As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 350

Senator Burke 

Cosponsors: Senators Seitz, Jones 

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A BILL

To amend sections 2151.011, 2151.23, 2923.125,

1

2923.1213, 2923.13, 2945.37, 2945.38, 2945.39,

2

2945.40, 2945.401, 2967.22, 5119.23, 5120.17,

3

5122.01, 5122.03, 5122.05, 5122.10, 5122.11,

4

5122.13, 5122.141, 5122.15, 5122.19, 5122.21,

5

5122.27, 5122.30, 5122.31, 5122.311, 5139.54,

6

5305.22, 5907.06, and 5907.09 and to enact section

7

5122.111 of the Revised Code and to amend the

8

versions of sections 5122.01, 5122.27, and 5122.31

9

of the Revised Code that are scheduled to take

10

effect on October 1, 2012, to make changes to the

11

laws governing the civil commitment of and

12

treatment provided to mentally ill persons.

13

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

Section 1.  That sections 2151.011, 2151.23, 2923.125,	14
2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40, 2945.401,	15
2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05, 5122.10,	16
5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21, 5122.27,	17
5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06, and 5907.09	18
be amended and section 5122.111 of the Revised Code be enacted to	19
read as follows:	20

Sec. 2151.011.  (A) As used in the Revised Code:

21

(1) "Juvenile court" means whichever of the following is	22
applicable that has jurisdiction under this chapter and Chapter	23
2152. of the Revised Code:	24

(a) The division of the court of common pleas specified in	25
section 2101.022 or 2301.03 of the Revised Code as having	26
jurisdiction under this chapter and Chapter 2152. of the Revised	27
Code or as being the juvenile division or the juvenile division	28
combined with one or more other divisions;	29

(b) The juvenile court of Cuyahoga county or Hamilton county	30
that is separately and independently created by section 2151.08 or	31
Chapter 2153. of the Revised Code and that has jurisdiction under	32
this chapter and Chapter 2152. of the Revised Code;	33

(c) If division (A)(1)(a) or (b) of this section does not	34
apply, the probate division of the court of common pleas.	35

(2) "Juvenile judge" means a judge of a court having	36
jurisdiction under this chapter.	37

(3) "Private child placing agency" means any association, as	38
defined in section 5103.02 of the Revised Code, that is certified	39
under section 5103.03 of the Revised Code to accept temporary,	40
permanent, or legal custody of children and place the children for	41
either foster care or adoption.	42

(4) "Private noncustodial agency" means any person,	43
organization, association, or society certified by the department	44
of job and family services that does not accept temporary or	45
permanent legal custody of children, that is privately operated in	46
this state, and that does one or more of the following:	47

(a) Receives and cares for children for two or more	48
consecutive weeks;	49

(b) Participates in the placement of children in certified	50
foster homes;	51

(c) Provides adoption services in conjunction with a public	52
children services agency or private child placing agency.	53

(B) As used in this chapter:

54

(1) "Adequate parental care" means the provision by a child's	55
parent or parents, guardian, or custodian of adequate food,	56
clothing, and shelter to ensure the child's health and physical	57
safety and the provision by a child's parent or parents of	58
specialized services warranted by the child's physical or mental	59
needs.	60

(2) "Adult" means an individual who is eighteen years of age	61
or older.	62

(3) "Agreement for temporary custody" means a voluntary	63
agreement authorized by section 5103.15 of the Revised Code that	64
transfers the temporary custody of a child to a public children	65
services agency or a private child placing agency.	66

(4) "Alternative response" means the public children services	67
agency's response to a report of child abuse or neglect that	68
engages the family in a comprehensive evaluation of child safety,	69
risk of subsequent harm, and family strengths and needs and that	70
does not include a determination as to whether child abuse or	71
neglect occurred.	72

(5) "Certified foster home" means a foster home, as defined	73
in section 5103.02 of the Revised Code, certified under section	74
5103.03 of the Revised Code.	75

(6) "Child" means a person who is under eighteen years of	76
age, except that the juvenile court has jurisdiction over any	77
person who is adjudicated an unruly child prior to attaining	78
eighteen years of age until the person attains twenty-one years of	79
age, and, for purposes of that jurisdiction related to that	80
adjudication, a person who is so adjudicated an unruly child shall	81
be deemed a "child" until the person attains twenty-one years of	82
age.	83

(7) "Child day camp," "child care," "child day-care center,"	84
"part-time child day-care center," "type A family day-care home,"	85
"certified type B family day-care home," "type B home,"	86
"administrator of a child day-care center," "administrator of a	87
type A family day-care home," "in-home aide," and "authorized	88
provider" have the same meanings as in section 5104.01 of the	89
Revised Code.	90

(8) "Child care provider" means an individual who is a	91
child-care staff member or administrator of a child day-care	92
center, a type A family day-care home, or a type B family day-care	93
home, or an in-home aide or an individual who is licensed, is	94
regulated, is approved, operates under the direction of, or	95
otherwise is certified by the department of job and family	96
services, department of developmental disabilities, or the early	97
childhood programs of the department of education.	98

(9) "Chronic truant" has the same meaning as in section	99
2152.02 of the Revised Code.	100

(10) "Commit" means to vest custody as ordered by the court.

101

(11) "Counseling" includes both of the following:

102

(a) General counseling services performed by a public	103
children services agency or shelter for victims of domestic	104
violence to assist a child, a child's parents, and a child's	105
siblings in alleviating identified problems that may cause or have	106
caused the child to be an abused, neglected, or dependent child.	107

(b) Psychiatric or psychological therapeutic counseling	108
services provided to correct or alleviate any mental or emotional	109
illness or disorder and performed by a licensed psychiatrist,	110
licensed psychologist, or a person licensed under Chapter 4757. of	111
the Revised Code to engage in social work or professional	112
counseling.	113

(12) "Custodian" means a person who has legal custody of a	114
child or a public children services agency or private child	115
placing agency that has permanent, temporary, or legal custody of	116
a child.	117

(13) "Delinquent child" has the same meaning as in section	118
2152.02 of the Revised Code.	119

(14) "Detention" means the temporary care of children pending	120
court adjudication or disposition, or execution of a court order,	121
in a public or private facility designed to physically restrict	122
the movement and activities of children.	123

(15) "Developmental disability" has the same meaning as in	124
section 5123.01 of the Revised Code.	125

(16) "Differential response approach" means an approach that	126
a public children services agency may use to respond to accepted	127
reports of child abuse or neglect with either an alternative	128
response or a traditional response.	129

(17) "Foster caregiver" has the same meaning as in section	130
5103.02 of the Revised Code.	131

(18) "Guardian" means a person, association, or corporation	132
that is granted authority by a probate court pursuant to Chapter	133
2111. of the Revised Code to exercise parental rights over a child	134
to the extent provided in the court's order and subject to the	135
residual parental rights of the child's parents.	136

(19) "Habitual truant" means any child of compulsory school	137
age who is absent without legitimate excuse for absence from the	138
public school the child is supposed to attend for five or more	139
consecutive school days, seven or more school days in one school	140
month, or twelve or more school days in a school year.	141

(20) "Juvenile traffic offender" has the same meaning as in	142
section 2152.02 of the Revised Code.	143

(21) "Legal custody" means a legal status that vests in the	144
custodian the right to have physical care and control of the child	145
and to determine where and with whom the child shall live, and the	146
right and duty to protect, train, and discipline the child and to	147
provide the child with food, shelter, education, and medical care,	148
all subject to any residual parental rights, privileges, and	149
responsibilities. An individual granted legal custody shall	150
exercise the rights and responsibilities personally unless	151
otherwise authorized by any section of the Revised Code or by the	152
court.	153

(22) A "legitimate excuse for absence from the public school	154
the child is supposed to attend" includes, but is not limited to,	155
any of the following:	156

(a) The fact that the child in question has enrolled in and	157
is attending another public or nonpublic school in this or another	158
state;	159

(b) The fact that the child in question is excused from	160
attendance at school for any of the reasons specified in section	161
3321.04 of the Revised Code;	162

(c) The fact that the child in question has received an age	163
and schooling certificate in accordance with section 3331.01 of	164
the Revised Code.	165

(23) "Mental illness" and "mentally ill person subject to	166
hospitalization by court order" have the same meanings as in	167
section 5122.01 of the Revised Code.	168

(24) "Mental injury" means any behavioral, cognitive,	169
emotional, or mental disorder in a child caused by an act or	170
omission that is described in section 2919.22 of the Revised Code	171
and is committed by the parent or other person responsible for the	172
child's care.	173

(25) "Mentally retarded person" has the same meaning as in	174
section 5123.01 of the Revised Code.	175

(26) "Nonsecure care, supervision, or training" means care,	176
supervision, or training of a child in a facility that does not	177
confine or prevent movement of the child within the facility or	178
from the facility.	179

(27) "Of compulsory school age" has the same meaning as in	180
section 3321.01 of the Revised Code.	181

(28) "Organization" means any institution, public,	182
semipublic, or private, and any private association, society, or	183
agency located or operating in the state, incorporated or	184
unincorporated, having among its functions the furnishing of	185
protective services or care for children, or the placement of	186
children in certified foster homes or elsewhere.	187

(29) "Out-of-home care" means detention facilities, shelter	188
facilities, certified children's crisis care facilities, certified	189
foster homes, placement in a prospective adoptive home prior to	190
the issuance of a final decree of adoption, organizations,	191
certified organizations, child day-care centers, type A family	192
day-care homes, child care provided by type B family day-care home	193
providers and by in-home aides, group home providers, group homes,	194
institutions, state institutions, residential facilities,	195
residential care facilities, residential camps, day camps, public	196
schools, chartered nonpublic schools, educational service centers,	197
hospitals, and medical clinics that are responsible for the care,	198
physical custody, or control of children.	199

(30) "Out-of-home care child abuse" means any of the	200
following when committed by a person responsible for the care of a	201
child in out-of-home care:	202

(a) Engaging in sexual activity with a child in the person's	203
care;	204

(b) Denial to a child, as a means of punishment, of proper or	205
necessary subsistence, education, medical care, or other care	206
necessary for a child's health;	207

(c) Use of restraint procedures on a child that cause injury	208
or pain;	209

(d) Administration of prescription drugs or psychotropic	210
medication to the child without the written approval and ongoing	211
supervision of a licensed physician;	212

(e) Commission of any act, other than by accidental means,	213
that results in any injury to or death of the child in out-of-home	214
care or commission of any act by accidental means that results in	215
an injury to or death of a child in out-of-home care and that is	216
at variance with the history given of the injury or death.	217

(31) "Out-of-home care child neglect" means any of the	218
following when committed by a person responsible for the care of a	219
child in out-of-home care:	220

(a) Failure to provide reasonable supervision according to	221
the standards of care appropriate to the age, mental and physical	222
condition, or other special needs of the child;	223

(b) Failure to provide reasonable supervision according to	224
the standards of care appropriate to the age, mental and physical	225
condition, or other special needs of the child, that results in	226
sexual or physical abuse of the child by any person;	227

(c) Failure to develop a process for all of the following:

228

(i) Administration of prescription drugs or psychotropic	229
drugs for the child;	230

(ii) Assuring that the instructions of the licensed physician	231
who prescribed a drug for the child are followed;	232

(iii) Reporting to the licensed physician who prescribed the	233
drug all unfavorable or dangerous side effects from the use of the	234
drug.	235

(d) Failure to provide proper or necessary subsistence,	236
education, medical care, or other individualized care necessary	237
for the health or well-being of the child;	238

(e) Confinement of the child to a locked room without	239
monitoring by staff;	240

(f) Failure to provide ongoing security for all prescription	241
and nonprescription medication;	242

(g) Isolation of a child for a period of time when there is	243
substantial risk that the isolation, if continued, will impair or	244
retard the mental health or physical well-being of the child.	245

(32) "Permanent custody" means a legal status that vests in a	246
public children services agency or a private child placing agency,	247
all parental rights, duties, and obligations, including the right	248
to consent to adoption, and divests the natural parents or	249
adoptive parents of all parental rights, privileges, and	250
obligations, including all residual rights and obligations.	251

(33) "Permanent surrender" means the act of the parents or,	252
if a child has only one parent, of the parent of a child, by a	253
voluntary agreement authorized by section 5103.15 of the Revised	254
Code, to transfer the permanent custody of the child to a public	255
children services agency or a private child placing agency.	256

(34) "Person" means an individual, association, corporation,	257
or partnership and the state or any of its political subdivisions,	258
departments, or agencies.	259

(35) "Person responsible for a child's care in out-of-home	260
care" means any of the following:	261

(a) Any foster caregiver, in-home aide, or provider;

262

(b) Any administrator, employee, or agent of any of the	263
following: a public or private detention facility; shelter	264
facility; certified children's crisis care facility; organization;	265
certified organization; child day-care center; type A family	266
day-care home; certified type B family day-care home; group home;	267
institution; state institution; residential facility; residential	268
care facility; residential camp; day camp; school district;	269
community school; chartered nonpublic school; educational service	270
center; hospital; or medical clinic;	271

(c) Any person who supervises or coaches children as part of	272
an extracurricular activity sponsored by a school district, public	273
school, or chartered nonpublic school;	274

(d) Any other person who performs a similar function with	275
respect to, or has a similar relationship to, children.	276

