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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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) Upon the request of a person who wishes | 573 |
to obtain a license to carry a concealed handgun or to renew a | 574 |
license to carry a concealed handgun, a sheriff, as provided in | 575 |
division (I) of this section, shall provide to the person free of | 576 |
charge an application form and the web site address at which the | 577 |
pamphlet described in division (B) of section 109.731 of the | 578 |
Revised Code may be found. A sheriff shall accept a completed | 579 |
application form and the fee, items, materials, and information | 580 |
specified in divisions (B)(1) to (5) of this section at the times | 581 |
and in the manners described in division (I) of this section. | 582 |
(c) A sheriff shall waive the payment of the license fee | 599 |
described in division (B)(1)(a) of this section in connection with | 600 |
an initial or renewal application for a license that is submitted | 601 |
by an applicant who is a retired peace officer, a retired person | 602 |
described in division (B)(1)(b) of section 109.77 of the Revised | 603 |
Code, or a retired federal law enforcement officer who, prior to | 604 |
retirement, was authorized under federal law to carry a firearm in | 605 |
the course of duty, unless the retired peace officer, person, or | 606 |
federal law enforcement officer retired as the result of a mental | 607 |
disability. | 608 |
(3) One or more of the following competency certifications, | 616 |
each of which shall reflect that, regarding a certification | 617 |
described in division (B)(3)(a), (b), (c), (e), or (f) of this | 618 |
section, within the three years immediately preceding the | 619 |
application the applicant has performed that to which the | 620 |
competency certification relates and that, regarding a | 621 |
certification described in division (B)(3)(d) of this section, the | 622 |
applicant currently is an active or reserve member of the armed | 623 |
forces of the United States or within the six years immediately | 624 |
preceding the application the honorable discharge or retirement to | 625 |
which the competency certification relates occurred: | 626 |
(iii) It was offered by or under the auspices of a law | 643 |
enforcement agency of this or another state or the United States, | 644 |
a public or private college, university, or other similar | 645 |
postsecondary educational institution located in this or another | 646 |
state, a firearms training school located in this or another | 647 |
state, or another type of public or private entity or organization | 648 |
located in this or another state. | 649 |
(c) An original or photocopy of a certificate of completion | 652 |
of a state, county, municipal, or department of natural resources | 653 |
peace officer training school that is approved by the executive | 654 |
director of the Ohio peace officer training commission pursuant to | 655 |
section 109.75 of the Revised Code and that complies with the | 656 |
requirements set forth in division (G) of this section, or the | 657 |
applicant has satisfactorily completed and been issued a | 658 |
certificate of completion of a basic firearms training program, a | 659 |
firearms requalification training program, or another basic | 660 |
training program described in section 109.78 or 109.801 of the | 661 |
Revised Code that complies with the requirements set forth in | 662 |
division (G) of this section; | 663 |
(i) That the applicant is an active or reserve member of the | 665 |
armed forces of the United States, was honorably discharged from | 666 |
military service in the active or reserve armed forces of the | 667 |
United States, is a retired trooper of the state highway patrol, | 668 |
or is a retired peace officer or federal law enforcement officer | 669 |
described in division (B)(1) of this section or a retired person | 670 |
described in division (B)(1)(b) of section 109.77 of the Revised | 671 |
Code and division (B)(1) of this section; | 672 |
(ii) That, through participation in the military service or | 673 |
through the former employment described in division (B)(3)(d)(i) | 674 |
of this section, the applicant acquired experience with handling | 675 |
handguns or other firearms, and the experience so acquired was | 676 |
equivalent to training that the applicant could have acquired in a | 677 |
course, class, or program described in division (B)(3)(a), (b), or | 678 |
(c) of this section. | 679 |
(e) A certificate or another similar document that evidences | 680 |
satisfactory completion of a firearms training, safety, or | 681 |
requalification or firearms safety instructor course, class, or | 682 |
program that is not otherwise described in division (B)(3)(a), | 683 |
(b), (c), or (d) of this section, that was conducted by an | 684 |
instructor who was certified by an official or entity of the | 685 |
government of this or another state or the United States or by the | 686 |
national rifle association, and that complies with the | 687 |
requirements set forth in division (G) of this section; | 688 |
(f) An affidavit that attests to the applicant's satisfactory | 689 |
completion of a course, class, or program described in division | 690 |
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed | 691 |
by the applicant's instructor or an authorized representative of | 692 |
the entity that offered the course, class, or program or under | 693 |
whose auspices the course, class, or program was offered. | 694 |
(D)(1) Except as provided in division (D)(3) or (4) of this | 713 |
section, within forty-five days after a sheriff's receipt of an | 714 |
applicant's completed application form for a license to carry a | 715 |
concealed handgun, the supporting documentation, and, if not | 716 |
waived, the license fee, the sheriff shall make available through | 717 |
the law enforcement automated data system in accordance with | 718 |
division (H) of this section the information described in that | 719 |
division and, upon making the information available through the | 720 |
system, shall issue to the applicant a license to carry a | 721 |
concealed handgun that shall expire as described in division | 722 |
(D)(2)(a) of this section if all of the following apply: | 723 |
(i) If a person is absent from the United States, from this | 730 |
state, or from a particular county in this state in compliance | 731 |
with military or naval orders as an active or reserve member of | 732 |
the armed forces of the United States and if prior to leaving this | 733 |
state in compliance with those orders the person was legally | 734 |
living in the United States and was a resident of this state, the | 735 |
person, solely by reason of that absence, shall not be considered | 736 |
to have lost the person's status as living in the United States or | 737 |
the person's residence in this state or in the county in which the | 738 |
person was a resident prior to leaving this state in compliance | 739 |
with those orders, without regard to whether or not the person | 740 |
intends to return to this state or to that county, shall not be | 741 |
considered to have acquired a residence in any other state, and | 742 |
shall not be considered to have become a resident of any other | 743 |
state. | 744 |
(ii) If a person is present in this state in compliance with | 745 |
military or naval orders as an active or reserve member of the | 746 |
armed forces of the United States for at least forty-five days, | 747 |
the person shall be considered to have been a resident of this | 748 |
state for that period of at least forty-five days, and, if a | 749 |
person is present in a county of 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 thirty days, the | 752 |
person shall be considered to have been a resident of that county | 753 |
for that period of at least thirty days. | 754 |
(e) Except as otherwise provided in division (D)(5) of this | 763 |
section, the applicant has not been convicted of or pleaded guilty | 764 |
to a felony or an offense under Chapter 2925., 3719., or 4729. of | 765 |
the Revised Code that involves the illegal possession, use, sale, | 766 |
administration, or distribution of or trafficking in a drug of | 767 |
abuse; has not been adjudicated a delinquent child for committing | 768 |
an act that if committed by an adult would be a felony or would be | 769 |
an offense under Chapter 2925., 3719., or 4729. of the Revised | 770 |
Code that involves the illegal possession, use, sale, | 771 |
administration, or distribution of or trafficking in a drug of | 772 |
abuse; and has not been convicted of, pleaded guilty to, or | 773 |
adjudicated a delinquent child for committing a violation of | 774 |
section 2903.13 of the Revised Code when the victim of the | 775 |
violation is a peace officer, regardless of whether the applicant | 776 |
was sentenced under division (C)(3) of that section. | 777 |
(f) Except as otherwise provided in division (D)(5) of this | 778 |
section, the applicant, within three years of the date of the | 779 |
application, has not been convicted of or pleaded guilty to a | 780 |
misdemeanor offense of violence other than a misdemeanor violation | 781 |
of section 2921.33 of the Revised Code or a violation of section | 782 |
2903.13 of the Revised Code when the victim of the violation is a | 783 |
peace officer, or a misdemeanor violation of section 2923.1211 of | 784 |
the Revised Code; and has not been adjudicated a delinquent child | 785 |
for committing an act that if committed by an adult would be a | 786 |
misdemeanor offense of violence other than a misdemeanor violation | 787 |
of section 2921.33 of the Revised Code or a violation of section | 788 |
2903.13 of the Revised Code when the victim of the violation is a | 789 |
peace officer or for committing an act that if committed by an | 790 |
adult would be a misdemeanor violation of section 2923.1211 of the | 791 |
Revised Code. | 792 |
(i) The applicant has not been adjudicated as a mental | 803 |
defective, has not been committed to any mental institution, is | 804 |
not under adjudication of mental incompetence, has not been found | 805 |
by a court to be a mentally ill person subject to hospitalization | 806 |
by court order, and is not an involuntary patient other than one | 807 |
who is a patient only for purposes of observation. As used in this | 808 |
division, "mentally ill person subject to hospitalization by court | 809 |
order" and "patient" have the same meanings as in section 5122.01 | 810 |
of the Revised Code. | 811 |
(b) If a sheriff denies an application under this section | 842 |
because the applicant does not satisfy the criteria described in | 843 |
division (D)(1) of this section, the sheriff shall specify the | 844 |
grounds for the denial in a written notice to the applicant. The | 845 |
applicant may appeal the denial pursuant to section 119.12 of the | 846 |
Revised Code in the county served by the sheriff who denied the | 847 |
application. If the denial was as a result of the criminal records | 848 |
check conducted pursuant to section 311.41 of the Revised Code and | 849 |
if, pursuant to section 2923.127 of the Revised Code, the | 850 |
applicant challenges the criminal records check results using the | 851 |
appropriate challenge and review procedure specified in that | 852 |
section, the time for filing the appeal pursuant to section 119.12 | 853 |
of the Revised Code and this division is tolled during the | 854 |
pendency of the request or the challenge and review. If the court | 855 |
in an appeal under section 119.12 of the Revised Code and this | 856 |
division enters a judgment sustaining the sheriff's refusal to | 857 |
grant to the applicant a license to carry a concealed handgun, the | 858 |
applicant may file a new application beginning one year after the | 859 |
judgment is entered. If the court enters a judgment in favor of | 860 |
the applicant, that judgment shall not restrict the authority of a | 861 |
sheriff to suspend or revoke the license pursuant to section | 862 |
2923.128 or 2923.1213 of the Revised Code or to refuse to renew | 863 |
the license for any proper cause that may occur after the date the | 864 |
judgment is entered. In the appeal, the court shall have full | 865 |
power to dispose of all costs. | 866 |
(5) If an applicant has been convicted of or pleaded guilty | 881 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 882 |
this section or has been adjudicated a delinquent child for | 883 |
committing an act or violation identified in any of those | 884 |
divisions, and if a court has ordered the sealing or expungement | 885 |
of the records of that conviction, guilty plea, or adjudication | 886 |
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to | 887 |
2953.36, or section 2953.37 of the Revised Code or a court has | 888 |
granted the applicant relief pursuant to section 2923.14 of the | 889 |
Revised Code from the disability imposed pursuant to section | 890 |
2923.13 of the Revised Code relative to that conviction, guilty | 891 |
plea, or adjudication, the sheriff with whom the application was | 892 |
submitted shall not consider the conviction, guilty plea, or | 893 |
adjudication in making a determination under division (D)(1) or | 894 |
(F) of this section or, in relation to an application for a | 895 |
temporary emergency license to carry a concealed handgun submitted | 896 |
under section 2923.1213 of the Revised Code, in making a | 897 |
determination under division (B)(2) of that section. | 898 |
(E) If a license to carry a concealed handgun issued under | 899 |
this section is lost or is destroyed, the licensee may obtain from | 900 |
the sheriff who issued that license a duplicate license upon the | 901 |
payment of a fee of fifteen dollars and the submission of an | 902 |
affidavit attesting to the loss or destruction of the license. The | 903 |
sheriff, in accordance with the procedures prescribed in section | 904 |
109.731 of the Revised Code, shall place on the replacement | 905 |
license a combination of identifying numbers different from the | 906 |
combination on the license that is being replaced. | 907 |
(F)(1) A licensee who wishes to renew a license to carry a | 908 |
concealed handgun issued under this section shall do so not | 909 |
earlier than ninety days before the expiration date of the license | 910 |
or at any time after the expiration date of the license by filing | 911 |
with the sheriff of the county in which the applicant resides or | 912 |
with the sheriff of an adjacent county an application for renewal | 913 |
of the license obtained pursuant to division (D) of this section, | 914 |
a certification by the applicant that, subsequent to the issuance | 915 |
of the license, the applicant has reread the pamphlet prepared by | 916 |
the Ohio peace officer training commission pursuant to section | 917 |
109.731 of the Revised Code that reviews firearms, dispute | 918 |
resolution, and use of deadly force matters, a nonrefundable | 919 |
license renewal fee in an amount determined pursuant to division | 920 |
(F)(4) of this section unless the fee is waived, and one of the | 921 |
following: | 922 |
(a) If the licensee previously has not renewed a license to | 923 |
carry a concealed handgun issued under this section, proof that | 924 |
the licensee at one time had a competency certification of the | 925 |
type described in division (B)(3) of this section. A valid | 926 |
license, expired license, or any other previously issued license | 927 |
that has not been revoked is prima-facie evidence that the | 928 |
licensee at one time had a competency certification of the type | 929 |
described in division (B)(3) of this section. | 930 |
(2) A sheriff shall accept a completed renewal application, | 935 |
the license renewal fee, and information specified in division | 936 |
(F)(1) of this section at the times and in the manners described | 937 |
in division (I) of this section. Upon receipt of a completed | 938 |
renewal application, of certification that the applicant has | 939 |
reread the specified pamphlet prepared by the Ohio peace officer | 940 |
training commission, of proof of a prior competency certification | 941 |
for an initial renewal or of a renewed competency certification | 942 |
for a second or subsequent renewal, and of a license renewal fee | 943 |
unless the fee is waived, a sheriff, in the manner specified in | 944 |
section 311.41 of the Revised Code shall conduct or cause to be | 945 |
conducted the criminal records check and the incompetency records | 946 |
check described in section 311.41 of the Revised Code. The sheriff | 947 |
shall renew the license if the sheriff determines that the | 948 |
applicant continues to satisfy the requirements described in | 949 |
division (D)(1) of this section, except that the applicant is not | 950 |
required to meet the requirements of division (D)(1)(l) of this | 951 |
section. A renewed license that is renewed on or after March 14, | 952 |
2007, shall expire five years after the date of issuance, and a | 953 |
renewed license that is renewed prior to March 14, 2007, shall | 954 |
expire four years after the date of issuance. A renewed license is | 955 |
subject to division (E) of this section and sections 2923.126 and | 956 |
2923.128 of the Revised Code. A sheriff shall comply with | 957 |
divisions (D)(2) to (4) of this section when the circumstances | 958 |
described in those divisions apply to a requested license renewal. | 959 |
If a sheriff denies the renewal of a license to carry a concealed | 960 |
handgun, the applicant may appeal the denial, or challenge the | 961 |
criminal record check results that were the basis of the denial if | 962 |
applicable, in the same manner as specified in division (D)(2)(b) | 963 |
of this section and in section 2923.127 of the Revised Code, | 964 |
regarding the denial of a license under this section. | 965 |
(3) A renewal application submitted pursuant to division (F) | 966 |
of this section shall only require the licensee to list on the | 967 |
application form information and matters occurring since the date | 968 |
of the licensee's last application for a license pursuant to | 969 |
division (B) or (F) of this section. A sheriff conducting the | 970 |
criminal records check and the incompetency records check | 971 |
described in section 311.41 of the Revised Code shall conduct the | 972 |
check only from the date of the licensee's last application for a | 973 |
license pursuant to division (B) or (F) of this section through | 974 |
the date of the renewal application submitted pursuant to division | 975 |
(F) of this section. | 976 |
(G)(1) Each course, class, or program described in division | 988 |
