SB 295 — Regards the timeline for restoring competency in criminal cases

Am.

295 Page136th 4G.A. As Passed by the Senate of section 5122.11 of the Revised Code, files an affidavit in 81 probate court alleging that the defendant is a mentally ill 82 person subject to court order or a person with an intellectual 83 disability subject to institutionalization by court order.

If(iii) anIn 84determining affidavitthe isplace filedof incommitment, probatethe court,court shall consider the trialextent courtto maywhich detainthe 85person is a danger to the defendantperson forand tento daysothers, pendingthe aneed hearingfor insecurity, the probateavailability 86of courthousing and shallsupportive sendservices, toincluding theoutpatient probatemental courthealth copiesservices ofin allthe writtencommunity, 87and reportsthe type of thecrime defendant'sinvolved mentaland conditionshall thatorder werethe preparedleast 88restrictive pursuantalternative toavailable sectionthat 2945.371is ofconsistent thewith Revisedpublic Code.safety and treatment goals.

TheIn trialweighing 89these courtfactors, orthe prosecutorcourt shall specifygive inpreference theto appropriateprotecting spacepublic onsafety 90and the affidavitavailability thatof thehousing defendantand issupportive aservices. person described in this 91 subdivision.

92(c) (II)If Order the defendant is found incompetent to undergostand outpatienttrial, competencyif 93the restorationchief treatmentclinical atofficer aof facilitythe operatedhospital, facility, or certifiedagency bywhere the 94defendant departmentis ofplaced, mentalor healththe andmanaging addictionofficer servicesor asdirector beingof 95the qualifiedinstitution, facility, or jail, or the person to treatwhich mentalthe illness,defendant atis acommitted publicfor treatment or communitycontinuing 96evaluation mentaland healthtreatment facility,under atdivision a(B)(1)(b) jailof this section determines that employsmedication oris contractsnecessary withto 97restore anthe individualdefendant's competency to stand trial, and if the defendant lacks the capacity to give informed consent or entityrefuses listedmedication, inthe divisionchief (B)(1)(b)(i)clinical officer of thisthe 98hospital, sectionfacility, toor provideagency treatmentwhere the defendant is placed, or continuingthe evaluationmanaging andofficer 99or treatmentdirector atof athe institution, facility, or jail, or inthe person to which the caredefendant ofis acommitted psychiatristfor treatment or othercontinuing 100evaluation mentaland healthtreatment professional.may petition the court for authorization for the involuntary administration of medication.

IfThe acourt defendantshall whohold hasa beenhearing released 101 on bailthe orpetition recognizancewithin refusesfive todays complyof withthe court-orderedfiling 102of outpatientthe treatmentpetition underif this division, the courtpetition maywas dismissfiled 103in thea chargesmunicipal pendingcourt againstor thea defendantcounty andcourt proceedregarding underan 104incompetent divisiondefendant (B)(1)(a)(v)(I)charged ofwith thisa sectionmisdemeanor or maywithin amendten thedays 105 conditions of bailthe orfiling recognizanceof and order the sheriffpetition toif take 106 the defendantpetition intowas custodyfiled andin deliver the defendant to a centercourt 107of orcommon facilitypleas operatedregarding oran certifiedincompetent bydefendant thecharged departmentwith ofa mentalfelony 108offense. health and addiction services for treatment.

109Following (vi)the Ifhearing, the defendantcourt hasmay notauthorize beenthe chargedinvoluntary withadministration aof felonymedication 110or offensemay butdismiss hasthe beenpetition. charged with a misdemeanor offense of 111 Am.

S.(2) If the court finds that the defendant is incompetent to stand trial and that, even if the defendant is provided with a course of treatment, there is not a substantial probability that the defendant will become competent to stand trial within one yearthe time specified in division (C) of this section, the court shall order the discharge of the defendant, unless upon motion of the prosecutor or on its own motion, the court either seeks to retain jurisdiction over the defendant pursuant to section 2945.39 of the Revised Code or files an affidavit in the probate court for the civil commitment of the defendant pursuant to Chapter 5122.

B.

No.

295 Page 5 As Passed by the Senate violence and after taking into consideration all relevant 112 reports, information, and other evidence, the court finds that 113 the defendant is incompetent to stand trial, the prosecutor in 114 the case may recommend that the court follow the procedures 115 prescribed in division (B)(1)(a)(v) of this section.

If the 116 prosecutor does not make such a recommendation, the court shall 117 follow the procedures in division (B)(1)(a)(i) of this section.

118 (b)(i) The court order for the defendant to undergo 119 treatment or continuing evaluation and treatment under division 120 (B)(1)(a) of this section shall specify that the defendant, if 121 determined to require mental health treatment or continuing 122 evaluation and treatment, shall be committed to one of the 123 following:

124 (I) The department of mental health and addiction services 125 for treatment or continuing evaluation and treatment at a 126 hospital, facility, or agency, as determined to be clinically 127 appropriate by the department;

128 (II) A facility certified by the department of mental 129 health and addiction services as being qualified to treat mental 130 illness;

131 (III) A public or community mental health facility;

132 (IV) A jail that employs or contracts with an entity or 133 individual listed in division (B)(1)(b)(i) of this section to 134 provide treatment or continuing evaluation and treatment at a 135 jail;

136 (V) A psychiatrist or another mental health professional 137 for treatment or continuing evaluation and treatment.

138 (ii) Prior to placing the defendant, the department of 139 mental health and addiction services shall obtain court approval 140 Am.

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295 Page 6 As Passed by the Senate for that placement following a hearing.

The court order for the 141 defendant to undergo treatment or continuing evaluation and 142 treatment under division (B)(1)(a) of this section shall specify 143 that the defendant, if determined to require treatment or 144 continuing evaluation and treatment for an intellectual 145 disability, shall receive treatment or continuing evaluation and 146 treatment at an institution or facility operated by the 147 department of developmental disabilities, at a facility 148 certified by the department of developmental disabilities as 149 being qualified to treat intellectual disabilities, at a public 150 or private intellectual disabilities facility, or by a 151 psychiatrist or another intellectual disabilities professional.

152 In any case, the order may restrict the defendant's freedom of 153 movement as the court considers necessary.

The prosecutor in the 154 defendant's case shall send to the chief clinical officer of the 155 hospital, facility, or agency where the defendant is placed by 156 the department of mental health and addiction services, or to 157 the managing officer or director of the institution, facility, 158 or jail, or the person to which the defendant is committed, 159 copies of relevant police reports and other background 160 information that pertains to the defendant and is available to 161 the prosecutor unless the prosecutor determines that the release 162 of any of the information in the police reports or any of the 163 other background information to unauthorized persons would 164 interfere with the effective prosecution of any person or would 165 create a substantial risk of harm to any person.

166 (iii) In determining the place of commitment, the court 167 shall consider the extent to which the person is a danger to the 168 person and to others, the need for security, the availability of 169 housing and supportive services, including outpatient mental 170 health services in the community, and the type of crime involved 171 Am.

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295 Page 7 As Passed by the Senate and shall order the least restrictive alternative available that 172 is consistent with public safety and treatment goals.

In 173 weighing these factors, the court shall give preference to 174 protecting public safety and the availability of housing and 175 supportive services.

176 (c) If the defendant is found incompetent to stand trial, 177 if the chief clinical officer of the hospital, facility, or 178 agency where the defendant is placed, or the managing officer or 179 director of the institution, facility, or jail, or the person to 180 which the defendant is committed for treatment or continuing 181 evaluation and treatment under division (B)(1)(b) of this 182 section determines that medication is necessary to restore the 183 defendant's competency to stand trial, and if the defendant 184 lacks the capacity to give informed consent or refuses 185 medication, the chief clinical officer of the hospital, 186 facility, or agency where the defendant is placed, or the 187 managing officer or director of the institution, facility, or 188 jail, or the person to which the defendant is committed for 189 treatment or continuing evaluation and treatment may petition 190 the court for authorization for the involuntary administration 191 of medication.

The court shall hold a hearing on the petition 192 within five days of the filing of the petition if the petition 193 was filed in a municipal court or a county court regarding an 194 incompetent defendant charged with a misdemeanor or within ten 195 days of the filing of the petition if the petition was filed in 196 a court of common pleas regarding an incompetent defendant 197 charged with a felony offense.

Following the hearing, the court 198 may authorize the involuntary administration of medication or 199 may dismiss the petition.

200 (2) If the court finds that the defendant is incompetent 201 to stand trial and that, even if the defendant is provided with 202 Am.

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295 Page 8 As Passed by the Senate a course of treatment, there is not a substantial probability 203 that the defendant will become competent to stand trial within 204 one yearthe time specified in division (C) of this section, the 205 court shall order the discharge of the defendant, unless upon 206 motion of the prosecutor or on its own motion, the court either 207 seeks to retain jurisdiction over the defendant pursuant to 208 section 2945.39 of the Revised Code or files an affidavit in the 209 probate court for the civil commitment of the defendant pursuant 210 to Chapter 5122.

of the Revised Code alleging that the 211 defendant is a person with a mental illness subject to court 212 order or a person with an intellectual disability subject to 213 institutionalization by court order.

If an affidavit is filed in 214 the probate court, the trial court shall send to the probate 215 court copies of all written reports of the defendant's mental 216 condition that were prepared pursuant to section 2945.371 of the 217 Revised Code.

218 The trial court may issue the temporary order of detention 219 that a probate court may issue under section 5122.11 or 5123.71 220 of the Revised Code, to remain in effect until the probable 221 cause or initial hearing in the probate court.

Further 222 proceedings in the probate court are civil proceedings governed 223 by Chapter 5122.