(36) "Physically impaired" means having one or more of the	277
following conditions that substantially limit one or more of an	278
individual's major life activities, including self-care, receptive	279
and expressive language, learning, mobility, and self-direction:	280

(a) A substantial impairment of vision, speech, or hearing;

281

(b) A congenital orthopedic impairment;

282

(c) An orthopedic impairment caused by disease, rheumatic	283
fever or any other similar chronic or acute health problem, or	284
amputation or another similar cause.	285

(37) "Placement for adoption" means the arrangement by a	286
public children services agency or a private child placing agency	287
with a person for the care and adoption by that person of a child	288
of whom the agency has permanent custody.	289

(38) "Placement in foster care" means the arrangement by a	290
public children services agency or a private child placing agency	291
for the out-of-home care of a child of whom the agency has	292
temporary custody or permanent custody.	293

(39) "Planned permanent living arrangement" means an order of	294
a juvenile court pursuant to which both of the following apply:	295

(a) The court gives legal custody of a child to a public	296
children services agency or a private child placing agency without	297
the termination of parental rights.	298

(b) The order permits the agency to make an appropriate	299
placement of the child and to enter into a written agreement with	300
a foster care provider or with another person or agency with whom	301
the child is placed.	302

(40) "Practice of social work" and "practice of professional	303
counseling" have the same meanings as in section 4757.01 of the	304
Revised Code.	305

(41) "Sanction, service, or condition" means a sanction,	306
service, or condition created by court order following an	307
adjudication that a child is an unruly child that is described in	308
division (A)(4) of section 2152.19 of the Revised Code.	309

(42) "Protective supervision" means an order of disposition	310
pursuant to which the court permits an abused, neglected,	311
dependent, or unruly child to remain in the custody of the child's	312
parents, guardian, or custodian and stay in the child's home,	313
subject to any conditions and limitations upon the child, the	314
child's parents, guardian, or custodian, or any other person that	315
the court prescribes, including supervision as directed by the	316
court for the protection of the child.	317

(43) "Psychiatrist" has the same meaning as in section	318
5122.01 of the Revised Code.	319

(44) "Psychologist" has the same meaning as in section	320
4732.01 of the Revised Code.	321

(45) "Residential camp" means a program in which the care,	322
physical custody, or control of children is accepted overnight for	323
recreational or recreational and educational purposes.	324

(46) "Residential care facility" means an institution,	325
residence, or facility that is licensed by the department of	326
mental health under section 5119.22 of the Revised Code and that	327
provides care for a child.	328

(47) "Residential facility" means a home or facility that is	329
licensed by the department of developmental disabilities under	330
section 5123.19 of the Revised Code and in which a child with a	331
developmental disability resides.	332

(48) "Residual parental rights, privileges, and	333
responsibilities" means those rights, privileges, and	334
responsibilities remaining with the natural parent after the	335
transfer of legal custody of the child, including, but not	336
necessarily limited to, the privilege of reasonable visitation,	337
consent to adoption, the privilege to determine the child's	338
religious affiliation, and the responsibility for support.	339

(49) "School day" means the school day established by the	340
state board of education pursuant to section 3313.48 of the	341
Revised Code.	342

(50) "School month" and "school year" have the same meanings	343
as in section 3313.62 of the Revised Code.	344

(51) "Secure correctional facility" means a facility under	345
the direction of the department of youth services that is designed	346
to physically restrict the movement and activities of children and	347
used for the placement of children after adjudication and	348
disposition.	349

(52) "Sexual activity" has the same meaning as in section	350
2907.01 of the Revised Code.	351

(53) "Shelter" means the temporary care of children in	352
physically unrestricted facilities pending court adjudication or	353
disposition.	354

(54) "Shelter for victims of domestic violence" has the same	355
meaning as in section 3113.33 of the Revised Code.	356

(55) "Temporary custody" means legal custody of a child who	357
is removed from the child's home, which custody may be terminated	358
at any time at the discretion of the court or, if the legal	359
custody is granted in an agreement for temporary custody, by the	360
person who executed the agreement.	361

(56) "Traditional response" means a public children services	362
agency's response to a report of child abuse or neglect that	363
encourages engagement of the family in a comprehensive evaluation	364
of the child's current and future safety needs and a fact-finding	365
process to determine whether child abuse or neglect occurred and	366
the circumstances surrounding the alleged harm or risk of harm.	367

(C) For the purposes of this chapter, a child shall be	368
presumed abandoned when the parents of the child have failed to	369
visit or maintain contact with the child for more than ninety	370
days, regardless of whether the parents resume contact with the	371
child after that period of ninety days.	372

Sec. 2151.23.  (A) The juvenile court has exclusive original	373
jurisdiction under the Revised Code as follows:	374

(1) Concerning any child who on or about the date specified	375
in the complaint, indictment, or information is alleged to have	376
violated section 2151.87 of the Revised Code or an order issued	377
under that section or to be a juvenile traffic offender or a	378
delinquent, unruly, abused, neglected, or dependent child and,	379
based on and in relation to the allegation pertaining to the	380
child, concerning the parent, guardian, or other person having	381
care of a child who is alleged to be an unruly or delinquent child	382
for being an habitual or chronic truant;	383

(2) Subject to divisions (G), (K), and (V) of section 2301.03	384
of the Revised Code, to determine the custody of any child not a	385
ward of another court of this state;	386

(3) To hear and determine any application for a writ of	387
habeas corpus involving the custody of a child;	388

(4) To exercise the powers and jurisdiction given the probate	389
division of the court of common pleas in Chapter 5122. of the	390
Revised Code, if the court has probable cause to believe that a	391
child otherwise within the jurisdiction of the court is a mentally	392
ill person subject to hospitalization by court order, as defined	393
in section 5122.01 of the Revised Code;	394

(5) To hear and determine all criminal cases charging adults	395
with the violation of any section of this chapter;	396

(6) To hear and determine all criminal cases in which an	397
adult is charged with a violation of division (C) of section	398
2919.21, division (B)(1) of section 2919.22, section 2919.222,	399
division (B) of section 2919.23, or section 2919.24 of the Revised	400
Code, provided the charge is not included in an indictment that	401
also charges the alleged adult offender with the commission of a	402
felony arising out of the same actions that are the basis of the	403
alleged violation of division (C) of section 2919.21, division	404
(B)(1) of section 2919.22, section 2919.222, division (B) of	405
section 2919.23, or section 2919.24 of the Revised Code;	406

(7) Under the interstate compact on juveniles in section	407
2151.56 of the Revised Code;	408

(8) Concerning any child who is to be taken into custody	409
pursuant to section 2151.31 of the Revised Code, upon being	410
notified of the intent to take the child into custody and the	411
reasons for taking the child into custody;	412

(9) To hear and determine requests for the extension of	413
temporary custody agreements, and requests for court approval of	414
permanent custody agreements, that are filed pursuant to section	415
5103.15 of the Revised Code;	416

(10) To hear and determine applications for consent to marry	417
pursuant to section 3101.04 of the Revised Code;	418

(11) Subject to divisions (G), (K), and (V) of section	419
2301.03 of the Revised Code, to hear and determine a request for	420
an order for the support of any child if the request is not	421
ancillary to an action for divorce, dissolution of marriage,	422
annulment, or legal separation, a criminal or civil action	423
involving an allegation of domestic violence, or an action for	424
support brought under Chapter 3115. of the Revised Code;	425

(12) Concerning an action commenced under section 121.38 of	426
the Revised Code;	427

(13) To hear and determine violations of section 3321.38 of	428
the Revised Code;	429

(14) To exercise jurisdiction and authority over the parent,	430
guardian, or other person having care of a child alleged to be a	431
delinquent child, unruly child, or juvenile traffic offender,	432
based on and in relation to the allegation pertaining to the	433
child;	434

(15) To conduct the hearings, and to make the determinations,	435
adjudications, and orders authorized or required under sections	436
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	437
a child who has been adjudicated a delinquent child and to refer	438
the duties conferred upon the juvenile court judge under sections	439
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	440
magistrates appointed by the juvenile court judge in accordance	441
with Juvenile Rule 40;	442

(16) To hear and determine a petition for a protection order	443
against a child under section 2151.34 or 3113.31 of the Revised	444
Code and to enforce a protection order issued or a consent	445
agreement approved under either section against a child until a	446
date certain but not later than the date the child attains	447
nineteen years of age.	448

(B) Except as provided in divisions (G) and (I) of section	449
2301.03 of the Revised Code, the juvenile court has original	450
jurisdiction under the Revised Code:	451

(1) To hear and determine all cases of misdemeanors charging	452
adults with any act or omission with respect to any child, which	453
act or omission is a violation of any state law or any municipal	454
ordinance;	455

(2) To determine the paternity of any child alleged to have	456
been born out of wedlock pursuant to sections 3111.01 to 3111.18	457
of the Revised Code;	458

(3) Under the uniform interstate family support act in	459
Chapter 3115. of the Revised Code;	460

(4) To hear and determine an application for an order for the	461
support of any child, if the child is not a ward of another court	462
of this state;	463

(5) To hear and determine an action commenced under section	464
3111.28 of the Revised Code;	465

(6) To hear and determine a motion filed under section	466
3119.961 of the Revised Code;	467

(7) To receive filings under section 3109.74 of the Revised	468
Code, and to hear and determine actions arising under sections	469
3109.51 to 3109.80 of the Revised Code.	470

(8) To enforce an order for the return of a child made under	471
the Hague Convention on the Civil Aspects of International Child	472
Abduction pursuant to section 3127.32 of the Revised Code;	473

(9) To grant any relief normally available under the laws of	474
this state to enforce a child custody determination made by a	475
court of another state and registered in accordance with section	476
3127.35 of the Revised Code.	477

(C) The juvenile court, except as to juvenile courts that are	478
a separate division of the court of common pleas or a separate and	479
independent juvenile court, has jurisdiction to hear, determine,	480
and make a record of any action for divorce or legal separation	481
that involves the custody or care of children and that is filed in	482
the court of common pleas and certified by the court of common	483
pleas with all the papers filed in the action to the juvenile	484
court for trial, provided that no certification of that nature	485
shall be made to any juvenile court unless the consent of the	486
juvenile judge first is obtained. After a certification of that	487
nature is made and consent is obtained, the juvenile court shall	488
proceed as if the action originally had been begun in that court,	489
except as to awards for spousal support or support due and unpaid	490
at the time of certification, over which the juvenile court has no	491
jurisdiction.	492

(D) The juvenile court, except as provided in divisions (G)	493
and (I) of section 2301.03 of the Revised Code, has jurisdiction	494
to hear and determine all matters as to custody and support of	495
children duly certified by the court of common pleas to the	496
juvenile court after a divorce decree has been granted, including	497
jurisdiction to modify the judgment and decree of the court of	498
common pleas as the same relate to the custody and support of	499
children.	500

(E) The juvenile court, except as provided in divisions (G)	501
and (I) of section 2301.03 of the Revised Code, has jurisdiction	502
to hear and determine the case of any child certified to the court	503
by any court of competent jurisdiction if the child comes within	504
the jurisdiction of the juvenile court as defined by this section.	505

(F)(1) The juvenile court shall exercise its jurisdiction in	506
child custody matters in accordance with sections 3109.04 and	507
3127.01 to 3127.53 of the Revised Code and, as applicable,	508
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	509
Code.	510

(2) The juvenile court shall exercise its jurisdiction in	511
child support matters in accordance with section 3109.05 of the	512
Revised Code.	513

(G) Any juvenile court that makes or modifies an order for	514
child support shall comply with Chapters 3119., 3121., 3123., and	515
3125. of the Revised Code. If any person required to pay child	516
support under an order made by a juvenile court on or after April	517
15, 1985, or modified on or after December 1, 1986, is found in	518
contempt of court for failure to make support payments under the	519
order, the court that makes the finding, in addition to any other	520
penalty or remedy imposed, shall assess all court costs arising	521
out of the contempt proceeding against the person and require the	522
person to pay any reasonable attorney's fees of any adverse party,	523
as determined by the court, that arose in relation to the act of	524
contempt.	525

(H) If a child who is charged with an act that would be an	526
offense if committed by an adult was fourteen years of age or	527
older and under eighteen years of age at the time of the alleged	528
act and if the case is transferred for criminal prosecution	529
pursuant to section 2152.12 of the Revised Code, except as	530
provided in section 2152.121 of the Revised Code, the juvenile	531
court does not have jurisdiction to hear or determine the case	532
subsequent to the transfer. The court to which the case is	533
transferred for criminal prosecution pursuant to that section has	534
jurisdiction subsequent to the transfer to hear and determine the	535
case in the same manner as if the case originally had been	536
commenced in that court, subject to section 2152.121 of the	537
Revised Code, including, but not limited to, jurisdiction to	538
accept a plea of guilty or another plea authorized by Criminal	539
Rule 11 or another section of the Revised Code and jurisdiction to	540
accept a verdict and to enter a judgment of conviction pursuant to	541
the Rules of Criminal Procedure against the child for the	542
commission of the offense that was the basis of the transfer of	543
the case for criminal prosecution, whether the conviction is for	544
the same degree or a lesser degree of the offense charged, for the	545
commission of a lesser-included offense, or for the commission of	546
another offense that is different from the offense charged.	547