(B)(3)(a), (b), (c), or (e) of this section shall provide to each | 989 |
person who takes the course, class, or program the web site | 990 |
address at which the pamphlet prepared by the Ohio peace officer | 991 |
training commission pursuant to section 109.731 of the Revised | 992 |
Code that reviews firearms, dispute resolution, and use of deadly | 993 |
force matters may be found. Each such course, class, or program | 994 |
described in one of those divisions shall include at least twelve | 995 |
hours of training in the safe handling and use of a firearm that | 996 |
shall include all of the following: | 997 |
(4) A person who previously has received a competency | 1027 |
certification as described in division (B)(3) of this section, or | 1028 |
who previously has received a renewed competency certification as | 1029 |
described in this division, may obtain a renewed competency | 1030 |
certification pursuant to this division. If the person previously | 1031 |
has received a competency certification or previously has received | 1032 |
a renewed competency certification, the person may obtain a | 1033 |
renewed competency certification from an entity that offers a | 1034 |
course, class, or program described in division (B)(3)(a), (b), | 1035 |
(c), or (e) of this section by passing a test that demonstrates | 1036 |
that the person is range competent. In these circumstances, the | 1037 |
person is not required to attend the course, class, or program or | 1038 |
to take the competency examination described in division (G)(2) of | 1039 |
this section for the renewed competency certification in order to | 1040 |
be eligible to receive a renewed competency certification. A | 1041 |
renewed competency certification issued under this division shall | 1042 |
be dated and shall attest that the person has demonstrated range | 1043 |
competency. | 1044 |
(H) Upon deciding to issue a license, deciding to issue a | 1045 |
replacement license, or deciding to renew a license to carry a | 1046 |
concealed handgun pursuant to this section, and before actually | 1047 |
issuing or renewing the license, the sheriff shall make available | 1048 |
through the law enforcement automated data system all information | 1049 |
contained on the license. If the license subsequently is suspended | 1050 |
under division (A)(1) or (2) of section 2923.128 of the Revised | 1051 |
Code, revoked pursuant to division (B)(1) of section 2923.128 of | 1052 |
the Revised Code, or lost or destroyed, the sheriff also shall | 1053 |
make available through the law enforcement automated data system a | 1054 |
notation of that fact. The superintendent of the state highway | 1055 |
patrol shall ensure that the law enforcement automated data system | 1056 |
is so configured as to permit the transmission through the system | 1057 |
of the information specified in this division. | 1058 |
(I) A sheriff shall accept a completed application form or | 1059 |
renewal application, and the fee, items, materials, and | 1060 |
information specified in divisions (B)(1) to (5) or division (F) | 1061 |
of this section, whichever is applicable, and shall provide an | 1062 |
application form or renewal application to any person during at | 1063 |
least fifteen hours a week and shall provide the web site address | 1064 |
at which the pamphlet described in division (B) of section 109.731 | 1065 |
of the Revised Code may be found at any time, upon request. The | 1066 |
sheriff shall post notice of the hours during which the sheriff is | 1067 |
available to accept or provide the information described in this | 1068 |
division. | 1069 |
(b) A written document prepared by a governmental entity or | 1077 |
public official describing the facts that give the person seeking | 1078 |
to carry a concealed handgun reasonable cause to fear a criminal | 1079 |
attack upon the person or a member of the person's family, such as | 1080 |
would justify a prudent person in going armed. Written documents | 1081 |
of this nature include, but are not limited to, any temporary | 1082 |
protection order, civil protection order, protection order issued | 1083 |
by another state, or other court order, any court report, and any | 1084 |
report filed with or made by a law enforcement agency or | 1085 |
prosecutor. | 1086 |
(b) A sworn affidavit that contains all of the information | 1094 |
required to be on the license and attesting that the person is | 1095 |
legally living in the United States; is at least twenty-one years | 1096 |
of age; is not a fugitive from justice; is not under indictment | 1097 |
for or otherwise charged with an offense identified in division | 1098 |
(D)(1)(d) of section 2923.125 of the Revised Code; has not been | 1099 |
convicted of or pleaded guilty to an offense, and has not been | 1100 |
adjudicated a delinquent child for committing an act, identified | 1101 |
in division (D)(1)(e) of that section and to which division (B)(3) | 1102 |
of this section does not apply; within three years of the date of | 1103 |
the submission, has not been convicted of or pleaded guilty to an | 1104 |
offense, and has not been adjudicated a delinquent child for | 1105 |
committing an act, identified in division (D)(1)(f) of that | 1106 |
section and to which division (B)(3) of this section does not | 1107 |
apply; within five years of the date of the submission, has not | 1108 |
been convicted of, pleaded guilty, or adjudicated a delinquent | 1109 |
child for committing two or more violations identified in division | 1110 |
(D)(1)(g) of that section; within ten years of the date of the | 1111 |
submission, has not been convicted of, pleaded guilty, or | 1112 |
adjudicated a delinquent child for committing a violation | 1113 |
identified in division (D)(1)(h) of that section and to which | 1114 |
division (B)(3) of this section does not apply; has not been | 1115 |
adjudicated as a mental defective, has not been committed to any | 1116 |
mental institution, is not under adjudication of mental | 1117 |
incompetence, has not been found by a court to be a mentally ill | 1118 |
person subject to hospitalization by court order, and is not an | 1119 |
involuntary patient other than one who is a patient only for | 1120 |
purposes of observation, as described in division (D)(1)(i) of | 1121 |
that section; is not currently subject to a civil protection | 1122 |
order, a temporary protection order, or a protection order issued | 1123 |
by a court of another state, as described in division (D)(1)(j) of | 1124 |
that section; and is not currently subject to a suspension imposed | 1125 |
under division (A)(2) of section 2923.128 of the Revised Code of a | 1126 |
license to carry a concealed handgun, or a temporary emergency | 1127 |
license to carry a concealed handgun, that previously was issued | 1128 |
to the person; | 1129 |
(d) A set of fingerprints of the applicant provided as | 1142 |
described in section 311.41 of the Revised Code through use of an | 1143 |
electronic fingerprint reading device or, if the sheriff to whom | 1144 |
the application is submitted does not possess and does not have | 1145 |
ready access to the use of an electronic fingerprint reading | 1146 |
device, on a standard impression sheet prescribed pursuant to | 1147 |
division (C)(2) of section 109.572 of the Revised Code. If the | 1148 |
fingerprints are provided on a standard impression sheet, the | 1149 |
person also shall provide the person's social security number to | 1150 |
the sheriff. | 1151 |
(2) A sheriff shall accept the evidence of imminent danger, | 1152 |
the sworn affidavit, the fee, and the set of fingerprints required | 1153 |
under division (B)(1) of this section at the times and in the | 1154 |
manners described in division (I) of this section. Upon receipt of | 1155 |
the evidence of imminent danger, the sworn affidavit, the fee, and | 1156 |
the set of fingerprints required under division (B)(1) of this | 1157 |
section, the sheriff, in the manner specified in section 311.41 of | 1158 |
the Revised Code, immediately shall conduct or cause to be | 1159 |
conducted the criminal records check and the incompetency records | 1160 |
check described in section 311.41 of the Revised Code. Immediately | 1161 |
upon receipt of the results of the records checks, the sheriff | 1162 |
shall review the information and shall determine whether the | 1163 |
criteria set forth in divisions (D)(1)(a) to (j) and (m) of | 1164 |
section 2923.125 of the Revised Code apply regarding the person. | 1165 |
If the sheriff determines that all of criteria set forth in | 1166 |
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the | 1167 |
Revised Code apply regarding the person, the sheriff shall | 1168 |
immediately make available through the law enforcement automated | 1169 |
data system all information that will be contained on the | 1170 |
temporary emergency license for the person if one is issued, and | 1171 |
the superintendent of the state highway patrol shall ensure that | 1172 |
the system is so configured as to permit the transmission through | 1173 |
the system of that information. Upon making that information | 1174 |
available through the law enforcement automated data system, the | 1175 |
sheriff shall immediately issue to the person a temporary | 1176 |
emergency license to carry a concealed handgun. | 1177 |
If the sheriff denies the issuance of a temporary emergency | 1178 |
license to the person, the sheriff shall specify the grounds for | 1179 |
the denial in a written notice to the person. The person may | 1180 |
appeal the denial, or challenge criminal records check results | 1181 |
that were the basis of the denial if applicable, in the same | 1182 |
manners specified in division (D)(2) of section 2923.125 and in | 1183 |
section 2923.127 of the Revised Code, regarding the denial of an | 1184 |
application for a license to carry a concealed handgun under that | 1185 |
section. | 1186 |
(3) If a person seeking a temporary emergency license to | 1199 |
carry a concealed handgun has been convicted of or pleaded guilty | 1200 |
to an offense identified in division (D)(1)(e), (f), or (h) of | 1201 |
section 2923.125 of the Revised Code or has been adjudicated a | 1202 |
delinquent child for committing an act or violation identified in | 1203 |
any of those divisions, and if a court has ordered the sealing or | 1204 |
expungement of the records of that conviction, guilty plea, or | 1205 |
adjudication pursuant to sections 2151.355 to 2151.358 or sections | 1206 |
2953.31 to 2953.36 of the Revised Code or a court has granted the | 1207 |
applicant relief pursuant to section 2923.14 of the Revised Code | 1208 |
from the disability imposed pursuant to section 2923.13 of the | 1209 |
Revised Code relative to that conviction, guilty plea, or | 1210 |
adjudication, the conviction, guilty plea, or adjudication shall | 1211 |
not be relevant for purposes of the sworn affidavit described in | 1212 |
division (B)(1)(b) of this section, and the person may complete, | 1213 |
and swear to the truth of, the affidavit as if the conviction, | 1214 |
guilty plea, or adjudication never had occurred. | 1215 |
(4) The sheriff shall waive the payment pursuant to division | 1216 |
(B)(1)(c) of this section of the license fee in connection with an | 1217 |
application that is submitted by an applicant who is a retired | 1218 |
peace officer, a retired person described in division (B)(1)(b) of | 1219 |
section 109.77 of the Revised Code, or a retired federal law | 1220 |
enforcement officer who, prior to retirement, was authorized under | 1221 |
federal law to carry a firearm in the course of duty, unless the | 1222 |
retired peace officer, person, or federal law enforcement officer | 1223 |
retired as the result of a mental disability. | 1224 |
(C) A person who holds a temporary emergency license to carry | 1229 |
a concealed handgun has the same right to carry a concealed | 1230 |
handgun as a person who was issued a license to carry a concealed | 1231 |
handgun under section 2923.125 of the Revised Code, and any | 1232 |
exceptions to the prohibitions contained in section 1547.69 and | 1233 |
sections 2923.12 to 2923.16 of the Revised Code for a licensee | 1234 |
under section 2923.125 of the Revised Code apply to a licensee | 1235 |
under this section. The person is subject to the same | 1236 |
restrictions, and to all other procedures, duties, and sanctions, | 1237 |
that apply to a person who carries a license issued under section | 1238 |
2923.125 of the Revised Code, other than the license renewal | 1239 |
procedures set forth in that section. | 1240 |
(D) A sheriff who issues a temporary emergency license to | 1241 |
carry a concealed handgun under this section shall not require a | 1242 |
person seeking to carry a concealed handgun in accordance with | 1243 |
this section to submit a competency certificate as a prerequisite | 1244 |
for issuing the license and shall comply with division (H) of | 1245 |
section 2923.125 of the Revised Code in regards to the license. | 1246 |
The sheriff shall suspend or revoke the license in accordance with | 1247 |
section 2923.128 of the Revised Code. In addition to the | 1248 |
suspension or revocation procedures set forth in section 2923.128 | 1249 |
of the Revised Code, the sheriff may revoke the license upon | 1250 |
receiving information, verifiable by public documents, that the | 1251 |
person is not eligible to possess a firearm under either the laws | 1252 |
of this state or of the United States or that the person committed | 1253 |
perjury in obtaining the license; if the sheriff revokes a license | 1254 |
under this additional authority, the sheriff shall notify the | 1255 |
person, by certified mail, return receipt requested, at the | 1256 |
person's last known residence address that the license has been | 1257 |
revoked and that the person is required to surrender the license | 1258 |
at the sheriff's office within ten days of the date on which the | 1259 |
notice was mailed. Division (H) of section 2923.125 of the Revised | 1260 |
Code applies regarding any suspension or revocation of a temporary | 1261 |
emergency license to carry a concealed handgun. | 1262 |
(F) If a temporary emergency license to carry a concealed | 1269 |
handgun issued under this section is lost or is destroyed, the | 1270 |
licensee may obtain from the sheriff who issued that license a | 1271 |
duplicate license upon the payment of a fee of fifteen dollars and | 1272 |
the submission of an affidavit attesting to the loss or | 1273 |
destruction of the license. The sheriff, in accordance with the | 1274 |
procedures prescribed in section 109.731 of the Revised Code, | 1275 |
shall place on the replacement license a combination of | 1276 |
identifying numbers different from the combination on the license | 1277 |
that is being replaced. | 1278 |
(I) A sheriff shall accept evidence of imminent danger, a | 1289 |
sworn affidavit, the fee, and the set of fingerprints specified in | 1290 |
division (B)(1) of this section at any time during normal business | 1291 |
hours. In no case shall a sheriff require an appointment, or | 1292 |
designate a specific period of time, for the submission or | 1293 |
acceptance of evidence of imminent danger, a sworn affidavit, the | 1294 |
fee, and the set of fingerprints specified in division (B)(1) of | 1295 |
this section, or for the provision to any person of a standard | 1296 |
form to be used for a person to apply for a temporary emergency | 1297 |
license to carry a concealed handgun. | 1298 |
(3) The person is under indictment for or has been convicted | 1309 |
of any felony offense involving the illegal possession, use, sale, | 1310 |
administration, distribution, or trafficking in any drug of abuse | 1311 |
or has been adjudicated a delinquent child for the commission of | 1312 |
an offense that, if committed by an adult, would have been a | 1313 |
felony offense involving the illegal possession, use, sale, | 1314 |
administration, distribution, or trafficking in any drug of abuse. | 1315 |
(5) The person is under adjudication of mental incompetence, | 1318 |
has been adjudicated as a mental defective, has been committed to | 1319 |
a mental institution, has been found by a court to be a mentally | 1320 |
ill person subject to hospitalization by court order, or is an | 1321 |
involuntary patient other than one who is a patient only for | 1322 |
purposes of observation. As used in this division, "mentally ill | 1323 |
person subject to hospitalization by court order" and "patient" | 1324 |
have the same meanings as in section 5122.01 of the Revised Code. | 1325 |
(6) "Conditional release" means a commitment status under | 1362 |
which the trial court at any time may revoke a person's | 1363 |
conditional release and order the rehospitalization or | 1364 |
reinstitutionalization of the person as described in division (A) | 1365 |
of section 2945.402 of the Revised Code and pursuant to which a | 1366 |
person who is found incompetent to stand trial or a person who is | 1367 |
found not guilty by reason of insanity lives and receives | 1368 |
treatment in the community for a period of time that does not | 1369 |
exceed the maximum prison term or term of imprisonment that the | 1370 |
person could have received for the offense in question had the | 1371 |
person been convicted of the offense instead of being found | 1372 |
incompetent to stand trial on the charge of the offense or being | 1373 |
found not guilty by reason of insanity relative to the offense. | 1374 |
(B) In a criminal action in a court of common pleas, a county | 1381 |
court, or a municipal court, the court, prosecutor, or defense may | 1382 |
raise the issue of the defendant's competence to stand trial. If | 1383 |
the issue is raised before the trial has commenced, the court | 1384 |
shall hold a hearing on the issue as provided in this section. If | 1385 |
the issue is raised after the trial has commenced, the court shall | 1386 |
hold a hearing on the issue only for good cause shown or on the | 1387 |
court's own motion. | 1388 |
(C) The court shall conduct the hearing required or | 1389 |
authorized under division (B) of this section within thirty days | 1390 |
after the issue is raised, unless the defendant has been referred | 1391 |
for evaluation in which case the court shall conduct the hearing | 1392 |
within ten days after the filing of the report of the evaluation | 1393 |
or, in the case of a defendant who is ordered by the court | 1394 |
pursuant to division (H) of section 2945.371 of the Revised Code | 1395 |
to undergo a separate mental retardation evaluation conducted by a | 1396 |
psychologist designated by the director of developmental | 1397 |
disabilities, within ten days after the filing of the report of | 1398 |