224 (C) No defendant shall be required to undergo treatment, 225 including any continuing evaluation and treatment, under 226 division (B)(1) of this section for longer than whichever of the 227Am. following periods is applicable:

228 (1) One yearFive years, if the most serious offense with 229 which the defendant is charged is one of the following offenses:

230 (a) Aggravated murder, or murder, or an ;

231 Am.

295 Page136th 9G.A. As Passed by the Senate (b) An offense of violence for which a sentence of death 232 or life imprisonment may be imposed;

233following (c)periods Complicityis inapplicable: committing an offense described in 234 division (C)(1)(a) or (C)(1)(b) of this section.

235(1) (b)(2) One year,yearThree years, if the most serious offense with which 236 the defendant is charged is one of the following offenses:

237 (a) AnAggravated offensemurder, ofor violencemurder, that is a felony of the first 238 or secondan degree;;

239(b) (c)(b)An A conspiracy to commit, or an attempt to commit, or 240 complicity in the commission of an offense described in division 241 (C)(1)(a)(C)(1) or (b) (2) of thisviolence sectionfor ifwhich the conspiracy, or 242 attempt, or complicity is a felonysentence of thedeath first or secondlife 243imprisonment degree;may be imposed;

244 (c) Complicity in committing an offense described in 245 division (C)(2)(C)(1)(a) ofor this(C)(1)(b) section if the complicity is a felony of 246this thesection. first or second degree.

247(b)(2) (2)(3)One Sixyear, months, if the most serious offense with which 248 the defendant is charged is aone felony other than a felony 249 described in division (C)(1) or (2) of thisthe section;following offenses:

250(a) (3)(4)An Sixty days, if the most serious offense withof whichviolence 251that the defendant is charged is a misdemeanorfelony of the first or second 252 degree;

253(c)(b) (4)(5)A Thirtyconspiracy days,to ifcommit, theor mostan seriousattempt offenseto withcommit, whichor 254complicity in the defendantcommission isof chargedan isoffense adescribed misdemeanorin division (C)(1)(a)(C)(1) or (b) (2) of this section if the thirdconspiracy, or fourthattempt, 255or degree,complicity is a minorfelony misdemeanor,of orthe anfirst unclassifiedor misdemeanor.second degree;

256(c) (D)Complicity Anyin defendantcommitting whoan isoffense committeddescribed pursuantin todivision this(C)(2) 257of this section shallif not voluntarily admit the defendantcomplicity oris bea 258felony voluntarilyof admittedthe tofirst a hospital or institutionsecond pursuantdegree. to 259 Am.

(2)(3) Six months, if the most serious offense with which the defendant is charged is a felony other than a felony described in division (C)(1) or (2) of this section;

(3)(4) Sixty days, if the most serious offense with which the defendant is charged is a misdemeanor of the first or second degree;

(4)(5) Thirty days, if the most serious offense with which the defendant is charged is a misdemeanor of the third or fourth degree, a minor misdemeanor, or an unclassified misdemeanor.

(D) Any defendant who is committed pursuant to this section shall not voluntarily admit the defendant or be voluntarily admitted to a hospital or institution pursuant to section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.

(E) Except as otherwise provided in this division, a defendant who is charged with an offense and is committed by the court under this section to the department of mental health and addiction services or is committed to an institution or facility for the treatment of intellectual disabilities shall not be granted unsupervised on-grounds movement, supervised off-grounds movement, or nonsecured status except in accordance with the court order.

The court may grant a defendant supervised off-grounds movement to obtain medical treatment or specialized habilitation treatment services if the person who supervises the treatment or the continuing evaluation and treatment of the defendant ordered under division (B)(1)(a) of this section informs the court that the treatment or continuing evaluation and treatment cannot be provided at the hospital or facility where the defendant is placed by the department of mental health and addiction services or the institution, facility, or jail to which the defendant is committed.

The chief clinical officer of the hospital or facility where the defendant is placed by the department of mental health and addiction services or the managing officer or director of the institution, facility, or jail to which the defendant is Am.

295 Page136th 10G.A. As Passed by the Senate section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised 260 Code.

261committed, (E)or Except as otherwise provided in this division, a 262designee defendantof whoany isof chargedthose withpersons, anmay offensegrant anda isdefendant committedmovement by the 263 court under this section to thea departmentmedical offacility mentalfor healthan andemergency 264medical addictionsituation serviceswith orappropriate issupervision committed to anensure institution or facility 265 for the treatmentsafety of intellectualthe disabilitiesdefendant, shallstaff, notand becommunity 266during grantedthat unsupervisedemergency on-groundsmedical movement,situation. supervised off-grounds 267 movement, or nonsecured status except in accordance with the 268 court order.

The courtchief mayclinical grantofficer aof defendantthe supervisedhospital off- 269 grounds movement to obtain medical treatment or specializedfacility 270where habilitation treatment services if the persondefendant whois supervisesplaced theby 271 treatment or the continuingdepartment evaluation and treatment of themental 272health defendantand orderedaddiction underservices divisionor (B)(1)(a) of this section 273 informs the courtmanaging thatofficer the treatment or continuingdirector evaluationof 274 and treatment cannot be provided at the hospitalinstitution, facility, or facilityjail 275to wherewhich the defendant is placedcommitted byshall notify the departmentcourt ofwithin mentaltwenty-four healthhours 276of andthe addictiondefendant's servicesmovement orto the institution,medical facility,facility orfor jailan toemergency 277medical whichsituation theunder defendantthis isdivision. committed.

(F) The chiefperson clinicalwho officersupervises of 278 the hospitaltreatment or facilitycontinuing whereevaluation the defendant is placed by the 279 department of mental health and addictiontreatment services or the 280 managing officer or director of thea institution,defendant facility,ordered or 281 jail to whichundergo thetreatment defendantor iscontinuing committed,evaluation orand atreatment designeeunder ofdivision any(B)(1) 282(a) of thosethis persons,section mayshall grantfile a defendantwritten movementreport to a medical 283 facility for an emergency medical situation with appropriate 284 supervision to ensure the safetycourt ofat the defendant,following staff,times: and 285 community during that emergency medical situation.

The(1) chiefWhenever 286 clinical officer of the hospitalperson orbelieves facility where the defendant 287 is placedcapable by the department of mentalunderstanding health and addiction 288 services or the managingnature officerand orobjective director of the institution,proceedings 289against facility, or jail to which the defendant isand committedof shallassisting 290in Am.the defendant's defense;

(2) For a felony offense, fourteen days before expiration of the maximum time for treatment as specified in division (C) of this section and fourteen days before the expiration of the maximum time for continuing evaluation and treatment as specified in division (B)(1)(a) of this section, and, for a misdemeanor offense, ten days before the expiration of the maximum time for treatment, as specified in division (C) of this section;

(3) At a minimum, after each six months of treatment;

(4) Whenever the person who supervises the treatment or continuing evaluation and treatment of a defendant ordered under division (B)(1)(a) of this section believes that there is not a substantial probability that the defendant will become capable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense even if the defendant is provided with a course of treatment.

(G) A report under division (F) of this section shall contain the examiner's findings, the facts in reasonable detail on which the findings are based, and the examiner's opinion as to the defendant's capability of understanding the nature and objective of the proceedings against the defendant and of assisting in the defendant's defense.

If, in the examiner's opinion, the defendant remains incapable of understanding the nature and objective of the proceedings against the defendant and of assisting in the defendant's defense and there is a substantial probability that the defendant will become capable of understanding the nature and objective of the proceedings against the defendant and of assisting in the defendant's defense if the defendant is provided with a course of treatment, if in the examiner's opinion the defendant continues to have a mental illness or an intellectual disability, and if the maximum time for treatment as specified in division (C) of this section has not expired, the report also shall contain the examiner's recommendation as to the least restrictive placement or commitment alternative that is consistent with the defendant's treatment needs for restoration to competency and with the safety of the community.

The court shall provide copies of the report to the prosecutor and defense counsel.

(H) If a defendant is committed pursuant to division (B)(1) of this section, within ten days Am.

295 Page136th 11G.A. As Passed by the Senate notify the court within twenty-four hours of the defendant's 291 movement to the medical facility for an emergency medical 292 situation under this division.

293after (F)the Thetreating personphysician whoof supervisesthe defendant or the treatmentexaminer of the defendant who is employed or continuingretained 294by evaluationthe treating facility advises that there is not a substantial probability that the defendant will become capable of understanding the nature and treatmentobjective of athe proceedings against the defendant orderedor toof undergoassisting 295in the defendant's defense even if the defendant is provided with a course of treatment, within ten days after the expiration of the maximum time for treatment oras specified in division (C) of this section, within ten days after the expiration of the maximum time for continuing evaluation and treatment underas divisionspecified 296in division (B)(1)(a) of this sectionsection, shallwithin filethirty days after a writtendefendant's reportrequest withfor a hearing that is made after six months of treatment, or within thirty days after being advised by the 297treating physician or examiner that the defendant is competent to stand trial, whichever is the earliest, the court atshall conduct another hearing to determine if the defendant is competent to stand trial and shall do whichever of the following times:is applicable:

298 (1) WheneverIf the personcourt believesfinds that the defendant is capablecompetent 299to ofstand understandingtrial, the naturedefendant andshall objectivebe ofproceeded the proceedings 300 against theas defendantprovided andby oflaw. assisting in the defendant's 301 defense;

302 (2) ForIf the court finds that the defendant is incompetent to stand trial, but that there is a felonysubstantial offense,probability fourteenthat daysthe beforedefendant expirationwill 303become competent to stand trial if the defendant is provided with a course of treatment, and the maximum time for treatment as specified in division (C) 304 of this section andhas fourteennot daysexpired, before the expirationcourt, after consideration of the 305examiner's maximumrecommendation, timeshall fororder continuingthat evaluation and treatment asbe 306continued, specifiedmay inchange divisionthe (B)(1)(a)facility ofor thislocation section,at and,which forthe atreatment 307is misdemeanorto offense,be tencontinued, daysand beforeshall thespecify expirationwhether of the 308treatment maximumis timeto forbe treatment,continued asat specifiedthe insame divisionor (C)a ofdifferent thisfacility 309or section;location.