(I) If a person under eighteen years of age allegedly commits	548
an act that would be a felony if committed by an adult and if the	549
person is not taken into custody or apprehended for that act until	550
after the person attains twenty-one years of age, the juvenile	551
court does not have jurisdiction to hear or determine any portion	552
of the case charging the person with committing that act. In those	553
circumstances, divisions (A) and (B) of section 2152.12 of the	554
Revised Code do not apply regarding the act, and the case charging	555
the person with committing the act shall be a criminal prosecution	556
commenced and heard in the appropriate court having jurisdiction	557
of the offense as if the person had been eighteen years of age or	558
older when the person committed the act. All proceedings	559
pertaining to the act shall be within the jurisdiction of the	560
court having jurisdiction of the offense, and that court has all	561
the authority and duties in the case that it has in other criminal	562
cases in that court.	563

(J) In exercising its exclusive original jurisdiction under	564
division (A)(16) of this section with respect to any proceedings	565
brought under section 2151.34 or 3113.31 of the Revised Code in	566
which the respondent is a child, the juvenile court retains all	567
dispositionary powers consistent with existing rules of juvenile	568
procedure and may also exercise its discretion to adjudicate	569
proceedings as provided in sections 2151.34 and 3113.31 of the	570
Revised Code, including the issuance of protection orders or the	571
approval of consent agreements under those sections.	572

Sec. 2923.125.  (A) Upon the request of a person who wishes	573
to obtain a license to carry a concealed handgun or to renew a	574
license to carry a concealed handgun, a sheriff, as provided in	575
division (I) of this section, shall provide to the person free of	576
charge an application form and the web site address at which the	577
pamphlet described in division (B) of section 109.731 of the	578
Revised Code may be found. A sheriff shall accept a completed	579
application form and the fee, items, materials, and information	580
specified in divisions (B)(1) to (5) of this section at the times	581
and in the manners described in division (I) of this section.	582

(B) An applicant for a license to carry a concealed handgun	583
shall submit a completed application form and all of the following	584
to the sheriff of the county in which the applicant resides or to	585
the sheriff of any county adjacent to the county in which the	586
applicant resides:	587

(1)(a) A nonrefundable license fee as described in either of	588
the following:	589

(i) For an applicant who has been a resident of this state	590
for five or more years, a fee of sixty-seven dollars;	591

(ii) For an applicant who has been a resident of this state	592
for less than five years, a fee of sixty-seven dollars plus the	593
actual cost of having a background check performed by the federal	594
bureau of investigation.	595

(b) No sheriff shall require an applicant to pay for the cost	596
of a background check performed by the bureau of criminal	597
identification and investigation.	598

(c) A sheriff shall waive the payment of the license fee	599
described in division (B)(1)(a) of this section in connection with	600
an initial or renewal application for a license that is submitted	601
by an applicant who is a retired peace officer, a retired person	602
described in division (B)(1)(b) of section 109.77 of the Revised	603
Code, or a retired federal law enforcement officer who, prior to	604
retirement, was authorized under federal law to carry a firearm in	605
the course of duty, unless the retired peace officer, person, or	606
federal law enforcement officer retired as the result of a mental	607
disability.	608

(d) The sheriff shall deposit all fees paid by an applicant	609
under division (B)(1)(a) of this section into the sheriff's	610
concealed handgun license issuance fund established pursuant to	611
section 311.42 of the Revised Code. The county shall distribute	612
the fees in accordance with section 311.42 of the Revised Code.	613

(2) A color photograph of the applicant that was taken within	614
thirty days prior to the date of the application;	615

(3) One or more of the following competency certifications,	616
each of which shall reflect that, regarding a certification	617
described in division (B)(3)(a), (b), (c), (e), or (f) of this	618
section, within the three years immediately preceding the	619
application the applicant has performed that to which the	620
competency certification relates and that, regarding a	621
certification described in division (B)(3)(d) of this section, the	622
applicant currently is an active or reserve member of the armed	623
forces of the United States or within the six years immediately	624
preceding the application the honorable discharge or retirement to	625
which the competency certification relates occurred:	626

(a) An original or photocopy of a certificate of completion	627
of a firearms safety, training, or requalification or firearms	628
safety instructor course, class, or program that was offered by or	629
under the auspices of the national rifle association and that	630
complies with the requirements set forth in division (G) of this	631
section;	632

(b) An original or photocopy of a certificate of completion	633
of a firearms safety, training, or requalification or firearms	634
safety instructor course, class, or program that satisfies all of	635
the following criteria:	636

(i) It was open to members of the general public.

637

(ii) It utilized qualified instructors who were certified by	638
the national rifle association, the executive director of the Ohio	639
peace officer training commission pursuant to section 109.75 or	640
109.78 of the Revised Code, or a governmental official or entity	641
of another state.	642

(iii) It was offered by or under the auspices of a law	643
enforcement agency of this or another state or the United States,	644
a public or private college, university, or other similar	645
postsecondary educational institution located in this or another	646
state, a firearms training school located in this or another	647
state, or another type of public or private entity or organization	648
located in this or another state.	649

(iv) It complies with the requirements set forth in division	650
(G) of this section.	651

(c) An original or photocopy of a certificate of completion	652
of a state, county, municipal, or department of natural resources	653
peace officer training school that is approved by the executive	654
director of the Ohio peace officer training commission pursuant to	655
section 109.75 of the Revised Code and that complies with the	656
requirements set forth in division (G) of this section, or the	657
applicant has satisfactorily completed and been issued a	658
certificate of completion of a basic firearms training program, a	659
firearms requalification training program, or another basic	660
training program described in section 109.78 or 109.801 of the	661
Revised Code that complies with the requirements set forth in	662
division (G) of this section;	663

(d) A document that evidences both of the following:

664

(i) That the applicant is an active or reserve member of the	665
armed forces of the United States, was honorably discharged from	666
military service in the active or reserve armed forces of the	667
United States, is a retired trooper of the state highway patrol,	668
or is a retired peace officer or federal law enforcement officer	669
described in division (B)(1) of this section or a retired person	670
described in division (B)(1)(b) of section 109.77 of the Revised	671
Code and division (B)(1) of this section;	672

(ii) That, through participation in the military service or	673
through the former employment described in division (B)(3)(d)(i)	674
of this section, the applicant acquired experience with handling	675
handguns or other firearms, and the experience so acquired was	676
equivalent to training that the applicant could have acquired in a	677
course, class, or program described in division (B)(3)(a), (b), or	678
(c) of this section.	679

(e) A certificate or another similar document that evidences	680
satisfactory completion of a firearms training, safety, or	681
requalification or firearms safety instructor course, class, or	682
program that is not otherwise described in division (B)(3)(a),	683
(b), (c), or (d) of this section, that was conducted by an	684
instructor who was certified by an official or entity of the	685
government of this or another state or the United States or by the	686
national rifle association, and that complies with the	687
requirements set forth in division (G) of this section;	688

(f) An affidavit that attests to the applicant's satisfactory	689
completion of a course, class, or program described in division	690
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	691
by the applicant's instructor or an authorized representative of	692
the entity that offered the course, class, or program or under	693
whose auspices the course, class, or program was offered.	694

(4) A certification by the applicant that the applicant has	695
read the pamphlet prepared by the Ohio peace officer training	696
commission pursuant to section 109.731 of the Revised Code that	697
reviews firearms, dispute resolution, and use of deadly force	698
matters.	699

(5) A set of fingerprints of the applicant provided as	700
described in section 311.41 of the Revised Code through use of an	701
electronic fingerprint reading device or, if the sheriff to whom	702
the application is submitted does not possess and does not have	703
ready access to the use of such a reading device, on a standard	704
impression sheet prescribed pursuant to division (C)(2) of section	705
109.572 of the Revised Code.	706

(C) Upon receipt of an applicant's completed application	707
form, supporting documentation, and, if not waived, license fee, a	708
sheriff, in the manner specified in section 311.41 of the Revised	709
Code, shall conduct or cause to be conducted the criminal records	710
check and the incompetency records check described in section	711
311.41 of the Revised Code.	712

(D)(1) Except as provided in division (D)(3) or (4) of this	713
section, within forty-five days after a sheriff's receipt of an	714
applicant's completed application form for a license to carry a	715
concealed handgun, the supporting documentation, and, if not	716
waived, the license fee, the sheriff shall make available through	717
the law enforcement automated data system in accordance with	718
division (H) of this section the information described in that	719
division and, upon making the information available through the	720
system, shall issue to the applicant a license to carry a	721
concealed handgun that shall expire as described in division	722
(D)(2)(a) of this section if all of the following apply:	723

(a) The applicant is legally living in the United States, has	724
been a resident of this state for at least forty-five days, and	725
has been a resident of the county in which the person seeks the	726
license or a county adjacent to the county in which the person	727
seeks the license for at least thirty days. For purposes of	728
division (D)(1)(a) of this section:	729

(i) If a person is absent from the United States, from this	730
state, or from a particular county in this state in compliance	731
with military or naval orders as an active or reserve member of	732
the armed forces of the United States and if prior to leaving this	733
state in compliance with those orders the person was legally	734
living in the United States and was a resident of this state, the	735
person, solely by reason of that absence, shall not be considered	736
to have lost the person's status as living in the United States or	737
the person's residence in this state or in the county in which the	738
person was a resident prior to leaving this state in compliance	739
with those orders, without regard to whether or not the person	740
intends to return to this state or to that county, shall not be	741
considered to have acquired a residence in any other state, and	742
shall not be considered to have become a resident of any other	743
state.	744

(ii) If a person is present in this state in compliance with	745
military or naval orders as an active or reserve member of the	746
armed forces of the United States for at least forty-five days,	747
the person shall be considered to have been a resident of this	748
state for that period of at least forty-five days, and, if a	749
person is present in a county of this state in compliance with	750
military or naval orders as an active or reserve member of the	751
armed forces of the United States for at least thirty days, the	752
person shall be considered to have been a resident of that county	753
for that period of at least thirty days.	754

(b) The applicant is at least twenty-one years of age.

755

(c) The applicant is not a fugitive from justice.

756

(d) The applicant is not under indictment for or otherwise	757
charged with a felony; an offense under Chapter 2925., 3719., or	758
4729. of the Revised Code that involves the illegal possession,	759
use, sale, administration, or distribution of or trafficking in a	760
drug of abuse; a misdemeanor offense of violence; or a violation	761
of section 2903.14 or 2923.1211 of the Revised Code.	762

(e) Except as otherwise provided in division (D)(5) of this	763
section, the applicant has not been convicted of or pleaded guilty	764
to a felony or an offense under Chapter 2925., 3719., or 4729. of	765
the Revised Code that involves the illegal possession, use, sale,	766
administration, or distribution of or trafficking in a drug of	767
abuse; has not been adjudicated a delinquent child for committing	768
an act that if committed by an adult would be a felony or would be	769
an offense under Chapter 2925., 3719., or 4729. of the Revised	770
Code that involves the illegal possession, use, sale,	771
administration, or distribution of or trafficking in a drug of	772
abuse; and has not been convicted of, pleaded guilty to, or	773
adjudicated a delinquent child for committing a violation of	774
section 2903.13 of the Revised Code when the victim of the	775
violation is a peace officer, regardless of whether the applicant	776
was sentenced under division (C)(3) of that section.	777

(f) Except as otherwise provided in division (D)(5) of this	778
section, the applicant, within three years of the date of the	779
application, has not been convicted of or pleaded guilty to a	780
misdemeanor offense of violence other than a misdemeanor violation	781
of section 2921.33 of the Revised Code or a violation of section	782
2903.13 of the Revised Code when the victim of the violation is a	783
peace officer, or a misdemeanor violation of section 2923.1211 of	784
the Revised Code; and has not been adjudicated a delinquent child	785
for committing an act that if committed by an adult would be a	786
misdemeanor offense of violence other than a misdemeanor violation	787
of section 2921.33 of the Revised Code or a violation of section	788
2903.13 of the Revised Code when the victim of the violation is a	789
peace officer or for committing an act that if committed by an	790
adult would be a misdemeanor violation of section 2923.1211 of the	791
Revised Code.	792

(g) Except as otherwise provided in division (D)(1)(e) of	793
this section, the applicant, within five years of the date of the	794
application, has not been convicted of, pleaded guilty to, or	795
adjudicated a delinquent child for committing two or more	796
violations of section 2903.13 or 2903.14 of the Revised Code.	797

(h) Except as otherwise provided in division (D)(5) of this	798
section, the applicant, within ten years of the date of the	799
application, has not been convicted of, pleaded guilty to, or	800
adjudicated a delinquent child for committing a violation of	801
section 2921.33 of the Revised Code.	802

(i) The applicant has not been adjudicated as a mental	803
defective, has not been committed to any mental institution, is	804
not under adjudication of mental incompetence, has not been found	805
by a court to be a mentally ill person subject to hospitalization	806
by court order, and is not an involuntary patient other than one	807
who is a patient only for purposes of observation. As used in this	808
division, "mentally ill person subject to hospitalization by court	809
order" and "patient" have the same meanings as in section 5122.01	810
of the Revised Code.	811

(j) The applicant is not currently subject to a civil	812
protection order, a temporary protection order, or a protection	813
order issued by a court of another state.	814

(k) The applicant certifies that the applicant desires a	815
legal means to carry a concealed handgun for defense of the	816
applicant or a member of the applicant's family while engaged in	817
lawful activity.	818

