person to | 3485 |
accept the respondent. | 3486 |
(E) In determining the place to which, or the person, board, | 3487 |
or agency with whom, the respondent is to be committed under | 3488 |
division (C) of this section, the court shall consider the | 3489 |
diagnosis, prognosis, preferences of the respondent and the | 3490 |
projected treatment plan for the respondent and shall order the | 3491 |
implementation of the least restrictive alternative available and | 3492 |
consistent with treatment goals. If the court determines that the | 3493 |
least restrictive alternative available that is consistent with | 3494 |
treatment goals is inpatient hospitalization, the court's order | 3495 |
shall so state. | 3496 |
(F) During | 3497 |
board of alcohol, drug addiction, and mental health services; | 3498 |
agency | 3499 |
individual. If the individual is receiving treatment in an | 3500 |
outpatient setting, or receives treatment in an outpatient setting | 3501 |
during a subsequent period of continued commitment under division | 3502 |
(H) of this section, the board, agency, or person to whom the | 3503 |
individual is committed shall determine the appropriate outpatient | 3504 |
treatment for the individual. If, at any time prior to the | 3505 |
expiration of the ninety-day period, it is determined by the | 3506 |
hospital, facility, board, agency, or person that the respondent's | 3507 |
treatment needs could be equally well met in an available and | 3508 |
appropriate less restrictive | 3509 |
following apply: | 3510 |
(1) The respondent shall be released from the care of the | 3511 |
hospital, board, agency, facility, or person immediately and shall | 3512 |
be referred to the court together with a report of the findings | 3513 |
and recommendations of the hospital, board, agency, facility, or | 3514 |
person; and | 3515 |
(2) The hospital, board, agency, facility, or person shall | 3516 |
notify the respondent's counsel or the attorney designated by a | 3517 |
board of alcohol, drug addiction, and mental health services or, | 3518 |
if the respondent was committed to a board or an agency designated | 3519 |
by the board, it shall place the respondent in the least | 3520 |
restrictive
| 3521 |
treatment goals and notify the court and the respondent's counsel | 3522 |
of the placement. | 3523 |
The court shall dismiss the case or order placement in the | 3524 |
least restrictive | 3525 |
(G)(1) Except as provided in divisions (G)(2) and (3) of this | 3526 |
section, any person who has been committed under this section, or | 3527 |
for whom proceedings for | 3528 |
commenced pursuant to section 5122.11 of the Revised Code, may | 3529 |
apply at any time for voluntary admission or commitment to the | 3530 |
hospital, facility, agency, | 3531 |
to which the person was committed. Upon admission as a voluntary | 3532 |
patient the chief clinical officer of the hospital, agency, or | 3533 |
other facility, or the person immediately shall notify the court, | 3534 |
the patient's counsel, and the attorney designated by the board, | 3535 |
if the attorney has entered the proceedings, in writing of that | 3536 |
fact, and, upon receipt of the notice, the court shall dismiss the | 3537 |
case. | 3538 |
(2) A person who is found incompetent to stand trial or not | 3539 |
guilty by reason of insanity and who is committed pursuant to | 3540 |
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 3541 |
Code shall not voluntarily commit the person pursuant to this | 3542 |
section until after the final termination of the commitment, as | 3543 |
described in division (J) of section 2945.401 of the Revised Code. | 3544 |
(H) If, at the end of the first ninety-day period or any | 3545 |
subsequent period of continued commitment, there has been no | 3546 |
disposition of the case, either by discharge or voluntary | 3547 |
admission or commitment, the hospital, facility, board, agency, or | 3548 |
person shall discharge the patient immediately, unless at least | 3549 |
ten days before the expiration of the period the attorney the | 3550 |
board designates or the prosecutor files with the court an | 3551 |
application for continued commitment. The application of the | 3552 |
attorney or the prosecutor shall include a written report | 3553 |
containing the diagnosis, prognosis, past treatment, a list of | 3554 |
alternative treatment settings and plans, and identification of | 3555 |
the treatment setting that is the least restrictive consistent | 3556 |
with treatment needs. The attorney the board designates or the | 3557 |
prosecutor shall file the written report at least three days prior | 3558 |
to the full hearing. A copy of the application and written report | 3559 |
shall be provided to the respondent's counsel immediately. | 3560 |
The court shall hold a full hearing on applications for | 3561 |
continued commitment at the expiration of the first ninety-day | 3562 |
period and at least every two years after the expiration of the | 3563 |
first ninety-day period. | 3564 |
Hearings following any application for continued commitment | 3565 |
are mandatory and may not be waived. | 3566 |
Upon request of a person who is involuntarily committed under | 3567 |
this section, or the person's counsel, that is made more than one | 3568 |
hundred eighty days after the person's last full hearing, | 3569 |
mandatory or requested, the court shall hold a full hearing on the | 3570 |
person's continued commitment. Upon the application of a person | 3571 |
involuntarily committed under this section, supported by an | 3572 |
affidavit of a psychiatrist or licensed clinical psychologist, | 3573 |
alleging that the person no longer is a mentally ill person | 3574 |
subject to | 3575 |
cause shown may hold a full hearing on the person's continued | 3576 |
commitment prior to the expiration of one hundred eighty days | 3577 |
after the person's last full hearing. Section 5122.12 of the | 3578 |
Revised Code applies to all hearings on continued commitment. | 3579 |
If the court, after a hearing for continued commitment finds | 3580 |
by clear and convincing evidence that the respondent is a mentally | 3581 |
ill person subject to | 3582 |
may order continued commitment at places or to persons specified | 3583 |
in division (C) of this section. | 3584 |
(I) Unless the admission is pursuant to section 5120.17 or | 3585 |
5139.08 of the Revised Code, the chief clinical officer of the | 3586 |
hospital or agency admitting a respondent pursuant to a judicial | 3587 |
proceeding, within ten working days of the admission, shall make a | 3588 |
report of the admission to the board of alcohol, drug addiction, | 3589 |
and mental health services serving the respondent's county of | 3590 |
residence. | 3591 |