the separate mental retardation evaluation under that division. A | 1399 |
hearing may be continued for good cause. | 1400 |
(G) A defendant is presumed to be competent to stand trial. | 1423 |
If, after a hearing, the court finds by a preponderance of the | 1424 |
evidence that, because of the defendant's present mental | 1425 |
condition, the defendant is incapable of understanding the nature | 1426 |
and objective of the proceedings against the defendant or of | 1427 |
assisting in the defendant's defense, the court shall find the | 1428 |
defendant incompetent to stand trial and shall enter an order | 1429 |
authorized by section 2945.38 of the Revised Code. | 1430 |
(H) Municipal courts shall follow the procedures set forth in | 1431 |
sections 2945.37 to 2945.402 of the Revised Code. Except as | 1432 |
provided in section 2945.371 of the Revised Code, a municipal | 1433 |
court shall not order an evaluation of the defendant's competence | 1434 |
to stand trial or the defendant's mental condition at the time of | 1435 |
the commission of the offense to be conducted at any hospital | 1436 |
operated by the department of mental health. Those evaluations | 1437 |
shall be performed through community resources including, but not | 1438 |
limited to, certified forensic centers, court probation | 1439 |
departments, and community mental health agencies. All expenses of | 1440 |
the evaluations shall be borne by the legislative authority of the | 1441 |
municipal court, as defined in section 1901.03 of the Revised | 1442 |
Code, and shall be taxed as costs in the case. If a defendant is | 1443 |
found incompetent to stand trial or not guilty by reason of | 1444 |
insanity, a municipal court may commit the defendant as provided | 1445 |
in sections 2945.38 to 2945.402 of the Revised Code. | 1446 |
Sec. 2945.38. (A) If the issue of a defendant's competence | 1447 |
to stand trial is raised and if the court, upon conducting the | 1448 |
hearing provided for in section 2945.37 of the Revised Code, finds | 1449 |
that the defendant is competent to stand trial, the defendant | 1450 |
shall be proceeded against as provided by law. If the court finds | 1451 |
the defendant competent to stand trial and the defendant is | 1452 |
receiving psychotropic drugs or other medication, the court may | 1453 |
authorize the continued administration of the drugs or medication | 1454 |
or other appropriate treatment in order to maintain the | 1455 |
defendant's competence to stand trial, unless the defendant's | 1456 |
attending physician advises the court against continuation of the | 1457 |
drugs, other medication, or treatment. | 1458 |
(B)(1)(a) If, after taking into consideration all relevant | 1459 |
reports, information, and other evidence, the court finds that the | 1460 |
defendant is incompetent to stand trial and that there is a | 1461 |
substantial probability that the defendant will become competent | 1462 |
to stand trial within one year if the defendant is provided with a | 1463 |
course of treatment, the court shall order the defendant to | 1464 |
undergo treatment. If the defendant has been charged with a felony | 1465 |
offense and if, after taking into consideration all relevant | 1466 |
reports, information, and other evidence, the court finds that the | 1467 |
defendant is incompetent to stand trial, but the court is unable | 1468 |
at that time to determine whether there is a substantial | 1469 |
probability that the defendant will become competent to stand | 1470 |
trial within one year if the defendant is provided with a course | 1471 |
of treatment, the court shall order continuing evaluation and | 1472 |
treatment of the defendant for a period not to exceed four months | 1473 |
to determine whether there is a substantial probability that the | 1474 |
defendant will become competent to stand trial within one year if | 1475 |
the defendant is provided with a course of treatment. | 1476 |
(b) The court order for the defendant to undergo treatment or | 1477 |
continuing evaluation and treatment under division (B)(1)(a) of | 1478 |
this section shall specify that the defendant, if determined to | 1479 |
require mental health treatment or continuing evaluation and | 1480 |
treatment, shall be committed to the department of mental health | 1481 |
for treatment or continuing evaluation and treatment at a | 1482 |
hospital, facility, or agency, as determined to be clinically | 1483 |
appropriate by the department of mental health and, if determined | 1484 |
to require treatment or continuing evaluation and treatment for a | 1485 |
developmental disability, shall receive treatment or continuing | 1486 |
evaluation and treatment at an institution or facility operated by | 1487 |
the department of developmental disabilities, at a facility | 1488 |
certified by the department of developmental disabilities as being | 1489 |
qualified to treat mental retardation, at a public or private | 1490 |
community mental retardation facility, or by a mental retardation | 1491 |
professional. The order may restrict the defendant's freedom of | 1492 |
movement as the court considers necessary. The prosecutor in the | 1493 |
defendant's case shall send to the chief clinical officer of the | 1494 |
hospital, facility, or agency where the defendant is placed by the | 1495 |
department of mental health, or to the managing officer of the | 1496 |
institution, the director of the facility, or the person to which | 1497 |
the defendant is committed, copies of relevant police reports and | 1498 |
other background information that pertains to the defendant and is | 1499 |
available to the prosecutor unless the prosecutor determines that | 1500 |
the release of any of the information in the police reports or any | 1501 |
of the other background information to unauthorized persons would | 1502 |
interfere with the effective prosecution of any person or would | 1503 |
create a substantial risk of harm to any person. | 1504 |
In committing the defendant to the department of mental | 1505 |
health, the court shall consider the extent to which the person is | 1506 |
a danger to the person and to others, the need for security, and | 1507 |
the type of crime involved and, if the court finds that | 1508 |
restrictions on the defendant's freedom of movement are necessary, | 1509 |
shall specify the least restrictive limitations on the person's | 1510 |
freedom of movement determined to be necessary to protect public | 1511 |
safety. In determining commitment alternatives for defendants | 1512 |
determined to require treatment or continuing evaluation and | 1513 |
treatment for developmental disabilities, the court shall consider | 1514 |
the extent to which the person is a danger to the person and to | 1515 |
others, the need for security, and the type of crime involved and | 1516 |
shall order the least restrictive alternative available that is | 1517 |
consistent with public safety and treatment goals. In weighing | 1518 |
these factors, the court shall give preference to protecting | 1519 |
public safety. | 1520 |
(c) If the defendant is found incompetent to stand trial, if | 1521 |
the chief clinical officer of the hospital, facility, or agency | 1522 |
where the defendant is placed, or the managing officer of the | 1523 |
institution, the director of the facility, or the person to which | 1524 |
the defendant is committed for treatment or continuing evaluation | 1525 |
and treatment under division (B)(1)(b) of this section determines | 1526 |
that medication is necessary to restore the defendant's competency | 1527 |
to stand trial, and if the defendant lacks the capacity to give | 1528 |
informed consent or refuses medication, the chief clinical officer | 1529 |
of the hospital, facility, or agency where the defendant is | 1530 |
placed, or the managing officer of the institution, the director | 1531 |
of the facility, or the person to which the defendant is committed | 1532 |
for treatment or continuing evaluation and treatment may petition | 1533 |
the court for authorization for the involuntary administration of | 1534 |
medication. The court shall hold a hearing on the petition within | 1535 |
five days of the filing of the petition if the petition was filed | 1536 |
in a municipal court or a county court regarding an incompetent | 1537 |
defendant charged with a misdemeanor or within ten days of the | 1538 |
filing of the petition if the petition was filed in a court of | 1539 |
common pleas regarding an incompetent defendant charged with a | 1540 |
felony offense. Following the hearing, the court may authorize the | 1541 |
involuntary administration of medication or may dismiss the | 1542 |
petition. | 1543 |
(2) If the court finds that the defendant is incompetent to | 1548 |
stand trial and that, even if the defendant is provided with a | 1549 |
course of treatment, there is not a substantial probability that | 1550 |
the defendant will become competent to stand trial within one | 1551 |
year, the court shall order the discharge of the defendant, unless | 1552 |
upon motion of the prosecutor or on its own motion, the court | 1553 |
either seeks to retain jurisdiction over the defendant pursuant to | 1554 |
section 2945.39 of the Revised Code or files an affidavit in the | 1555 |
probate court for the civil commitment of the defendant pursuant | 1556 |
to Chapter 5122. or 5123. of the Revised Code alleging that the | 1557 |
defendant is a mentally ill person subject to hospitalization by | 1558 |
court order or a mentally retarded person subject to | 1559 |
institutionalization by court order. If an affidavit is filed in | 1560 |
the probate court, the trial court shall send to the probate court | 1561 |
copies of all written reports of the defendant's mental condition | 1562 |
that were prepared pursuant to section 2945.371 of the Revised | 1563 |
Code. | 1564 |
(E) Except as otherwise provided in this division, a | 1598 |
defendant who is charged with an offense and is committed by the | 1599 |
court under this section to the department of mental health with | 1600 |
restrictions on the defendant's freedom of movement or is | 1601 |
committed to an institution or facility for the treatment of | 1602 |
developmental disabilities shall not be granted unsupervised | 1603 |
on-grounds movement, supervised off-grounds movement, or | 1604 |
nonsecured status except in accordance with the court order. The | 1605 |
court may grant a defendant supervised off-grounds movement to | 1606 |
obtain medical treatment or specialized habilitation treatment | 1607 |
services if the person who supervises the treatment or the | 1608 |
continuing evaluation and treatment of the defendant ordered under | 1609 |
division (B)(1)(a) of this section informs the court that the | 1610 |
treatment or continuing evaluation and treatment cannot be | 1611 |
provided at the hospital or facility where the defendant is placed | 1612 |
by the department of mental health or the institution or facility | 1613 |
to which the defendant is committed. The chief clinical officer of | 1614 |
the hospital or facility where the defendant is placed by the | 1615 |
department of mental health or the managing officer of the | 1616 |
institution or director of the facility to which the defendant is | 1617 |
committed, or a designee of any of those persons, may grant a | 1618 |
defendant movement to a medical facility for an emergency medical | 1619 |
situation with appropriate supervision to ensure the safety of the | 1620 |
defendant, staff, and community during that emergency medical | 1621 |
situation. The chief clinical officer of the hospital or facility | 1622 |
where the defendant is placed by the department of mental health | 1623 |
or the managing officer of the institution or director of the | 1624 |
facility to which the defendant is committed shall notify the | 1625 |
court within twenty-four hours of the defendant's movement to the | 1626 |
medical facility for an emergency medical situation under this | 1627 |
division. | 1628 |
(2) For a felony offense, fourteen days before expiration of | 1637 |
the maximum time for treatment as specified in division (C) of | 1638 |
this section and fourteen days before the expiration of the | 1639 |
maximum time for continuing evaluation and treatment as specified | 1640 |
in division (B)(1)(a) of this section, and, for a misdemeanor | 1641 |
offense, ten days before the expiration of the maximum time for | 1642 |
treatment, as specified in division (C) of this section; | 1643 |
(G) A report under division (F) of this section shall contain | 1652 |
the examiner's findings, the facts in reasonable detail on which | 1653 |
the findings are based, and the examiner's opinion as to the | 1654 |
defendant's capability of understanding the nature and objective | 1655 |
of the proceedings against the defendant and of assisting in the | 1656 |
defendant's defense. If, in the examiner's opinion, the defendant | 1657 |
remains incapable of understanding the nature and objective of the | 1658 |
proceedings against the defendant and of assisting in the | 1659 |
defendant's defense and there is a substantial probability that | 1660 |
the defendant will become capable of understanding the nature and | 1661 |
objective of the proceedings against the defendant and of | 1662 |
assisting in the defendant's defense if the defendant is provided | 1663 |
with a course of treatment, if in the examiner's opinion the | 1664 |
defendant remains mentally ill or mentally retarded, and if the | 1665 |
maximum time for treatment as specified in division (C) of this | 1666 |
section has not expired, the report also shall contain the | 1667 |
examiner's recommendation as to the least restrictive placement or | 1668 |
commitment alternative that is consistent with the defendant's | 1669 |
treatment needs for restoration to competency and with the safety | 1670 |
of the community. The court shall provide copies of the report to | 1671 |
the prosecutor and defense counsel. | 1672 |
(H) If a defendant is committed pursuant to division (B)(1) | 1673 |
of this section, within ten days after the treating physician of | 1674 |
the defendant or the examiner of the defendant who is employed or | 1675 |
retained by the treating facility advises that there is not a | 1676 |
substantial probability that the defendant will become capable of | 1677 |
understanding the nature and objective of the proceedings against | 1678 |
the defendant or of assisting in the defendant's defense even if | 1679 |
the defendant is provided with a course of treatment, within ten | 1680 |
days after the expiration of the maximum time for treatment as | 1681 |
specified in division (C) of this section, within ten days after | 1682 |
the expiration of the maximum time for continuing evaluation and | 1683 |
treatment as specified in division (B)(1)(a) of this section, | 1684 |
within thirty days after a defendant's request for a hearing that | 1685 |
is made after six months of treatment, or within thirty days after | 1686 |
being advised by the treating physician or examiner that the | 1687 |
defendant is competent to stand trial, whichever is the earliest, | 1688 |
the court shall conduct another hearing to determine if the | 1689 |
defendant is competent to stand trial and shall do whichever of | 1690 |
the following is applicable: | 1691 |
(2) If the court finds that the defendant is incompetent to | 1695 |
stand trial, but that there is a substantial probability that the | 1696 |
defendant will become competent to stand trial if the defendant is | 1697 |
provided with a course of treatment, and the maximum time for | 1698 |
treatment as specified in division (C) of this section has not | 1699 |
expired, the court, after consideration of the examiner's | 1700 |
recommendation, shall order that treatment be continued, may | 1701 |
change the least restrictive limitations on the defendant's | 1702 |
freedom of movement, and, if applicable, shall specify whether the | 1703 |
treatment for developmental disabilities is to be continued at the | 1704 |
same or a different facility or institution. | 1705 |
(3) If the court finds that the defendant is incompetent to | 1706 |
stand trial, if the defendant is charged with an offense listed in | 1707 |
division (C)(1) of this section, and if the court finds that there | 1708 |
is not a substantial probability that the defendant will become | 1709 |
competent to stand trial even if the defendant is provided with a | 1710 |
course of treatment, or if the maximum time for treatment relative | 1711 |
to that offense as specified in division (C) of this section has | 1712 |
expired, further proceedings shall be as provided in sections | 1713 |
2945.39, 2945.401, and 2945.402 of the Revised Code. | 1714 |
(4) If the court finds that the defendant is incompetent to | 1715 |
stand trial, if the most serious offense with which the defendant | 1716 |
is charged is a misdemeanor or a felony other than a felony listed | 1717 |
in division (C)(1) of this section, and if the court finds that | 1718 |
there is not a substantial probability that the defendant will | 1719 |
become competent to stand trial even if the defendant is provided | 1720 |
with a course of treatment, or if the maximum time for treatment | 1721 |
relative to that offense as specified in division (C) of this | 1722 |
section has expired, the court shall dismiss the indictment, | 1723 |
information, or complaint against the defendant. A dismissal under | 1724 |
this division is not a bar to further prosecution based on the | 1725 |
same conduct. The court shall discharge the defendant unless the | 1726 |
court or prosecutor files an affidavit in probate court for civil | 1727 |
commitment pursuant to Chapter 5122. or 5123. of the Revised Code. | 1728 |
If an affidavit for civil commitment is filed, the court may | 1729 |
detain the defendant for ten days pending civil commitment. All of | 1730 |
the following provisions apply to persons charged with a | 1731 |
misdemeanor or a felony other than a felony listed in division | 1732 |
(C)(1) of this section who are committed by the probate court | 1733 |
subsequent to the court's or prosecutor's filing of an affidavit | 1734 |
for civil commitment under authority of this division: | 1735 |
Sec. 2945.39. (A) If a defendant who is charged with an | 1767 |
offense described in division (C)(1) of section 2945.38 of the | 1768 |
Revised Code is found incompetent to stand trial, after the | 1769 |
expiration of the maximum time for treatment as specified in | 1770 |
division (C) of that section or after the court finds that there | 1771 |
is not a substantial probability that the defendant will become | 1772 |
competent to stand trial even if the defendant is provided with a | 1773 |