(l) The applicant submits a competency certification of the	819
type described in division (B)(3) of this section and submits a	820
certification of the type described in division (B)(4) of this	821
section regarding the applicant's reading of the pamphlet prepared	822
by the Ohio peace officer training commission pursuant to section	823
109.731 of the Revised Code.	824

(m) The applicant currently is not subject to a suspension	825
imposed under division (A)(2) of section 2923.128 of the Revised	826
Code of a license to carry a concealed handgun, or a temporary	827
emergency license to carry a concealed handgun, that previously	828
was issued to the applicant under this section or section	829
2923.1213 of the Revised Code.	830

(2)(a) A license to carry a concealed handgun that a sheriff	831
issues under division (D)(1) of this section on or after March 14,	832
2007, shall expire five years after the date of issuance. A	833
license to carry a concealed handgun that a sheriff issued under	834
division (D)(1) of this section prior to March 14, 2007, shall	835
expire four years after the date of issuance.	836

If a sheriff issues a license under this section, the sheriff	837
shall place on the license a unique combination of letters and	838
numbers identifying the license in accordance with the procedure	839
prescribed by the Ohio peace officer training commission pursuant	840
to section 109.731 of the Revised Code.	841

(b) If a sheriff denies an application under this section	842
because the applicant does not satisfy the criteria described in	843
division (D)(1) of this section, the sheriff shall specify the	844
grounds for the denial in a written notice to the applicant. The	845
applicant may appeal the denial pursuant to section 119.12 of the	846
Revised Code in the county served by the sheriff who denied the	847
application. If the denial was as a result of the criminal records	848
check conducted pursuant to section 311.41 of the Revised Code and	849
if, pursuant to section 2923.127 of the Revised Code, the	850
applicant challenges the criminal records check results using the	851
appropriate challenge and review procedure specified in that	852
section, the time for filing the appeal pursuant to section 119.12	853
of the Revised Code and this division is tolled during the	854
pendency of the request or the challenge and review. If the court	855
in an appeal under section 119.12 of the Revised Code and this	856
division enters a judgment sustaining the sheriff's refusal to	857
grant to the applicant a license to carry a concealed handgun, the	858
applicant may file a new application beginning one year after the	859
judgment is entered. If the court enters a judgment in favor of	860
the applicant, that judgment shall not restrict the authority of a	861
sheriff to suspend or revoke the license pursuant to section	862
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	863
the license for any proper cause that may occur after the date the	864
judgment is entered. In the appeal, the court shall have full	865
power to dispose of all costs.	866

(3) If the sheriff with whom an application for a license to	867
carry a concealed handgun was filed under this section becomes	868
aware that the applicant has been arrested for or otherwise	869
charged with an offense that would disqualify the applicant from	870
holding the license, the sheriff shall suspend the processing of	871
the application until the disposition of the case arising from the	872
arrest or charge.	873

(4) If the sheriff determines that the applicant is legally	874
living in the United States and is a resident of the county in	875
which the applicant seeks the license or of an adjacent county but	876
does not yet meet the residency requirements described in division	877
(D)(1)(a) of this section, the sheriff shall not deny the license	878
because of the residency requirements but shall not issue the	879
license until the applicant meets those residency requirements.	880

(5) If an applicant has been convicted of or pleaded guilty	881
to an offense identified in division (D)(1)(e), (f), or (h) of	882
this section or has been adjudicated a delinquent child for	883
committing an act or violation identified in any of those	884
divisions, and if a court has ordered the sealing or expungement	885
of the records of that conviction, guilty plea, or adjudication	886
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	887
2953.36, or section 2953.37 of the Revised Code or a court has	888
granted the applicant relief pursuant to section 2923.14 of the	889
Revised Code from the disability imposed pursuant to section	890
2923.13 of the Revised Code relative to that conviction, guilty	891
plea, or adjudication, the sheriff with whom the application was	892
submitted shall not consider the conviction, guilty plea, or	893
adjudication in making a determination under division (D)(1) or	894
(F) of this section or, in relation to an application for a	895
temporary emergency license to carry a concealed handgun submitted	896
under section 2923.1213 of the Revised Code, in making a	897
determination under division (B)(2) of that section.	898

(E) If a license to carry a concealed handgun issued under	899
this section is lost or is destroyed, the licensee may obtain from	900
the sheriff who issued that license a duplicate license upon the	901
payment of a fee of fifteen dollars and the submission of an	902
affidavit attesting to the loss or destruction of the license. The	903
sheriff, in accordance with the procedures prescribed in section	904
109.731 of the Revised Code, shall place on the replacement	905
license a combination of identifying numbers different from the	906
combination on the license that is being replaced.	907

(F)(1) A licensee who wishes to renew a license to carry a	908
concealed handgun issued under this section shall do so not	909
earlier than ninety days before the expiration date of the license	910
or at any time after the expiration date of the license by filing	911
with the sheriff of the county in which the applicant resides or	912
with the sheriff of an adjacent county an application for renewal	913
of the license obtained pursuant to division (D) of this section,	914
a certification by the applicant that, subsequent to the issuance	915
of the license, the applicant has reread the pamphlet prepared by	916
the Ohio peace officer training commission pursuant to section	917
109.731 of the Revised Code that reviews firearms, dispute	918
resolution, and use of deadly force matters, a nonrefundable	919
license renewal fee in an amount determined pursuant to division	920
(F)(4) of this section unless the fee is waived, and one of the	921
following:	922

(a) If the licensee previously has not renewed a license to	923
carry a concealed handgun issued under this section, proof that	924
the licensee at one time had a competency certification of the	925
type described in division (B)(3) of this section. A valid	926
license, expired license, or any other previously issued license	927
that has not been revoked is prima-facie evidence that the	928
licensee at one time had a competency certification of the type	929
described in division (B)(3) of this section.	930

(b) If the licensee previously has renewed a license to carry	931
a concealed handgun issued under this section, a renewed	932
competency certification of the type described in division (G)(4)	933
of this section.	934

(2) A sheriff shall accept a completed renewal application,	935
the license renewal fee, and information specified in division	936
(F)(1) of this section at the times and in the manners described	937
in division (I) of this section. Upon receipt of a completed	938
renewal application, of certification that the applicant has	939
reread the specified pamphlet prepared by the Ohio peace officer	940
training commission, of proof of a prior competency certification	941
for an initial renewal or of a renewed competency certification	942
for a second or subsequent renewal, and of a license renewal fee	943
unless the fee is waived, a sheriff, in the manner specified in	944
section 311.41 of the Revised Code shall conduct or cause to be	945
conducted the criminal records check and the incompetency records	946
check described in section 311.41 of the Revised Code. The sheriff	947
shall renew the license if the sheriff determines that the	948
applicant continues to satisfy the requirements described in	949
division (D)(1) of this section, except that the applicant is not	950
required to meet the requirements of division (D)(1)(l) of this	951
section. A renewed license that is renewed on or after March 14,	952
2007, shall expire five years after the date of issuance, and a	953
renewed license that is renewed prior to March 14, 2007, shall	954
expire four years after the date of issuance. A renewed license is	955
subject to division (E) of this section and sections 2923.126 and	956
2923.128 of the Revised Code. A sheriff shall comply with	957
divisions (D)(2) to (4) of this section when the circumstances	958
described in those divisions apply to a requested license renewal.	959
If a sheriff denies the renewal of a license to carry a concealed	960
handgun, the applicant may appeal the denial, or challenge the	961
criminal record check results that were the basis of the denial if	962
applicable, in the same manner as specified in division (D)(2)(b)	963
of this section and in section 2923.127 of the Revised Code,	964
regarding the denial of a license under this section.	965

(3) A renewal application submitted pursuant to division (F)	966
of this section shall only require the licensee to list on the	967
application form information and matters occurring since the date	968
of the licensee's last application for a license pursuant to	969
division (B) or (F) of this section. A sheriff conducting the	970
criminal records check and the incompetency records check	971
described in section 311.41 of the Revised Code shall conduct the	972
check only from the date of the licensee's last application for a	973
license pursuant to division (B) or (F) of this section through	974
the date of the renewal application submitted pursuant to division	975
(F) of this section.	976

(4) An applicant for a renewal license to carry a concealed	977
handgun shall submit to the sheriff of the county in which the	978
applicant resides or to the sheriff of any county adjacent to the	979
county in which the applicant resides a nonrefundable license fee	980
as described in either of the following:	981

(a) For an applicant who has been a resident of this state	982
for five or more years, a fee of fifty dollars;	983

(b) For an applicant who has been a resident of this state	984
for less than five years, a fee of fifty dollars plus the actual	985
cost of having a background check performed by the federal bureau	986
of investigation.	987

(G)(1) Each course, class, or program described in division	988
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	989
person who takes the course, class, or program the web site	990
address at which the pamphlet prepared by the Ohio peace officer	991
training commission pursuant to section 109.731 of the Revised	992
Code that reviews firearms, dispute resolution, and use of deadly	993
force matters may be found. Each such course, class, or program	994
described in one of those divisions shall include at least twelve	995
hours of training in the safe handling and use of a firearm that	996
shall include all of the following:	997

(a) At least ten hours of training on the following matters:

998

(i) The ability to name, explain, and demonstrate the rules	999
for safe handling of a handgun and proper storage practices for	1000
handguns and ammunition;	1001

(ii) The ability to demonstrate and explain how to handle	1002
ammunition in a safe manner;	1003

(iii) The ability to demonstrate the knowledge, skills, and	1004
attitude necessary to shoot a handgun in a safe manner;	1005

(iv) Gun handling training.

1006

(b) At least two hours of training that consists of range	1007
time and live-fire training.	1008

(2) To satisfactorily complete the course, class, or program	1009
described in division (B)(3)(a), (b), (c), or (e) of this section,	1010
the applicant shall pass a competency examination that shall	1011
include both of the following:	1012

(a) A written section on the ability to name and explain the	1013
rules for the safe handling of a handgun and proper storage	1014
practices for handguns and ammunition;	1015

(b) A physical demonstration of competence in the use of a	1016
handgun and in the rules for safe handling and storage of a	1017
handgun and a physical demonstration of the attitude necessary to	1018
shoot a handgun in a safe manner.	1019

(3) The competency certification described in division	1020
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1021
shall attest that the course, class, or program the applicant	1022
successfully completed met the requirements described in division	1023
(G)(1) of this section and that the applicant passed the	1024
competency examination described in division (G)(2) of this	1025
section.	1026

(4) A person who previously has received a competency	1027
certification as described in division (B)(3) of this section, or	1028
who previously has received a renewed competency certification as	1029
described in this division, may obtain a renewed competency	1030
certification pursuant to this division. If the person previously	1031
has received a competency certification or previously has received	1032
a renewed competency certification, the person may obtain a	1033
renewed competency certification from an entity that offers a	1034
course, class, or program described in division (B)(3)(a), (b),	1035
(c), or (e) of this section by passing a test that demonstrates	1036
that the person is range competent. In these circumstances, the	1037
person is not required to attend the course, class, or program or	1038
to take the competency examination described in division (G)(2) of	1039
this section for the renewed competency certification in order to	1040
be eligible to receive a renewed competency certification. A	1041
renewed competency certification issued under this division shall	1042
be dated and shall attest that the person has demonstrated range	1043
competency.	1044

(H) Upon deciding to issue a license, deciding to issue a	1045
replacement license, or deciding to renew a license to carry a	1046
concealed handgun pursuant to this section, and before actually	1047
issuing or renewing the license, the sheriff shall make available	1048
through the law enforcement automated data system all information	1049
contained on the license. If the license subsequently is suspended	1050
under division (A)(1) or (2) of section 2923.128 of the Revised	1051
Code, revoked pursuant to division (B)(1) of section 2923.128 of	1052
the Revised Code, or lost or destroyed, the sheriff also shall	1053
make available through the law enforcement automated data system a	1054
notation of that fact. The superintendent of the state highway	1055
patrol shall ensure that the law enforcement automated data system	1056
is so configured as to permit the transmission through the system	1057
of the information specified in this division.	1058

(I) A sheriff shall accept a completed application form or	1059
renewal application, and the fee, items, materials, and	1060
information specified in divisions (B)(1) to (5) or division (F)	1061
of this section, whichever is applicable, and shall provide an	1062
application form or renewal application to any person during at	1063
least fifteen hours a week and shall provide the web site address	1064
at which the pamphlet described in division (B) of section 109.731	1065
of the Revised Code may be found at any time, upon request. The	1066
sheriff shall post notice of the hours during which the sheriff is	1067
available to accept or provide the information described in this	1068
division.	1069

Sec. 2923.1213. (A) As used in this section:

1070

(1) "Evidence of imminent danger" means any of the following:

1071

(a) A statement sworn by the person seeking to carry a	1072
concealed handgun that is made under threat of perjury and that	1073
states that the person has reasonable cause to fear a criminal	1074
attack upon the person or a member of the person's family, such as	1075
would justify a prudent person in going armed;	1076

(b) A written document prepared by a governmental entity or	1077
public official describing the facts that give the person seeking	1078
to carry a concealed handgun reasonable cause to fear a criminal	1079
attack upon the person or a member of the person's family, such as	1080
would justify a prudent person in going armed. Written documents	1081
of this nature include, but are not limited to, any temporary	1082
protection order, civil protection order, protection order issued	1083
by another state, or other court order, any court report, and any	1084
report filed with or made by a law enforcement agency or	1085
prosecutor.	1086