(J) A referee appointed by the court may make all orders that | 3592 |
a judge may make under this section and sections 5122.11 and | 3593 |
5122.141 of the Revised Code, except an order of contempt of | 3594 |
court. The orders of a referee take effect immediately. Within | 3595 |
fourteen days of the making of an order by a referee, a party may | 3596 |
file written objections to the order with the court. The filed | 3597 |
objections shall be considered a motion, shall be specific, and | 3598 |
shall state their grounds with particularity. Within ten days of | 3599 |
the filing of the objections, a judge of the court shall hold a | 3600 |
hearing on the objections and may hear and consider any testimony | 3601 |
or other evidence relating to the respondent's mental condition. | 3602 |
At the conclusion of the hearing, the judge may ratify, rescind, | 3603 |
or modify the referee's order. | 3604 |
(K) An order of the court under division (C), (H), or (J) of | 3605 |
this section is a final order. | 3606 |
(L) Before a board, or an agency the board designates, may | 3607 |
place an unconsenting respondent in an inpatient setting from a | 3608 |
less restrictive placement, the board or agency shall do all of | 3609 |
the following: | 3610 |
(1) Determine that the respondent is in immediate need of | 3611 |
treatment in an inpatient setting because the respondent | 3612 |
represents a substantial risk of physical harm to the respondent | 3613 |
or others if allowed to remain in a less restrictive setting; | 3614 |
(2) On the day of placement in the inpatient setting or on | 3615 |
the next court day, file with the court a motion for transfer to | 3616 |
an inpatient setting or communicate to the court by telephone that | 3617 |
the required motion has been mailed; | 3618 |
(3) Ensure that every reasonable and appropriate effort is | 3619 |
made to take the respondent to the inpatient setting in the least | 3620 |
conspicuous manner possible; | 3621 |
(4) Immediately notify the board's designated attorney and | 3622 |
the respondent's attorney. | 3623 |
At the respondent's request, the court shall hold a hearing | 3624 |
on the motion and make a determination pursuant to division (E) of | 3625 |
this section within five days of the placement. | 3626 |
(M) Before a board, or an agency the board designates, may | 3627 |
move a respondent from one residential placement to another, the | 3628 |
board or agency shall consult with the respondent about the | 3629 |
placement. If the respondent objects to the placement, the | 3630 |
proposed placement and the need for it shall be reviewed by a | 3631 |
qualified mental health professional who otherwise is not involved | 3632 |
in the treatment of the respondent. | 3633 |
Sec. 5122.19. Every person transported to a hospital or | 3634 |
community mental health agency pursuant to sections 5122.11 to | 3635 |
5122.16 of the Revised Code, shall be examined by the staff of the | 3636 |
hospital or agency as soon as practicable after | 3637 |
hospital or agency. Such an examination shall be held within | 3638 |
twenty-four hours after the time of arrival, and if the chief | 3639 |
clinical officer fails after such an examination to certify that | 3640 |
in | 3641 |
mentally ill person subject to | 3642 |
person shall be immediately released. | 3643 |
Sec. 5122.21. (A) The chief clinical officer shall as | 3644 |
frequently as practicable, and at least once every thirty days, | 3645 |
examine or cause to be examined every patient, and, whenever the | 3646 |
chief clinical officer determines that the conditions justifying | 3647 |
involuntary hospitalization or commitment no longer obtain, shall | 3648 |
discharge the patient not under indictment or conviction for crime | 3649 |
and immediately make a report of the discharge to the department | 3650 |
of mental health. The chief clinical officer may discharge a | 3651 |
patient who is under an indictment, a sentence of imprisonment, a | 3652 |
community control sanction, or a post-release control sanction or | 3653 |
on parole ten days after written notice of intent to discharge the | 3654 |
patient has been given by personal service or certified mail, | 3655 |
return receipt requested, to the court having criminal | 3656 |
jurisdiction over the patient. Except when the patient was found | 3657 |
not guilty by reason of insanity and the defendant's commitment is | 3658 |
pursuant to section 2945.40 of the Revised Code, the chief | 3659 |
clinical officer has final authority to discharge a patient who is | 3660 |
under an indictment, a sentence of imprisonment, a community | 3661 |
control sanction, or a post-release control sanction or on parole. | 3662 |
(B) After a finding pursuant to section 5122.15 of the | 3663 |
Revised Code that a person is a mentally ill person subject to | 3664 |
3665 | |
hospital or agency to which the person is ordered or to which the | 3666 |
person is transferred under section 5122.20 of the Revised Code, | 3667 |
may grant a discharge without the consent or authorization of any | 3668 |
court. | 3669 |
Upon discharge from a hospital, the chief clinical officer | 3670 |
shall notify the court that caused the judicial hospitalization of | 3671 |
the discharge from the hospital. | 3672 |
Sec. 5122.27. The chief clinical officer of the hospital or | 3673 |
the chief clinical officer's designee shall assure that all | 3674 |
patients hospitalized or committed pursuant to this chapter shall: | 3675 |
(A) Receive, within twenty days of their admission sufficient | 3676 |
professional care to assure that an evaluation of current status, | 3677 |
differential diagnosis, probable prognosis, and description of the | 3678 |
current treatment plan is stated on the official chart; | 3679 |
(B) Have a written treatment plan consistent with the | 3680 |
evaluation, diagnosis, prognosis, and goals which shall be | 3681 |
provided, upon request of the patient or patient's counsel, to the | 3682 |
patient's counsel and to any private physician or licensed | 3683 |
clinical psychologist designated by the patient or the patient's | 3684 |
counsel or to the Ohio protection and advocacy system; | 3685 |
(C) Receive treatment consistent with the treatment plan. The | 3686 |
department of mental health shall set standards for treatment | 3687 |
provided to such patients, consistent wherever possible with | 3688 |
standards set by the joint commission on accreditation of | 3689 |
healthcare organizations. | 3690 |
(D) Receive periodic reevaluations of the treatment plan by | 3691 |
the professional staff at intervals not to exceed ninety days; | 3692 |
(E) Be provided with adequate medical treatment for physical | 3693 |
disease or injury; | 3694 |
