Bill Text: OH SB7 | 2013-2014 | 130th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 7

Senators Widener, Beagle 

Cosponsors: Senators Lehner, Hughes, LaRose, Eklund, Hite, Coley, Jones, Faber, Peterson, Bacon, Balderson, Burke, Gardner, Kearney, Manning, Obhof, Oelslager, Patton, Schaffer, Turner, Uecker 

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A BILL

To amend section 2945.402 and to enact section

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2929.44 of the Revised Code to require that a

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court report certain information to a specified

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local law enforcement agency for entry into the

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appropriate National Crime Information Center file

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if the court approves the conditional release of a

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person found incompetent to stand trial or not

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guilty by reason of insanity or orders a person

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convicted of an offense of violence to receive a

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mental health evaluation or treatment for a mental

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illness and to name this act the Deputy Suzanne

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Hopper Act.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 2945.402 be amended and section	13
2929.44 of the Revised Code be enacted to read as follows:	14

Sec. 2929.44. (A) As used in this section:

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(1) "Local law enforcement agency" means the police	16
department of a municipal corporation in which an offense occurred	17
or, if the offense did not occur in a municipal corporation, the	18
sheriff of the county in which the offense occurred.	19

(2) "Mental illness" has the same meaning as in section	20
5122.01 of the Revised Code.	21

(3) "Offense of violence" has the same meaning as in section	22
2901.01 of the Revised Code.	23

(B) If a court orders a person who pleads guilty to or who is	24
convicted of an offense of violence to receive a mental health	25
evaluation or treatment for a mental illness, the court shall	26
report the conviction and required evaluation or treatment to the	27
local law enforcement agency. The local law enforcement agency	28
shall enter the conviction and required treatment into the	29
national crime information center supervised release file through	30
the law enforcement automated data system. The information	31
reported and entered shall include all of the following:	32

(1) The name of the court providing the information;

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(2) The offense or offenses of violence to which the offender	34
pleaded guilty or of which the offender was convicted;	35

(3) Any other information required for the entry of	36
information into the national crime information center supervised	37
release file.	38

(C) Information entered into the national crime information	39
center supervised release file pursuant to this section shall	40
remain in the file until further order of the court.	41

Sec. 2945.402.  (A) In approving a conditional release, the	42
trial court may set any conditions on the release with respect to	43
the treatment, evaluation, counseling, or control of the defendant	44
or person that the court considers necessary to protect the public	45
safety and the welfare of the defendant or person. The trial court	46
may revoke a defendant's or person's conditional release and order	47
reinstatement of the previous placement or reinstitutionalization	48
at any time the conditions of the release have not been satisfied,	49
provided that the revocation shall be in accordance with this	50
section.	51

(B) A conditional release is a commitment. The hearings on	52
continued commitment as described in section 2945.401 of the	53
Revised Code apply to a defendant or person on conditional	54
release.	55

(C) A person, agency, or facility that is assigned to monitor	56
a defendant or person on conditional release immediately shall	57
notify the trial court on learning that the defendant or person	58
being monitored has violated the terms of the conditional release.	59
Upon learning of any violation of the terms of the conditional	60
release, the trial court may issue a temporary order of detention	61
or, if necessary, an arrest warrant for the defendant or person.	62
Within ten court days after the defendant's or person's detention	63
or arrest, the trial court shall conduct a hearing to determine	64
whether the conditional release should be modified or terminated.	65
At the hearing, the defendant or person shall have the same rights	66
as are described in division (C) of section 2945.40 of the Revised	67
Code. The trial court may order a continuance of the ten-court-day	68
period for no longer than ten days for good cause shown or for any	69
period on motion of the defendant or person. If the trial court	70
fails to conduct the hearing within the ten-court-day period and	71
does not order a continuance in accordance with this division, the	72
defendant or person shall be restored to the prior conditional	73
release status.	74

(D) The trial court shall give all parties reasonable notice	75
of a hearing conducted under this section. At the hearing, the	76
prosecutor shall present the case demonstrating that the defendant	77
or person violated the terms of the conditional release. If the	78
court finds by a preponderance of the evidence that the defendant	79
or person violated the terms of the conditional release, the court	80
may continue, modify, or terminate the conditional release and	81
shall enter its order accordingly.	82

(E)(1) If a court approves a conditional release, the court	83
shall report the approval and information pertaining to the	84
release to the local law enforcement agency. The local law	85
enforcement agency shall enter the approval and information into	86
the national crime information center supervised release file	87
through the law enforcement automated data system. The information	88
required by divisions (E)(1)(c) and (d) of this section shall be	89
entered into the file's miscellaneous field. The information	90
reported and entered shall include all of the following:	91

(a) The name of the court providing the information;

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(b) The offense or offenses with which the defendant or	93
person was charged;	94

(c) Whether the person was found not guilty by reason of	95
insanity or incompetent to stand trial with no substantial	96
probability of becoming competent even with a course of treatment;	97

(d) The reason for the conditional release;

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(e) Any other information required for the entry of	99
information into the national crime information center supervised	100
release file.	101

(2) Information entered into the national crime information	102
center supervised release file pursuant to this section shall	103
remain in the file until the termination of the conditional	104
release or commitment.	105

(3) If a defendant or person about whom information is	106
entered into the national crime information center supervised	107
release file pursuant to division (E)(1) of this section has	108
contact with a law enforcement agency after the information is	109
entered, the agency shall report the contact to the department of	110
mental health and, if the terms of the release require the	111
defendant or person to receive mental health treatment, to the	112
person, office, or agency providing the treatment.	113

(4) As used in division (E) of this section, "local law	114
enforcement agency" means the police department of a municipal	115
corporation in which the offense with which a releasee was charged	116
allegedly occurred or, if the offense did not allegedly occur in a	117
municipal corporation, the sheriff of the county in which the	118
offense allegedly occurred.	119

Section 2.  That existing section 2945.402 of the Revised	120
Code is hereby repealed.	121

Section 3.  This act shall be known as the Deputy Suzanne	122
Hopper Act.	123