310 (3) AtIf the court finds that the defendant is incompetent to stand trial, if the defendant is charged with an offense listed in division (C)(1) or (2) of this section, and if the court finds that there is not a minimum,substantial afterprobability eachthat sixthe monthsdefendant will become competent to stand trial even if the defendant is provided with a course of treatment;treatment, or if the maximum time for treatment relative to that offense as specified in division (C) of this section has expired, further proceedings shall be as provided in sections 2945.39, 2945.401, and 2945.402 of the Revised Code.

311 (4) WheneverIf the personcourt whofinds supervisesthat the treatmentdefendant oris 312incompetent continuingto evaluationstand andtrial, treatmentif ofthe amost serious offense with which the defendant orderedis undercharged 313is a misdemeanor or a felony other than a felony listed in division (B)(1)(a)(C)(1) or (2) of this sectionsection, believesand if the court finds that there is not a 314 substantial probability that the defendant will become capablecompetent 315to ofstand understandingtrial even if the naturedefendant andis objectiveprovided with a course of treatment, or if the proceedingsmaximum 316time againstfor thetreatment defendantrelative orto ofthat assistingoffense as specified in thedivision defendant's(C) defenseof 317this evensection ifhas expired, the defendantcourt isshall provideddismiss withthe aindictment, courseinformation, ofor treatment.complaint against the defendant.

318 (G) A reportdismissal under this division (F)is ofnot thisa sectionbar shallto 319further Am.prosecution based on the same conduct.

S.The court shall discharge the defendant unless the court or prosecutor files an affidavit in probate court for civil commitment pursuant to Chapter 5122.

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295 Page 12 As Passed by the Senate contain the examiner's findings, the facts in reasonable detail 320 on which the findings are based, and the examiner's opinion as 321 to the defendant's capability of understanding the nature and 322 objective of the proceedings against the defendant and of 323 assisting in the defendant's defense.

If, in the examiner's 324 opinion, the defendant remains incapable of understanding the 325 nature and objective of the proceedings against the defendant 326 and of assisting in the defendant's defense and there is a 327 substantial probability that the defendant will become capable 328 of understanding the nature and objective of the proceedings 329 against the defendant and of assisting in the defendant's 330 defense if the defendant is provided with a course of treatment, 331 if in the examiner's opinion the defendant continues to have a 332 mental illness or an intellectual disability, and if the maximum 333 time for treatment as specified in division (C) of this section 334 has not expired, the report also shall contain the examiner's 335 recommendation as to the least restrictive placement or 336 commitment alternative that is consistent with the defendant's 337 treatment needs for restoration to competency and with the 338 safety of the community.

The court shall provide copies of the 339 report to the prosecutor and defense counsel.

340 (H) If a defendant is committed pursuant to division (B) 341 (1) of this section, within ten days after the treating 342 physician of the defendant or the examiner of the defendant who 343 is employed or retained by the treating facility advises that 344 there is not a substantial probability that the defendant will 345 become capable of understanding the nature and objective of the 346 proceedings against the defendant or of assisting in the 347 defendant's defense even if the defendant is provided with a 348 course of treatment, within ten days after the expiration of the 349 maximum time for treatment as specified in division (C) of this 350 Am.

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295 Page 13 As Passed by the Senate section, within ten days after the expiration of the maximum 351 time for continuing evaluation and treatment as specified in 352 division (B)(1)(a) of this section, within thirty days after a 353 defendant's request for a hearing that is made after six months 354 of treatment, or within thirty days after being advised by the 355 treating physician or examiner that the defendant is competent 356 to stand trial, whichever is the earliest, the court shall 357 conduct another hearing to determine if the defendant is 358 competent to stand trial and shall do whichever of the following 359 is applicable:

360 (1) If the court finds that the defendant is competent to 361 stand trial, the defendant shall be proceeded against as 362 provided by law.

363 (2) If the court finds that the defendant is incompetent 364 to stand trial, but that there is a substantial probability that 365 the defendant will become competent to stand trial if the 366 defendant is provided with a course of treatment, and the 367 maximum time for treatment as specified in division (C) of this 368 section has not expired, the court, after consideration of the 369 examiner's recommendation, shall order that treatment be 370 continued, may change the facility or location at which the 371 treatment is to be continued, and shall specify whether the 372 treatment is to be continued at the same or a different facility 373 or location.

374 (3) If the court finds that the defendant is incompetent 375 to stand trial, if the defendant is charged with an offense 376 listed in division (C)(1) or (2) of this section, and if the 377 court finds that there is not a substantial probability that the 378 defendant will become competent to stand trial even if the 379 defendant is provided with a course of treatment, or if the 380 Am.

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295 Page 14 As Passed by the Senate maximum time for treatment relative to that offense as specified 381 in division (C) of this section has expired, further proceedings 382 shall be as provided in sections 2945.39, 2945.401, and 2945.402 383 of the Revised Code.

384 (4) If the court finds that the defendant is incompetent 385 to stand trial, if the most serious offense with which the 386 defendant is charged is a misdemeanor or a felony other than a 387 felony listed in division (C)(1) or (2) of this section, and if 388 the court finds that there is not a substantial probability that 389 the defendant will become competent to stand trial even if the 390 defendant is provided with a course of treatment, or if the 391 maximum time for treatment relative to that offense as specified 392 in division (C) of this section has expired, the court shall 393 dismiss the indictment, information, or complaint against the 394 defendant.

A dismissal under this division is not a bar to 395 further prosecution based on the same conduct.

The court shall 396 discharge the defendant unless the court or prosecutor files an 397 affidavit in probate court for civil commitment pursuant to 398 Chapter 5122.

If an affidavit for 399 civil commitment is filed, the court may detain the defendant 400 for ten days pending civil commitment and shall send to the 401 probate court copies of all written reports of the defendant's 402 mental condition prepared pursuant to section 2945.371 of the 403 Revised Code.

404Am. All of the following provisions apply to persons charged 405 with a misdemeanor or a felony other than a felony listed in 406 division (C)(1) or (2) of this section who are committed by the 407 probate court subsequent to the court's or prosecutor's filing 408 of an affidavit for civil commitment under authority of this 409 division:

410 Am.

295 Page136th 15G.A. As Passed by the Senate (a) The chief clinical officer of the entity, hospital, or 411 facility, the managing officer or director of the institution, 412 facility, or jail, or the person to which the defendant is 413 committed or admitted shall do all of the following:

414All (i)of Notify the prosecutor,following inprovisions writing,apply ofto thepersons dischargecharged ofwith 415a themisdemeanor defendant,or senda thefelony noticeother atthan leasta tenfelony dayslisted priorin todivision the(C)(1) 416or discharge(2) unlessof thethis dischargesection iswho are committed by the probate court,court andsubsequent 417to statethe incourt's theor noticeprosecutor's thefiling dateof onan whichaffidavit thefor defendantcivil willcommitment beunder 418authority discharged;of this division:

419(a) (ii)The Notifychief theclinical prosecutor,officer inof writing, when the defendantentity, 420hospital, is absent without leave or isfacility, grantedthe unsupervised,managing off-groundsofficer 421or movement,director andof sendthe thisinstitution, noticefacility, promptlyor afterjail, or the discoveryperson ofto 422which the absencedefendant withoutis leavecommitted or prioradmitted toshall thedo grantingall of the 423following: unsupervised, off-grounds movement, whichever is applicable;

424(i) (iii) Notify the prosecutor, in writing, of the changedischarge of 425 the defendant'sdefendant, commitmentsend orthe admissionnotice toat voluntaryleast status,ten 426days sendprior to the noticedischarge promptlyunless upon learning of the changedischarge tois 427by voluntarythe status,probate court, and state in the notice the date on which the 428 defendant waswill committedbe ordischarged; admitted on a voluntary status.

429(ii) (b)Notify Uponthe receivingprosecutor, noticein thatwriting, when the defendant willis beabsent 430without leave or is granted unsupervised, off-grounds movement, theand prosecutorsend 431this eithernotice shallpromptly re-indictafter the defendantdiscovery orof promptly notify the 432absence courtwithout thatleave theor prosecutorprior doesto notthe intendgranting toof prosecute the 433unsupervised, chargesoff-grounds againstmovement, thewhichever defendant.is applicable;

434(iii) (I)Notify Ifthe aprosecutor, defendantin iswriting, convicted of athe crimechange andof sentenced 435 to a jail, the defendant's sentencecommitment shallor beadmission reducedto byvoluntary status, send the 436notice totalpromptly numberupon learning of days the defendantchange isto confinedvoluntary forstatus, evaluationand tostate 437in determine the defendant'snotice competencethe todate standon trialwhich orthe treatmentdefendant 438was undercommitted thisor sectionadmitted andon sectionsa 2945.37voluntary andstatus. 2945.371 of the 439 Am.

(b) Upon receiving notice that the defendant will be granted unsupervised, off-grounds movement, the prosecutor either shall re-indict the defendant or promptly notify the court that the prosecutor does not intend to prosecute the charges against the defendant.

(I) If a defendant is convicted of a crime and sentenced to a jail, the defendant's sentence shall be reduced by the total number of days the defendant is confined for evaluation to determine the defendant's competence to stand trial or treatment under this section and sections 2945.37 and 2945.371 of the Revised Code or by the total number of days the defendant is confined for evaluation to determine the defendant's mental condition at the time of the offense charged.