(F) Receive humane care and treatment, including without | 3695 |
limitation, the following: | 3696 |
(1) The least restrictive environment consistent with the | 3697 |
treatment plan; | 3698 |
(2) The necessary facilities and personnel required by the | 3699 |
treatment plan; | 3700 |
(3) A humane psychological and physical environment; | 3701 |
(4) The right to obtain current information concerning the | 3702 |
patient's treatment program and expectations in terms that the | 3703 |
patient can reasonably understand; | 3704 |
(5) Participation in programs designed to afford the patient | 3705 |
substantial opportunity to acquire skills to facilitate return to | 3706 |
the community or to terminate an involuntary commitment; | 3707 |
(6) The right to be free from unnecessary or excessive | 3708 |
medication; | 3709 |
(7) Freedom from restraints or isolation unless it is stated | 3710 |
in a written order by the chief clinical officer or the chief | 3711 |
clinical officer's designee, or the patient's individual physician | 3712 |
or psychologist in a private or general hospital. | 3713 |
If the chief clinical officer of the hospital is unable to | 3714 |
provide the treatment required by divisions (C), (E), and (F) of | 3715 |
this section for any patient hospitalized pursuant to Chapter | 3716 |
5122. of the Revised Code, the chief clinical officer shall | 3717 |
immediately notify the patient, the court, the Ohio protection and | 3718 |
advocacy system, the director of mental health, and the patient's | 3719 |
counsel and legal guardian, if known. If within ten days after | 3720 |
receipt of such notification by the director, the director is | 3721 |
unable to effect a transfer of the patient, pursuant to section | 3722 |
5122.20 of the Revised Code, to a hospital, community mental | 3723 |
health agency, or other medical facility where treatment is | 3724 |
available, or has not received an order of the court to the | 3725 |
contrary, the involuntary commitment of any patient hospitalized | 3726 |
pursuant to Chapter 5122. of the Revised Code and defined as a | 3727 |
mentally ill person subject to | 3728 |
under division (B)(4) of section 5122.01 of the Revised Code shall | 3729 |
automatically be terminated. | 3730 |
Sec. 5122.30. Any person detained pursuant to this chapter | 3731 |
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 3732 |
Code shall be entitled to the writ of habeas corpus upon proper | 3733 |
petition by self or by a friend to any court generally empowered | 3734 |
to issue the writ of habeas corpus in the county in which the | 3735 |
person is detained. | 3736 |
No person may bring a petition for a writ of habeas corpus | 3737 |
that alleges that a person involuntarily detained pursuant to this | 3738 |
chapter no longer is a mentally ill person subject to | 3739 |
3740 | |
release procedures of division (H) of section 5122.15 of the | 3741 |
Revised Code are inadequate or unavailable. | 3742 |
Sec. 5122.31. (A) All certificates, applications, records, | 3743 |
and reports made for the purpose of this chapter and sections | 3744 |
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 3745 |
Code, other than court journal entries or court docket entries, | 3746 |
and directly or indirectly identifying a patient or former patient | 3747 |
or person whose hospitalization or commitment has been sought | 3748 |
under this chapter, shall be kept confidential and shall not be | 3749 |
disclosed by any person except: | 3750 |
(1) If the person identified, or the person's legal guardian, | 3751 |
if any, or if the person is a minor, the person's parent or legal | 3752 |
guardian, consents, and if the disclosure is in the best interests | 3753 |
of the person, as may be determined by the court for judicial | 3754 |
records and by the chief clinical officer for medical records; | 3755 |
(2) When disclosure is provided for in this chapter or | 3756 |
section 5123.601 of the Revised Code; | 3757 |
(3) That hospitals, boards of alcohol, drug addiction, and | 3758 |
mental health services, and community mental health agencies may | 3759 |
release necessary medical information to insurers and other | 3760 |
third-party payers, including government entities responsible for | 3761 |
processing and authorizing payment, to obtain payment for goods | 3762 |
and services furnished to the patient; | 3763 |
(4) Pursuant to a court order signed by a judge; | 3764 |
(5) That a patient shall be granted access to the patient's | 3765 |
own psychiatric and medical records, unless access specifically is | 3766 |
restricted in a patient's treatment plan for clear treatment | 3767 |
reasons; | 3768 |
(6) That hospitals and other institutions and facilities | 3769 |
within the department of mental health may exchange psychiatric | 3770 |
records and other pertinent information with other hospitals, | 3771 |
institutions, and facilities of the department, and with community | 3772 |
mental health agencies and boards of alcohol, drug addiction, and | 3773 |
mental health services with which the department has a current | 3774 |
agreement for patient care or services. Records and information | 3775 |
that may be released pursuant to this division shall be limited to | 3776 |
medication history, physical health status and history, financial | 3777 |
status, summary of course of treatment in the hospital, summary of | 3778 |
treatment needs, and a discharge summary, if any. | 3779 |
(7) That hospitals within the department, other institutions | 3780 |
and facilities within the department, hospitals licensed by the | 3781 |
department under section 5119.20 of the Revised Code, and | 3782 |
community mental health agencies may exchange psychiatric records | 3783 |
and other pertinent information with payers and other providers of | 3784 |
treatment and health services if the purpose of the exchange is to | 3785 |
facilitate continuity of care for a patient; | 3786 |
(8) That a patient's family member who is involved in the | 3787 |
provision, planning, and monitoring of services to the patient may | 3788 |
receive medication information, a summary of the patient's | 3789 |
diagnosis and prognosis, and a list of the services and personnel | 3790 |
available to assist the patient and the patient's family, if the | 3791 |
patient's treating physician determines that the disclosure would | 3792 |
be in the best interests of the patient. No such disclosure shall | 3793 |
be made unless the patient is notified first and receives the | 3794 |
information and does not object to the disclosure. | 3795 |
(9) That community mental health agencies may exchange | 3796 |
psychiatric records and certain other information with the board | 3797 |
of alcohol, drug addiction, and mental health services and other | 3798 |