(2) "Prosecutor" has the same meaning as in section 2935.01	1087
of the Revised Code.	1088

(B)(1) A person seeking a temporary emergency license to	1089
carry a concealed handgun shall submit to the sheriff of the	1090
county in which the person resides all of the following:	1091

(a) Evidence of imminent danger to the person or a member of	1092
the person's family;	1093

(b) A sworn affidavit that contains all of the information	1094
required to be on the license and attesting that the person is	1095
legally living in the United States; is at least twenty-one years	1096
of age; is not a fugitive from justice; is not under indictment	1097
for or otherwise charged with an offense identified in division	1098
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1099
convicted of or pleaded guilty to an offense, and has not been	1100
adjudicated a delinquent child for committing an act, identified	1101
in division (D)(1)(e) of that section and to which division (B)(3)	1102
of this section does not apply; within three years of the date of	1103
the submission, has not been convicted of or pleaded guilty to an	1104
offense, and has not been adjudicated a delinquent child for	1105
committing an act, identified in division (D)(1)(f) of that	1106
section and to which division (B)(3) of this section does not	1107
apply; within five years of the date of the submission, has not	1108
been convicted of, pleaded guilty, or adjudicated a delinquent	1109
child for committing two or more violations identified in division	1110
(D)(1)(g) of that section; within ten years of the date of the	1111
submission, has not been convicted of, pleaded guilty, or	1112
adjudicated a delinquent child for committing a violation	1113
identified in division (D)(1)(h) of that section and to which	1114
division (B)(3) of this section does not apply; has not been	1115
adjudicated as a mental defective, has not been committed to any	1116
mental institution, is not under adjudication of mental	1117
incompetence, has not been found by a court to be a mentally ill	1118
person subject to hospitalization by court order, and is not an	1119
involuntary patient other than one who is a patient only for	1120
purposes of observation, as described in division (D)(1)(i) of	1121
that section; is not currently subject to a civil protection	1122
order, a temporary protection order, or a protection order issued	1123
by a court of another state, as described in division (D)(1)(j) of	1124
that section; and is not currently subject to a suspension imposed	1125
under division (A)(2) of section 2923.128 of the Revised Code of a	1126
license to carry a concealed handgun, or a temporary emergency	1127
license to carry a concealed handgun, that previously was issued	1128
to the person;	1129

(c) A nonrefundable temporary emergency license fee as	1130
described in either of the following:	1131

(i) For an applicant who has been a resident of this state	1132
for five or more years, a fee of fifteen dollars plus the actual	1133
cost of having a background check performed by the bureau of	1134
criminal identification and investigation pursuant to section	1135
311.41 of the Revised Code;	1136

(ii) For an applicant who has been a resident of this state	1137
for less than five years, a fee of fifteen dollars plus the actual	1138
cost of having background checks performed by the federal bureau	1139
of investigation and the bureau of criminal identification and	1140
investigation pursuant to section 311.41 of the Revised Code.	1141

(d) A set of fingerprints of the applicant provided as	1142
described in section 311.41 of the Revised Code through use of an	1143
electronic fingerprint reading device or, if the sheriff to whom	1144
the application is submitted does not possess and does not have	1145
ready access to the use of an electronic fingerprint reading	1146
device, on a standard impression sheet prescribed pursuant to	1147
division (C)(2) of section 109.572 of the Revised Code. If the	1148
fingerprints are provided on a standard impression sheet, the	1149
person also shall provide the person's social security number to	1150
the sheriff.	1151

(2) A sheriff shall accept the evidence of imminent danger,	1152
the sworn affidavit, the fee, and the set of fingerprints required	1153
under division (B)(1) of this section at the times and in the	1154
manners described in division (I) of this section. Upon receipt of	1155
the evidence of imminent danger, the sworn affidavit, the fee, and	1156
the set of fingerprints required under division (B)(1) of this	1157
section, the sheriff, in the manner specified in section 311.41 of	1158
the Revised Code, immediately shall conduct or cause to be	1159
conducted the criminal records check and the incompetency records	1160
check described in section 311.41 of the Revised Code. Immediately	1161
upon receipt of the results of the records checks, the sheriff	1162
shall review the information and shall determine whether the	1163
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1164
section 2923.125 of the Revised Code apply regarding the person.	1165
If the sheriff determines that all of criteria set forth in	1166
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1167
Revised Code apply regarding the person, the sheriff shall	1168
immediately make available through the law enforcement automated	1169
data system all information that will be contained on the	1170
temporary emergency license for the person if one is issued, and	1171
the superintendent of the state highway patrol shall ensure that	1172
the system is so configured as to permit the transmission through	1173
the system of that information. Upon making that information	1174
available through the law enforcement automated data system, the	1175
sheriff shall immediately issue to the person a temporary	1176
emergency license to carry a concealed handgun.	1177

If the sheriff denies the issuance of a temporary emergency	1178
license to the person, the sheriff shall specify the grounds for	1179
the denial in a written notice to the person. The person may	1180
appeal the denial, or challenge criminal records check results	1181
that were the basis of the denial if applicable, in the same	1182
manners specified in division (D)(2) of section 2923.125 and in	1183
section 2923.127 of the Revised Code, regarding the denial of an	1184
application for a license to carry a concealed handgun under that	1185
section.	1186

The temporary emergency license under this division shall be	1187
in the form, and shall include all of the information, described	1188
in divisions (A)(2) and (5) of section 109.731 of the Revised	1189
Code, and also shall include a unique combination of identifying	1190
letters and numbers in accordance with division (A)(4) of that	1191
section.	1192

The temporary emergency license issued under this division is	1193
valid for ninety days and may not be renewed. A person who has	1194
been issued a temporary emergency license under this division	1195
shall not be issued another temporary emergency license unless at	1196
least four years has expired since the issuance of the prior	1197
temporary emergency license.	1198

(3) If a person seeking a temporary emergency license to	1199
carry a concealed handgun has been convicted of or pleaded guilty	1200
to an offense identified in division (D)(1)(e), (f), or (h) of	1201
section 2923.125 of the Revised Code or has been adjudicated a	1202
delinquent child for committing an act or violation identified in	1203
any of those divisions, and if a court has ordered the sealing or	1204
expungement of the records of that conviction, guilty plea, or	1205
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1206
2953.31 to 2953.36 of the Revised Code or a court has granted the	1207
applicant relief pursuant to section 2923.14 of the Revised Code	1208
from the disability imposed pursuant to section 2923.13 of the	1209
Revised Code relative to that conviction, guilty plea, or	1210
adjudication, the conviction, guilty plea, or adjudication shall	1211
not be relevant for purposes of the sworn affidavit described in	1212
division (B)(1)(b) of this section, and the person may complete,	1213
and swear to the truth of, the affidavit as if the conviction,	1214
guilty plea, or adjudication never had occurred.	1215

(4) The sheriff shall waive the payment pursuant to division	1216
(B)(1)(c) of this section of the license fee in connection with an	1217
application that is submitted by an applicant who is a retired	1218
peace officer, a retired person described in division (B)(1)(b) of	1219
section 109.77 of the Revised Code, or a retired federal law	1220
enforcement officer who, prior to retirement, was authorized under	1221
federal law to carry a firearm in the course of duty, unless the	1222
retired peace officer, person, or federal law enforcement officer	1223
retired as the result of a mental disability.	1224

The sheriff shall deposit all fees paid by an applicant under	1225
division (B)(1)(c) of this section into the sheriff's concealed	1226
handgun license issuance fund established pursuant to section	1227
311.42 of the Revised Code.	1228

(C) A person who holds a temporary emergency license to carry	1229
a concealed handgun has the same right to carry a concealed	1230
handgun as a person who was issued a license to carry a concealed	1231
handgun under section 2923.125 of the Revised Code, and any	1232
exceptions to the prohibitions contained in section 1547.69 and	1233
sections 2923.12 to 2923.16 of the Revised Code for a licensee	1234
under section 2923.125 of the Revised Code apply to a licensee	1235
under this section. The person is subject to the same	1236
restrictions, and to all other procedures, duties, and sanctions,	1237
that apply to a person who carries a license issued under section	1238
2923.125 of the Revised Code, other than the license renewal	1239
procedures set forth in that section.	1240

(D) A sheriff who issues a temporary emergency license to	1241
carry a concealed handgun under this section shall not require a	1242
person seeking to carry a concealed handgun in accordance with	1243
this section to submit a competency certificate as a prerequisite	1244
for issuing the license and shall comply with division (H) of	1245
section 2923.125 of the Revised Code in regards to the license.	1246
The sheriff shall suspend or revoke the license in accordance with	1247
section 2923.128 of the Revised Code. In addition to the	1248
suspension or revocation procedures set forth in section 2923.128	1249
of the Revised Code, the sheriff may revoke the license upon	1250
receiving information, verifiable by public documents, that the	1251
person is not eligible to possess a firearm under either the laws	1252
of this state or of the United States or that the person committed	1253
perjury in obtaining the license; if the sheriff revokes a license	1254
under this additional authority, the sheriff shall notify the	1255
person, by certified mail, return receipt requested, at the	1256
person's last known residence address that the license has been	1257
revoked and that the person is required to surrender the license	1258
at the sheriff's office within ten days of the date on which the	1259
notice was mailed. Division (H) of section 2923.125 of the Revised	1260
Code applies regarding any suspension or revocation of a temporary	1261
emergency license to carry a concealed handgun.	1262

(E) A sheriff who issues a temporary emergency license to	1263
carry a concealed handgun under this section shall retain, for the	1264
entire period during which the temporary emergency license is in	1265
effect, the evidence of imminent danger that the person submitted	1266
to the sheriff and that was the basis for the license, or a copy	1267
of that evidence, as appropriate.	1268

(F) If a temporary emergency license to carry a concealed	1269
handgun issued under this section is lost or is destroyed, the	1270
licensee may obtain from the sheriff who issued that license a	1271
duplicate license upon the payment of a fee of fifteen dollars and	1272
the submission of an affidavit attesting to the loss or	1273
destruction of the license. The sheriff, in accordance with the	1274
procedures prescribed in section 109.731 of the Revised Code,	1275
shall place on the replacement license a combination of	1276
identifying numbers different from the combination on the license	1277
that is being replaced.	1278

(G) The Ohio peace officer training commission shall	1279
prescribe, and shall make available to sheriffs, a standard form	1280
to be used under division (B) of this section by a person who	1281
applies for a temporary emergency license to carry a concealed	1282
handgun on the basis of imminent danger of a type described in	1283
division (A)(1)(a) of this section.	1284

(H) A sheriff who receives any fees paid by a person under	1285
this section shall deposit all fees so paid into the sheriff's	1286
concealed handgun license issuance expense fund established under	1287
section 311.42 of the Revised Code.	1288

(I) A sheriff shall accept evidence of imminent danger, a	1289
sworn affidavit, the fee, and the set of fingerprints specified in	1290
division (B)(1) of this section at any time during normal business	1291
hours. In no case shall a sheriff require an appointment, or	1292
designate a specific period of time, for the submission or	1293
acceptance of evidence of imminent danger, a sworn affidavit, the	1294
fee, and the set of fingerprints specified in division (B)(1) of	1295
this section, or for the provision to any person of a standard	1296
form to be used for a person to apply for a temporary emergency	1297
license to carry a concealed handgun.	1298

Sec. 2923.13.  (A) Unless relieved from disability as	1299
provided in section 2923.14 of the Revised Code, no person shall	1300
knowingly acquire, have, carry, or use any firearm or dangerous	1301
ordnance, if any of the following apply:	1302

(1) The person is a fugitive from justice.