(J) If a defendant is found incompetent to stand trial and the treating facility or responsible clinician determines that the defendant lacks capacity to consent to treatment or refuses treatment, including medication, and no petition is filed under division (B)(1)(c) of this section, the time period for treatment specified in division (C) of this section shall be tolled during any period of time the defendant lacks capacity to consent to treatment or refuses treatment, including medication.

(K) If a defendant is found incompetent to stand trial and the treating facility or responsible clinician determines that the defendant lacks capacity to consent to treatment or refuses treatment, including medication, and a petition is filed under division (B)(1)(c) of this section, the time period for treatment specified in division (C) of this section shall be tolled during any period of time the petition is pending.

(L) For purposes of this section, the chief clinical officer of the hospital, facility, or agency where the defendant is placed, or the managing officer or director of the institution, facility, or jail, Am.

295 Page136th 16G.A. As Passed by the Senate Revised Code or by the total number of days the defendant is 440 confined for evaluation to determine the defendant's mental 441 condition at the time of the offense charged.

442or (J)the Ifperson ato which the defendant is foundcommitted incompetentfor totreatment, standshall trialdocument and 443 the treatingdetermination facility or responsible clinician determines that 444 the defendant lacks capacity to consent to treatment or refuses 445 treatment, including medication, and noshall petitionnotify is filed under 446 division (B)(1)(c) of this section, the timecourt periodwithin forfourteen 447days treatment specified in division (C) of thisthat sectiondetermination. shall be 448 tolled during any period of time the defendant lacks capacity to 449 consent to treatment or refuses treatment, including medication.

450(M) (K) If a defendant iswho has been found incompetent to stand trial andis 451subsequently thefound treatingcompetent facilityduring or responsible clinician determines that 452 the defendantcourse lacksof capacity to consent to treatment or refusescontinuing 453evaluation treatment,and includingtreatment medication, and a petition is filedlater underagain 454found divisionincompetent (B)(1)(c)to ofstand thistrial, section, the time period for 455 treatment specified in division (C) of this section shallresets, beand 456the tolledcourt duringshall anytreat the new period of timeincompetency as a distinct restoration period subject to the petitionlimitations isin pending.division (C) of this section.

457(N) (L)The Foramendments purposesto of this section,section theby chiefthis clinicalact 458apply officerretroactively ofto theall hospital,defendants facility,who orwere agencyfound whereincompetent theto defendantstand 459trial isprior placed,to or the managingeffective officerdate or director of thethis 460amendment institution,and facility,whose orrestoration jail, or the person to whichcompetency the 461 defendant is committedongoing for treatment, shall document the 462 determination that the defendant lacks capacity to consent to 463 treatment or refuseswhose treatment,case includingremains medication,pending. and shall 464 notify the court within fourteen days of that determination.

465Sec. (M) If a defendant who has been found incompetent to stand 466 trial is subsequently found competent during the course of 467 treatment or continuing evaluation and treatment and is later 468 again found incompetent to stand trial, the time period for 469 Am.

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295 Page 17 As Passed by the Senate treatment specified in division (C) of this section resets, and 470 the court shall treat the new period of incompetency as a 471 distinct restoration period subject to the limitations in 472 division (C) of this section.

473 (N) The amendments to this section by this act apply 474 retroactively to all defendants who were found incompetent to 475 stand trial prior to the effective date of this amendment and 476 whose restoration to competency is ongoing or whose case remains 477 pending.

478 Sec.

(A) If a defendant who is charged with an 479 offense described in division (C)(1) or (2) of section 2945.38 480 of the Revised Code is found incompetent to stand trial, after 481 the expiration of the maximum time for treatment as specified in 482 division (C) of that section or after the court finds that there 483 is not a substantial probability that the defendant will become 484 competent to stand trial even if the defendant is provided with 485 a course of treatment, one of the following applies:

486 (1) The court or the prosecutor may file an affidavit in 487 probate court for civil commitment of the defendant in the 488 manner provided in Chapter 5122.

489 If the court or prosecutor files an affidavit for civil 490 commitment, the court may detain the defendant for ten days 491 pending civil commitment.

If the probate court commits the 492 defendant subsequent to the court's or prosecutor's filing of an 493 affidavit for civil commitment, the chief clinical officer of 494 the entity, hospital, or facility, the managing officer of the 495 institution, the director of the program, or the person to which 496 the defendant is committed or admitted shall send to the 497 prosecutor the notices described in divisions (H)(4)(a)(i) to 498 (iii) of section 2945.38 of the Revised Code within the periods 499of Am.time and under the circumstances specified in those divisions.

(2) On the motion of the prosecutor or on its own motion, the court may retain jurisdiction over the defendant if, at a hearing, the court finds both of the following by clear and convincing evidence:

(a) The defendant committed the offense with which the defendant is charged.

(b) The defendant is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order.

(B) In making its determination under division (A)(2) of this section as to whether to retain jurisdiction over the defendant, the court may consider all relevant evidence, including, but not limited to, any relevant psychiatric, psychological, or medical testimony or reports, the acts constituting the offense charged, and any history of the defendant that is relevant to the defendant's ability to conform to the law.

(C) If the court conducts a hearing as described in division (A)(2) of this section and if the court does not make both findings described in divisions (A)(2)(a) and (b) of this section by clear Am.

295 Page136th 18G.A. As Passed by the Senate of time and under the circumstances specified in those 500 divisions.

501and (2)convincing Onevidence, the motion of the prosecutor or on its own motion, 502 the court mayshall retaindismiss jurisdiction over the defendantindictment, if,information, ator acomplaint 503against hearing, the courtdefendant. finds both of the following by clear and 504 convincing evidence:

505Upon (a)the Thedismissal, the court shall discharge the defendant committedunless the offensecourt withor whichprosecutor thefiles 506an affidavit in probate court for civil commitment of the defendant ispursuant charged.to Chapter 5122.

507 (b) The defendant is a person with a mental illness 508 subject to court order or a person with an intellectual 509 disability subject to institutionalization by court order.

510 (B) In making its determination under division (A)(2) of 511 this section as to whether to retain jurisdiction over the 512 defendant, the court may consider all relevant evidence, 513 including, but not limited to, any relevant psychiatric, 514 psychological, or medical testimony or reports, the acts 515 constituting the offense charged, and any history of the 516 defendant that is relevant to the defendant's ability to conform 517 to the law.

518 (C) If the court conducts a hearing as described in 519 division (A)(2) of this section and if the court does not make 520 both findings described in divisions (A)(2)(a) and (b) of this 521 section by clear and convincing evidence, the court shall 522 dismiss the indictment, information, or complaint against the 523 defendant.

Upon the dismissal, the court shall discharge the 524 defendant unless the court or prosecutor files an affidavit in 525 probate court for civil commitment of the defendant pursuant to 526 Chapter 5122.

If the court or 527 prosecutor files an affidavit for civil commitment, the court 528may Am.order that the defendant be detained for up to ten days pending the civil commitment.

If the probate court commits the defendant subsequent to the court's or prosecutor's filing of an affidavit for civil commitment, the chief clinical officer of the entity, hospital, or facility, the managing officer of the institution, the director of the program, or the person to which the defendant is committed or admitted shall send to the prosecutor the notices described in divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code within the periods of time and under the circumstances specified in those divisions.

A dismissal of charges under this division is not a bar to further criminal proceedings based on the same conduct.

(D)(1) If the court conducts a hearing as described in division (A)(2) of this section and if the court makes the findings described in divisions (A)(2)(a) and (b) of this section by clear and convincing evidence, the court shall commit the defendant, if determined to require mental health treatment, either to the department of mental health and addiction services for treatment at a hospital, facility, or agency as determined clinically appropriate by the department of mental health and addiction services or to another medical or psychiatric facility, as appropriate.

Prior to placing the defendant, the department of mental health and addiction services shall obtain court approval for that placement.

If the court conducts such a hearing and if it makes those findings by clear and convincing evidence, the court shall commit the defendant, if determined to require treatment for an intellectual disability, to a facility operated by the department of developmental disabilities, or another facility, as appropriate.

In determining the place of commitment, the court shall consider the extent to which the person is a danger to the person and to others, the need for security, and the type of crime involved and shall order the least restrictive alternative available that is consistent with public safety and the welfare of the defendant.

In weighing these factors, the court shall give preference to protecting public safety.

(2) If a court makes a commitment of a defendant under division (D)(1) of this section, the prosecutor shall send to the hospital, facility, or agency where the defendant is placed by the department of mental health and addiction services or to the defendant's place of commitment all reports of the defendant's current mental condition and, except as otherwise provided in this division, any other relevant information, including, but not limited to, a transcript of the hearing held pursuant to division (A)(2) of this section, copies of relevant police reports, and copies of any prior arrest and conviction records that pertain to the defendant and that the prosecutor possesses.

The prosecutor shall send the reports of the defendant's current mental condition in every case of commitment, and, unless the prosecutor determines that the release of any of the other relevant information to unauthorized persons would interfere with the effective prosecution of any person or would create a substantial risk of harm to any person, the prosecutor also shall send the other Am.

295 Page136th 19G.A. As Passed by the Senate may order that the defendant be detained for up to ten days 529 pending the civil commitment.

Ifrelevant theinformation. probate court commits the 530 defendant subsequent to the court's or prosecutor's filing of an 531 affidavit for civil commitment, the chief clinical officer of 532 the entity, hospital, or facility, the managing officer of the 533 institution, the director of the program, or the person to which 534 the defendant is committed or admitted shall send to the 535 prosecutor the notices described in divisions (H)(4)(a)(i) to 536 (iii) of section 2945.38 of the Revised Code within the periods 537 of time and under the circumstances specified in those 538 divisions.