agencies in order to provide services to a person involuntarily | 3799 |
committed to a board. Release of records under this division shall | 3800 |
be limited to medication history, physical health status and | 3801 |
history, financial status, summary of course of treatment, summary | 3802 |
of treatment needs, and discharge summary, if any. | 3803 |
(10) That information may be disclosed to the executor or the | 3804 |
administrator of an estate of a deceased patient when the | 3805 |
information is necessary to administer the estate; | 3806 |
(11) That records in the possession of the Ohio historical | 3807 |
society may be released to the closest living relative of a | 3808 |
deceased patient upon request of that relative; | 3809 |
(12) That information may be disclosed to staff members of | 3810 |
the appropriate board or to staff members designated by the | 3811 |
director of mental health for the purpose of evaluating the | 3812 |
quality, effectiveness, and efficiency of services and determining | 3813 |
if the services meet minimum standards. Information obtained | 3814 |
during such evaluations shall not be retained with the name of any | 3815 |
patient. | 3816 |
(13) That records pertaining to the patient's diagnosis, | 3817 |
course of treatment, treatment needs, and prognosis shall be | 3818 |
disclosed and released to the appropriate prosecuting attorney if | 3819 |
the patient was committed pursuant to section 2945.38, 2945.39, | 3820 |
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 3821 |
attorney designated by the board for proceedings pursuant to | 3822 |
involuntary commitment under this chapter. | 3823 |
(14) That the department of mental health may exchange | 3824 |
psychiatric hospitalization records, other mental health treatment | 3825 |
records, and other pertinent information with the department of | 3826 |
rehabilitation and correction to ensure continuity of care for | 3827 |
inmates who are receiving mental health services in an institution | 3828 |
of the department of rehabilitation and correction. The department | 3829 |
shall not disclose those records unless the inmate is notified, | 3830 |
receives the information, and does not object to the disclosure. | 3831 |
The release of records under this division is limited to records | 3832 |
regarding an inmate's medication history, physical health status | 3833 |
and history, summary of course of treatment, summary of treatment | 3834 |
needs, and a discharge summary, if any. | 3835 |
(15) That a community mental health agency that ceases to | 3836 |
operate may transfer to either a community mental health agency | 3837 |
that assumes its caseload or to the board of alcohol, drug | 3838 |
addiction, and mental health services of the service district in | 3839 |
which the patient resided at the time services were most recently | 3840 |
provided any treatment records that have not been transferred | 3841 |
elsewhere at the patient's request. | 3842 |
(B) Before records are disclosed pursuant to divisions | 3843 |
(A)(3), (6), and (9) of this section, the custodian of the records | 3844 |
shall attempt to obtain the patient's consent for the disclosure. | 3845 |
No person shall reveal the contents of a medical record of a | 3846 |
patient except as authorized by law. | 3847 |
(C) The managing officer of a hospital who releases necessary | 3848 |
medical information under division (A)(3) of this section to allow | 3849 |
an insurance carrier or other third party payor to comply with | 3850 |
section 5121.43 of the Revised Code shall neither be subject to | 3851 |
criminal nor civil liability. | 3852 |
Sec. 5122.311. (A) Notwithstanding any provision of the | 3853 |
Revised Code to the contrary, if, on or after | 3854 |
3855 | |
to be a mentally ill person subject to | 3856 |
order or becomes an involuntary patient other than one who is a | 3857 |
patient only for purposes of observation, the probate judge who | 3858 |
made the adjudication or the chief clinical officer of the | 3859 |
hospital, agency, or facility in which the person is an | 3860 |
involuntary patient shall notify the bureau of criminal | 3861 |
identification and investigation, on the form described in | 3862 |
division (C) of this section, of the identity of the individual. | 3863 |
The notification shall be transmitted by the judge or the chief | 3864 |
clinical officer not later than seven days after the adjudication | 3865 |
or commitment. | 3866 |
(B) The bureau of criminal identification and investigation | 3867 |
shall compile and maintain the notices it receives under division | 3868 |
(A) of this section and shall use them for the purpose of | 3869 |
conducting incompetency records checks pursuant to section 311.41 | 3870 |
of the Revised Code. The notices and the information they contain | 3871 |
are confidential, except as provided in this division, and are not | 3872 |
public records. | 3873 |
(C) The attorney general, by rule adopted under Chapter 119. | 3874 |
of the Revised Code, shall prescribe and make available to all | 3875 |
probate judges and all chief clinical officers a form to be used | 3876 |
by them for the purpose of making the notifications required by | 3877 |
division (A) of this section. | 3878 |
Sec. 5139.54. (A) Notwithstanding any other provision for | 3879 |
determining when a child shall be released or discharged from the | 3880 |
legal custody of the department of youth services, including | 3881 |
jurisdictional provisions in section 2152.22 of the Revised Code, | 3882 |
the release authority, for medical reasons, may release a child | 3883 |
upon supervised release or discharge the child from the custody of | 3884 |
the department when any of the following applies: | 3885 |
(1) The child is terminally ill or otherwise in imminent | 3886 |
danger of death. | 3887 |
(2) The child is incapacitated due to injury, disease, | 3888 |
illness, or other medical condition and is no longer a threat to | 3889 |
public safety. | 3890 |
(3) The child appears to be a mentally ill person subject to | 3891 |
3892 | |
the Revised Code, or a mentally retarded person subject to | 3893 |
institutionalization by court order, as defined in section 5123.01 | 3894 |
of the Revised Code. | 3895 |
(B) When considering whether to release or discharge a child | 3896 |
under this section for medical reasons, the release authority may | 3897 |
request additional medical information about the child or may ask | 3898 |
the department to conduct additional medical examinations. | 3899 |
(C) The release authority shall determine the appropriate | 3900 |
level of supervised release for a child released under this | 3901 |
section. The terms and conditions of the release may require | 3902 |