1303

(2) The person is under indictment for or has been convicted	1304
of any felony offense of violence or has been adjudicated a	1305
delinquent child for the commission of an offense that, if	1306
committed by an adult, would have been a felony offense of	1307
violence.	1308

(3) The person is under indictment for or has been convicted	1309
of any felony offense involving the illegal possession, use, sale,	1310
administration, distribution, or trafficking in any drug of abuse	1311
or has been adjudicated a delinquent child for the commission of	1312
an offense that, if committed by an adult, would have been a	1313
felony offense involving the illegal possession, use, sale,	1314
administration, distribution, or trafficking in any drug of abuse.	1315

(4) The person is drug dependent, in danger of drug	1316
dependence, or a chronic alcoholic.	1317

(5) The person is under adjudication of mental incompetence,	1318
has been adjudicated as a mental defective, has been committed to	1319
a mental institution, has been found by a court to be a mentally	1320
ill person subject to hospitalization by court order, or is an	1321
involuntary patient other than one who is a patient only for	1322
purposes of observation. As used in this division, "mentally ill	1323
person subject to hospitalization by court order" and "patient"	1324
have the same meanings as in section 5122.01 of the Revised Code.	1325

(B) Whoever violates this section is guilty of having weapons	1326
while under disability, a felony of the third degree.	1327

Sec. 2945.37.  (A) As used in sections 2945.37 to 2945.402 of	1328
the Revised Code:	1329

(1) "Prosecutor" means a prosecuting attorney or a city	1330
director of law, village solicitor, or similar chief legal officer	1331
of a municipal corporation who has authority to prosecute a	1332
criminal case that is before the court or the criminal case in	1333
which a defendant in a criminal case has been found incompetent to	1334
stand trial or not guilty by reason of insanity.	1335

(2) "Examiner" means either of the following:

1336

(a) A psychiatrist or a licensed clinical psychologist who	1337
satisfies the criteria of division (I)(1) of section 5122.01 of	1338
the Revised Code or is employed by a certified forensic center	1339
designated by the department of mental health to conduct	1340
examinations or evaluations.	1341

(b) For purposes of a separate mental retardation evaluation	1342
that is ordered by a court pursuant to division (H) of section	1343
2945.371 of the Revised Code, a psychologist designated by the	1344
director of developmental disabilities pursuant to that section to	1345
conduct that separate mental retardation evaluation.	1346

(3) "Nonsecured status" means any unsupervised, off-grounds	1347
movement or trial visit from a hospital or institution, or any	1348
conditional release, that is granted to a person who is found	1349
incompetent to stand trial and is committed pursuant to section	1350
2945.39 of the Revised Code or to a person who is found not guilty	1351
by reason of insanity and is committed pursuant to section 2945.40	1352
of the Revised Code.	1353

(4) "Unsupervised, off-grounds movement" includes only	1354
off-grounds privileges that are unsupervised and that have an	1355
expectation of return to the hospital or institution on a daily	1356
basis.	1357

(5) "Trial visit" means a patient privilege of a longer	1358
stated duration of unsupervised community contact with an	1359
expectation of return to the hospital or institution at designated	1360
times.	1361

(6) "Conditional release" means a commitment status under	1362
which the trial court at any time may revoke a person's	1363
conditional release and order the rehospitalization or	1364
reinstitutionalization of the person as described in division (A)	1365
of section 2945.402 of the Revised Code and pursuant to which a	1366
person who is found incompetent to stand trial or a person who is	1367
found not guilty by reason of insanity lives and receives	1368
treatment in the community for a period of time that does not	1369
exceed the maximum prison term or term of imprisonment that the	1370
person could have received for the offense in question had the	1371
person been convicted of the offense instead of being found	1372
incompetent to stand trial on the charge of the offense or being	1373
found not guilty by reason of insanity relative to the offense.	1374

(7) "Licensed clinical psychologist," "mentally ill person	1375
subject to hospitalization by court order," and "psychiatrist"	1376
have the same meanings as in section 5122.01 of the Revised Code.	1377

(8) "Mentally retarded person subject to institutionalization	1378
by court order" has the same meaning as in section 5123.01 of the	1379
Revised Code.	1380

(B) In a criminal action in a court of common pleas, a county	1381
court, or a municipal court, the court, prosecutor, or defense may	1382
raise the issue of the defendant's competence to stand trial. If	1383
the issue is raised before the trial has commenced, the court	1384
shall hold a hearing on the issue as provided in this section. If	1385
the issue is raised after the trial has commenced, the court shall	1386
hold a hearing on the issue only for good cause shown or on the	1387
court's own motion.	1388

(C) The court shall conduct the hearing required or	1389
authorized under division (B) of this section within thirty days	1390
after the issue is raised, unless the defendant has been referred	1391
for evaluation in which case the court shall conduct the hearing	1392
within ten days after the filing of the report of the evaluation	1393
or, in the case of a defendant who is ordered by the court	1394
pursuant to division (H) of section 2945.371 of the Revised Code	1395
to undergo a separate mental retardation evaluation conducted by a	1396
psychologist designated by the director of developmental	1397
disabilities, within ten days after the filing of the report of	1398
the separate mental retardation evaluation under that division. A	1399
hearing may be continued for good cause.	1400

(D) The defendant shall be represented by counsel at the	1401
hearing conducted under division (C) of this section. If the	1402
defendant is unable to obtain counsel, the court shall appoint	1403
counsel under Chapter 120. of the Revised Code or under the	1404
authority recognized in division (C) of section 120.06, division	1405
(E) of section 120.16, division (E) of section 120.26, or section	1406
2941.51 of the Revised Code before proceeding with the hearing.	1407

(E) The prosecutor and defense counsel may submit evidence on	1408
the issue of the defendant's competence to stand trial. A written	1409
report of the evaluation of the defendant may be admitted into	1410
evidence at the hearing by stipulation, but, if either the	1411
prosecution or defense objects to its admission, the report may be	1412
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1413
any other applicable statute or rule.	1414

(F) The court shall not find a defendant incompetent to stand	1415
trial solely because the defendant is receiving or has received	1416
treatment as a voluntary or involuntary mentally ill patient under	1417
Chapter 5122. or a voluntary or involuntary mentally retarded	1418
resident under Chapter 5123. of the Revised Code or because the	1419
defendant is receiving or has received psychotropic drugs or other	1420
medication, even if the defendant might become incompetent to	1421
stand trial without the drugs or medication.	1422

(G) A defendant is presumed to be competent to stand trial.	1423
If, after a hearing, the court finds by a preponderance of the	1424
evidence that, because of the defendant's present mental	1425
condition, the defendant is incapable of understanding the nature	1426
and objective of the proceedings against the defendant or of	1427
assisting in the defendant's defense, the court shall find the	1428
defendant incompetent to stand trial and shall enter an order	1429
authorized by section 2945.38 of the Revised Code.	1430

(H) Municipal courts shall follow the procedures set forth in	1431
sections 2945.37 to 2945.402 of the Revised Code. Except as	1432
provided in section 2945.371 of the Revised Code, a municipal	1433
court shall not order an evaluation of the defendant's competence	1434
to stand trial or the defendant's mental condition at the time of	1435
the commission of the offense to be conducted at any hospital	1436
operated by the department of mental health. Those evaluations	1437
shall be performed through community resources including, but not	1438
limited to, certified forensic centers, court probation	1439
departments, and community mental health agencies. All expenses of	1440
the evaluations shall be borne by the legislative authority of the	1441
municipal court, as defined in section 1901.03 of the Revised	1442
Code, and shall be taxed as costs in the case. If a defendant is	1443
found incompetent to stand trial or not guilty by reason of	1444
insanity, a municipal court may commit the defendant as provided	1445
in sections 2945.38 to 2945.402 of the Revised Code.	1446

Sec. 2945.38.  (A) If the issue of a defendant's competence	1447
to stand trial is raised and if the court, upon conducting the	1448
hearing provided for in section 2945.37 of the Revised Code, finds	1449
that the defendant is competent to stand trial, the defendant	1450
shall be proceeded against as provided by law. If the court finds	1451
the defendant competent to stand trial and the defendant is	1452
receiving psychotropic drugs or other medication, the court may	1453
authorize the continued administration of the drugs or medication	1454
or other appropriate treatment in order to maintain the	1455
defendant's competence to stand trial, unless the defendant's	1456
attending physician advises the court against continuation of the	1457
drugs, other medication, or treatment.	1458

(B)(1)(a) If, after taking into consideration all relevant	1459
reports, information, and other evidence, the court finds that the	1460
defendant is incompetent to stand trial and that there is a	1461
substantial probability that the defendant will become competent	1462
to stand trial within one year if the defendant is provided with a	1463
course of treatment, the court shall order the defendant to	1464
undergo treatment. If the defendant has been charged with a felony	1465
offense and if, after taking into consideration all relevant	1466
reports, information, and other evidence, the court finds that the	1467
defendant is incompetent to stand trial, but the court is unable	1468
at that time to determine whether there is a substantial	1469
probability that the defendant will become competent to stand	1470
trial within one year if the defendant is provided with a course	1471
of treatment, the court shall order continuing evaluation and	1472
treatment of the defendant for a period not to exceed four months	1473
to determine whether there is a substantial probability that the	1474
defendant will become competent to stand trial within one year if	1475
the defendant is provided with a course of treatment.	1476

(b) The court order for the defendant to undergo treatment or	1477
continuing evaluation and treatment under division (B)(1)(a) of	1478
this section shall specify that the defendant, if determined to	1479
require mental health treatment or continuing evaluation and	1480
treatment, shall be committed to the department of mental health	1481
for treatment or continuing evaluation and treatment at a	1482
hospital, facility, or agency, as determined to be clinically	1483
appropriate by the department of mental health and, if determined	1484
to require treatment or continuing evaluation and treatment for a	1485
developmental disability, shall receive treatment or continuing	1486
evaluation and treatment at an institution or facility operated by	1487
the department of developmental disabilities, at a facility	1488
certified by the department of developmental disabilities as being	1489
qualified to treat mental retardation, at a public or private	1490
community mental retardation facility, or by a mental retardation	1491
professional. The order may restrict the defendant's freedom of	1492
movement as the court considers necessary. The prosecutor in the	1493
defendant's case shall send to the chief clinical officer of the	1494
hospital, facility, or agency where the defendant is placed by the	1495
department of mental health, or to the managing officer of the	1496
institution, the director of the facility, or the person to which	1497
the defendant is committed, copies of relevant police reports and	1498
other background information that pertains to the defendant and is	1499
available to the prosecutor unless the prosecutor determines that	1500
the release of any of the information in the police reports or any	1501
of the other background information to unauthorized persons would	1502
interfere with the effective prosecution of any person or would	1503
create a substantial risk of harm to any person.	1504

In committing the defendant to the department of mental	1505
health, the court shall consider the extent to which the person is	1506
a danger to the person and to others, the need for security, and	1507
the type of crime involved and, if the court finds that	1508
restrictions on the defendant's freedom of movement are necessary,	1509
shall specify the least restrictive limitations on the person's	1510
freedom of movement determined to be necessary to protect public	1511
safety. In determining commitment alternatives for defendants	1512
determined to require treatment or continuing evaluation and	1513
treatment for developmental disabilities, the court shall consider	1514
the extent to which the person is a danger to the person and to	1515
others, the need for security, and the type of crime involved and	1516
shall order the least restrictive alternative available that is	1517
consistent with public safety and treatment goals. In weighing	1518
these factors, the court shall give preference to protecting	1519
public safety.	1520

(c) If the defendant is found incompetent to stand trial, if	1521
the chief clinical officer of the hospital, facility, or agency	1522
where the defendant is placed, or the managing officer of the	1523
institution, the director of the facility, or the person to which	1524
the defendant is committed for treatment or continuing evaluation	1525
and treatment under division (B)(1)(b) of this section determines	1526
that medication is necessary to restore the defendant's competency	1527
to stand trial, and if the defendant lacks the capacity to give	1528
informed consent or refuses medication, the chief clinical officer	1529
of the hospital, facility, or agency where the defendant is	1530
placed, or the managing officer of the institution, the director	1531
of the facility, or the person to which the defendant is committed	1532
for treatment or continuing evaluation and treatment may petition	1533
the court for authorization for the involuntary administration of	1534
medication. The court shall hold a hearing on the petition within	1535
five days of the filing of the petition if the petition was filed	1536
in a municipal court or a county court regarding an incompetent	1537
defendant charged with a misdemeanor or within ten days of the	1538
filing of the petition if the petition was filed in a court of	1539
common pleas regarding an incompetent defendant charged with a	1540
felony offense. Following the hearing, the court may authorize the	1541
involuntary administration of medication or may dismiss the	1542
petition.	1543

(d) If the defendant is charged with a misdemeanor offense	1544
that is not an offense of violence, the prosecutor may hold the	1545
charges in abeyance while the defendant engages in mental health	1546
treatment or developmental disability services.	1547

(2) If the court finds that the defendant is incompetent to	1548
stand trial and that, even if the defendant is provided with a	1549
course of treatment, there is not a substantial probability that	1550
the defendant will become competent to stand trial within one	1551
year, the court shall order the discharge of the defendant, unless	1552
upon motion of the prosecutor or on its own motion, the court	1553
either seeks to retain jurisdiction over the defendant pursuant to	1554
section 2945.39 of the Revised Code or files an affidavit in the	1555
probate court for the civil commitment of the defendant pursuant	1556
to Chapter 5122. or 5123. of the Revised Code alleging that the	1557
defendant is a mentally ill person subject to hospitalization by	1558
court order or a mentally retarded person subject to	1559
institutionalization by court order. If an affidavit is filed in	1560
the probate court, the trial court shall send to the probate court	1561
copies of all written reports of the defendant's mental condition	1562
that were prepared pursuant to section 2945.371 of the Revised	1563
Code.	1564

The trial court may issue the temporary order of detention	1565
that a probate court may issue under section 5122.11 or 5123.71 of	1566
the Revised Code, to remain in effect until the probable cause or	1567
initial hearing in the probate court. Further proceedings in the	1568
probate court are civil proceedings governed by Chapter 5122. or	1569
5123. of the Revised Code.	1570

(C) No defendant shall be required to undergo treatment,	1571
including any continuing evaluation and treatment, under division	1572
(B)(1) of this section for longer than whichever of the following	1573
periods is applicable:	1574

(1) One year, if the most serious offense with which the	1575
defendant is charged is one of the following offenses:	1576

(a) Aggravated murder, murder, or an offense of violence for	1577
which a sentence of death or life imprisonment may be imposed;	1578

(b) An offense of violence that is a felony of the first or	1579
second degree;	1580

(c) A conspiracy to commit, an attempt to commit, or	1581
complicity in the commission of an offense described in division	1582
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	1583
complicity is a felony of the first or second degree.	1584

(2) Six months, if the most serious offense with which the	1585
defendant is charged is a felony other than a felony described in	1586
division (C)(1) of this section;	1587

(3) Sixty days, if the most serious offense with which the	1588
defendant is charged is a misdemeanor of the first or second	1589
degree;	1590

