Bill Text: OH SB7 | 2013-2014 | 130th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To require that a court report certain information to a specified local law enforcement agency for entry into the appropriate National Crime Information Center file if the court approves the conditional release of a person found incompetent to stand trial or not guilty by reason of insanity or orders a person convicted of an offense of violence to receive a mental health evaluation or treatment for a mental illness and to name this act the Deputy Suzanne Hopper Act.
Spectrum: Slight Partisan Bill (Republican 69-29)
Status: (Passed) 2013-09-04 - Effective Date [SB7 Detail]
Download: Ohio-2013-SB7-Introduced.html
As Introduced
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To require that a court report certain information to a specified local law enforcement agency for entry into the appropriate National Crime Information Center file if the court approves the conditional release of a person found incompetent to stand trial or not guilty by reason of insanity or orders a person convicted of an offense of violence to receive a mental health evaluation or treatment for a mental illness and to name this act the Deputy Suzanne Hopper Act.
Spectrum: Slight Partisan Bill (Republican 69-29)
Status: (Passed) 2013-09-04 - Effective Date [SB7 Detail]
Download: Ohio-2013-SB7-Introduced.html
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Senators Widener, Beagle
Cosponsors:
Senators Lehner, Hughes, LaRose, Eklund, Hite, Coley, Jones, Faber, Peterson
To amend section 2945.402 and to enact section | 1 |
2929.44 of the Revised Code to require that a | 2 |
court report certain information to the local law | 3 |
enforcement agency for entry into the appropriate | 4 |
National Crime Information Center file if the | 5 |
court approves the conditional release of a person | 6 |
found incompetent to stand trial or not guilty by | 7 |
reason of insanity or orders a person convicted of | 8 |
an offense of violence to receive mental health | 9 |
treatment and to name this act the Deputy Suzanne | 10 |
Hopper Act. | 11 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2945.402 be amended and section | 12 |
2929.44 of the Revised Code be enacted to read as follows: | 13 |
Sec. 2929.44. (A) As used in this section, "local law | 14 |
enforcement agency" means the police department of a municipal | 15 |
corporation in which an offense occurred or, if the offense did | 16 |
not occur in a municipal corporation, the sheriff of the county in | 17 |
which the offense occurred. | 18 |
(B) If a court orders a person who pleads guilty to or who is | 19 |
convicted of an offense of violence to receive mental health | 20 |
treatment, the court shall report the conviction and required | 21 |
treatment to the local law enforcement agency. The local law | 22 |
enforcement agency shall enter the conviction and required | 23 |
treatment into the national crime information center supervised | 24 |
release file through the law enforcement automated data system. | 25 |
The information reported and entered shall include all of the | 26 |
following: | 27 |
(1) The name of the court providing the information; | 28 |
(2) The offense or offenses of violence to which the offender | 29 |
pleaded guilty or of which the offender was convicted; | 30 |
(3) Any other information required for the entry of | 31 |
information into the national crime information center supervised | 32 |
release file. | 33 |
(C) Information entered into the national crime information | 34 |
center supervised release file pursuant to this section shall | 35 |
remain in the file until the time expires for which the court | 36 |
ordered the treatment. | 37 |
(D) If a person about whom information is entered into the | 38 |
national crime information center supervised release file pursuant | 39 |
to this section has contact with a law enforcement agency after | 40 |
the information is entered, the agency shall report the contact to | 41 |
the court that ordered the treatment. | 42 |
Sec. 2945.402. (A) In approving a conditional release, the | 43 |
trial court may set any conditions on the release with respect to | 44 |
the treatment, evaluation, counseling, or control of the defendant | 45 |
or person that the court considers necessary to protect the public | 46 |
safety and the welfare of the defendant or person. The trial court | 47 |
may revoke a defendant's or person's conditional release and order | 48 |
reinstatement of the previous placement or reinstitutionalization | 49 |
at any time the conditions of the release have not been satisfied, | 50 |
provided that the revocation shall be in accordance with this | 51 |