periodic medical reevaluations as appropriate. Upon granting a | 3903 |
release or discharge under this section, the release authority | 3904 |
shall give notice of the release and its terms and conditions or | 3905 |
of the discharge to the court that committed the child to the | 3906 |
custody of the department. | 3907 |
(D) The release authority shall submit annually to the | 3908 |
director of youth services a report that includes all of the | 3909 |
following information for the previous calendar year: | 3910 |
(1) The number of children the release authority considered | 3911 |
for medical release or discharge; | 3912 |
(2) The nature of the injury, disease, illness, or other | 3913 |
medical condition of each child considered for medical release or | 3914 |
discharge; | 3915 |
(3) The decision made by the release authority for each | 3916 |
child, including the reasons for denying medical release or | 3917 |
discharge or for granting it; | 3918 |
(4) The number of children on medical release who were | 3919 |
returned to a secure facility or whose supervised release was | 3920 |
revoked. | 3921 |
Sec. 5305.22. (A) Any real estate or interest in real estate | 3922 |
coming to a person by purchase, inheritance, or otherwise, after | 3923 |
the spouse of the person is adjudged a mentally ill person subject | 3924 |
to | 3925 |
hospital for persons with mental illness in this or any other | 3926 |
state of the United States or the psychiatric department of any | 3927 |
hospital of the United States, may be conveyed by the person while | 3928 |
the person's spouse who is a mentally ill person subject to | 3929 |
3930 | |
free and clear from any dower right or expectancy of the person's | 3931 |
spouse who is a mentally ill person subject to
| 3932 |
court order. Dower shall not attach to any real estate so acquired | 3933 |
and conveyed during the time described in this section in favor of | 3934 |
such spouse who is a mentally ill person subject to | 3935 |
3936 | |
instrument of conveyance, by the superintendent of the hospital to | 3937 |
which the spouse was admitted, that the spouse of the person | 3938 |
conveying the real estate is a mentally ill person subject to | 3939 |
3940 | |
hospital, stating when received in that hospital and signed | 3941 |
officially by the superintendent, shall be sufficient evidence of | 3942 |
the fact that the spouse of the person conveying the real estate | 3943 |
is a mentally ill person subject to | 3944 |
order. This indorsement shall be a part of the instrument of | 3945 |
conveyance. | 3946 |
(B) As used in this section, "mentally ill person subject to | 3947 |
3948 | |
5122.01 of the Revised Code. | 3949 |
Sec. 5907.06. (A) A mentally ill person subject to | 3950 |
3951 | |
person to be dangerous to the community shall not be admitted to a | 3952 |
veterans' home. If a mentally ill person subject to | 3953 |
3954 | |
the person's condition, is sent to a home, the person shall be | 3955 |
returned to, and the expense of the return shall be borne by, the | 3956 |
county from which the person came. | 3957 |
(B) As used in this section, "mentally ill person subject to | 3958 |
3959 | |
5122.01 of the Revised Code. | 3960 |
Sec. 5907.09. (A) When the affidavit referred to in section | 3961 |
5907.08 of the Revised Code is filed, the probate judge shall | 3962 |
forthwith determine whether the resident is a mentally ill person | 3963 |
subject to | 3964 |
the laws governing in cases of admission to a state hospital for | 3965 |
persons with mental illness shall apply. The probate judge shall | 3966 |
have the same authority, and may receive and order paid the same | 3967 |
fees and costs, as the probate judge would have in the county in | 3968 |
which the veteran was a resident at the time of entering the | 3969 |
veterans' home. | 3970 |
(B) As used in this section, "mentally ill person subject to | 3971 |
3972 | |
5122.01 of the Revised Code. | 3973 |
Section 2. That existing sections 2151.011, 2151.23, | 3974 |
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40, | 3975 |
2945.401, 2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05, | 3976 |
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21, | 3977 |
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06, | 3978 |
and 5907.09 of the Revised Code are hereby repealed. | 3979 |
Section 3. That the version of section 2151.011 of the | 3980 |
Revised Code that is scheduled to take effect on January 1, 2014, | 3981 |
be amended to read as follows: | 3982 |
Sec. 2151.011. (A) As used in the Revised Code: | 3983 |
(1) "Juvenile court" means whichever of the following is | 3984 |
applicable that has jurisdiction under this chapter and Chapter | 3985 |
2152. of the Revised Code: | 3986 |
(a) The division of the court of common pleas specified in | 3987 |
section 2101.022 or 2301.03 of the Revised Code as having | 3988 |
jurisdiction under this chapter and Chapter 2152. of the Revised | 3989 |
Code or as being the juvenile division or the juvenile division | 3990 |
combined with one or more other divisions; | 3991 |
(b) The juvenile court of Cuyahoga county or Hamilton county | 3992 |
that is separately and independently created by section 2151.08 or | 3993 |
Chapter 2153. of the Revised Code and that has jurisdiction under | 3994 |
this chapter and Chapter 2152. of the Revised Code; | 3995 |
(c) If division (A)(1)(a) or (b) of this section does not | 3996 |
apply, the probate division of the court of common pleas. | 3997 |
(2) "Juvenile judge" means a judge of a court having | 3998 |
jurisdiction under this chapter. | 3999 |
(3) "Private child placing agency" means any association, as | 4000 |
defined in section 5103.02 of the Revised Code, that is certified | 4001 |
under section 5103.03 of the Revised Code to accept temporary, | 4002 |
permanent, or legal custody of children and place the children for | 4003 |
either foster care or adoption. | 4004 |
(4) "Private noncustodial agency" means any person, | 4005 |
organization, association, or society certified by the department | 4006 |
of job and family services that does not accept temporary or | 4007 |
permanent legal custody of children, that is privately operated in | 4008 |
this state, and that does one or more of the following: | 4009 |
(a) Receives and cares for children for two or more | 4010 |
consecutive weeks; | 4011 |
(b) Participates in the placement of children in certified | 4012 |
foster homes; | 4013 |
(c) Provides adoption services in conjunction with a public | 4014 |
children services agency or private child placing agency. | 4015 |
(B) As used in this chapter: | 4016 |
(1) "Adequate parental care" means the provision by a child's | 4017 |
parent or parents, guardian, or custodian of adequate food, | 4018 |