(4) Thirty days, if the most serious offense with which the	1591
defendant is charged is a misdemeanor of the third or fourth	1592
degree, a minor misdemeanor, or an unclassified misdemeanor.	1593

(D) Any defendant who is committed pursuant to this section	1594
shall not voluntarily admit the defendant or be voluntarily	1595
admitted to a hospital or institution pursuant to section 5122.02,	1596
5122.15, 5123.69, or 5123.76 of the Revised Code.	1597

(E) Except as otherwise provided in this division, a	1598
defendant who is charged with an offense and is committed by the	1599
court under this section to the department of mental health with	1600
restrictions on the defendant's freedom of movement or is	1601
committed to an institution or facility for the treatment of	1602
developmental disabilities shall not be granted unsupervised	1603
on-grounds movement, supervised off-grounds movement, or	1604
nonsecured status except in accordance with the court order. The	1605
court may grant a defendant supervised off-grounds movement to	1606
obtain medical treatment or specialized habilitation treatment	1607
services if the person who supervises the treatment or the	1608
continuing evaluation and treatment of the defendant ordered under	1609
division (B)(1)(a) of this section informs the court that the	1610
treatment or continuing evaluation and treatment cannot be	1611
provided at the hospital or facility where the defendant is placed	1612
by the department of mental health or the institution or facility	1613
to which the defendant is committed. The chief clinical officer of	1614
the hospital or facility where the defendant is placed by the	1615
department of mental health or the managing officer of the	1616
institution or director of the facility to which the defendant is	1617
committed, or a designee of any of those persons, may grant a	1618
defendant movement to a medical facility for an emergency medical	1619
situation with appropriate supervision to ensure the safety of the	1620
defendant, staff, and community during that emergency medical	1621
situation. The chief clinical officer of the hospital or facility	1622
where the defendant is placed by the department of mental health	1623
or the managing officer of the institution or director of the	1624
facility to which the defendant is committed shall notify the	1625
court within twenty-four hours of the defendant's movement to the	1626
medical facility for an emergency medical situation under this	1627
division.	1628

(F) The person who supervises the treatment or continuing	1629
evaluation and treatment of a defendant ordered to undergo	1630
treatment or continuing evaluation and treatment under division	1631
(B)(1)(a) of this section shall file a written report with the	1632
court at the following times:	1633

(1) Whenever the person believes the defendant is capable of	1634
understanding the nature and objective of the proceedings against	1635
the defendant and of assisting in the defendant's defense;	1636

(2) For a felony offense, fourteen days before expiration of	1637
the maximum time for treatment as specified in division (C) of	1638
this section and fourteen days before the expiration of the	1639
maximum time for continuing evaluation and treatment as specified	1640
in division (B)(1)(a) of this section, and, for a misdemeanor	1641
offense, ten days before the expiration of the maximum time for	1642
treatment, as specified in division (C) of this section;	1643

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

1644

(4) Whenever the person who supervises the treatment or	1645
continuing evaluation and treatment of a defendant ordered under	1646
division (B)(1)(a) of this section believes that there is not a	1647
substantial probability that the defendant will become capable of	1648
understanding the nature and objective of the proceedings against	1649
the defendant or of assisting in the defendant's defense even if	1650
the defendant is provided with a course of treatment.	1651

(G) A report under division (F) of this section shall contain	1652
the examiner's findings, the facts in reasonable detail on which	1653
the findings are based, and the examiner's opinion as to the	1654
defendant's capability of understanding the nature and objective	1655
of the proceedings against the defendant and of assisting in the	1656
defendant's defense. If, in the examiner's opinion, the defendant	1657
remains incapable of understanding the nature and objective of the	1658
proceedings against the defendant and of assisting in the	1659
defendant's defense and there is a substantial probability that	1660
the defendant will become capable of understanding the nature and	1661
objective of the proceedings against the defendant and of	1662
assisting in the defendant's defense if the defendant is provided	1663
with a course of treatment, if in the examiner's opinion the	1664
defendant remains mentally ill or mentally retarded, and if the	1665
maximum time for treatment as specified in division (C) of this	1666
section has not expired, the report also shall contain the	1667
examiner's recommendation as to the least restrictive placement or	1668
commitment alternative that is consistent with the defendant's	1669
treatment needs for restoration to competency and with the safety	1670
of the community. The court shall provide copies of the report to	1671
the prosecutor and defense counsel.	1672

(H) If a defendant is committed pursuant to division (B)(1)	1673
of this section, within ten days after the treating physician of	1674
the defendant or the examiner of the defendant who is employed or	1675
retained by the treating facility advises that there is not a	1676
substantial probability that the defendant will become capable of	1677
understanding the nature and objective of the proceedings against	1678
the defendant or of assisting in the defendant's defense even if	1679
the defendant is provided with a course of treatment, within ten	1680
days after the expiration of the maximum time for treatment as	1681
specified in division (C) of this section, within ten days after	1682
the expiration of the maximum time for continuing evaluation and	1683
treatment as specified in division (B)(1)(a) of this section,	1684
within thirty days after a defendant's request for a hearing that	1685
is made after six months of treatment, or within thirty days after	1686
being advised by the treating physician or examiner that the	1687
defendant is competent to stand trial, whichever is the earliest,	1688
the court shall conduct another hearing to determine if the	1689
defendant is competent to stand trial and shall do whichever of	1690
the following is applicable:	1691

(1) If the court finds that the defendant is competent to	1692
stand trial, the defendant shall be proceeded against as provided	1693
by law.	1694

(2) If the court finds that the defendant is incompetent to	1695
stand trial, but that there is a substantial probability that the	1696
defendant will become competent to stand trial if the defendant is	1697
provided with a course of treatment, and the maximum time for	1698
treatment as specified in division (C) of this section has not	1699
expired, the court, after consideration of the examiner's	1700
recommendation, shall order that treatment be continued, may	1701
change the least restrictive limitations on the defendant's	1702
freedom of movement, and, if applicable, shall specify whether the	1703
treatment for developmental disabilities is to be continued at the	1704
same or a different facility or institution.	1705

(3) If the court finds that the defendant is incompetent to	1706
stand trial, if the defendant is charged with an offense listed in	1707
division (C)(1) of this section, and if the court finds that there	1708
is not a substantial probability that the defendant will become	1709
competent to stand trial even if the defendant is provided with a	1710
course of treatment, or if the maximum time for treatment relative	1711
to that offense as specified in division (C) of this section has	1712
expired, further proceedings shall be as provided in sections	1713
2945.39, 2945.401, and 2945.402 of the Revised Code.	1714

(4) If the court finds that the defendant is incompetent to	1715
stand trial, if the most serious offense with which the defendant	1716
is charged is a misdemeanor or a felony other than a felony listed	1717
in division (C)(1) of this section, and if the court finds that	1718
there is not a substantial probability that the defendant will	1719
become competent to stand trial even if the defendant is provided	1720
with a course of treatment, or if the maximum time for treatment	1721
relative to that offense as specified in division (C) of this	1722
section has expired, the court shall dismiss the indictment,	1723
information, or complaint against the defendant. A dismissal under	1724
this division is not a bar to further prosecution based on the	1725
same conduct. The court shall discharge the defendant unless the	1726
court or prosecutor files an affidavit in probate court for civil	1727
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	1728
If an affidavit for civil commitment is filed, the court may	1729
detain the defendant for ten days pending civil commitment. All of	1730
the following provisions apply to persons charged with a	1731
misdemeanor or a felony other than a felony listed in division	1732
(C)(1) of this section who are committed by the probate court	1733
subsequent to the court's or prosecutor's filing of an affidavit	1734
for civil commitment under authority of this division:	1735

(a) The chief clinical officer of the entity, hospital, or	1736
facility, the managing officer of the institution, or the person	1737
to which the defendant is committed or admitted shall do all of	1738
the following:	1739

(i) Notify the prosecutor, in writing, of the discharge of	1740
the defendant, send the notice at least ten days prior to the	1741
discharge unless the discharge is by the probate court, and state	1742
in the notice the date on which the defendant will be discharged;	1743

(ii) Notify the prosecutor, in writing, when the defendant is	1744
absent without leave or is granted unsupervised, off-grounds	1745
movement, and send this notice promptly after the discovery of the	1746
absence without leave or prior to the granting of the	1747
unsupervised, off-grounds movement, whichever is applicable;	1748

(iii) Notify the prosecutor, in writing, of the change of the	1749
defendant's commitment or admission to voluntary status, send the	1750
notice promptly upon learning of the change to voluntary status,	1751
and state in the notice the date on which the defendant was	1752
committed or admitted on a voluntary status.	1753

(b) Upon receiving notice that the defendant will be granted	1754
unsupervised, off-grounds movement, the prosecutor either shall	1755
re-indict the defendant or promptly notify the court that the	1756
prosecutor does not intend to prosecute the charges against the	1757
defendant.	1758

(I) If a defendant is convicted of a crime and sentenced to a	1759
jail or workhouse, the defendant's sentence shall be reduced by	1760
the total number of days the defendant is confined for evaluation	1761
to determine the defendant's competence to stand trial or	1762
treatment under this section and sections 2945.37 and 2945.371 of	1763
the Revised Code or by the total number of days the defendant is	1764
confined for evaluation to determine the defendant's mental	1765
condition at the time of the offense charged.	1766

Sec. 2945.39.  (A) If a defendant who is charged with an	1767
offense described in division (C)(1) of section 2945.38 of the	1768
Revised Code is found incompetent to stand trial, after the	1769
expiration of the maximum time for treatment as specified in	1770
division (C) of that section or after the court finds that there	1771
is not a substantial probability that the defendant will become	1772
competent to stand trial even if the defendant is provided with a	1773
course of treatment, one of the following applies:	1774

(1) The court or the prosecutor may file an affidavit in	1775
probate court for civil commitment of the defendant in the manner	1776
provided in Chapter 5122. or 5123. of the Revised Code. If the	1777
court or prosecutor files an affidavit for civil commitment, the	1778
court may detain the defendant for ten days pending civil	1779
commitment. If the probate court commits the defendant subsequent	1780
to the court's or prosecutor's filing of an affidavit for civil	1781
commitment, the chief clinical officer of the entity, hospital, or	1782
facility, the managing officer of the institution, or the person	1783
to which the defendant is committed or admitted shall send to the	1784
prosecutor the notices described in divisions (H)(4)(a)(i) to	1785
(iii) of section 2945.38 of the Revised Code within the periods of	1786
time and under the circumstances specified in those divisions.	1787

(2) On the motion of the prosecutor or on its own motion, the	1788
court may retain jurisdiction over the defendant if, at a hearing,	1789
the court finds both of the following by clear and convincing	1790
evidence:	1791

(a) The defendant committed the offense with which the	1792
defendant is charged.	1793

(b) The defendant is a mentally ill person subject to	1794
hospitalization by court order or a mentally retarded person	1795
subject to institutionalization by court order.	1796

(B) In making its determination under division (A)(2) of this	1797
section as to whether to retain jurisdiction over the defendant,	1798
the court may consider all relevant evidence, including, but not	1799
limited to, any relevant psychiatric, psychological, or medical	1800
testimony or reports, the acts constituting the offense charged,	1801
and any history of the defendant that is relevant to the	1802
defendant's ability to conform to the law.	1803

(C) If the court conducts a hearing as described in division	1804
(A)(2) of this section and if the court does not make both	1805
findings described in divisions (A)(2)(a) and (b) of this section	1806
by clear and convincing evidence, the court shall dismiss the	1807
indictment, information, or complaint against the defendant. Upon	1808
the dismissal, the court shall discharge the defendant unless the	1809
court or prosecutor files an affidavit in probate court for civil	1810
commitment of the defendant pursuant to Chapter 5122. or 5123. of	1811
the Revised Code. If the court or prosecutor files an affidavit	1812
for civil commitment, the court may order that the defendant be	1813
detained for up to ten days pending the civil commitment. If the	1814
probate court commits the defendant subsequent to the court's or	1815
prosecutor's filing of an affidavit for civil commitment, the	1816
chief clinical officer of the entity, hospital, or facility, the	1817
managing officer of the institution, or the person to which the	1818
defendant is committed or admitted shall send to the prosecutor	1819
the notices described in divisions (H)(4)(a)(i) to (iii) of	1820
section 2945.38 of the Revised Code within the periods of time and	1821
under the circumstances specified in those divisions. A dismissal	1822
of charges under this division is not a bar to further criminal	1823
proceedings based on the same conduct.	1824

(D)(1) If the court conducts a hearing as described in	1825
division (A)(2) of this section and if the court makes the	1826
findings described in divisions (A)(2)(a) and (b) of this section	1827
by clear and convincing evidence, the court shall commit the	1828
defendant, if determined to require mental health treatment, to	1829
the department of mental health for treatment at a hospital,	1830
facility, or agency as determined clinically appropriate by the	1831
department of mental health or, if determined to require treatment	1832
for developmental disabilities, to a facility operated by the	1833
department of developmental disabilities, or another facility, as	1834
appropriate. In committing the defendant to the department of	1835
mental health, the court shall specify the least restrictive	1836
limitations on the defendant's freedom of movement determined to	1837
be necessary to protect public safety. In determining the place	1838
and nature of the commitment to a facility operated by the	1839
department of developmental disabilities or another facility for	1840
treatment of developmental disabilities, the court shall order the	1841
least restrictive commitment alternative available that is	1842
consistent with public safety and the welfare of the defendant. In	1843
weighing these factors, the court shall give preference to	1844
protecting public safety.	1845