course of treatment, one of the following applies: | 1774 |
(1) The court or the prosecutor may file an affidavit in | 1775 |
probate court for civil commitment of the defendant in the manner | 1776 |
provided in Chapter 5122. or 5123. of the Revised Code. If the | 1777 |
court or prosecutor files an affidavit for civil commitment, the | 1778 |
court may detain the defendant for ten days pending civil | 1779 |
commitment. If the probate court commits the defendant subsequent | 1780 |
to the court's or prosecutor's filing of an affidavit for civil | 1781 |
commitment, the chief clinical officer of the entity, hospital, or | 1782 |
facility, the managing officer of the institution, or the person | 1783 |
to which the defendant is committed or admitted shall send to the | 1784 |
prosecutor the notices described in divisions (H)(4)(a)(i) to | 1785 |
(iii) of section 2945.38 of the Revised Code within the periods of | 1786 |
time and under the circumstances specified in those divisions. | 1787 |
(B) In making its determination under division (A)(2) of this | 1797 |
section as to whether to retain jurisdiction over the defendant, | 1798 |
the court may consider all relevant evidence, including, but not | 1799 |
limited to, any relevant psychiatric, psychological, or medical | 1800 |
testimony or reports, the acts constituting the offense charged, | 1801 |
and any history of the defendant that is relevant to the | 1802 |
defendant's ability to conform to the law. | 1803 |
(C) If the court conducts a hearing as described in division | 1804 |
(A)(2) of this section and if the court does not make both | 1805 |
findings described in divisions (A)(2)(a) and (b) of this section | 1806 |
by clear and convincing evidence, the court shall dismiss the | 1807 |
indictment, information, or complaint against the defendant. Upon | 1808 |
the dismissal, the court shall discharge the defendant unless the | 1809 |
court or prosecutor files an affidavit in probate court for civil | 1810 |
commitment of the defendant pursuant to Chapter 5122. or 5123. of | 1811 |
the Revised Code. If the court or prosecutor files an affidavit | 1812 |
for civil commitment, the court may order that the defendant be | 1813 |
detained for up to ten days pending the civil commitment. If the | 1814 |
probate court commits the defendant subsequent to the court's or | 1815 |
prosecutor's filing of an affidavit for civil commitment, the | 1816 |
chief clinical officer of the entity, hospital, or facility, the | 1817 |
managing officer of the institution, or the person to which the | 1818 |
defendant is committed or admitted shall send to the prosecutor | 1819 |
the notices described in divisions (H)(4)(a)(i) to (iii) of | 1820 |
section 2945.38 of the Revised Code within the periods of time and | 1821 |
under the circumstances specified in those divisions. A dismissal | 1822 |
of charges under this division is not a bar to further criminal | 1823 |
proceedings based on the same conduct. | 1824 |
(D)(1) If the court conducts a hearing as described in | 1825 |
division (A)(2) of this section and if the court makes the | 1826 |
findings described in divisions (A)(2)(a) and (b) of this section | 1827 |
by clear and convincing evidence, the court shall commit the | 1828 |
defendant, if determined to require mental health treatment, to | 1829 |
the department of mental health for treatment at a hospital, | 1830 |
facility, or agency as determined clinically appropriate by the | 1831 |
department of mental health or, if determined to require treatment | 1832 |
for developmental disabilities, to a facility operated by the | 1833 |
department of developmental disabilities, or another facility, as | 1834 |
appropriate. In committing the defendant to the department of | 1835 |
mental health, the court shall specify the least restrictive | 1836 |
limitations on the defendant's freedom of movement determined to | 1837 |
be necessary to protect public safety. In determining the place | 1838 |
and nature of the commitment to a facility operated by the | 1839 |
department of developmental disabilities or another facility for | 1840 |
treatment of developmental disabilities, the court shall order the | 1841 |
least restrictive commitment alternative available that is | 1842 |
consistent with public safety and the welfare of the defendant. In | 1843 |
weighing these factors, the court shall give preference to | 1844 |
protecting public safety. | 1845 |
(2) If a court makes a commitment of a defendant under | 1846 |
division (D)(1) of this section, the prosecutor shall send to the | 1847 |
hospital, facility, or agency where the defendant is placed by the | 1848 |
department of mental health or to the defendant's place of | 1849 |
commitment all reports of the defendant's current mental condition | 1850 |
and, except as otherwise provided in this division, any other | 1851 |
relevant information, including, but not limited to, a transcript | 1852 |
of the hearing held pursuant to division (A)(2) of this section, | 1853 |
copies of relevant police reports, and copies of any prior arrest | 1854 |
and conviction records that pertain to the defendant and that the | 1855 |
prosecutor possesses. The prosecutor shall send the reports of the | 1856 |
defendant's current mental condition in every case of commitment, | 1857 |
and, unless the prosecutor determines that the release of any of | 1858 |
the other relevant information to unauthorized persons would | 1859 |
interfere with the effective prosecution of any person or would | 1860 |
create a substantial risk of harm to any person, the prosecutor | 1861 |
also shall send the other relevant information. | 1862 |
Sec. 2945.40. (A) If a person is found not guilty by reason | 1866 |
of insanity, the verdict shall state that finding, and the trial | 1867 |
court shall conduct a full hearing to determine whether the person | 1868 |
is a mentally ill person subject to hospitalization by court order | 1869 |
or a mentally retarded person subject to institutionalization by | 1870 |
court order. Prior to the hearing, if the trial judge believes | 1871 |
that there is probable cause that the person found not guilty by | 1872 |
reason of insanity is a mentally ill person subject to | 1873 |
hospitalization by court order or mentally retarded person subject | 1874 |
to institutionalization by court order, the trial judge may issue | 1875 |
a temporary order of detention for that person to remain in effect | 1876 |
for ten court days or until the hearing, whichever occurs first. | 1877 |
(B) The court shall hold the hearing under division (A) of | 1882 |
this section to determine whether the person found not guilty by | 1883 |
reason of insanity is a mentally ill person subject to | 1884 |
hospitalization by court order or a mentally retarded person | 1885 |
subject to institutionalization by court order within ten court | 1886 |
days after the finding of not guilty by reason of insanity. | 1887 |
Failure to conduct the hearing within the ten-day period shall | 1888 |
cause the immediate discharge of the respondent, unless the judge | 1889 |
grants a continuance for not longer than ten court days for good | 1890 |
cause shown or for any period of time upon motion of the | 1891 |
respondent. | 1892 |
(D) The hearing under division (A) of this section shall be | 1918 |
open to the public, and the court shall conduct the hearing in | 1919 |
accordance with the Rules of Civil Procedure. The court shall make | 1920 |
and maintain a full transcript and record of the hearing | 1921 |
proceedings. The court may consider all relevant evidence, | 1922 |
including, but not limited to, any relevant psychiatric, | 1923 |
psychological, or medical testimony or reports, the acts | 1924 |
constituting the offense in relation to which the person was found | 1925 |
not guilty by reason of insanity, and any history of the person | 1926 |
that is relevant to the person's ability to conform to the law. | 1927 |
(E) Upon completion of the hearing under division (A) of this | 1928 |
section, if the court finds there is not clear and convincing | 1929 |
evidence that the person is a mentally ill person subject to | 1930 |
hospitalization by court order or a mentally retarded person | 1931 |
subject to institutionalization by court order, the court shall | 1932 |
discharge the person, unless a detainer has been placed upon the | 1933 |
person by the department of rehabilitation and correction, in | 1934 |
which case the person shall be returned to that department. | 1935 |
(F) If, at the hearing under division (A) of this section, | 1936 |
the court finds by clear and convincing evidence that the person | 1937 |
is a mentally ill person subject to hospitalization by court | 1938 |
order, the court shall commit the person to the department of | 1939 |
mental health for placement in a hospital, facility, or agency as | 1940 |
determined clinically appropriate by the department of mental | 1941 |
health. If, at the hearing under division (A) of this section, the | 1942 |
court finds by clear and convincing evidence that the person is a | 1943 |
mentally retarded person subject to institutionalization by court | 1944 |
order, it shall commit the person to a facility operated by the | 1945 |
department of developmental disabilities or another facility, as | 1946 |
appropriate. Further proceedings shall be in accordance with | 1947 |
sections 2945.401 and 2945.402 of the Revised Code. In committing | 1948 |
the person to the department of mental health, the court shall | 1949 |
specify the least restrictive limitations to the defendant's | 1950 |
freedom of movement determined to be necessary to protect public | 1951 |
safety. In determining the place and nature of the commitment of a | 1952 |
mentally retarded person subject to institutionalization by court | 1953 |
order, the court shall order the least restrictive commitment | 1954 |
alternative available that is consistent with public safety and | 1955 |
the welfare of the person. In weighing these factors, the court | 1956 |
shall give preference to protecting public safety. | 1957 |
(G) If a court makes a commitment of a person under division | 1958 |
(F) of this section, the prosecutor shall send to the hospital, | 1959 |
facility, or agency where the person is placed by the department | 1960 |
of mental health or to the defendant's place of commitment all | 1961 |
reports of the person's current mental condition, and, except as | 1962 |
otherwise provided in this division, any other relevant | 1963 |
information, including, but not limited to, a transcript of the | 1964 |
hearing held pursuant to division (A) of this section, copies of | 1965 |
relevant police reports, and copies of any prior arrest and | 1966 |
conviction records that pertain to the person and that the | 1967 |
prosecutor possesses. The prosecutor shall send the reports of the | 1968 |
person's current mental condition in every case of commitment, | 1969 |
and, unless the prosecutor determines that the release of any of | 1970 |
the other relevant information to unauthorized persons would | 1971 |
interfere with the effective prosecution of any person or would | 1972 |
create a substantial risk of harm to any person, the prosecutor | 1973 |
also shall send the other relevant information. | 1974 |
Sec. 2945.401. (A) A defendant found incompetent to stand | 1979 |
trial and committed pursuant to section 2945.39 of the Revised | 1980 |
Code or a person found not guilty by reason of insanity and | 1981 |
committed pursuant to section 2945.40 of the Revised Code shall | 1982 |
remain subject to the jurisdiction of the trial court pursuant to | 1983 |
that commitment, and to the provisions of this section, until the | 1984 |
final termination of the commitment as described in division | 1985 |
(J)(1) of this section. If the jurisdiction is terminated under | 1986 |
this division because of the final termination of the commitment | 1987 |
resulting from the expiration of the maximum prison term or term | 1988 |
of imprisonment described in division (J)(1)(b) of this section, | 1989 |
the court or prosecutor may file an affidavit for the civil | 1990 |
commitment of the defendant or person pursuant to Chapter 5122. or | 1991 |
5123. of the Revised Code. | 1992 |
(B) A hearing conducted under any provision of sections | 1993 |
2945.37 to 2945.402 of the Revised Code shall not be conducted in | 1994 |
accordance with Chapters 5122. and 5123. of the Revised Code. Any | 1995 |
person who is committed pursuant to section 2945.39 or 2945.40 of | 1996 |
the Revised Code shall not voluntarily admit the person or be | 1997 |
voluntarily admitted to a hospital or institution pursuant to | 1998 |
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code. | 1999 |
All other provisions of Chapters 5122. and 5123. of the Revised | 2000 |
Code regarding hospitalization or institutionalization shall apply | 2001 |
to the extent they are not in conflict with this chapter. A | 2002 |
commitment under section 2945.39 or 2945.40 of the Revised Code | 2003 |
shall not be terminated and the conditions of the commitment shall | 2004 |
not be changed except as otherwise provided in division (D)(2) of | 2005 |
this section with respect to a mentally retarded person subject to | 2006 |
institutionalization by court order or except by order of the | 2007 |
trial court. | 2008 |
(C) The department of mental health or the institution or | 2009 |
facility to which a defendant or person has been committed under | 2010 |
section 2945.39 or 2945.40 of the Revised Code shall report in | 2011 |
writing to the trial court, at the times specified in this | 2012 |
division, as to whether the defendant or person remains a mentally | 2013 |
ill person subject to hospitalization by court order or a mentally | 2014 |
retarded person subject to institutionalization by court order | 2015 |
and, in the case of a defendant committed under section 2945.39 of | 2016 |
the Revised Code, as to whether the defendant remains incompetent | 2017 |
to stand trial. The department, institution, or facility shall | 2018 |
make the reports after the initial six months of treatment and | 2019 |
every two years after the initial report is made. The trial court | 2020 |
shall provide copies of the reports to the prosecutor and to the | 2021 |
counsel for the defendant or person. Within thirty days after its | 2022 |
receipt pursuant to this division of a report from the department, | 2023 |
institution, or facility, the trial court shall hold a hearing on | 2024 |
the continued commitment of the defendant or person or on any | 2025 |
changes in the conditions of the commitment of the defendant or | 2026 |
person. The defendant or person may request a change in the | 2027 |
conditions of confinement, and the trial court shall conduct a | 2028 |
hearing on that request if six months or more have elapsed since | 2029 |
the most recent hearing was conducted under this section. | 2030 |
(D)(1) Except as otherwise provided in division (D)(2) of | 2031 |
this section, when a defendant or person has been committed under | 2032 |
section 2945.39 or 2945.40 of the Revised Code, at any time after | 2033 |
evaluating the risks to public safety and the welfare of the | 2034 |
defendant or person, the designee of the department of mental | 2035 |
health or the managing officer of the institution or director of | 2036 |
the facility to which the defendant or person is committed may | 2037 |
recommend a termination of the defendant's or person's commitment | 2038 |
or a change in the conditions of the defendant's or person's | 2039 |
commitment. | 2040 |
(a) If the department's designee recommends on-grounds | 2047 |
unsupervised movement or off-grounds supervised movement, the | 2048 |
department's designee shall file with the trial court an | 2049 |
application for approval of the movement and shall send a copy of | 2050 |
the application to the prosecutor. Within fifteen days after | 2051 |
receiving the application, the prosecutor may request a hearing on | 2052 |
the application and, if a hearing is requested, shall so inform | 2053 |
the department's designee. If the prosecutor does not request a | 2054 |
hearing within the fifteen-day period, the trial court shall | 2055 |
approve the application by entering its order approving the | 2056 |
requested movement or, within five days after the expiration of | 2057 |
the fifteen-day period, shall set a date for a hearing on the | 2058 |
application. If the prosecutor requests a hearing on the | 2059 |
application within the fifteen-day period, the trial court shall | 2060 |
hold a hearing on the application within thirty days after the | 2061 |
hearing is requested. If the trial court, within five days after | 2062 |
the expiration of the fifteen-day period, sets a date for a | 2063 |
hearing on the application, the trial court shall hold the hearing | 2064 |
within thirty days after setting the hearing date. At least | 2065 |
fifteen days before any hearing is held under this division, the | 2066 |
trial court shall give the prosecutor written notice of the date, | 2067 |
time, and place of the hearing. At the conclusion of each hearing | 2068 |
conducted under this division, the trial court either shall | 2069 |
approve or disapprove the application and shall enter its order | 2070 |
accordingly. | 2071 |
(b) If the department's designee recommends termination of | 2072 |
the defendant's or person's commitment at any time or if the | 2073 |
department's designee recommends the first of any nonsecured | 2074 |
status for the defendant or person, the department's designee | 2075 |
shall send written notice of this recommendation to the trial | 2076 |
court and to the local forensic center. The local forensic center | 2077 |
shall evaluate the committed defendant or person and, within | 2078 |
thirty days after its receipt of the written notice, shall submit | 2079 |
to the trial court and the department's designee a written report | 2080 |
of the evaluation. The trial court shall provide a copy of the | 2081 |
department's designee's written notice and of the local forensic | 2082 |
center's written report to the prosecutor and to the counsel for | 2083 |
the defendant or person. Upon the local forensic center's | 2084 |
submission of the report to the trial court and the department's | 2085 |
designee, all of the following apply: | 2086 |
(i) If the forensic center disagrees with the recommendation | 2087 |
of the department's designee, it shall inform the department's | 2088 |
designee and the trial court of its decision and the reasons for | 2089 |
the decision. The department's designee, after consideration of | 2090 |
the forensic center's decision, shall either withdraw, proceed | 2091 |
with, or modify and proceed with the recommendation. If the | 2092 |