clothing, and shelter to ensure the child's health and physical | 4019 |
safety and the provision by a child's parent or parents of | 4020 |
specialized services warranted by the child's physical or mental | 4021 |
needs. | 4022 |
(2) "Adult" means an individual who is eighteen years of age | 4023 |
or older. | 4024 |
(3) "Agreement for temporary custody" means a voluntary | 4025 |
agreement authorized by section 5103.15 of the Revised Code that | 4026 |
transfers the temporary custody of a child to a public children | 4027 |
services agency or a private child placing agency. | 4028 |
(4) "Alternative response" means the public children services | 4029 |
agency's response to a report of child abuse or neglect that | 4030 |
engages the family in a comprehensive evaluation of child safety, | 4031 |
risk of subsequent harm, and family strengths and needs and that | 4032 |
does not include a determination as to whether child abuse or | 4033 |
neglect occurred. | 4034 |
(5) "Certified foster home" means a foster home, as defined | 4035 |
in section 5103.02 of the Revised Code, certified under section | 4036 |
5103.03 of the Revised Code. | 4037 |
(6) "Child" means a person who is under eighteen years of | 4038 |
age, except that the juvenile court has jurisdiction over any | 4039 |
person who is adjudicated an unruly child prior to attaining | 4040 |
eighteen years of age until the person attains twenty-one years of | 4041 |
age, and, for purposes of that jurisdiction related to that | 4042 |
adjudication, a person who is so adjudicated an unruly child shall | 4043 |
be deemed a "child" until the person attains twenty-one years of | 4044 |
age. | 4045 |
(7) "Child day camp," "child care," "child day-care center," | 4046 |
"part-time child day-care center," "type A family day-care home," | 4047 |
"certified type B family day-care home," "type B home," | 4048 |
"administrator of a child day-care center," "administrator of a | 4049 |
type A family day-care home," "in-home aide," and "authorized | 4050 |
provider" have the same meanings as in section 5104.01 of the | 4051 |
Revised Code. | 4052 |
(8) "Child care provider" means an individual who is a | 4053 |
child-care staff member or administrator of a child day-care | 4054 |
center, a type A family day-care home, or a type B family day-care | 4055 |
home, or an in-home aide or an individual who is licensed, is | 4056 |
regulated, is approved, operates under the direction of, or | 4057 |
otherwise is certified by the department of job and family | 4058 |
services, department of developmental disabilities, or the early | 4059 |
childhood programs of the department of education. | 4060 |
(9) "Chronic truant" has the same meaning as in section | 4061 |
2152.02 of the Revised Code. | 4062 |
(10) "Commit" means to vest custody as ordered by the court. | 4063 |
(11) "Counseling" includes both of the following: | 4064 |
(a) General counseling services performed by a public | 4065 |
children services agency or shelter for victims of domestic | 4066 |
violence to assist a child, a child's parents, and a child's | 4067 |
siblings in alleviating identified problems that may cause or have | 4068 |
caused the child to be an abused, neglected, or dependent child. | 4069 |
(b) Psychiatric or psychological therapeutic counseling | 4070 |
services provided to correct or alleviate any mental or emotional | 4071 |
illness or disorder and performed by a licensed psychiatrist, | 4072 |
licensed psychologist, or a person licensed under Chapter 4757. of | 4073 |
the Revised Code to engage in social work or professional | 4074 |
counseling. | 4075 |
(12) "Custodian" means a person who has legal custody of a | 4076 |
child or a public children services agency or private child | 4077 |
placing agency that has permanent, temporary, or legal custody of | 4078 |
a child. | 4079 |
(13) "Delinquent child" has the same meaning as in section | 4080 |
2152.02 of the Revised Code. | 4081 |
(14) "Detention" means the temporary care of children pending | 4082 |
court adjudication or disposition, or execution of a court order, | 4083 |
in a public or private facility designed to physically restrict | 4084 |
the movement and activities of children. | 4085 |
(15) "Developmental disability" has the same meaning as in | 4086 |
section 5123.01 of the Revised Code. | 4087 |
(16) "Differential response approach" means an approach that | 4088 |
a public children services agency may use to respond to accepted | 4089 |
reports of child abuse or neglect with either an alternative | 4090 |
response or a traditional response. | 4091 |
(17) "Foster caregiver" has the same meaning as in section | 4092 |
5103.02 of the Revised Code. | 4093 |
(18) "Guardian" means a person, association, or corporation | 4094 |
that is granted authority by a probate court pursuant to Chapter | 4095 |
2111. of the Revised Code to exercise parental rights over a child | 4096 |
to the extent provided in the court's order and subject to the | 4097 |
residual parental rights of the child's parents. | 4098 |
(19) "Habitual truant" means any child of compulsory school | 4099 |
age who is absent without legitimate excuse for absence from the | 4100 |
public school the child is supposed to attend for five or more | 4101 |
consecutive school days, seven or more school days in one school | 4102 |
month, or twelve or more school days in a school year. | 4103 |
(20) "Juvenile traffic offender" has the same meaning as in | 4104 |
section 2152.02 of the Revised Code. | 4105 |
(21) "Legal custody" means a legal status that vests in the | 4106 |
custodian the right to have physical care and control of the child | 4107 |
and to determine where and with whom the child shall live, and the | 4108 |
right and duty to protect, train, and discipline the child and to | 4109 |
provide the child with food, shelter, education, and medical care, | 4110 |
all subject to any residual parental rights, privileges, and | 4111 |
responsibilities. An individual granted legal custody shall | 4112 |
exercise the rights and responsibilities personally unless | 4113 |
otherwise authorized by any section of the Revised Code or by the | 4114 |
court. | 4115 |
(22) A "legitimate excuse for absence from the public school | 4116 |
the child is supposed to attend" includes, but is not limited to, | 4117 |
any of the following: | 4118 |
(a) The fact that the child in question has enrolled in and | 4119 |
is attending another public or nonpublic school in this or another | 4120 |
state; | 4121 |
(b) The fact that the child in question is excused from | 4122 |
attendance at school for any of the reasons specified in section | 4123 |
3321.04 of the Revised Code; | 4124 |
(c) The fact that the child in question has received an age | 4125 |