AUpon dismissaladmission of a defendant committed under division (D)(1) of this section, the place of commitment shall send to the board of alcohol, drug addiction, and mental health services or the community mental health board serving the county in which the charges against the defendant were filed a copy of all reports of the defendant's current mental condition and a copy of the other relevant information provided by the prosecutor under this divisiondivision, isincluding, notif provided, a 539transcript barof the hearing held pursuant to furtherdivision criminal(A)(2) proceedingsof basedthis onsection, the samerelevant conduct.police reports, and the prior arrest and conviction records that pertain to the defendant and that the prosecutor possesses.

540(3) (D)(1) If thea court conductsmakes a hearingcommitment asunder described in 541 division (A)(2)(D)(1) of this sectionsection, andall iffurther theproceedings courtshall makesbe the 542 findings described in divisionsaccordance (A)(2)(a)with andsections (b)2945.401 of this 543 section by clear and convincing2945.402 evidence, the court shall commit 544 the defendant, if determined to require mental health treatment, 545 either to the department of mental health and addiction services 546 for treatment at a hospital, facility, or agency as determined 547 clinically appropriate by the departmentRevised ofCode. mental health and 548 addiction services or to another medical or psychiatric 549 facility, as appropriate.

PriorSec. to placing the defendant, the 550 department of mental health and addiction services shall obtain 551 court approval for that placement.

If the court conducts such a 552 hearing and if it makes those findings by clear and convincing 553 evidence, the court shall commit the defendant, if determined to 554 require treatment for an intellectual disability, to a facility 555 operated by the department of developmental disabilities, or 556 another facility, as appropriate.

In determining the place of 557 commitment, the court shall consider the extent to which the 558 person is a danger to the person and to others, the need for 559 Am.

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295 Page 20 As Passed by the Senate security, and the type of crime involved and shall order the 560 least restrictive alternative available that is consistent with 561 public safety and the welfare of the defendant.

In weighing 562 these factors, the court shall give preference to protecting 563 public safety.

564 (2) If a court makes a commitment of a defendant under 565 division (D)(1) of this section, the prosecutor shall send to 566 the hospital, facility, or agency where the defendant is placed 567 by the department of mental health and addiction services or to 568 the defendant's place of commitment all reports of the 569 defendant's current mental condition and, except as otherwise 570 provided in this division, any other relevant information, 571 including, but not limited to, a transcript of the hearing held 572 pursuant to division (A)(2) of this section, copies of relevant 573 police reports, and copies of any prior arrest and conviction 574 records that pertain to the defendant and that the prosecutor 575 possesses.

The prosecutor shall send the reports of the 576 defendant's current mental condition in every case of 577 commitment, and, unless the prosecutor determines that the 578 release of any of the other relevant information to unauthorized 579 persons would interfere with the effective prosecution of any 580 person or would create a substantial risk of harm to any person, 581 the prosecutor also shall send the other relevant information.

582 Upon admission of a defendant committed under division (D)(1) of 583 this section, the place of commitment shall send to the board of 584 alcohol, drug addiction, and mental health services or the 585 community mental health board serving the county in which the 586 charges against the defendant were filed a copy of all reports 587 of the defendant's current mental condition and a copy of the 588 other relevant information provided by the prosecutor under this 589 division, including, if provided, a transcript of the hearing 590 Am.

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295 Page 21 As Passed by the Senate held pursuant to division (A)(2) of this section, the relevant 591 police reports, and the prior arrest and conviction records that 592 pertain to the defendant and that the prosecutor possesses.

593 (3) If a court makes a commitment under division (D)(1) of 594 this section, all further proceedings shall be in accordance 595 with sections 2945.401 and 2945.402 of the Revised Code.

596 Sec.

(A) A defendant found incompetent to stand 597 trial and committed pursuant to section 2945.39 of the Revised 598 Code or a person found not guilty by reason of insanity and 599 committed pursuant to section 2945.40 of the Revised Code shall 600 remain subject to the jurisdiction of the trial court pursuant 601 to that commitment, and to the provisions of this section, until 602 the final termination of the commitment as described in division 603 (J)(1) of this section.

If the jurisdiction is terminated under 604 this division because of the final termination of the commitment 605 resulting from the expiration of the maximum prison term or term 606 of imprisonment described in division (J)(1)(b) of this section, 607 the court or prosecutor may file an affidavit for the civil 608 commitment of the defendant or person pursuant to Chapter 5122.

609 or 5123.

610 (B) A hearing conducted under any provision of sections 611 2945.37 to 2945.402 of the Revised Code shall not be conducted 612 in accordance with Chapters 5122.

613 Any person who is committed pursuant to section 2945.39 or 614 2945.40 of the Revised Code shall not voluntarily admit the 615 person or be voluntarily admitted to a hospital or institution 616 pursuant to section 5122.02, 5122.15, 5123.69, or 5123.76 of the 617 Revised Code.

618 of the Revised Code regarding hospitalization or 619 institutionalization shall apply to the extent they are not in 620conflict Am.with this chapter.

A commitment under section 2945.39 or 2945.40 of the Revised Code shall not be terminated and the conditions of the commitment shall not be changed except as otherwise provided in division (D)(2) of this section with respect to a person with an intellectual disability subject to institutionalization by court order or except by order of the trial court.

(C) The department of mental health and addiction services or the institution, facility, or program to which a defendant or person has been committed under section 2945.39 or 2945.40 of the Revised Code shall report in writing to the trial court, at the times specified in this division, as to whether the defendant or person remains a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order and, in the case of a defendant committed under section 2945.39 of the Revised Code, as to whether the defendant remains incompetent to stand trial.

The department, institution, facility, or program shall make the reports after the initial six months of treatment and every two years after the initial report is made.

Am.

295 Page136th 22G.A. As Passed by the Senate conflict with this chapter.

AThe commitmenttrial undercourt section 2945.39 621 or 2945.40 of the Revised Code shall notprovide becopies terminated and the 622 conditions of the commitmentreports shall not be changed except as 623 otherwise provided in division (D)(2) of this section with 624 respect to athe personprosecutor withand an intellectual disability subject to 625the institutionalizationcounsel byfor courtthe orderdefendant or exceptperson. by order of the 626 trial court.

627Within (C)thirty Thedays departmentafter ofits mentalreceipt healthpursuant andto addictionthis servicesdivision 628of or the institution, facility, or program to which a defendantreport orfrom 629the persondepartment, hasinstitution, beenfacility, committed under section 2945.39 or 2945.40program, of 630 the Revisedtrial Codecourt shall reporthold ina writinghearing toon the trialcontinued court,commitment atof 631 the times specified in this division, as to whether the 632 defendant or person remains a person with a mental illness 633 subject to court order or aon personany withchanges an intellectual 634 disability subject to institutionalization by court order and, 635 in the caseconditions of athe defendantcommitment committed under section 2945.39 of 636 the Revised Code, as to whether the defendant remainsor 637person. incompetent to stand trial.

The department,defendant institution,or 638person facility,may orrequest programa shallchange makein the reportsconditions afterof confinement, and the initialtrial 639court shall conduct a hearing on that request if six months ofor treatmentmore andhave everyelapsed twosince yearsthe aftermost therecent initialhearing 640was reportconducted isunder made.this section.

The(D)(1) trialExcept courtas shallotherwise provideprovided copiesin division (D)(2) of this section, when a defendant or person has been committed under section 2945.39 or 2945.40 of the 641Revised reportsCode, at any time after evaluating the risks to public safety and the prosecutorwelfare of the defendant or person, the designee of the department of mental health and toaddiction services or the counselmanaging forofficer of the institution or director of the facility or program to which the defendant 642or person is committed may recommend a termination of the defendant's or person.person's commitment or a change in the conditions of the defendant's or person's commitment.

WithinExcept thirtyas daysotherwise afterprovided itsin receiptdivision pursuant(D)(2) toof this 643section, divisionif ofthe adesignee reportof from the department,department institution,of facility,mental 644health orand program,addiction theservices trialrecommends courton-grounds shallunsupervised holdmovement, aoff-grounds hearingsupervised onmovement, theor 645nonsecured continuedstatus commitmentfor of the defendant or person or ontermination anyof 646 changes in the conditionsdefendant's ofor theperson's commitmentcommitment, of the defendantfollowing orprovisions 647apply: person.

The(a) defendantIf orthe persondepartment's maydesignee requestrecommends aon-grounds changeunsupervised inmovement theor 648off- conditionsgrounds ofsupervised confinement,movement, and the trialdepartment's courtdesignee shall conductfile awith 649the hearingtrial oncourt thatan requestapplication iffor sixapproval monthsof orthe moremovement haveand elapsedshall sincesend 650a thecopy mostof recentthe hearingapplication wasto conductedthe underprosecutor. this section.

651Within Am.fifteen days after receiving the application, the prosecutor may request a hearing on the application and, if a hearing is requested, shall so inform the department's designee.

If the prosecutor does not request a hearing within the fifteen-day period, the trial court shall approve the application by entering its order approving the requested movement or, within five days after the expiration of the fifteen-day period, shall set a date for a hearing on the application.

If the prosecutor requests a hearing on the application within the fifteen-day period, the trial court shall hold a hearing on the application within thirty days after the hearing is requested.

If the trial court, within five days after the expiration of the fifteen-day period, sets a date for a hearing on the application, the trial court shall hold the hearing within thirty days after setting the hearing date.

At least fifteen days before any hearing is held under this division, the trial court shall give the prosecutor written notice of the date, time, and place of the hearing.

At the conclusion of each hearing conducted under this division, the trial court either shall approve or disapprove the application and shall enter its order accordingly.

(b) If the department's designee recommends termination of the defendant's or person's commitment at any time or if the department's designee recommends the first of any nonsecured status for the defendant or person, the department's designee shall send written notice of this recommendation to the trial court and to the local forensic center.

The local forensic center shall evaluate the committed defendant or person and, within thirty days after its receipt of the written Am.