department's designee proceeds with, or modifies and proceeds | 2093 |
with, the recommendation, the department's designee shall proceed | 2094 |
in accordance with division (D)(1)(b)(iii) of this section. | 2095 |
(iii) If the forensic center disagrees with the | 2101 |
recommendation of the department's designee and the department's | 2102 |
designee proceeds with, or modifies and proceeds with, the | 2103 |
recommendation or if the forensic center agrees with the | 2104 |
recommendation of the department's designee, the department's | 2105 |
designee shall work with community mental health agencies, | 2106 |
programs, facilities, or boards of alcohol, drug addiction, and | 2107 |
mental health services to develop a plan to implement the | 2108 |
recommendation. If the defendant or person is on medication, the | 2109 |
plan shall include, but shall not be limited to, a system to | 2110 |
monitor the defendant's or person's compliance with the prescribed | 2111 |
medication treatment plan. The system shall include a schedule | 2112 |
that clearly states when the defendant or person shall report for | 2113 |
a medication compliance check. The medication compliance checks | 2114 |
shall be based upon the effective duration of the prescribed | 2115 |
medication, taking into account the route by which it is taken, | 2116 |
and shall be scheduled at intervals sufficiently close together to | 2117 |
detect a potential increase in mental illness symptoms that the | 2118 |
medication is intended to prevent. | 2119 |
(b) If, pursuant to section 2945.39 of the Revised Code, the | 2151 |
trial court commits a defendant who is found incompetent to stand | 2152 |
trial and who is a mentally retarded person subject to | 2153 |
institutionalization by court order, if the defendant is being | 2154 |
provided residential habilitation, care, and treatment in a | 2155 |
facility operated by the department of developmental disabilities, | 2156 |
if an individual who is conducting a survey for the department of | 2157 |
health to determine the facility's compliance with the | 2158 |
certification requirements of the medicaid program under Chapter | 2159 |
5111. of the Revised Code and Title XIX of the "Social Security | 2160 |
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the | 2161 |
defendant's receipt of the residential habilitation, care, and | 2162 |
treatment in the facility as being inappropriate under the | 2163 |
certification requirements, if the defendant's receipt of the | 2164 |
residential habilitation, care, and treatment in the facility | 2165 |
potentially jeopardizes the facility's continued receipt of | 2166 |
federal medicaid moneys, and if as a result of the citation the | 2167 |
chief clinical officer of the facility determines that the | 2168 |
conditions of the defendant's commitment should be changed, the | 2169 |
department of developmental disabilities may cause the defendant | 2170 |
to be removed from the particular facility and, after evaluating | 2171 |
the risks to public safety and the welfare of the defendant and | 2172 |
after determining whether another type of placement is consistent | 2173 |
with the certification requirements, may place the defendant in | 2174 |
another facility that the department selects as an appropriate | 2175 |
facility for the defendant's continued receipt of residential | 2176 |
habilitation, care, and treatment and that is a no less secure | 2177 |
setting than the facility in which the defendant had been placed | 2178 |
at the time of the citation. Within three days after the | 2179 |
defendant's removal and alternative placement under the | 2180 |
circumstances described in division (D)(2)(b) of this section, the | 2181 |
department of developmental disabilities shall notify the trial | 2182 |
court and the prosecutor in writing of the removal and alternative | 2183 |
placement. | 2184 |
The trial court shall set a date for a hearing on the removal | 2185 |
and alternative placement, and the hearing shall be held within | 2186 |
twenty-one days after the trial court's receipt of the notice from | 2187 |
the department of developmental disabilities. At least ten days | 2188 |
before the hearing is held, the trial court shall give the | 2189 |
prosecutor, the department of developmental disabilities, and the | 2190 |
counsel for the defendant written notice of the date, time, and | 2191 |
place of the hearing. At the hearing, the trial court shall | 2192 |
consider the citation issued by the individual who conducted the | 2193 |
survey for the department of health to be prima-facie evidence of | 2194 |
the fact that the defendant's commitment to the particular | 2195 |
facility was inappropriate under the certification requirements of | 2196 |
the medicaid program under Chapter 5111. of the Revised Code and | 2197 |
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 2198 |
U.S.C.A. 301, as amended, and potentially jeopardizes the | 2199 |
particular facility's continued receipt of federal medicaid | 2200 |
moneys. At the conclusion of the hearing, the trial court may | 2201 |
approve or disapprove the defendant's removal and alternative | 2202 |
placement. If the trial court approves the defendant's removal and | 2203 |
alternative placement, the department of developmental | 2204 |
disabilities may continue the defendant's alternative placement. | 2205 |
If the trial court disapproves the defendant's removal and | 2206 |
alternative placement, it shall enter an order modifying the | 2207 |
defendant's removal and alternative placement, but that order | 2208 |
shall not require the department of developmental disabilities to | 2209 |
replace the defendant for purposes of continued residential | 2210 |
habilitation, care, and treatment in the facility associated with | 2211 |
the citation issued by the individual who conducted the survey for | 2212 |
the department of health. | 2213 |
(2)(a) If a defendant is found incompetent to stand trial and | 2281 |
committed pursuant to section 2945.39 of the Revised Code, if | 2282 |
neither of the circumstances described in divisions (J)(1)(a) and | 2283 |
(b) of this section applies to that defendant, and if a report | 2284 |
filed with the trial court pursuant to division (C) of this | 2285 |
section indicates that the defendant presently is competent to | 2286 |
stand trial or if, at any other time during the period of the | 2287 |
defendant's commitment, the prosecutor, the counsel for the | 2288 |
defendant, or the designee of the department of mental health or | 2289 |
the managing officer of the institution or director of the | 2290 |
facility to which the defendant is committed files an application | 2291 |
with the trial court alleging that the defendant presently is | 2292 |
competent to stand trial and requesting a hearing on the | 2293 |
competency issue or the trial court otherwise has reasonable cause | 2294 |
to believe that the defendant presently is competent to stand | 2295 |
trial and determines on its own motion to hold a hearing on the | 2296 |
competency issue, the trial court shall schedule a hearing on the | 2297 |
competency of the defendant to stand trial, shall give the | 2298 |
prosecutor, the counsel for the defendant, and the department's | 2299 |
designee or the managing officer of the institution or the | 2300 |
director of the facility to which the defendant is committed | 2301 |
notice of the date, time, and place of the hearing at least | 2302 |
fifteen days before the hearing, and shall conduct the hearing | 2303 |
within thirty days of the filing of the application or of its own | 2304 |
motion. If, at the conclusion of the hearing, the trial court | 2305 |
determines that the defendant presently is capable of | 2306 |
understanding the nature and objective of the proceedings against | 2307 |
the defendant and of assisting in the defendant's defense, the | 2308 |
trial court shall order that the defendant is competent to stand | 2309 |
trial and shall be proceeded against as provided by law with | 2310 |
respect to the applicable offenses described in division (C)(1) of | 2311 |
section 2945.38 of the Revised Code and shall enter whichever of | 2312 |
the following additional orders is appropriate: | 2313 |
(ii) If the trial court determines that the defendant no | 2323 |
longer is a mentally ill person subject to hospitalization by | 2324 |
court order or a mentally retarded person subject to | 2325 |
institutionalization by court order, the trial court shall order | 2326 |
that the defendant's commitment to the department of mental health | 2327 |
or to an institution or facility for the treatment of | 2328 |
developmental disabilities shall not be continued during the | 2329 |
pendency of the trial on the applicable offenses described in | 2330 |
division (C)(1) of section 2945.38 of the Revised Code. This order | 2331 |
shall be a final termination of the commitment for purposes of | 2332 |
division (J)(1)(c) of this section. | 2333 |
(b) If, at the conclusion of the hearing described in | 2334 |
division (J)(2)(a) of this section, the trial court determines | 2335 |
that the defendant remains incapable of understanding the nature | 2336 |
and objective of the proceedings against the defendant or of | 2337 |
assisting in the defendant's defense, the trial court shall order | 2338 |
that the defendant continues to be incompetent to stand trial, | 2339 |
that the defendant's commitment to the department of mental health | 2340 |
or to an institution or facility for the treatment of | 2341 |
developmental disabilities shall be continued, and that the | 2342 |
defendant remains subject to the jurisdiction of the trial court | 2343 |
pursuant to that commitment, and to the provisions of this | 2344 |
section, until the final termination of the commitment as | 2345 |
described in division (J)(1) of this section. | 2346 |
Sec. 2967.22. Whenever it is brought to the attention of the | 2347 |
adult parole authority or a department of probation that a | 2348 |
parolee, person under a community control sanction, person under | 2349 |
transitional control, or releasee appears to be a mentally ill | 2350 |
person subject to hospitalization by court order, as defined in | 2351 |
section 5122.01 of the Revised Code, or a mentally retarded person | 2352 |
subject to institutionalization by court order, as defined in | 2353 |
section 5123.01 of the Revised Code, the parole or probation | 2354 |
officer, subject to the approval of the chief of the adult parole | 2355 |
authority, the designee of the chief of the adult parole | 2356 |
authority, or the chief probation officer, may file an affidavit | 2357 |
under section 5122.11 or 5123.71 of the Revised Code. A parolee, | 2358 |
person under a community control sanction, or releasee who is | 2359 |
involuntarily detained under Chapter 5122. or 5123. of the Revised | 2360 |
Code shall receive credit against the period of parole or | 2361 |
community control or the term of post-release control for the | 2362 |
period of involuntary detention. | 2363 |
If a parolee, person under a community control sanction, | 2364 |
person under transitional control, or releasee escapes from an | 2365 |
institution or facility within the department of mental health or | 2366 |
the department of developmental disabilities, the superintendent | 2367 |
of the institution immediately shall notify the chief of the adult | 2368 |
parole authority or the chief probation officer. Notwithstanding | 2369 |
the provisions of section 5122.26 of the Revised Code, the | 2370 |
procedure for the apprehension, detention, and return of the | 2371 |
parolee, person under a community control sanction, person under | 2372 |
transitional control, or releasee is the same as that provided for | 2373 |
the apprehension, detention, and return of persons who escape from | 2374 |
institutions operated by the department of rehabilitation and | 2375 |
correction. If the escaped parolee, person under transitional | 2376 |
control, or releasee is not apprehended and returned to the | 2377 |
custody of the department of mental health or the department of | 2378 |
developmental disabilities within ninety days after the escape, | 2379 |
the parolee, person under transitional control, or releasee shall | 2380 |
be discharged from the custody of the department of mental health | 2381 |
or the department of developmental disabilities and returned to | 2382 |
the custody of the department of rehabilitation and correction. If | 2383 |
the escaped person under a community control sanction is not | 2384 |
apprehended and returned to the custody of the department of | 2385 |
mental health or the department of developmental disabilities | 2386 |
within ninety days after the escape, the person under a community | 2387 |
control sanction shall be discharged from the custody of the | 2388 |
department of mental health or the department of developmental | 2389 |
disabilities and returned to the custody of the court that | 2390 |
sentenced that person. | 2391 |
Sec. 5119.23. The department of mental health may examine | 2392 |
into, with or without expert assistance, the question of the | 2393 |
mental and physical condition of any person committed to or | 2394 |
involuntarily confined in any hospital for the mentally ill, or | 2395 |
restrained of his liberty at any place within this state by reason | 2396 |
of alleged mental illness and may order and compel the discharge | 2397 |
of any such person who is not a mentally ill person subject to | 2398 |
hospitalization by court order as defined in division (B) of | 2399 |
section 5122.01 of the Revised Code and direct what disposition | 2400 |
shall be made of himthe person. The order of discharge shall be | 2401 |
signed by the director of mental health. Upon receipt of such | 2402 |
order by the superintendent or other person in charge of the | 2403 |
building in which the person named in such order is confined, such | 2404 |
person shall forthwith be discharged or otherwise disposed of | 2405 |
according to the terms of said order, and any further or other | 2406 |
detention of such person is unlawful. No such order shall be made | 2407 |
in favor of any person committed and held for trial on a criminal | 2408 |
charge, in confinement by an order of a judge or court made in a | 2409 |
criminal proceeding, or in any case unless notice is given to the | 2410 |
superintendent or other person having charge of the building in | 2411 |
which the alleged mentally ill person is detained, and a | 2412 |
reasonable opportunity is allowed the person in charge to justify | 2413 |
further detention of the person confined. | 2414 |
(3) "Psychiatric hospital" means all or part of a facility | 2443 |
that is operated and managed by the department of mental health to | 2444 |
provide psychiatric hospitalization services in accordance with | 2445 |
the requirements of this section pursuant to an agreement between | 2446 |
the directors of rehabilitation and correction and mental health | 2447 |
or, is licensed by the department of mental health pursuant to | 2448 |
section 5119.20 of the Revised Code as a psychiatric hospital and | 2449 |
is accredited by a healthcare accrediting organization approved by | 2450 |
the department of mental health and the psychiatric hospital is | 2451 |
any of the following: | 2452 |
(b) An independent decision-maker who presides over any | 2498 |
hearing or issues any order pursuant to this section shall be a | 2499 |
psychiatrist, psychologist, or attorney, shall not be specifically | 2500 |
associated with the institution in which the inmate who is the | 2501 |
subject of the hearing or order resides at the time of the hearing | 2502 |
or order, and previously shall not have had any treatment | 2503 |
relationship with nor have represented in any legal proceeding the | 2504 |
inmate who is the subject of the order. | 2505 |
(B)(1) Except as provided in division (C) of this section, if | 2506 |
the warden of a state correctional institution or the warden's | 2507 |
designee believes that an inmate should be transferred from the | 2508 |
institution to a psychiatric hospital, the department shall hold a | 2509 |
hearing to determine whether the inmate is a mentally ill person | 2510 |
subject to hospitalization. The department shall conduct the | 2511 |
hearing at the state correctional institution in which the inmate | 2512 |
is confined, and the department shall provide qualified | 2513 |
independent assistance to the inmate for the hearing. An | 2514 |
independent decision-maker provided by the department shall | 2515 |
preside at the hearing and determine whether the inmate is a | 2516 |
mentally ill person subject to hospitalization. | 2517 |
(2) Except as provided in division (C) of this section, prior | 2518 |
to the hearing held pursuant to division (B)(1) of this section, | 2519 |
the warden or the warden's designee shall give written notice to | 2520 |
the inmate that the department is considering transferring the | 2521 |
inmate to a psychiatric hospital, that it will hold a hearing on | 2522 |
the proposed transfer at which the inmate may be present, that at | 2523 |
the hearing the inmate has the rights described in division (B)(3) | 2524 |
of this section, and that the department will provide qualified | 2525 |
independent assistance to the inmate with respect to the hearing. | 2526 |
The department shall not hold the hearing until the inmate has | 2527 |
received written notice of the proposed transfer and has had | 2528 |
sufficient time to consult with the person appointed by the | 2529 |
department to provide assistance to the inmate and to prepare for | 2530 |
a presentation at the hearing. | 2531 |
(4) If the independent decision-maker does not find clear and | 2540 |
convincing evidence that the inmate is a mentally ill person | 2541 |
subject to hospitalization, the department shall not transfer the | 2542 |
inmate to a psychiatric hospital but shall continue to confine the | 2543 |
inmate in the same state correctional institution or in another | 2544 |
state correctional institution that the department considers | 2545 |
appropriate. If the independent decision-maker finds clear and | 2546 |
convincing evidence that the inmate is a mentally ill person | 2547 |
subject to hospitalization, the decision-maker shall order that | 2548 |
the inmate be transported to a psychiatric hospital for | 2549 |
observation and treatment for a period of not longer than thirty | 2550 |
days. After the hearing, the independent decision-maker shall | 2551 |
submit to the department a written decision that states one of the | 2552 |
findings described in division (B)(4) of this section, the | 2553 |
evidence that the decision-maker relied on in reaching that | 2554 |