and schooling certificate in accordance with section 3331.01 of | 4126 |
the Revised Code. | 4127 |
(23) "Mental illness" and "mentally ill person subject to | 4128 |
4129 | |
section 5122.01 of the Revised Code. | 4130 |
(24) "Mental injury" means any behavioral, cognitive, | 4131 |
emotional, or mental disorder in a child caused by an act or | 4132 |
omission that is described in section 2919.22 of the Revised Code | 4133 |
and is committed by the parent or other person responsible for the | 4134 |
child's care. | 4135 |
(25) "Mentally retarded person" has the same meaning as in | 4136 |
section 5123.01 of the Revised Code. | 4137 |
(26) "Nonsecure care, supervision, or training" means care, | 4138 |
supervision, or training of a child in a facility that does not | 4139 |
confine or prevent movement of the child within the facility or | 4140 |
from the facility. | 4141 |
(27) "Of compulsory school age" has the same meaning as in | 4142 |
section 3321.01 of the Revised Code. | 4143 |
(28) "Organization" means any institution, public, | 4144 |
semipublic, or private, and any private association, society, or | 4145 |
agency located or operating in the state, incorporated or | 4146 |
unincorporated, having among its functions the furnishing of | 4147 |
protective services or care for children, or the placement of | 4148 |
children in certified foster homes or elsewhere. | 4149 |
(29) "Out-of-home care" means detention facilities, shelter | 4150 |
facilities, certified children's crisis care facilities, certified | 4151 |
foster homes, placement in a prospective adoptive home prior to | 4152 |
the issuance of a final decree of adoption, organizations, | 4153 |
certified organizations, child day-care centers, type A family | 4154 |
day-care homes, child care provided by type B family day-care home | 4155 |
providers and by in-home aides, group home providers, group homes, | 4156 |
institutions, state institutions, residential facilities, | 4157 |
residential care facilities, residential camps, day camps, public | 4158 |
schools, chartered nonpublic schools, educational service centers, | 4159 |
hospitals, and medical clinics that are responsible for the care, | 4160 |
physical custody, or control of children. | 4161 |
(30) "Out-of-home care child abuse" means any of the | 4162 |
following when committed by a person responsible for the care of a | 4163 |
child in out-of-home care: | 4164 |
(a) Engaging in sexual activity with a child in the person's | 4165 |
care; | 4166 |
(b) Denial to a child, as a means of punishment, of proper or | 4167 |
necessary subsistence, education, medical care, or other care | 4168 |
necessary for a child's health; | 4169 |
(c) Use of restraint procedures on a child that cause injury | 4170 |
or pain; | 4171 |
(d) Administration of prescription drugs or psychotropic | 4172 |
medication to the child without the written approval and ongoing | 4173 |
supervision of a licensed physician; | 4174 |
(e) Commission of any act, other than by accidental means, | 4175 |
that results in any injury to or death of the child in out-of-home | 4176 |
care or commission of any act by accidental means that results in | 4177 |
an injury to or death of a child in out-of-home care and that is | 4178 |
at variance with the history given of the injury or death. | 4179 |
(31) "Out-of-home care child neglect" means any of the | 4180 |
following when committed by a person responsible for the care of a | 4181 |
child in out-of-home care: | 4182 |
(a) Failure to provide reasonable supervision according to | 4183 |
the standards of care appropriate to the age, mental and physical | 4184 |
condition, or other special needs of the child; | 4185 |
(b) Failure to provide reasonable supervision according to | 4186 |
the standards of care appropriate to the age, mental and physical | 4187 |
condition, or other special needs of the child, that results in | 4188 |
sexual or physical abuse of the child by any person; | 4189 |
(c) Failure to develop a process for all of the following: | 4190 |
(i) Administration of prescription drugs or psychotropic | 4191 |
drugs for the child; | 4192 |
(ii) Assuring that the instructions of the licensed physician | 4193 |
who prescribed a drug for the child are followed; | 4194 |
(iii) Reporting to the licensed physician who prescribed the | 4195 |
drug all unfavorable or dangerous side effects from the use of the | 4196 |
drug. | 4197 |
(d) Failure to provide proper or necessary subsistence, | 4198 |
education, medical care, or other individualized care necessary | 4199 |
for the health or well-being of the child; | 4200 |
(e) Confinement of the child to a locked room without | 4201 |
monitoring by staff; | 4202 |
(f) Failure to provide ongoing security for all prescription | 4203 |
and nonprescription medication; | 4204 |
(g) Isolation of a child for a period of time when there is | 4205 |
substantial risk that the isolation, if continued, will impair or | 4206 |
retard the mental health or physical well-being of the child. | 4207 |
(32) "Permanent custody" means a legal status that vests in a | 4208 |
public children services agency or a private child placing agency, | 4209 |
all parental rights, duties, and obligations, including the right | 4210 |
to consent to adoption, and divests the natural parents or | 4211 |
adoptive parents of all parental rights, privileges, and | 4212 |
obligations, including all residual rights and obligations. | 4213 |
(33) "Permanent surrender" means the act of the parents or, | 4214 |
if a child has only one parent, of the parent of a child, by a | 4215 |
voluntary agreement authorized by section 5103.15 of the Revised | 4216 |
Code, to transfer the permanent custody of the child to a public | 4217 |
children services agency or a private child placing agency. | 4218 |
(34) "Person" means an individual, association, corporation, | 4219 |
or partnership and the state or any of its political subdivisions, | 4220 |
departments, or agencies. | 4221 |
(35) "Person responsible for a child's care in out-of-home | 4222 |
care" means any of the following: | 4223 |
(a) Any foster caregiver, in-home aide, or provider; | 4224 |
(b) Any administrator, employee, or agent of any of the | 4225 |
following: a public or private detention facility; shelter | 4226 |
facility; certified children's crisis care facility; organization; | 4227 |
certified organization; child day-care center; type A family | 4228 |
day-care home; certified type B family day-care home; group home; | 4229 |
institution; state institution; residential facility; residential | 4230 |
care facility; residential camp; day camp; school district; | 4231 |
community school; chartered nonpublic school; educational service | 4232 |