295 Page136th 23G.A. As Passed by the Senate (D)(1) Except as otherwise provided in division (D)(2) of 652 this section, when a defendant or person has been committed 653 under section 2945.39 or 2945.40 of the Revised Code, at any 654 time after evaluating the risks to public safety and the welfare 655 of the defendant or person, the designee of the department of 656 mental health and addiction services or the managing officer of 657 the institution or director of the facility or program to which 658 the defendant or person is committed may recommend a termination 659 of the defendant's or person's commitment or a change in the 660 conditions of the defendant's or person's commitment.

661notice, Exceptshall assubmit otherwiseto provided in division (D)(2) of this 662 section, if the designeetrial ofcourt the department of mental health and 663 addiction services recommends on-grounds unsupervised movement, 664 off-grounds supervised movement, or nonsecured status for the 665department's defendantdesignee ora personwritten orreport termination of the defendant'sevaluation. or 666 person's commitment, the following provisions apply:

667The (a)trial Ifcourt theshall department'sprovide designeea recommendscopy on-groundsof 668 unsupervised movement or off-grounds supervised movement, the 669 department's designeedesignee's shallwritten filenotice withand of the triallocal courtforensic ancenter's 670written applicationreport forto approval of the movementprosecutor and shallto sendthe acounsel copyfor 671 of the applicationdefendant toor theperson. prosecutor.

WithinUpon fifteenthe dayslocal afterforensic 672center's receivingsubmission theof application, the prosecutorreport mayto requestthe atrial hearingcourt 673and on the applicationdepartment's and,designee, ifall aof hearing is requested, shall so 674 inform the department'sfollowing designee.apply:

(i) If the prosecutorforensic doescenter notdisagrees 675with request a hearing within the fifteen-dayrecommendation period,of the trialdepartment's courtdesignee, 676it shall approveinform the applicationdepartment's bydesignee enteringand its order approving 677 the requestedtrial movementcourt or,of withinits fivedecision daysand after the expirationreasons 678 of the fifteen-day period, shall set a date for a hearing on the 679decision. application.

IfThe thedepartment's prosecutordesignee, requestsafter aconsideration hearingof on the 680forensic applicationcenter's withindecision, the fifteen-day period, the trial court shall 681either holdwithdraw, aproceed hearingwith, onor themodify applicationand withinproceed thirtywith days after the 682recommendation. Am.

If the department's designee proceeds with, or modifies and proceeds with, the recommendation, the department's designee shall proceed in accordance with division (D)(1)(b)(iii) of this section.

(ii) If the forensic center agrees with the recommendation of the department's designee, it shall inform the department's designee and the trial court of its decision and the reasons for the decision, and the department's designee shall proceed in accordance with division (D)(1)(b)(iii) of this section.

(iii) If the forensic center disagrees with the recommendation of the department's designee and the department's designee proceeds with, or modifies and proceeds with, the recommendation or if the forensic center agrees with the recommendation of the department's designee, the department's designee shall work with community mental health services providers, programs, facilities, or boards of alcohol, drug addiction, and mental health services or community mental health boards to develop a plan to implement the recommendation.

If the defendant or person is on medication, the plan shall include, but shall not be limited to, a system to monitor the defendant's or person's compliance with the prescribed medication treatment plan.

The system shall include a schedule that clearly states when the defendant or person shall report for a medication compliance check.

The medication compliance checks shall be based upon the effective duration of the prescribed medication, taking into account the route by which it is taken, and shall be scheduled at intervals sufficiently close together to detect a potential increase in mental illness symptoms that the medication is intended to prevent.

The department's designee, after consultation with the board of alcohol, drug addiction, and mental health services or the community mental health board serving the area, shall send the recommendation and plan developed under division (D)(1)(b)(iii) of this section, in writing, to the trial court, the prosecutor, and the counsel for the committed defendant or person.

The trial court shall conduct a hearing on the recommendation and plan developed under division (D)(1)(b)(iii) of this section.

Divisions (D)(1)(c) and (d) and (E) to (J) of this section apply regarding the hearing.

(c) If the department's designee's recommendation is for nonsecured status or termination of commitment, the prosecutor may obtain an independent expert evaluation of the defendant's or person's mental condition, and the trial court may continue the hearing on the recommendation for a period of not more than thirty days to permit time for the evaluation.

Am.

295 Page136th 24G.A. As Passed by the Senate hearing is requested.

IfThe theprosecutor trialmay court,introduce within five days after 683 the expirationevaluation ofreport theor fifteen-daypresent period,other setsevidence aat date for a 684 hearing on the application, the trial court shall hold the 685 hearing withinin thirtyaccordance dayswith after setting the hearingRules date.of Evidence.

At(d) 686The leasttrial fifteencourt daysshall beforeschedule anythe hearing ison helda underdepartment's thisdesignee's 687recommendation division,for thenonsecured trialstatus courtor shalltermination giveof thecommitment prosecutorand writtenshall 688give reasonable notice ofto the date,prosecutor time, and placethe ofcounsel for the hearing.defendant or person.

AtUnless thecontinued 689for conclusionindependent ofevaluation eachat hearingthe conductedprosecutor's underrequest thisor division,for theother 690good trialcause, courtthe eitherhearing shall approvebe orheld disapprovewithin thirty days after the applicationtrial 691court's andreceipt shallof enterthe itsrecommendation orderand accordingly.plan.

692(2)(a) (b)Division If(D)(1) theof department'sthis designeesection recommendsdoes terminationnot ofapply 693to theon-grounds defendant'sunsupervised ormovement person'sof commitmenta atdefendant anyor timeperson orwho ifhas thebeen 694committed department'sunder designeesection recommends2945.39 theor first2945.40 of anythe nonsecuredRevised 695Code, statuswho foris thea defendantperson orwith person,an theintellectual department'sdisability designeesubject 696to shallinstitutionalization sendby writtencourt noticeorder, ofand thiswho recommendationis tobeing theprovided trialresidential 697habilitation, courtcare, and totreatment in a facility operated by the localdepartment forensicof center.developmental disabilities.

The(b) localIf, forensicpursuant 698to centersection shall2945.39 evaluateof the committedRevised Code, the trial court commits a defendant orwho is found incompetent to stand trial and who is a person and,with 699an withinintellectual thirtydisability dayssubject afterto itsinstitutionalization by court order, if the defendant is being provided residential habilitation, care, and treatment in a facility operated by the department of developmental disabilities, if an individual who is conducting a survey for the department of health to determine the facility's compliance with the certification requirements of the medicaid program cites the defendant's receipt of the writtenresidential notice,habilitation, 700care, shalland submittreatment in the facility as being inappropriate under the certification requirements, if the defendant's receipt of the residential habilitation, care, and treatment in the facility potentially jeopardizes the facility's continued receipt of federal medicaid moneys, and if as a result of the citation the chief clinical officer of the facility determines that the conditions of the defendant's commitment should be changed, the department of developmental disabilities may cause the defendant to be removed from the trialparticular courtfacility and, after evaluating the risks to public safety and the department'swelfare designeeof the defendant and after determining whether another type of placement is consistent with the certification requirements, may place the defendant in another facility that the department selects as an appropriate facility for the defendant's continued receipt of residential habilitation, care, and treatment and that is a 701no writtenless reportsecure setting than the facility in which the defendant had been placed at the time of the evaluation.citation.

TheWithin trialthree courtdays shallafter providethe 702defendant's aremoval copyand ofalternative placement under the department'scircumstances designee'sdescribed writtenin noticedivision and(D)(2)(b) of thethis 703section, localthe forensicdepartment center'sof writtendevelopmental reportdisabilities toshall notify the prosecutortrial court and tothe 704prosecutor thein counselwriting forof the defendantremoval orand person.alternative placement.

UponThe thetrial localcourt forensicshall 705set center'sa submissiondate offor thea reporthearing toon the trialremoval courtand alternative placement, and the 706hearing department'sshall designee,be allheld within twenty-one days after the trial court's receipt of the followingnotice apply:from the department of developmental disabilities.

707At (i)least Iften thedays forensicbefore center disagrees with the 708hearing recommendationis ofheld, the department'strial designee,court it shall informgive the 709prosecutor, department'sthe designeedepartment of developmental disabilities, and the trialcounsel courtfor ofthe itsdefendant decisionwritten andnotice 710of the reasonsdate, fortime, and place of the decision.hearing.

TheAt department'sthe designee,hearing, after 711 consideration of the forensictrial center'scourt decision, shall eitherconsider 712the withdraw,citation proceedissued with,by orthe modifyindividual andwho proceedconducted withthe survey for the 713department of Am.

295 Page136th 25G.A. As Passed by the Senate recommendation.

Ifhealth theto department'sbe designeeprima-facie proceedsevidence with,of orthe 714fact modifiesthat andthe proceedsdefendant's with,commitment to the recommendation,particular facility was inappropriate under the department'scertification 715requirements designeeof shallthe proceedmedicaid inprogram accordanceand withpotentially divisionjeopardizes (D)(1)(b)the 716particular (iii)facility's continued receipt of thisfederal section.medicaid moneys.

717At (ii) If the forensicconclusion center agrees with the recommendation 718 of the department'shearing, designee, it shall inform the department's 719 designee and the trial court ofmay itsapprove decisionor anddisapprove the reasonsdefendant's forremoval 720 the decision, and thealternative department'splacement. designee shall proceed in 721 accordance with division (D)(1)(b)(iii) of this section.

722 (iii) If the forensictrial centercourt disagreesapproves with the 723defendant's recommendationremoval of the department's designee and thealternative department'splacement, 724 designee proceeds with, or modifies and proceeds with, the 725department recommendationof ordevelopmental ifdisabilities themay forensiccontinue center agrees with the 726defendant's recommendationalternative ofplacement. the department's designee, the department's 727 designee shall work with community mental health services 728 providers, programs, facilities, or boards of alcohol, drug 729 addiction, and mental health services or community mental health 730 boards to develop a plan to implement the recommendation.