conclusion, and, if the decision is that the inmate should be | 2555 |
transferred, the reasons for the transfer. | 2556 |
(C)(1) The department may transfer an inmate to a psychiatric | 2557 |
hospital under an emergency transfer order if the chief clinical | 2558 |
officer of mental health services of the department or that | 2559 |
officer's designee and either a psychiatrist employed or retained | 2560 |
by the department or, in the absence of a psychiatrist, a | 2561 |
psychologist employed or retained by the department determines | 2562 |
that the inmate is mentally ill, presents an immediate danger to | 2563 |
self or others, and requires hospital-level care. | 2564 |
(5) After an uncontested transfer under division (C)(2) of | 2589 |
this section, the inmate may withdraw consent to the transfer in | 2590 |
writing at any time. Upon the inmate's withdrawal of consent, the | 2591 |
hospital shall discharge the inmate, or, within five working days, | 2592 |
the department shall hold a hearing for continued hospitalization. | 2593 |
The department shall hold subsequent hearings pursuant to division | 2594 |
(F) of this section at the same time intervals as required for | 2595 |
inmate patients who are transported to a psychiatric hospital | 2596 |
under division (B)(4) of this section. | 2597 |
(D)(1) If an independent decision-maker, pursuant to division | 2598 |
(B)(4) of this section, orders an inmate transported to a | 2599 |
psychiatric hospital or if an inmate is transferred pursuant to | 2600 |
division (C)(1) or (2) of this section, the staff of the | 2601 |
psychiatric hospital shall examine the inmate patient when | 2602 |
admitted to the psychiatric hospital as soon as practicable after | 2603 |
the inmate patient arrives at the hospital and no later than | 2604 |
twenty-four hours after the time of arrival. The attending | 2605 |
physician responsible for the inmate patient's care shall give the | 2606 |
inmate patient all information necessary to enable the patient to | 2607 |
give a fully informed, intelligent, and knowing consent to the | 2608 |
treatment the inmate patient will receive in the hospital. The | 2609 |
attending physician shall tell the inmate patient the expected | 2610 |
physical and medical consequences of any proposed treatment and | 2611 |
shall give the inmate patient the opportunity to consult with | 2612 |
another psychiatrist at the hospital and with the inmate advisor. | 2613 |
(F) The department shall hold a hearing for the continued | 2656 |
hospitalization of an inmate patient who is transported or | 2657 |
transferred to a psychiatric hospital pursuant to division (B)(4) | 2658 |
or (C)(1) of this section prior to the expiration of the initial | 2659 |
thirty-day period of hospitalization. The department shall hold | 2660 |
any subsequent hearings, if necessary, not later than ninety days | 2661 |
after the first thirty-day hearing and then not later than each | 2662 |
one hundred and eighty days after the immediately prior hearing. | 2663 |
An independent decision-maker shall conduct the hearings at the | 2664 |
psychiatric hospital in which the inmate patient is confined. The | 2665 |
inmate patient shall be afforded all of the rights set forth in | 2666 |
this section for the hearing prior to transfer to the psychiatric | 2667 |
hospital. The department may not waive a hearing for continued | 2668 |
commitment. A hearing for continued commitment is mandatory for an | 2669 |
inmate patient transported or transferred to a psychiatric | 2670 |
hospital pursuant to division (B)(4) or (C)(1) of this section | 2671 |
unless the inmate patient has the capacity to make a reasoned | 2672 |
choice to execute a waiver and waives the hearing in writing. An | 2673 |
inmate patient who is transferred to a psychiatric hospital | 2674 |
pursuant to an uncontested transfer under division (C)(2) of this | 2675 |
section and who has scheduled hearings after withdrawal of consent | 2676 |
for hospitalization may waive any of the scheduled hearings if the | 2677 |
inmate has the capacity to make a reasoned choice and executes a | 2678 |
written waiver of the hearing. | 2679 |
If upon completion of the hearing the independent | 2680 |
decision-maker does not find by clear and convincing evidence that | 2681 |
the inmate patient is a mentally ill person subject to | 2682 |
hospitalization, the independent decision-maker shall order the | 2683 |
inmate patient's discharge from the psychiatric hospital. If the | 2684 |
independent decision-maker finds by clear and convincing evidence | 2685 |
that the inmate patient is a mentally ill person subject to | 2686 |
hospitalization, the independent decision-maker shall order that | 2687 |
the inmate patient remain at the psychiatric hospital for | 2688 |
continued hospitalization until the next required hearing. | 2689 |
(I) If an inmate patient who is a mentally ill person subject | 2705 |
to hospitalization is to be released from a psychiatric hospital | 2706 |
because of the expiration of the inmate patient's stated prison | 2707 |
term, the director of rehabilitation and correction or the | 2708 |
director's designee, at least fourteen days before the expiration | 2709 |
date, may file an affidavit under section 5122.11 or 5123.71 of | 2710 |
the Revised Code with the probate court in the county where the | 2711 |
psychiatric hospital is located or the probate court in the county | 2712 |
where the inmate will reside, alleging that the inmate patient is | 2713 |
a mentally ill person subject to hospitalization by court order or | 2714 |
a mentally retarded person subject to institutionalization by | 2715 |
court order, whichever is applicable. The proceedings in the | 2716 |
probate court shall be conducted pursuant to Chapter 5122. or | 2717 |
5123. of the Revised Code except as modified by this division. | 2718 |
Upon the request of the inmate patient, the probate court | 2719 |
shall grant the inmate patient an initial hearing under section | 2720 |
5122.141 of the Revised Code or a probable cause hearing under | 2721 |
section 5123.75 of the Revised Code before the expiration of the | 2722 |
stated prison term. After holding a full hearing, the probate | 2723 |
court shall make a disposition authorized by section 5122.15 or | 2724 |
5123.76 of the Revised Code before the date of the expiration of | 2725 |
the stated prison term. No inmate patient shall be held in the | 2726 |
custody of the department of rehabilitation and correction past | 2727 |
the date of the expiration of the inmate patient's stated prison | 2728 |
term. | 2729 |
(K) A certificate, application, record, or report that is | 2732 |
made in compliance with this section and that directly or | 2733 |
indirectly identifies an inmate or former inmate whose | 2734 |
hospitalization has been sought under this section is | 2735 |
confidential. No person shall disclose the contents of any | 2736 |
certificate, application, record, or report of that nature or any | 2737 |
other psychiatric or medical record or report regarding a mentally | 2738 |
ill inmate unless one of the following applies: | 2739 |
(4) Hospitals and other institutions and facilities within | 2750 |
the department of rehabilitation and correction may exchange | 2751 |
psychiatric records and other pertinent information with other | 2752 |
hospitals, institutions, and facilities of the department, but the | 2753 |
information that may be released about an inmate patient is | 2754 |
limited to medication history, physical health status and history, | 2755 |
summary of course of treatment in the hospital, summary of | 2756 |
treatment needs, and a discharge summary, if any. | 2757 |
(5) An inmate patient's family member who is involved in | 2758 |
planning, providing, and monitoring services to the inmate patient | 2759 |
may receive medication information, a summary of the inmate | 2760 |
patient's diagnosis and prognosis, and a list of the services and | 2761 |
personnel available to assist the inmate patient and family if the | 2762 |
attending physician determines that disclosure would be in the | 2763 |
best interest of the inmate patient. No disclosure shall be made | 2764 |
under this division unless the inmate patient is notified of the | 2765 |
possible disclosure, receives the information to be disclosed, and | 2766 |
does not object to the disclosure. | 2767 |
(6) The department of rehabilitation and correction may | 2768 |
exchange psychiatric hospitalization records, other mental health | 2769 |
treatment records, and other pertinent information with county | 2770 |
sheriffs' offices, hospitals, institutions, and facilities of the | 2771 |
department of mental health and with community mental health | 2772 |
agencies and boards of alcohol, drug addiction, and mental health | 2773 |
services with which the department of mental health has a current | 2774 |
agreement for patient care or services to ensure continuity of | 2775 |
care. Disclosure under this division is limited to records | 2776 |
regarding a mentally ill inmate's medication history, physical | 2777 |
health status and history, summary of course of treatment, summary | 2778 |
of treatment needs, and a discharge summary, if any. No office, | 2779 |
department, agency, or board shall disclose the records and other | 2780 |
information unless one of the following applies: | 2781 |
(C)(1) "Patient" means, subject to division (C)(2) of this | 2834 |
section, a person who is admitted either voluntarily or | 2835 |
involuntarily to a hospital or other place under section 2945.39, | 2836 |
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a | 2837 |
finding of not guilty by reason of insanity or incompetence to | 2838 |
stand trial or under this chapter, who is under observation or | 2839 |
receiving treatment in such place. | 2840 |
(E) "Psychiatrist" means a licensed physician who has | 2851 |
satisfactorily completed a residency training program in | 2852 |
psychiatry, as approved by the residency review committee of the | 2853 |
American medical association, the committee on post-graduate | 2854 |
education of the American osteopathic association, or the American | 2855 |
osteopathic board of neurology and psychiatry, or who on July 1, | 2856 |
1989, has been recognized as a psychiatrist by the Ohio state | 2857 |
medical association or the Ohio osteopathic association on the | 2858 |
basis of formal training and five or more years of medical | 2859 |
practice limited to psychiatry. | 2860 |
(1) Meets the educational requirements set forth in division | 2876 |
(B) of section 4732.10 of the Revised Code and has a minimum of | 2877 |
two years' full-time professional experience, or the equivalent as | 2878 |
determined by rule of the state board of psychology, at least one | 2879 |
year of which shall be a predoctoral internship, in clinical | 2880 |
psychological work in a public or private hospital or clinic or in | 2881 |
private practice, diagnosing and treating problems of mental | 2882 |
illness or mental retardation under the supervision of a | 2883 |
psychologist who is licensed or who holds a diploma issued by the | 2884 |
American board of professional psychology, or whose qualifications | 2885 |
are substantially similar to those required for licensure by the | 2886 |
state board of psychology when the supervision has occurred prior | 2887 |
to enactment of laws governing the practice of psychology; | 2888 |
(2) Meets the educational requirements set forth in division | 2889 |
(B) of section 4732.15 of the Revised Code and has a minimum of | 2890 |
four years' full-time professional experience, or the equivalent | 2891 |
as determined by rule of the state board of psychology, in | 2892 |
clinical psychological work in a public or private hospital or | 2893 |
clinic or in private practice, diagnosing and treating problems of | 2894 |
mental illness or mental retardation under supervision, as set | 2895 |
forth in division (I)(1) of this section. | 2896 |
(K) "Chief clinical officer" means the medical director of a | 2902 |
hospital, or a community mental health agency, or a board of | 2903 |
alcohol, drug addiction, and mental health services, or, if there | 2904 |
is no medical director, the licensed physician responsible for the | 2905 |
treatment a hospital or community mental health agency provides. | 2906 |
The chief clinical officer may delegate to the attending physician | 2907 |
responsible for a patient's care the duties imposed on the chief | 2908 |
clinical officer by this chapter. Within a community mental health | 2909 |
agency, the chief clinical officer shall be designated by the | 2910 |
governing body of the agency and shall be a licensed physician or | 2911 |
licensed clinical psychologist who supervises diagnostic and | 2912 |
treatment services. A licensed physician or licensed clinical | 2913 |
psychologist designated by the chief clinical officer may perform | 2914 |
the duties and accept the responsibilities of the chief clinical | 2915 |
officer in the chief clinical officer's absence. | 2916 |
(U) "Prosecutor" means the prosecuting attorney, village | 2969 |
solicitor, city director of law, or similar chief legal officer | 2970 |
who prosecuted a criminal case in which a person was found not | 2971 |
guilty by reason of insanity, who would have had the authority to | 2972 |
prosecute a criminal case against a person if the person had not | 2973 |
been found incompetent to stand trial, or who prosecuted a case in | 2974 |
which a person was found guilty. | 2975 |
(V) "Treatment plan" means a written statement of reasonable | 2976 |
objectives and goals for an individual established by the | 2977 |
treatment team, with specific criteria to evaluate progress | 2978 |
towards achieving those objectives. The active participation of | 2979 |
the patient in establishing the objectives and goals shall be | 2980 |
documented. The treatment plan shall be based on patient needs and | 2981 |
include services to be provided to the patient while the patient | 2982 |
is hospitalized and, after the patient is discharged, or in an | 2983 |
outpatient setting. The treatment plan shall address services to | 2984 |
be provided upon discharge, including. The services may include, | 2985 |
but are not limited to housing,
financial, and vocational | 2986 |
servicesall of the following: | 2987 |
(B) The chief clinical officer of the hospital, within three | 3013 |
court days from the receipt of the request for release, files or | 3014 |
causes to be filed with the court of the county where the patient | 3015 |
is hospitalized or of the county where the patient is a resident, | 3016 |
an affidavit under section 5122.11 of the Revised Code. Release | 3017 |
may be postponed until the hearing held under section 5122.141 of | 3018 |
the Revised Code. A telephone communication within three court | 3019 |
days from the receipt of the request for release from the chief | 3020 |
clinical officer to the court, indicating that the required | 3021 |
affidavit has been mailed, is sufficient compliance with the time | 3022 |
limit for filing such affidavit. | 3023 |
Upon application for such admission, the chief clinical | 3057 |
officer of a hospital immediately shall notify the board of the | 3058 |
patient's county of residence. To assist the hospital in | 3059 |
determining whether the patient is subject to involuntary | 3060 |
hospitalization and whether alternative services are available, | 3061 |
the board or an agency the board designates promptly shall assess | 3062 |
the patient unless the board or agency already has performed such | 3063 |
assessment, or unless the commitment is pursuant to section | 3064 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 3065 |
Code. | 3066 |
Sec. 5122.10. Any psychiatrist, licensed clinical | 3091 |
psychologist, licensed physician, health officer, parole officer, | 3092 |
police officer, or sheriff may take a person into custody, or the | 3093 |
chief of the adult parole authority or a parole or probation | 3094 |
officer with the approval of the chief of the authority may take a | 3095 |
parolee, an offender under a community control sanction or a | 3096 |
post-release control sanction, or an offender under transitional | 3097 |
control into custody and may immediately transport the parolee, | 3098 |
offender on community control or post-release control, or offender | 3099 |
under transitional control to a hospital or, notwithstanding | 3100 |
section 5119.20 of the Revised Code, to a general hospital not | 3101 |
licensed by the department of mental health where the parolee, | 3102 |
offender on community control or post-release control, or offender | 3103 |
under transitional control may be held for the period prescribed | 3104 |
in this section, if the psychiatrist, licensed clinical | 3105 |
psychologist, licensed physician, health officer, parole officer, | 3106 |
police officer, or sheriff has reason to believe that the person | 3107 |
is a mentally ill person subject to hospitalization by court order | 3108 |
under division (B) of section 5122.01 of the Revised Code, and | 3109 |
represents a substantial risk of physical harm to self or others | 3110 |
if allowed to remain at liberty pending examination. | 3111 |
A written statement shall be given to such hospital by the | 3112 |
transporting psychiatrist, licensed clinical psychologist, | 3113 |
licensed physician, health officer, parole officer, police | 3114 |
officer, chief of the adult parole authority, parole or probation | 3115 |
officer, or sheriff stating the circumstances under which such | 3116 |
person was taken into custody and the reasons for the | 3117 |
psychiatrist's, licensed clinical psychologist's, licensed | 3118 |
physician's, health officer's, parole officer's, police officer's, | 3119 |
chief of the adult parole authority's, parole or probation | 3120 |
officer's, or sheriff's belief. This statement shall be made | 3121 |
available to the respondent or the respondent's attorney upon | 3122 |
request of either. | 3123 |
Every reasonable and appropriate effort shall be made to take | 3124 |
persons into custody in the least conspicuous manner possible. A | 3125 |
person taking the respondent into custody pursuant to this section | 3126 |
shall explain to the respondent: the name, professional | 3127 |
designation, and agency affiliation of the person taking the | 3128 |
respondent into custody; that the custody-taking is not a criminal | 3129 |
arrest; and that the person is being taken for examination by | 3130 |
mental health professionals at a specified mental health facility | 3131 |
identified by name. | 3132 |
If a person taken into custody under this section is | 3133 |
transported to a general hospital, the general hospital may admit | 3134 |