center; hospital; or medical clinic; | 4233 |
(c) Any person who supervises or coaches children as part of | 4234 |
an extracurricular activity sponsored by a school district, public | 4235 |
school, or chartered nonpublic school; | 4236 |
(d) Any other person who performs a similar function with | 4237 |
respect to, or has a similar relationship to, children. | 4238 |
(36) "Physically impaired" means having one or more of the | 4239 |
following conditions that substantially limit one or more of an | 4240 |
individual's major life activities, including self-care, receptive | 4241 |
and expressive language, learning, mobility, and self-direction: | 4242 |
(a) A substantial impairment of vision, speech, or hearing; | 4243 |
(b) A congenital orthopedic impairment; | 4244 |
(c) An orthopedic impairment caused by disease, rheumatic | 4245 |
fever or any other similar chronic or acute health problem, or | 4246 |
amputation or another similar cause. | 4247 |
(37) "Placement for adoption" means the arrangement by a | 4248 |
public children services agency or a private child placing agency | 4249 |
with a person for the care and adoption by that person of a child | 4250 |
of whom the agency has permanent custody. | 4251 |
(38) "Placement in foster care" means the arrangement by a | 4252 |
public children services agency or a private child placing agency | 4253 |
for the out-of-home care of a child of whom the agency has | 4254 |
temporary custody or permanent custody. | 4255 |
(39) "Planned permanent living arrangement" means an order of | 4256 |
a juvenile court pursuant to which both of the following apply: | 4257 |
(a) The court gives legal custody of a child to a public | 4258 |
children services agency or a private child placing agency without | 4259 |
the termination of parental rights. | 4260 |
(b) The order permits the agency to make an appropriate | 4261 |
placement of the child and to enter into a written agreement with | 4262 |
a foster care provider or with another person or agency with whom | 4263 |
the child is placed. | 4264 |
(40) "Practice of social work" and "practice of professional | 4265 |
counseling" have the same meanings as in section 4757.01 of the | 4266 |
Revised Code. | 4267 |
(41) "Sanction, service, or condition" means a sanction, | 4268 |
service, or condition created by court order following an | 4269 |
adjudication that a child is an unruly child that is described in | 4270 |
division (A)(4) of section 2152.19 of the Revised Code. | 4271 |
(42) "Protective supervision" means an order of disposition | 4272 |
pursuant to which the court permits an abused, neglected, | 4273 |
dependent, or unruly child to remain in the custody of the child's | 4274 |
parents, guardian, or custodian and stay in the child's home, | 4275 |
subject to any conditions and limitations upon the child, the | 4276 |
child's parents, guardian, or custodian, or any other person that | 4277 |
the court prescribes, including supervision as directed by the | 4278 |
court for the protection of the child. | 4279 |
(43) "Psychiatrist" has the same meaning as in section | 4280 |
5122.01 of the Revised Code. | 4281 |
(44) "Psychologist" has the same meaning as in section | 4282 |
4732.01 of the Revised Code. | 4283 |
(45) "Residential camp" means a program in which the care, | 4284 |
physical custody, or control of children is accepted overnight for | 4285 |
recreational or recreational and educational purposes. | 4286 |
(46) "Residential care facility" means an institution, | 4287 |
residence, or facility that is licensed by the department of | 4288 |
mental health under section 5119.22 of the Revised Code and that | 4289 |
provides care for a child. | 4290 |
(47) "Residential facility" means a home or facility that is | 4291 |
licensed by the department of developmental disabilities under | 4292 |
section 5123.19 of the Revised Code and in which a child with a | 4293 |
developmental disability resides. | 4294 |
(48) "Residual parental rights, privileges, and | 4295 |
responsibilities" means those rights, privileges, and | 4296 |
responsibilities remaining with the natural parent after the | 4297 |
transfer of legal custody of the child, including, but not | 4298 |
necessarily limited to, the privilege of reasonable visitation, | 4299 |
consent to adoption, the privilege to determine the child's | 4300 |
religious affiliation, and the responsibility for support. | 4301 |
(49) "School day" means the school day established by the | 4302 |
state board of education pursuant to section 3313.48 of the | 4303 |
Revised Code. | 4304 |
(50) "School month" and "school year" have the same meanings | 4305 |
as in section 3313.62 of the Revised Code. | 4306 |
(51) "Secure correctional facility" means a facility under | 4307 |
the direction of the department of youth services that is designed | 4308 |
to physically restrict the movement and activities of children and | 4309 |
used for the placement of children after adjudication and | 4310 |
disposition. | 4311 |
(52) "Sexual activity" has the same meaning as in section | 4312 |
2907.01 of the Revised Code. | 4313 |
(53) "Shelter" means the temporary care of children in | 4314 |
physically unrestricted facilities pending court adjudication or | 4315 |
disposition. | 4316 |
(54) "Shelter for victims of domestic violence" has the same | 4317 |
meaning as in section 3113.33 of the Revised Code. | 4318 |
(55) "Temporary custody" means legal custody of a child who | 4319 |
is removed from the child's home, which custody may be terminated | 4320 |
at any time at the discretion of the court or, if the legal | 4321 |
custody is granted in an agreement for temporary custody, by the | 4322 |
person who executed the agreement. | 4323 |
(56) "Traditional response" means a public children services | 4324 |
agency's response to a report of child abuse or neglect that | 4325 |
encourages engagement of the family in a comprehensive evaluation | 4326 |
of the child's current and future safety needs and a fact-finding | 4327 |
process to determine whether child abuse or neglect occurred and | 4328 |
the circumstances surrounding the alleged harm or risk of harm. | 4329 |
(C) For the purposes of this chapter, a child shall be | 4330 |
presumed abandoned when the parents of the child have failed to | 4331 |
visit or maintain contact with the child for more than ninety | 4332 |
days, regardless of whether the parents resume contact with the | 4333 |
child after that period of ninety days. | 4334 |
Section 4. That the existing version of section 2151.011 of | 4335 |
the Revised Code that is scheduled to take effect on January 1, | 4336 |
2014, is hereby repealed. | 4337 |
Section 5. Sections 3 and 4 of this act take effect on | 4338 |
January 1, 2014. | 4339 |