section. | 52 |
(B) A conditional release is a commitment. The hearings on | 53 |
continued commitment as described in section 2945.401 of the | 54 |
Revised Code apply to a defendant or person on conditional | 55 |
release. | 56 |
(C) A person, agency, or facility that is assigned to monitor | 57 |
a defendant or person on conditional release immediately shall | 58 |
notify the trial court on learning that the defendant or person | 59 |
being monitored has violated the terms of the conditional release. | 60 |
Upon learning of any violation of the terms of the conditional | 61 |
release, the trial court may issue a temporary order of detention | 62 |
or, if necessary, an arrest warrant for the defendant or person. | 63 |
Within ten court days after the defendant's or person's detention | 64 |
or arrest, the trial court shall conduct a hearing to determine | 65 |
whether the conditional release should be modified or terminated. | 66 |
At the hearing, the defendant or person shall have the same rights | 67 |
as are described in division (C) of section 2945.40 of the Revised | 68 |
Code. The trial court may order a continuance of the ten-court-day | 69 |
period for no longer than ten days for good cause shown or for any | 70 |
period on motion of the defendant or person. If the trial court | 71 |
fails to conduct the hearing within the ten-court-day period and | 72 |
does not order a continuance in accordance with this division, the | 73 |
defendant or person shall be restored to the prior conditional | 74 |
release status. | 75 |
(D) The trial court shall give all parties reasonable notice | 76 |
of a hearing conducted under this section. At the hearing, the | 77 |
prosecutor shall present the case demonstrating that the defendant | 78 |
or person violated the terms of the conditional release. If the | 79 |
court finds by a preponderance of the evidence that the defendant | 80 |
or person violated the terms of the conditional release, the court | 81 |
may continue, modify, or terminate the conditional release and | 82 |
shall enter its order accordingly. | 83 |
(E)(1) If a court approves a conditional release, the court | 84 |
shall report the approval and information pertaining to the | 85 |
release to the local law enforcement agency. The local law | 86 |
enforcement agency shall enter the approval and information into | 87 |
the national crime information center supervised release file | 88 |
through the law enforcement automated data system. The information | 89 |
required by divisions (E)(1)(c) and (d) of this section shall be | 90 |
entered into the file's miscellaneous field. The information | 91 |
reported and entered shall include all of the following: | 92 |
(a) The name of the court providing the information; | 93 |
(b) The offense or offenses with which the defendant or | 94 |
person was charged; | 95 |
(c) Whether the person was found not guilty by reason of | 96 |
insanity or incompetent to stand trial with no substantial | 97 |
probability of becoming competent even with a course of treatment; | 98 |
(d) The reason for the conditional release; | 99 |
(e) Any other information required for the entry of | 100 |
information into the national crime information center supervised | 101 |
release file. | 102 |
(2) Information entered into the national crime information | 103 |
center supervised release file pursuant to this section shall | 104 |
remain in the file until the termination of the conditional | 105 |
release or commitment. | 106 |
(3) If a defendant or person about whom information is | 107 |
entered into the national crime information center supervised | 108 |
release file pursuant to this section has contact with a law | 109 |
enforcement agency after the information is entered, the agency | 110 |
shall report the contact to the court that approved the | 111 |
conditional release, to the department of mental health, and if | 112 |
the terms of the release require the defendant or person to | 113 |
receive mental health treatment, to the person, office, or agency | 114 |
providing the treatment. | 115 |
(4) As used in division (E) of this section, "local law | 116 |
enforcement agency" means the police department of a municipal | 117 |
corporation in which the offense with which a releasee was charged | 118 |
allegedly occurred or, if the offense did not allegedly occur in a | 119 |
municipal corporation, the sheriff of the county in which the | 120 |
offense allegedly occurred. | 121 |
Section 2. That existing section 2945.402 of the Revised | 122 |
Code is hereby repealed. | 123 |
Section 3. This act shall be known as the Deputy Suzanne | 124 |
Hopper Act. | 125 |