the person, or provide care and treatment for the person, or both, | 3135 |
notwithstanding section 5119.20 of the Revised Code, but by the | 3136 |
end of twenty-four hours after arrival at the general hospital, | 3137 |
the person shall be transferred to a hospital as defined in | 3138 |
section 5122.01 of the Revised Code. | 3139 |
A person transported or transferred to a hospital or | 3140 |
community mental health agency under this section shall be | 3141 |
examined by the staff of the hospital or agency within twenty-four | 3142 |
hours after arrival at the hospital or agency. If to conduct the | 3143 |
examination requires that the person remain overnight, the | 3144 |
hospital or agency shall admit the person in an unclassified | 3145 |
status until making a disposition under this section. After the | 3146 |
examination, if the chief clinical officer of the hospital or | 3147 |
agency believes that the person is not a mentally ill person | 3148 |
subject to hospitalization by court order, the chief clinical | 3149 |
officer shall release or discharge the person immediately unless a | 3150 |
court has issued a temporary order of detention applicable to the | 3151 |
person under section 5122.11 of the Revised Code. After the | 3152 |
examination, if the chief clinical officer believes that the | 3153 |
person is a mentally ill person subject to hospitalization by | 3154 |
court order, the chief clinical officer may detain the person for | 3155 |
not more than three court days following the day of the | 3156 |
examination and during such period admit the person as a voluntary | 3157 |
patient under section 5122.02 of the Revised Code or file an | 3158 |
affidavit under section 5122.11 of the Revised Code. If neither | 3159 |
action is taken and a court has not otherwise issued a temporary | 3160 |
order of detention applicable to the person under section 5122.11 | 3161 |
of the Revised Code, the chief clinical officer shall discharge | 3162 |
the person at the end of the three-day period unless the person | 3163 |
has been sentenced to the department of rehabilitation and | 3164 |
correction and has not been released from the person's sentence, | 3165 |
in which case the person shall be returned to that department. | 3166 |
Sec. 5122.11. Proceedings for the hospitalization of a | 3167 |
personcourt-ordered treatment pursuant to sections 5122.11 to | 3168 |
5122.15 of the Revised Code shall be commenced by the filing of an | 3169 |
affidavit in the manner and form prescribed by the department of | 3170 |
mental health and in a form prescribed in section 5122.111 of the | 3171 |
Revised Code, by any person or persons with the probate court, | 3172 |
either on reliable information or actual knowledge, whichever is | 3173 |
determined to be proper by the court. This section does not apply | 3174 |
to the hospitalization of a person pursuant to section 2945.39, | 3175 |
2945.40, 2945.401, or 2945.402 of the Revised Code. | 3176 |
The affidavit shall contain an allegation setting forth the | 3177 |
specific category or categories under division (B) of section | 3178 |
5122.01 of the Revised Code upon which the jurisdiction of the | 3179 |
court is based and a statement of alleged facts sufficient to | 3180 |
indicate probable cause to believe that the person is a mentally | 3181 |
ill person subject to hospitalization by court order. The | 3182 |
affidavit may be accompanied, or the court may require that the | 3183 |
affidavit be accompanied, by a certificate of a psychiatrist, or a | 3184 |
certificate signed by a licensed clinical psychologist and a | 3185 |
certificate signed by a licensed physician stating that the person | 3186 |
who issued the certificate has examined the person and is of the | 3187 |
opinion that the person is a mentally ill person subject to | 3188 |
hospitalization by court order, or shall be accompanied by a | 3189 |
written statement by the applicant, under oath, that the person | 3190 |
has refused to submit to an examination by a psychiatrist, or by a | 3191 |
licensed clinical psychologist and licensed physician. | 3192 |
Upon receipt of the affidavit, if a judge of the court or a | 3193 |
referee who is an attorney at law appointed by the court has | 3194 |
probable cause to believe that the person named in the affidavit | 3195 |
is a mentally ill person subject to hospitalization by court | 3196 |
order, the judge or referee may issue a temporary order of | 3197 |
detention ordering any health or police officer or sheriff to take | 3198 |
into custody and transport the person to a hospital or other place | 3199 |
designated in section 5122.17 of the Revised Code, or may set the | 3200 |
matter for further hearing. | 3201 |
Sec. 5122.13. Upon receipt of the affidavit required by | 3300 |
section 5122.11 of the Revised Code, the probate court shall refer | 3301 |
the affidavit to the board of alcohol, drug addiction, and mental | 3302 |
health services or an agency the board designates to assist the | 3303 |
court in determining whether the respondent is subject to | 3304 |
hospitalization and whether alternative services including | 3305 |
outpatient treatment are available, unless the agency or board has | 3306 |
already performed such screening. The board or agency shall review | 3307 |
the allegations of the affidavit and other information relating to | 3308 |
whether or not the person named in the affidavit or statement is a | 3309 |
mentally ill person subject to
hospitalization by court order, | 3310 |
and the availability of appropriate treatment alternatives. | 3311 |
The person who conducts the investigation shall promptly make | 3312 |
a report to the court, in writing, in open court or in chambers, | 3313 |
as directed by the court and a full record of the report shall be | 3314 |
made by the court. The report is not admissible as evidence for | 3315 |
the purpose of establishing whether or not the respondent is a | 3316 |
mentally ill person subject to hospitalization by court order, but | 3317 |
shall be considered by the court in its determination of an | 3318 |
appropriate placement for any person after that person is found to | 3319 |
be a mentally ill person subject to hospitalizationcourt order. | 3320 |
Sec. 5122.141. (A) A respondent who is involuntarily placed | 3327 |
in a hospital or other place as designated in section 5122.10 or | 3328 |
5122.17 of the Revised Code, or with respect to whom proceedings | 3329 |
have been instituted under section 5122.11 of the Revised Code, | 3330 |
shall be afforded a hearing to determine whether or not the | 3331 |
respondent is a mentally ill person subject to hospitalization by | 3332 |
court order. The hearing shall be conducted pursuant to section | 3333 |
5122.15 of the Revised Code. | 3334 |
(B) The hearing shall be conducted within five court days | 3335 |
from the day on which the respondent is detained or an affidavit | 3336 |
is filed, whichever occurs first, in a physical setting not likely | 3337 |
to have a harmful effect on the respondent, and may be conducted | 3338 |
in a hospital in or out of the county. On the motion of the | 3339 |
respondent, histhe respondent's counsel, the chief clinical | 3340 |
officer, or on its own motion, and for good cause shown, the court | 3341 |
may order a continuance of the hearing. The continuance may be for | 3342 |
no more than ten days from the day on which the respondent is | 3343 |
detained or on which an affidavit is filed, whichever occurs | 3344 |
first. Failure to conduct the hearing within this time shall | 3345 |
effect an immediate discharge of the respondent. If the | 3346 |
proceedings are not reinstituted within thirty days, all records | 3347 |
of the proceedings shall be expunged. | 3348 |
(3) If the respondent is not represented by counsel, is | 3390 |
absent from the hearing, and has not validly waived the right to | 3391 |
counsel, the court shall appoint counsel immediately to represent | 3392 |
the respondent at the hearing, reserving the right to tax costs of | 3393 |
appointed counsel to the respondent, unless it is shown that the | 3394 |
respondent is indigent. If the court appoints counsel, or if the | 3395 |
court determines that the evidence relevant to the respondent's | 3396 |
absence does not justify the absence, the court shall continue the | 3397 |
case. | 3398 |
(6) If the hearing is closed to the public, the court, for | 3409 |
good cause shown, may admit persons who have a legitimate interest | 3410 |
in the proceedings. If the respondent, the respondent's counsel, | 3411 |
the designee of the director or of the chief clinical officer | 3412 |
objects to the admission of any person, the court shall hear the | 3413 |
objection and any opposing argument and shall rule upon the | 3414 |
admission of the person to the hearing. | 3415 |
(10) Unless proceedings are initiated pursuant to section | 3425 |
5120.17 or 5139.08 of the Revised Code or proceedings are | 3426 |
initiated regarding a resident of the service district of a board | 3427 |
of alcohol, drug addiction, and mental health services that elects | 3428 |
under division (C)(2) of section 5119.62 of the Revised Code not | 3429 |
to accept the amount allocated to it under that section, an | 3430 |
attorney that the board designates shall present the case | 3431 |
demonstrating that the respondent is a mentally ill person subject | 3432 |
to hospitalization by court order. The attorney shall offer | 3433 |
evidence of the diagnosis, prognosis, record of treatment, if any, | 3434 |
and less restrictive treatment plans, if any. In proceedings | 3435 |
pursuant to section 5120.17 or 5139.08 of the Revised Code and in | 3436 |
proceedings in which the respondent is a resident of a service | 3437 |
district of a board that elects under division (C)(2) of section | 3438 |
5119.62 of the Revised Code not to accept the amount allocated to | 3439 |
it under that section, the attorney general shall designate an | 3440 |
attorney who shall present the case demonstrating that the | 3441 |
respondent is a mentally ill person subject to hospitalization by | 3442 |
court order. The attorney shall offer evidence of the diagnosis, | 3443 |
prognosis, record of treatment, if any, and less restrictive | 3444 |
treatment plans, if any. | 3445 |
(E) In determining the place to which, or the person, board, | 3488 |
or agency with whom, the respondent is to be committed under | 3489 |
division (C) of this section, the court shall consider the | 3490 |
diagnosis, prognosis, preferences of the respondent and the | 3491 |
projected treatment plan for the respondent and shall order the | 3492 |
implementation of the least restrictive alternative available and | 3493 |
consistent with treatment goals. If the court determines that the | 3494 |
least restrictive alternative available that is consistent with | 3495 |
treatment goals is inpatient hospitalization, the court's order | 3496 |
shall so state. | 3497 |
(F) During suchthe ninety-day period the hospital; facility; | 3498 |
board of alcohol, drug addiction, and mental health services; | 3499 |
agency the board designates; or person shall examine and treat the | 3500 |
individual. If the individual is receiving treatment in an | 3501 |
outpatient setting, or receives treatment in an outpatient setting | 3502 |
during a subsequent period of continued commitment under division | 3503 |
(H) of this section, the board, agency, or person to whom the | 3504 |
individual is committed shall determine the appropriate outpatient | 3505 |
treatment for the individual. If, at any time prior to the | 3506 |
expiration of the ninety-day period, it is determined by the | 3507 |
hospital, facility, board, agency, or person that the respondent's | 3508 |
treatment needs could be equally well met in an available and | 3509 |
appropriate less restrictive environmentsetting, both of the | 3510 |
following apply: | 3511 |
(2) The hospital, board, agency, facility, or person shall | 3517 |
notify the respondent's counsel or the attorney designated by a | 3518 |
board of alcohol, drug addiction, and mental health services or, | 3519 |
if the respondent was committed to a board or an agency designated | 3520 |
by the board, it shall place the respondent in the least | 3521 |
restrictive
environmentsetting available consistent with | 3522 |
treatment goals and notify the court and the respondent's counsel | 3523 |
of the placement. | 3524 |
(G)(1) Except as provided in divisions (G)(2) and (3) of this | 3527 |
section, any person who has been committed under this section, or | 3528 |
for whom proceedings for hospitalizationtreatment have been | 3529 |
commenced pursuant to section 5122.11 of the Revised Code, may | 3530 |
apply at any time for voluntary admission or commitment to the | 3531 |
hospital, facility, agency,that the board designates, or person | 3532 |
to which the person was committed. Upon admission as a voluntary | 3533 |
patient the chief clinical officer of the hospital, agency, or | 3534 |
other facility, or the person immediately shall notify the court, | 3535 |
the patient's counsel, and the attorney designated by the board, | 3536 |
if the attorney has entered the proceedings, in writing of that | 3537 |
fact, and, upon receipt of the notice, the court shall dismiss the | 3538 |
case. | 3539 |
(H) If, at the end of the first ninety-day period or any | 3546 |
subsequent period of continued commitment, there has been no | 3547 |
disposition of the case, either by discharge or voluntary | 3548 |
admission or commitment, the hospital, facility, board, agency, or | 3549 |
person shall discharge the patient immediately, unless at least | 3550 |
ten days before the expiration of the period the attorney the | 3551 |
board designates or the prosecutor files with the court an | 3552 |
application for continued commitment. The application of the | 3553 |
attorney or the prosecutor shall include a written report | 3554 |
containing the diagnosis, prognosis, past treatment, a list of | 3555 |
alternative treatment settings and plans, and identification of | 3556 |
the treatment setting that is the least restrictive consistent | 3557 |
with treatment needs. The attorney the board designates or the | 3558 |
prosecutor shall file the written report at least three days prior | 3559 |
to the full hearing. A copy of the application and written report | 3560 |
shall be provided to the respondent's counsel immediately. | 3561 |
Upon request of a person who is involuntarily committed under | 3568 |
this section, or the person's counsel, that is made more than one | 3569 |
hundred eighty days after the person's last full hearing, | 3570 |
mandatory or requested, the court shall hold a full hearing on the | 3571 |
person's continued commitment. Upon the application of a person | 3572 |
involuntarily committed under this section, supported by an | 3573 |
affidavit of a psychiatrist or licensed clinical psychologist, | 3574 |
alleging that the person no longer is a mentally ill person | 3575 |
subject to hospitalization by court order, the court for good | 3576 |
cause shown may hold a full hearing on the person's continued | 3577 |
commitment prior to the expiration of one hundred eighty days | 3578 |
after the person's last full hearing. Section 5122.12 of the | 3579 |
Revised Code applies to all hearings on continued commitment. | 3580 |
(J) A referee appointed by the court may make all orders that | 3593 |
a judge may make under this section and sections 5122.11 and | 3594 |
5122.141 of the Revised Code, except an order of contempt of | 3595 |
court. The orders of a referee take effect immediately. Within | 3596 |
fourteen days of the making of an order by a referee, a party may | 3597 |
file written objections to the order with the court. The filed | 3598 |
objections shall be considered a motion, shall be specific, and | 3599 |
shall state their grounds with particularity. Within ten days of | 3600 |
the filing of the objections, a judge of the court shall hold a | 3601 |
hearing on the objections and may hear and consider any testimony | 3602 |
or other evidence relating to the respondent's mental condition. | 3603 |
At the conclusion of the hearing, the judge may ratify, rescind, | 3604 |
or modify the referee's order. | 3605 |
Sec. 5122.19. Every person transported to a hospital or | 3635 |
community mental health agency pursuant to sections 5122.11 to | 3636 |
5122.16 of the Revised Code, shall be examined by the staff of the | 3637 |
hospital or agency as soon as practicable after his arrival at the | 3638 |
hospital or agency. Such an examination shall be held within | 3639 |
twenty-four hours after the time of arrival, and if the chief | 3640 |
clinical officer fails after such an examination to certify that | 3641 |
in histhe chief clinical officer's opinion the person is a | 3642 |
mentally ill person subject to hospitalization by court order, the | 3643 |
person shall be immediately released. | 3644 |
Sec. 5122.21. (A) The chief clinical officer shall as | 3645 |
frequently as practicable, and at least once every thirty days, | 3646 |
examine or cause to be examined every patient, and, whenever the | 3647 |
chief clinical officer determines that the conditions justifying | 3648 |
involuntary hospitalization or commitment no longer obtain, shall | 3649 |
discharge the patient not under indictment or conviction for crime | 3650 |
and immediately make a report of the discharge to the department | 3651 |
of mental health. The chief clinical officer may discharge a | 3652 |
patient who is under an indictment, a sentence of imprisonment, a | 3653 |
community control sanction, or a post-release control sanction or | 3654 |
on parole ten days after written notice of intent to discharge the | 3655 |
patient has been given by personal service or certified mail, | 3656 |
return receipt requested, to the court having criminal | 3657 |
jurisdiction over the patient. Except when the patient was found | 3658 |
not guilty by reason of insanity and the defendant's commitment is | 3659 |
pursuant to section 2945.40 of the Revised Code, the chief | 3660 |
clinical officer has final authority to discharge a patient who is | 3661 |
under an indictment, a sentence of imprisonment, a community | 3662 |
control sanction, or a post-release control sanction or on parole. | 3663 |
If the chief clinical officer of the hospital is unable to | 3719 |
provide the treatment required by divisions (C), (E), and (F) of | 3720 |
this section for any patient hospitalized pursuant to Chapter | 3721 |
5122. of the Revised Code, hethe chief clinical officer shall | 3722 |
immediately notify the patient, the court, the legal rights | 3723 |
service, the director of mental health, and the patient's counsel | 3724 |
and legal guardian, if known. If within ten days after receipt of | 3725 |