If the 731trial defendantcourt ordisapproves personthe isdefendant's onremoval medication,and thealternative planplacement, it shall include,enter 732an order modifying the defendant's removal and alternative placement, but that order shall not berequire limitedthe to,department aof systemdevelopmental disabilities to monitorreplace the defendant'sdefendant 733for orpurposes person'sof compliancecontinued residential habilitation, care, and treatment in the facility associated with the prescribedcitation medicationissued treatmentby 734the plan.individual who conducted the survey for the department of health.

The(E) systemIn shallmaking include a scheduledetermination thatunder clearlythis statessection 735regarding whennonsecured thestatus defendant or persontermination of commitment, the trial court shall reportconsider forall arelevant medicationfactors, 736including, compliancebut check.not limited to, all of the following:

The(1) medicationWhether, compliancein checks shall be 737 based upon the effectivetrial durationcourt's ofview, the prescribeddefendant medication,or 738person takingcurrently intorepresents accounta thesubstantial routerisk byof whichphysical itharm is taken, and shall be 739 scheduled at intervals sufficiently close together to detect a 740 potential increase in mental illness symptoms that the 741defendant medicationor isperson intendedor toothers; prevent.

742(2) ThePsychiatric department'sand designee,medical aftertestimony consultationas withto the 743current Am.mental and physical condition of the defendant or person;

(3) Whether the defendant or person has insight into the defendant's or person's condition so that the defendant or person will continue treatment as prescribed or seek professional assistance as needed;

(4) The grounds upon which the state relies for the proposed commitment;

(5) Any past history that is relevant to establish the defendant's or person's degree of conformity to the laws, rules, regulations, and values of society;

(6) If there is evidence that the defendant's or person's mental illness is in a state of remission, the medically suggested cause and degree of the remission and the probability that the defendant or person will continue treatment to maintain the remissive state of the defendant's or person's illness should the defendant's or person's commitment conditions be altered.

(F) At any hearing held pursuant to division (C) or (D)(1) or (2) of this section, the defendant or the person shall have all the rights of a defendant or person at a commitment hearing as described in section 2945.40 of the Revised Code.

(G) In a hearing held pursuant to division (C) or (D)(1) of this section, the prosecutor has the burden of proof as follows:

(1) For a recommendation of termination of commitment, to show by clear and convincing evidence that the defendant or person remains a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order;

(2) For a recommendation for a change in the conditions of the commitment to a less restrictive status, to show by clear and convincing evidence that the proposed change represents a Am.

295 Page136th 26G.A. As Passed by the Senate board of alcohol, drug addiction, and mental health services or 744 the community mental health board serving the area, shall send 745 the recommendation and plan developed under division (D)(1)(b) 746 (iii) of this section, in writing, to the trial court, the 747 prosecutor, and the counsel for the committed defendant or 748 person.

Thethreat trialto courtpublic shallsafety conductor a hearingthreat onto the 749safety recommendation and plan developed under division (D)(1)(b)(iii) 750 of thisany section.person.

Divisions(H) (D)(1)(c)In anda (d)hearing andheld (E)pursuant to (J)division of(C) 751or (D)(1) or (2) of this sectionsection, applythe regardingprosecutor shall represent the hearing.state or the public interest.

752(I) (c)At If the department'sconclusion designee'sof recommendationa ishearing forconducted 753under nonsecureddivision status(D)(1) or termination of commitment,this thesection prosecutorregarding 754a mayrecommendation obtainfrom anthe independentdesignee expertof evaluationthe department of themental defendant'shealth 755and oraddiction person'sservices, mentalmanaging condition,officer andof the trialinstitution, courtor maydirector continueof 756a thefacility hearingor onprogram, the recommendationtrial forcourt amay periodapprove, ofdisapprove, notor moremodify thanthe 757recommendation thirtyand daysshall toenter permitan timeorder foraccordingly. the evaluation.

758(J)(1) TheA prosecutordefendant mayor introduceperson thewho evaluationhas reportbeen committed pursuant to section 2945.39 or 7592945.40 presentof otherthe evidenceRevised atCode continues to be under the hearingjurisdiction inof accordancethe withtrial court until the 760final Rulestermination of Evidence.the commitment.

761For (d)purposes Theof trialdivision court(J) shallof schedulethis section, the hearingfinal on a 762 department's designee's recommendation for nonsecured status or 763 termination of a commitment andoccurs shallupon give reasonable notice to 764 the prosecutorearlier andof theone counselof for the defendantfollowing: or person.

765(a) UnlessThe continueddefendant foror independentperson evaluationno atlonger theis prosecutor'sa 766person requestwith ora formental otherillness goodsubject cause,to thecourt hearingorder shallor bea heldperson 767with withinan thirtyintellectual daysdisability aftersubject theto trialinstitutionalization court'sby receiptcourt oforder, theas 768determined recommendationby andthe plan.trial court;

769(b) (2)(a)The Divisionexpiration (D)(1) of thisthe sectionmaximum doesprison notterm applyor toterm 770of on-groundsimprisonment unsupervisedthat movementthe of a defendant or person whocould 771have hasreceived beenif committedthe underdefendant sectionor 2945.39person orhad 2945.40been convicted of the 772most Revisedserious Code,offense whowith which the defendant or person is acharged or in relation to which the defendant or person withwas anfound intellectualnot disabilityguilty 773by Am.reason of insanity;

(c) The trial court enters an order terminating the commitment under the circumstances described in division (J)(2)(a)(ii) of this section.

(2)(a) If a defendant is found incompetent to stand trial and committed pursuant to section 2945.39 of the Revised Code, if neither of the circumstances described in divisions (J)(1)(a) and (b) of this section applies to that defendant, and if a report filed with the trial court pursuant to division (C) of this section indicates that the defendant presently is competent to stand trial or if, at any other time during the period of the defendant's commitment, the prosecutor, the counsel for the defendant, or the designee of the department of mental health and addiction services or the managing officer of the institution or director of the facility or program to which the defendant is committed files an application with the trial court alleging that the defendant presently is competent to stand trial and requesting a hearing on the competency issue or the trial court otherwise has reasonable cause to believe that the defendant presently is competent to stand trial and determines on its own motion to hold a hearing on the competency issue, the trial court shall schedule a hearing on the competency of the defendant to stand trial, shall give the prosecutor, the counsel for the defendant, and the department's designee or the managing officer of the institution or the director of the facility to which the defendant is committed notice of the date, time, and place of the hearing at least fifteen days before the hearing, and shall conduct the hearing within thirty days of the filing of the application or of its own motion.

If, at the conclusion of the hearing, the trial court determines that the defendant presently is capable of understanding the nature and objective of the proceedings against the defendant and of assisting in the defendant's defense, the trial court shall order that the Am.

295 Page136th 27G.A. As Passed by the Senate subject to institutionalization by court order, and who is being 774 provided residential habilitation, care, and treatment in a 775 facility operated by the department of developmental 776 disabilities.

777 (b) If, pursuant to section 2945.39 of the Revised Code, 778 the trial court commits a defendant who is foundcompetent incompetent to 779 stand trial and whoshall isbe aproceeded personagainst withas an intellectual disability 780 subject to institutionalization by court order, if the defendant 781 is being provided residential habilitation, care, and treatment 782 in a facility operated by thelaw departmentwith ofrespect developmental 783 disabilities, if an individual who is conducting a survey for 784 the department of health to determine the facility'sapplicable complianceoffenses 785described with the certification requirements of the medicaid program 786 cites the defendant's receipt of the residential habilitation, 787 care, and treatment in thedivision facility(C)(1) asor being(2) inappropriate under 788 the certification requirements, if the defendant's receipt of 789section the2945.38 residential habilitation, care, and treatment in the 790 facility potentially jeopardizes the facility's continued 791 receipt of federal medicaid moneys, and if as a result of the 792Revised citationCode the chief clinical officer of the facility determines 793 that the conditions of the defendant's commitment should be 794 changed, the department of developmental disabilities may cause 795 the defendant to be removed from the particular facility and, 796 after evaluating the risks to public safety and theshall welfareenter ofwhichever 797 the defendant and after determining whether another type of 798 placement is consistent with the certificationfollowing requirements,additional mayorders 799 place the defendant in another facility that the department 800 selects as an appropriate facility for the defendant's continued 801 receipt of residential habilitation, care, and treatment and 802 that is aappropriate: no less secure setting than the facility in which the 803 defendant had been placed at the time of the citation.

Within(i) 804If Am.the trial court determines that the defendant remains a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order, the trial court shall order that the defendant's commitment to the department of mental health and addiction services or to an institution, facility, or program for the treatment of intellectual disabilities be continued during the pendency of the trial on the applicable offenses described in division (C)(1) or (2) of section 2945.38 of the Revised Code.

(ii) If the trial court determines that the defendant no longer is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order, the trial court shall order that the defendant's commitment to the department of mental health and addiction services or to an institution, facility, or program for the treatment of intellectual disabilities shall not be continued during the pendency of the trial on the applicable offenses described in division (C)(1) or (2) of section 2945.38 of the Revised Code.

This order shall be a final termination of the commitment for purposes of division (J)(1)(c) of this section.

(b) If, at the conclusion of the hearing described in division (J)(2)(a) of this section, the trial court determines that the defendant remains incapable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense, the trial court shall order that the defendant continues to be incompetent to stand trial, that the defendant's commitment to the department of mental health and addiction services or to an institution, facility, or program for the treatment of intellectual disabilities shall be continued, and that the defendant remains subject to the jurisdiction of the trial court pursuant to that commitment, and to the provisions of this section, until the final termination of the commitment as described in division (J)(1) of this section.

SECTION 2.

That existing sections 2945.38, 2945.39, and 2945.401 of the Revised Code are hereby repealed.

SECTION 3.

This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety.

The reason for such necessity is that immediate action is necessary to effect the change on existing cases where existing restoration of competency time limitations are waning.

Therefore, this act shall go into immediate effect.

Am.

295 Page136th 28G.A. As Passed by the Senate three days after the defendant's removal and alternative 805 placement under the circumstances described in division (D)(2) 806 (b) of this section, the department of developmental 807 disabilities shall notify the trial court and the prosecutor in 808 writing of the removal and alternative placement.

809Speaker The___________________ trial court shall set a date for a hearing on the 810 removal and alternative placement, and the hearing shall be held 811 within twenty-one days after the trial court's receipt of the 812House notice from the department of developmentalRepresentatives. disabilities.

AtPresident 813___________________ least ten days before the hearing is held, the trial court shall 814 give the prosecutor, the department of developmental 815 disabilities, and the counselSenate. for the defendant written notice 816 of the date, time, and place of the hearing.

AtPassed the________________________, hearing,20____ theApproved 817________________________, trial20____ courtGovernor. shall consider the citation issued by the individual 818 who conducted the survey for the department of health to be 819 prima-facie evidence of the fact that the defendant's commitment 820 to the particular facility was inappropriate under the 821 certification requirements of the medicaid program and 822 potentially jeopardizes the particular facility's continued 823 receipt of federal medicaid moneys.

AtAm. the conclusion of the 824 hearing, the trial court may approve or disapprove the 825 defendant's removal and alternative placement.

If the trial 826 court approves the defendant's removal and alternative 827 placement, the department of developmental disabilities may 828 continue the defendant's alternative placement.

If the trial 829 court disapproves the defendant's removal and alternative 830 placement, it shall enter an order modifying the defendant's 831 removal and alternative placement, but that order shall not 832 require the department of developmental disabilities to replace 833 the defendant for purposes of continued residential 834 habilitation, care, and treatment in the facility associated 835 Am.

295 Page136th 29G.A. As Passed by the Senate with the citation issued by the individual who conducted the 836 survey for the department of health.

837The (E) In making a determination under this section regardingnumbering 838of nonsecuredlaw status or termination of commitment,a thegeneral trialand courtpermanent 839nature shallis considercomplete alland relevantin factors,conformity including,with but not limited 840 to, all of the following:Revised Code.

841Director, (1)Legislative Whether,Service inCommission. the trial court's view, the defendant or 842 person currently represents a substantial risk of physical harm 843 to the defendant or person or others;

844Filed (2)in Psychiatricthe andoffice medicalof testimony as to the currentSecretary 845of mentalState andat physicalColumbus, conditionOhio, ofon the defendant____ orday person;of ___________,A.

846D. (3) Whether the defendant or person has insight into the 847 defendant's or person's condition so that the defendant or 848 person will continue treatment as prescribed or seek 849 professional assistance as needed;

85020____. (4) The grounds upon which the state relies for the 851 proposed commitment;

852Secretary (5) Any past history that is relevant to establish the 853 defendant's or person's degree of conformityState. to the laws, rules, 854 regulations, and values of society;

855File (6)No. If there is evidence that the defendant's or person's 856 mental illness is in a state of remission, the medically 857 suggested cause and degree of the remission and the probability 858 that the defendant or person will continue treatment to maintain 859 the remissive state of the defendant's or person's illness 860 should the defendant's or person's commitment conditions be 861 altered.

862_________ (F)Effective AtDate any___________________ hearing held pursuant to division (C) or (D)(1) 863 Am.

S.

B.

No.

295 Page 30 As Passed by the Senate or (2) of this section, the defendant or the person shall have 864 all the rights of a defendant or person at a commitment hearing 865 as described in section 2945.40 of the Revised Code.

866 (G) In a hearing held pursuant to division (C) or (D)(1) 867 of this section, the prosecutor has the burden of proof as 868 follows:

869 (1) For a recommendation of termination of commitment, to 870 show by clear and convincing evidence that the defendant or 871 person remains a person with a mental illness subject to court 872 order or a person with an intellectual disability subject to 873 institutionalization by court order;

874 (2) For a recommendation for a change in the conditions of 875 the commitment to a less restrictive status, to show by clear 876 and convincing evidence that the proposed change represents a 877 threat to public safety or a threat to the safety of any person.

878 (H) In a hearing held pursuant to division (C) or (D)(1) 879 or (2) of this section, the prosecutor shall represent the state 880 or the public interest.

881 (I) At the conclusion of a hearing conducted under 882 division (D)(1) of this section regarding a recommendation from 883 the designee of the department of mental health and addiction 884 services, managing officer of the institution, or director of a 885 facility or program, the trial court may approve, disapprove, or 886 modify the recommendation and shall enter an order accordingly.

887 (J)(1) A defendant or person who has been committed 888 pursuant to section 2945.39 or 2945.40 of the Revised Code 889 continues to be under the jurisdiction of the trial court until 890 the final termination of the commitment.

For purposes of 891 division (J) of this section, the final termination of a 892 Am.

S.

B.

No.

295 Page 31 As Passed by the Senate commitment occurs upon the earlier of one of the following:

893 (a) The defendant or person no longer is a person with a 894 mental illness subject to court order or a person with an 895 intellectual disability subject to institutionalization by court 896 order, as determined by the trial court;

897 (b) The expiration of the maximum prison term or term of 898 imprisonment that the defendant or person could have received if 899 the defendant or person had been convicted of the most serious 900 offense with which the defendant or person is charged or in 901 relation to which the defendant or person was found not guilty 902 by reason of insanity;

903 (c) The trial court enters an order terminating the 904 commitment under the circumstances described in division (J)(2) 905 (a)(ii) of this section.

906 (2)(a) If a defendant is found incompetent to stand trial 907 and committed pursuant to section 2945.39 of the Revised Code, 908 if neither of the circumstances described in divisions (J)(1)(a) 909 and (b) of this section applies to that defendant, and if a 910 report filed with the trial court pursuant to division (C) of 911 this section indicates that the defendant presently is competent 912 to stand trial or if, at any other time during the period of the 913 defendant's commitment, the prosecutor, the counsel for the 914 defendant, or the designee of the department of mental health 915 and addiction services or the managing officer of the 916 institution or director of the facility or program to which the 917 defendant is committed files an application with the trial court 918 alleging that the defendant presently is competent to stand 919 trial and requesting a hearing on the competency issue or the 920 trial court otherwise has reasonable cause to believe that the 921 defendant presently is competent to stand trial and determines 922 Am.

S.

B.

No.

295 Page 32 As Passed by the Senate on its own motion to hold a hearing on the competency issue, the 923 trial court shall schedule a hearing on the competency of the 924 defendant to stand trial, shall give the prosecutor, the counsel 925 for the defendant, and the department's designee or the managing 926 officer of the institution or the director of the facility to 927 which the defendant is committed notice of the date, time, and 928 place of the hearing at least fifteen days before the hearing, 929 and shall conduct the hearing within thirty days of the filing 930 of the application or of its own motion.

If, at the conclusion 931 of the hearing, the trial court determines that the defendant 932 presently is capable of understanding the nature and objective 933 of the proceedings against the defendant and of assisting in the 934 defendant's defense, the trial court shall order that the 935 defendant is competent to stand trial and shall be proceeded 936 against as provided by law with respect to the applicable 937 offenses described in division (C)(1) or (2) of section 2945.38 938 of the Revised Code and shall enter whichever of the following 939 additional orders is appropriate:

940 (i) If the trial court determines that the defendant 941 remains a person with a mental illness subject to court order or 942 a person with an intellectual disability subject to 943 institutionalization by court order, the trial court shall order 944 that the defendant's commitment to the department of mental 945 health and addiction services or to an institution, facility, or 946 program for the treatment of intellectual disabilities be 947 continued during the pendency of the trial on the applicable 948 offenses described in division (C)(1) or (2) of section 2945.38 949 of the Revised Code.

950 (ii) If the trial court determines that the defendant no 951 longer is a person with a mental illness subject to court order 952 or a person with an intellectual disability subject to 953 Am.

S.

B.

No.

295 Page 33 As Passed by the Senate institutionalization by court order, the trial court shall order 954 that the defendant's commitment to the department of mental 955 health and addiction services or to an institution, facility, or 956 program for the treatment of intellectual disabilities shall not 957 be continued during the pendency of the trial on the applicable 958 offenses described in division (C)(1) or (2) of section 2945.38 959 of the Revised Code.

This order shall be a final termination of 960 the commitment for purposes of division (J)(1)(c) of this 961 section.

962 (b) If, at the conclusion of the hearing described in 963 division (J)(2)(a) of this section, the trial court determines 964 that the defendant remains incapable of understanding the nature 965 and objective of the proceedings against the defendant or of 966 assisting in the defendant's defense, the trial court shall 967 order that the defendant continues to be incompetent to stand 968 trial, that the defendant's commitment to the department of 969 mental health and addiction services or to an institution, 970 facility, or program for the treatment of intellectual 971 disabilities shall be continued, and that the defendant remains 972 subject to the jurisdiction of the trial court pursuant to that 973 commitment, and to the provisions of this section, until the 974 final termination of the commitment as described in division (J) 975 (1) of this section.

976 Section 2.

That existing sections 2945.38, 2945.39, and 977 2945.401 of the Revised Code are hereby repealed.

978 Section 3.

This act is hereby declared to be an emergency 979 measure necessary for the immediate preservation of the public 980 peace, health, and safety.

The reason for such necessity is that 981 immediate action is necessary to effect the change on existing 982 cases where existing restoration of competency time limitations 983 Am.

S.

B.

No.

295 Page 34 As Passed by the Senate are waning.

Therefore, this act shall go into immediate effect.

984