such notification by the director, hethe director is unable to | 3726 |
effect a transfer of the patient, pursuant to section 5122.20 of | 3727 |
the Revised Code, to a hospital, community mental health agency, | 3728 |
or other medical facility where treatment is available, or has not | 3729 |
received an order of the court to the contrary, the involuntary | 3730 |
commitment of any patient hospitalized pursuant to Chapter 5122. | 3731 |
of the Revised Code and defined as a mentally ill person subject | 3732 |
to hospitalization by court order under division (B)(4) of section | 3733 |
5122.01 of the Revised Code shall automatically be terminated. | 3734 |
Sec. 5122.31. (A) All certificates, applications, records, | 3747 |
and reports made for the purpose of this chapter and sections | 3748 |
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 3749 |
Code, other than court journal entries or court docket entries, | 3750 |
and directly or indirectly identifying a patient or former patient | 3751 |
or person whose hospitalization or commitment has been sought | 3752 |
under this chapter, shall be kept confidential and shall not be | 3753 |
disclosed by any person except: | 3754 |
(6) That hospitals and other institutions and facilities | 3773 |
within the department of mental health may exchange psychiatric | 3774 |
records and other pertinent information with other hospitals, | 3775 |
institutions, and facilities of the department, and with community | 3776 |
mental health agencies and boards of alcohol, drug addiction, and | 3777 |
mental health services with which the department has a current | 3778 |
agreement for patient care or services. Records and information | 3779 |
that may be released pursuant to this division shall be limited to | 3780 |
medication history, physical health status and history, financial | 3781 |
status, summary of course of treatment in the hospital, summary of | 3782 |
treatment needs, and a discharge summary, if any. | 3783 |
(8) That a patient's family member who is involved in the | 3791 |
provision, planning, and monitoring of services to the patient may | 3792 |
receive medication information, a summary of the patient's | 3793 |
diagnosis and prognosis, and a list of the services and personnel | 3794 |
available to assist the patient and the patient's family, if the | 3795 |
patient's treating physician determines that the disclosure would | 3796 |
be in the best interests of the patient. No such disclosure shall | 3797 |
be made unless the patient is notified first and receives the | 3798 |
information and does not object to the disclosure. | 3799 |
(9) That community mental health agencies may exchange | 3800 |
psychiatric records and certain other information with the board | 3801 |
of alcohol, drug addiction, and mental health services and other | 3802 |
agencies in order to provide services to a person involuntarily | 3803 |
committed to a board. Release of records under this division shall | 3804 |
be limited to medication history, physical health status and | 3805 |
history, financial status, summary of course of treatment, summary | 3806 |
of treatment needs, and discharge summary, if any. | 3807 |
(13) That records pertaining to the patient's diagnosis, | 3821 |
course of treatment, treatment needs, and prognosis shall be | 3822 |
disclosed and released to the appropriate prosecuting attorney if | 3823 |
the patient was committed pursuant to section 2945.38, 2945.39, | 3824 |
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 3825 |
attorney designated by the board for proceedings pursuant to | 3826 |
involuntary commitment under this chapter. | 3827 |
(14) That the department of mental health may exchange | 3828 |
psychiatric hospitalization records, other mental health treatment | 3829 |
records, and other pertinent information with the department of | 3830 |
rehabilitation and correction to ensure continuity of care for | 3831 |
inmates who are receiving mental health services in an institution | 3832 |
of the department of rehabilitation and correction. The department | 3833 |
shall not disclose those records unless the inmate is notified, | 3834 |
receives the information, and does not object to the disclosure. | 3835 |
The release of records under this division is limited to records | 3836 |
regarding an inmate's medication history, physical health status | 3837 |
and history, summary of course of treatment, summary of treatment | 3838 |
needs, and a discharge summary, if any. | 3839 |
Sec. 5122.311. (A) Notwithstanding any provision of the | 3857 |
Revised Code to the contrary, if, on or after the effective date | 3858 |
of this sectionApril 8, 2004, an individual is found by a court | 3859 |
to be a mentally ill person subject to hospitalization by court | 3860 |
order or becomes an involuntary patient other than one who is a | 3861 |
patient only for purposes of observation, the probate judge who | 3862 |
made the adjudication or the chief clinical officer of the | 3863 |
hospital, agency, or facility in which the person is an | 3864 |
involuntary patient shall notify the bureau of criminal | 3865 |
identification and investigation, on the form described in | 3866 |
division (C) of this section, of the identity of the individual. | 3867 |
The notification shall be transmitted by the judge or the chief | 3868 |
clinical officer not later than seven days after the adjudication | 3869 |
or commitment. | 3870 |
Sec. 5305.22. (A) Any real estate or interest in real estate | 3926 |
coming to a person by purchase, inheritance, or otherwise, after | 3927 |
the spouse of the person is adjudged a mentally ill person subject | 3928 |
to hospitalization by court order and admitted to either a | 3929 |
hospital for persons with mental illness in this or any other | 3930 |
state of the United States or the psychiatric department of any | 3931 |
hospital of the United States, may be conveyed by the person while | 3932 |
the person's spouse who is a mentally ill person subject to | 3933 |
hospitalization by court order remains a patient of that hospital, | 3934 |
free and clear from any dower right or expectancy of the person's | 3935 |
spouse who is a mentally ill person subject to
hospitalization by | 3936 |
court order. Dower shall not attach to any real estate so acquired | 3937 |
and conveyed during the time described in this section in favor of | 3938 |
such spouse who is a mentally ill person subject to | 3939 |
hospitalization by court order. The indorsement upon the | 3940 |
instrument of conveyance, by the superintendent of the hospital to | 3941 |
which the spouse was admitted, that the spouse of the person | 3942 |
conveying the real estate is a mentally ill person subject to | 3943 |
hospitalization by court order who has been admitted to that | 3944 |
hospital, stating when received in that hospital and signed | 3945 |
officially by the superintendent, shall be sufficient evidence of | 3946 |
the fact that the spouse of the person conveying the real estate | 3947 |
is a mentally ill person subject to hospitalization by court | 3948 |
order. This indorsement shall be a part of the instrument of | 3949 |
conveyance. | 3950 |
Sec. 5907.06. (A) A mentally ill person subject to | 3954 |
hospitalization by court order whose mental condition causes the | 3955 |
person to be dangerous to the community shall not be admitted to a | 3956 |
veterans' home. If a mentally ill person subject to | 3957 |
hospitalization by court order, through misrepresentation as to | 3958 |
the person's condition, is sent to a home, the person shall be | 3959 |
returned to, and the expense of the return shall be borne by, the | 3960 |
county from which the person came. | 3961 |
Sec. 5907.09. (A) When the affidavit referred to in section | 3965 |
5907.08 of the Revised Code is filed, the probate judge shall | 3966 |
forthwith determine whether the resident is a mentally ill person | 3967 |
subject to hospitalization by court order. Insofar as applicable, | 3968 |
the laws governing in cases of admission to a state hospital for | 3969 |
persons with mental illness shall apply. The probate judge shall | 3970 |
have the same authority, and may receive and order paid the same | 3971 |
fees and costs, as the probate judge would have in the county in | 3972 |
which the veteran was a resident at the time of entering the | 3973 |
veterans' home. | 3974 |
Section 2. That existing sections 2151.011, 2151.23, | 3978 |
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40, | 3979 |
2945.401, 2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05, | 3980 |
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21, | 3981 |
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06, | 3982 |
and 5907.09 of the Revised Code are hereby repealed. | 3983 |
(C)(1) "Patient" means, subject to division (C)(2) of this | 4023 |
section, a person who is admitted either voluntarily or | 4024 |
involuntarily to a hospital or other place under section 2945.39, | 4025 |
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a | 4026 |
finding of not guilty by reason of insanity or incompetence to | 4027 |
stand trial or under this chapter, who is under observation or | 4028 |
receiving treatment in such place. | 4029 |
(E) "Psychiatrist" means a licensed physician who has | 4040 |
satisfactorily completed a residency training program in | 4041 |
psychiatry, as approved by the residency review committee of the | 4042 |
American medical association, the committee on post-graduate | 4043 |
education of the American osteopathic association, or the American | 4044 |
osteopathic board of neurology and psychiatry, or who on July 1, | 4045 |
1989, has been recognized as a psychiatrist by the Ohio state | 4046 |
medical association or the Ohio osteopathic association on the | 4047 |
basis of formal training and five or more years of medical | 4048 |
practice limited to psychiatry. | 4049 |
(1) Meets the educational requirements set forth in division | 4065 |
(B) of section 4732.10 of the Revised Code and has a minimum of | 4066 |
two years' full-time professional experience, or the equivalent as | 4067 |
determined by rule of the state board of psychology, at least one | 4068 |
year of which shall be a predoctoral internship, in clinical | 4069 |
psychological work in a public or private hospital or clinic or in | 4070 |
private practice, diagnosing and treating problems of mental | 4071 |
illness or mental retardation under the supervision of a | 4072 |
psychologist who is licensed or who holds a diploma issued by the | 4073 |
American board of professional psychology, or whose qualifications | 4074 |
are substantially similar to those required for licensure by the | 4075 |
state board of psychology when the supervision has occurred prior | 4076 |
to enactment of laws governing the practice of psychology; | 4077 |
(2) Meets the educational requirements set forth in division | 4078 |
(B) of section 4732.15 of the Revised Code and has a minimum of | 4079 |
four years' full-time professional experience, or the equivalent | 4080 |
as determined by rule of the state board of psychology, in | 4081 |
clinical psychological work in a public or private hospital or | 4082 |
clinic or in private practice, diagnosing and treating problems of | 4083 |
mental illness or mental retardation under supervision, as set | 4084 |
forth in division (I)(1) of this section. | 4085 |
(K) "Chief clinical officer" means the medical director of a | 4091 |
hospital, or a community mental health agency, or a board of | 4092 |
alcohol, drug addiction, and mental health services, or, if there | 4093 |
is no medical director, the licensed physician responsible for the | 4094 |
treatment a hospital or community mental health agency provides. | 4095 |
The chief clinical officer may delegate to the attending physician | 4096 |
responsible for a patient's care the duties imposed on the chief | 4097 |
clinical officer by this chapter. Within a community mental health | 4098 |
agency, the chief clinical officer shall be designated by the | 4099 |
governing body of the agency and shall be a licensed physician or | 4100 |
licensed clinical psychologist who supervises diagnostic and | 4101 |
treatment services. A licensed physician or licensed clinical | 4102 |
psychologist designated by the chief clinical officer may perform | 4103 |
the duties and accept the responsibilities of the chief clinical | 4104 |
officer in the chief clinical officer's absence. | 4105 |
(U) "Prosecutor" means the prosecuting attorney, village | 4158 |
solicitor, city director of law, or similar chief legal officer | 4159 |
who prosecuted a criminal case in which a person was found not | 4160 |
guilty by reason of insanity, who would have had the authority to | 4161 |
prosecute a criminal case against a person if the person had not | 4162 |
been found incompetent to stand trial, or who prosecuted a case in | 4163 |
which a person was found guilty. | 4164 |
(V) "Treatment plan" means a written statement of reasonable | 4165 |
objectives and goals for an individual established by the | 4166 |
treatment team, with specific criteria to evaluate progress | 4167 |
towards achieving those objectives. The active participation of | 4168 |
the patient in establishing the objectives and goals shall be | 4169 |
documented. The treatment plan shall be based on patient needs and | 4170 |
include services to be provided to the patient while the patient | 4171 |
is hospitalized and, after the patient is discharged, or in an | 4172 |
outpatient setting. The treatment plan shall address services to | 4173 |
be provided upon discharge, including. The services may include, | 4174 |
but are not limited to housing, financial, and vocational services | 4175 |
all of the following: | 4176 |
If the chief clinical officer of the hospital is unable to | 4234 |
provide the treatment required by divisions (C), (E), and (F) of | 4235 |
this section for any patient hospitalized pursuant to Chapter | 4236 |
5122. of the Revised Code, the chief clinical officer shall | 4237 |
immediately notify the patient, the court, the Ohio protection and | 4238 |
advocacy system, the director of mental health, and the patient's | 4239 |
counsel and legal guardian, if known. If within ten days after | 4240 |
receipt of such notification by the director, the director is | 4241 |
unable to effect a transfer of the patient, pursuant to section | 4242 |
5122.20 of the Revised Code, to a hospital, community mental | 4243 |
health agency, or other medical facility where treatment is | 4244 |
available, or has not received an order of the court to the | 4245 |
contrary, the involuntary commitment of any patient hospitalized | 4246 |
pursuant to Chapter 5122. of the Revised Code and defined as a | 4247 |
mentally ill person subject to hospitalization by court order | 4248 |
under division (B)(4) of section 5122.01 of the Revised Code shall | 4249 |
automatically be terminated. | 4250 |
Sec. 5122.31. (A) All certificates, applications, records, | 4251 |
and reports made for the purpose of this chapter and sections | 4252 |
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 4253 |
Code, other than court journal entries or court docket entries, | 4254 |
and directly or indirectly identifying a patient or former patient | 4255 |
or person whose hospitalization or commitment has been sought | 4256 |
under this chapter, shall be kept confidential and shall not be | 4257 |
disclosed by any person except: | 4258 |
(6) That hospitals and other institutions and facilities | 4277 |
within the department of mental health may exchange psychiatric | 4278 |
records and other pertinent information with other hospitals, | 4279 |
institutions, and facilities of the department, and with community | 4280 |
mental health agencies and boards of alcohol, drug addiction, and | 4281 |
mental health services with which the department has a current | 4282 |
agreement for patient care or services. Records and information | 4283 |
that may be released pursuant to this division shall be limited to | 4284 |
medication history, physical health status and history, financial | 4285 |
status, summary of course of treatment in the hospital, summary of | 4286 |
treatment needs, and a discharge summary, if any. | 4287 |
(8) That a patient's family member who is involved in the | 4295 |
provision, planning, and monitoring of services to the patient may | 4296 |
receive medication information, a summary of the patient's | 4297 |
diagnosis and prognosis, and a list of the services and personnel | 4298 |
available to assist the patient and the patient's family, if the | 4299 |
patient's treating physician determines that the disclosure would | 4300 |
be in the best interests of the patient. No such disclosure shall | 4301 |
be made unless the patient is notified first and receives the | 4302 |
information and does not object to the disclosure. | 4303 |
(9) That community mental health agencies may exchange | 4304 |
psychiatric records and certain other information with the board | 4305 |
of alcohol, drug addiction, and mental health services and other | 4306 |
agencies in order to provide services to a person involuntarily | 4307 |
committed to a board. Release of records under this division shall | 4308 |
be limited to medication history, physical health status and | 4309 |
history, financial status, summary of course of treatment, summary | 4310 |
of treatment needs, and discharge summary, if any. | 4311 |
(13) That records pertaining to the patient's diagnosis, | 4325 |
course of treatment, treatment needs, and prognosis shall be | 4326 |
disclosed and released to the appropriate prosecuting attorney if | 4327 |
the patient was committed pursuant to section 2945.38, 2945.39, | 4328 |
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 4329 |
attorney designated by the board for proceedings pursuant to | 4330 |
involuntary commitment under this chapter. | 4331 |
(14) That the department of mental health may exchange | 4332 |
psychiatric hospitalization records, other mental health treatment | 4333 |
records, and other pertinent information with the department of | 4334 |
rehabilitation and correction to ensure continuity of care for | 4335 |
inmates who are receiving mental health services in an institution | 4336 |
of the department of rehabilitation and correction. The department | 4337 |
shall not disclose those records unless the inmate is notified, | 4338 |
receives the information, and does not object to the disclosure. | 4339 |
The release of records under this division is limited to records | 4340 |
regarding an inmate's medication history, physical health status | 4341 |
and history, summary of course of treatment, summary of treatment | 4342 |
needs, and a discharge summary, if any. | 4343 |