(2) If a court makes a commitment of a defendant under	1846
division (D)(1) of this section, the prosecutor shall send to the	1847
hospital, facility, or agency where the defendant is placed by the	1848
department of mental health or to the defendant's place of	1849
commitment all reports of the defendant's current mental condition	1850
and, except as otherwise provided in this division, any other	1851
relevant information, including, but not limited to, a transcript	1852
of the hearing held pursuant to division (A)(2) of this section,	1853
copies of relevant police reports, and copies of any prior arrest	1854
and conviction records that pertain to the defendant and that the	1855
prosecutor possesses. The prosecutor shall send the reports of the	1856
defendant's current mental condition in every case of commitment,	1857
and, unless the prosecutor determines that the release of any of	1858
the other relevant information to unauthorized persons would	1859
interfere with the effective prosecution of any person or would	1860
create a substantial risk of harm to any person, the prosecutor	1861
also shall send the other relevant information.	1862

(3) If a court makes a commitment under division (D)(1) of	1863
this section, all further proceedings shall be in accordance with	1864
sections 2945.401 and 2945.402 of the Revised Code.	1865

Sec. 2945.40.  (A) If a person is found not guilty by reason	1866
of insanity, the verdict shall state that finding, and the trial	1867
court shall conduct a full hearing to determine whether the person	1868
is a mentally ill person subject to hospitalization by court order	1869
or a mentally retarded person subject to institutionalization by	1870
court order. Prior to the hearing, if the trial judge believes	1871
that there is probable cause that the person found not guilty by	1872
reason of insanity is a mentally ill person subject to	1873
hospitalization by court order or mentally retarded person subject	1874
to institutionalization by court order, the trial judge may issue	1875
a temporary order of detention for that person to remain in effect	1876
for ten court days or until the hearing, whichever occurs first.	1877

Any person detained pursuant to a temporary order of	1878
detention issued under this division shall be held in a suitable	1879
facility, taking into consideration the place and type of	1880
confinement prior to and during trial.	1881

(B) The court shall hold the hearing under division (A) of	1882
this section to determine whether the person found not guilty by	1883
reason of insanity is a mentally ill person subject to	1884
hospitalization by court order or a mentally retarded person	1885
subject to institutionalization by court order within ten court	1886
days after the finding of not guilty by reason of insanity.	1887
Failure to conduct the hearing within the ten-day period shall	1888
cause the immediate discharge of the respondent, unless the judge	1889
grants a continuance for not longer than ten court days for good	1890
cause shown or for any period of time upon motion of the	1891
respondent.	1892

(C) If a person is found not guilty by reason of insanity,	1893
the person has the right to attend all hearings conducted pursuant	1894
to sections 2945.37 to 2945.402 of the Revised Code. At any	1895
hearing conducted pursuant to one of those sections, the court	1896
shall inform the person that the person has all of the following	1897
rights:	1898

(1) The right to be represented by counsel and to have that	1899
counsel provided at public expense if the person is indigent, with	1900
the counsel to be appointed by the court under Chapter 120. of the	1901
Revised Code or under the authority recognized in division (C) of	1902
section 120.06, division (E) of section 120.16, division (E) of	1903
section 120.26, or section 2941.51 of the Revised Code;	1904

(2) The right to have independent expert evaluation and to	1905
have that independent expert evaluation provided at public expense	1906
if the person is indigent;	1907

(3) The right to subpoena witnesses and documents, to present	1908
evidence on the person's behalf, and to cross-examine witnesses	1909
against the person;	1910

(4) The right to testify in the person's own behalf and to	1911
not be compelled to testify;	1912

(5) The right to have copies of any relevant medical or	1913
mental health document in the custody of the state or of any place	1914
of commitment other than a document for which the court finds that	1915
the release to the person of information contained in the document	1916
would create a substantial risk of harm to any person.	1917

(D) The hearing under division (A) of this section shall be	1918
open to the public, and the court shall conduct the hearing in	1919
accordance with the Rules of Civil Procedure. The court shall make	1920
and maintain a full transcript and record of the hearing	1921
proceedings. The court may consider all relevant evidence,	1922
including, but not limited to, any relevant psychiatric,	1923
psychological, or medical testimony or reports, the acts	1924
constituting the offense in relation to which the person was found	1925
not guilty by reason of insanity, and any history of the person	1926
that is relevant to the person's ability to conform to the law.	1927

(E) Upon completion of the hearing under division (A) of this	1928
section, if the court finds there is not clear and convincing	1929
evidence that the person is a mentally ill person subject to	1930
hospitalization by court order or a mentally retarded person	1931
subject to institutionalization by court order, the court shall	1932
discharge the person, unless a detainer has been placed upon the	1933
person by the department of rehabilitation and correction, in	1934
which case the person shall be returned to that department.	1935

(F) If, at the hearing under division (A) of this section,	1936
the court finds by clear and convincing evidence that the person	1937
is a mentally ill person subject to hospitalization by court	1938
order, the court shall commit the person to the department of	1939
mental health for placement in a hospital, facility, or agency as	1940
determined clinically appropriate by the department of mental	1941
health. If, at the hearing under division (A) of this section, the	1942
court finds by clear and convincing evidence that the person is a	1943
mentally retarded person subject to institutionalization by court	1944
order, it shall commit the person to a facility operated by the	1945
department of developmental disabilities or another facility, as	1946
appropriate. Further proceedings shall be in accordance with	1947
sections 2945.401 and 2945.402 of the Revised Code. In committing	1948
the person to the department of mental health, the court shall	1949
specify the least restrictive limitations to the defendant's	1950
freedom of movement determined to be necessary to protect public	1951
safety. In determining the place and nature of the commitment of a	1952
mentally retarded person subject to institutionalization by court	1953
order, the court shall order the least restrictive commitment	1954
alternative available that is consistent with public safety and	1955
the welfare of the person. In weighing these factors, the court	1956
shall give preference to protecting public safety.	1957

(G) If a court makes a commitment of a person under division	1958
(F) of this section, the prosecutor shall send to the hospital,	1959
facility, or agency where the person is placed by the department	1960
of mental health or to the defendant's place of commitment all	1961
reports of the person's current mental condition, and, except as	1962
otherwise provided in this division, any other relevant	1963
information, including, but not limited to, a transcript of the	1964
hearing held pursuant to division (A) of this section, copies of	1965
relevant police reports, and copies of any prior arrest and	1966
conviction records that pertain to the person and that the	1967
prosecutor possesses. The prosecutor shall send the reports of the	1968
person's current mental condition in every case of commitment,	1969
and, unless the prosecutor determines that the release of any of	1970
the other relevant information to unauthorized persons would	1971
interfere with the effective prosecution of any person or would	1972
create a substantial risk of harm to any person, the prosecutor	1973
also shall send the other relevant information.	1974

(H) A person who is committed pursuant to this section shall	1975
not voluntarily admit the person or be voluntarily admitted to a	1976
hospital or institution pursuant to section 5122.02, 5122.15,	1977
5123.69, or 5123.76 of the Revised Code.	1978

Sec. 2945.401.  (A) A defendant found incompetent to stand	1979
trial and committed pursuant to section 2945.39 of the Revised	1980
Code or a person found not guilty by reason of insanity and	1981
committed pursuant to section 2945.40 of the Revised Code shall	1982
remain subject to the jurisdiction of the trial court pursuant to	1983
that commitment, and to the provisions of this section, until the	1984
final termination of the commitment as described in division	1985
(J)(1) of this section. If the jurisdiction is terminated under	1986
this division because of the final termination of the commitment	1987
resulting from the expiration of the maximum prison term or term	1988
of imprisonment described in division (J)(1)(b) of this section,	1989
the court or prosecutor may file an affidavit for the civil	1990
commitment of the defendant or person pursuant to Chapter 5122. or	1991
5123. of the Revised Code.	1992

(B) A hearing conducted under any provision of sections	1993
2945.37 to 2945.402 of the Revised Code shall not be conducted in	1994
accordance with Chapters 5122. and 5123. of the Revised Code. Any	1995
person who is committed pursuant to section 2945.39 or 2945.40 of	1996
the Revised Code shall not voluntarily admit the person or be	1997
voluntarily admitted to a hospital or institution pursuant to	1998
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	1999
All other provisions of Chapters 5122. and 5123. of the Revised	2000
Code regarding hospitalization or institutionalization shall apply	2001
to the extent they are not in conflict with this chapter. A	2002
commitment under section 2945.39 or 2945.40 of the Revised Code	2003
shall not be terminated and the conditions of the commitment shall	2004
not be changed except as otherwise provided in division (D)(2) of	2005
this section with respect to a mentally retarded person subject to	2006
institutionalization by court order or except by order of the	2007
trial court.	2008

(C) The department of mental health or the institution or	2009
facility to which a defendant or person has been committed under	2010
section 2945.39 or 2945.40 of the Revised Code shall report in	2011
writing to the trial court, at the times specified in this	2012
division, as to whether the defendant or person remains a mentally	2013
ill person subject to hospitalization by court order or a mentally	2014
retarded person subject to institutionalization by court order	2015
and, in the case of a defendant committed under section 2945.39 of	2016
the Revised Code, as to whether the defendant remains incompetent	2017
to stand trial. The department, institution, or facility shall	2018
make the reports after the initial six months of treatment and	2019
every two years after the initial report is made. The trial court	2020
shall provide copies of the reports to the prosecutor and to the	2021
counsel for the defendant or person. Within thirty days after its	2022
receipt pursuant to this division of a report from the department,	2023
institution, or facility, the trial court shall hold a hearing on	2024
the continued commitment of the defendant or person or on any	2025
changes in the conditions of the commitment of the defendant or	2026
person. The defendant or person may request a change in the	2027
conditions of confinement, and the trial court shall conduct a	2028
hearing on that request if six months or more have elapsed since	2029
the most recent hearing was conducted under this section.	2030

(D)(1) Except as otherwise provided in division (D)(2) of	2031
this section, when a defendant or person has been committed under	2032
section 2945.39 or 2945.40 of the Revised Code, at any time after	2033
evaluating the risks to public safety and the welfare of the	2034
defendant or person, the designee of the department of mental	2035
health or the managing officer of the institution or director of	2036
the facility to which the defendant or person is committed may	2037
recommend a termination of the defendant's or person's commitment	2038
or a change in the conditions of the defendant's or person's	2039
commitment.	2040

Except as otherwise provided in division (D)(2) of this	2041
section, if the designee of the department of mental health	2042
recommends on-grounds unsupervised movement, off-grounds	2043
supervised movement, or nonsecured status for the defendant or	2044
person or termination of the defendant's or person's commitment,	2045
the following provisions apply:	2046

(a) If the department's designee recommends on-grounds	2047
unsupervised movement or off-grounds supervised movement, the	2048
department's designee shall file with the trial court an	2049
application for approval of the movement and shall send a copy of	2050
the application to the prosecutor. Within fifteen days after	2051
receiving the application, the prosecutor may request a hearing on	2052
the application and, if a hearing is requested, shall so inform	2053
the department's designee. If the prosecutor does not request a	2054
hearing within the fifteen-day period, the trial court shall	2055
approve the application by entering its order approving the	2056
requested movement or, within five days after the expiration of	2057
the fifteen-day period, shall set a date for a hearing on the	2058
application. If the prosecutor requests a hearing on the	2059
application within the fifteen-day period, the trial court shall	2060
hold a hearing on the application within thirty days after the	2061
hearing is requested. If the trial court, within five days after	2062
the expiration of the fifteen-day period, sets a date for a	2063
hearing on the application, the trial court shall hold the hearing	2064
within thirty days after setting the hearing date. At least	2065
fifteen days before any hearing is held under this division, the	2066
trial court shall give the prosecutor written notice of the date,	2067
time, and place of the hearing. At the conclusion of each hearing	2068
conducted under this division, the trial court either shall	2069
approve or disapprove the application and shall enter its order	2070
accordingly.	2071

(b) If the department's designee recommends termination of	2072
the defendant's or person's commitment at any time or if the	2073
department's designee recommends the first of any nonsecured	2074
status for the defendant or person, the department's designee	2075
shall send written notice of this recommendation to the trial	2076
court and to the local forensic center. The local forensic center	2077
shall evaluate the committed defendant or person and, within	2078
thirty days after its receipt of the written notice, shall submit	2079
to the trial court and the department's designee a written report	2080
of the evaluation. The trial court shall provide a copy of the	2081
department's designee's written notice and of the local forensic	2082
center's written report to the prosecutor and to the counsel for	2083
the defendant or person. Upon the local forensic center's	2084
submission of the report to the trial court and the department's	2085
designee, all of the following apply:	2086

(i) If the forensic center disagrees with the recommendation	2087
of the department's designee, it shall inform the department's	2088
designee and the trial court of its decision and the reasons for	2089
the decision. The department's designee, after consideration of	2090
the forensic center's decision, shall either withdraw, proceed	2091
with, or modify and proceed with the recommendation. If the	2092
department's designee proceeds with, or modifies and proceeds	2093
with, the recommendation, the department's designee shall proceed	2094
in accordance with division (D)(1)(b)(iii) of this section.	2095

(ii) If the forensic center agrees with the recommendation of	2096
the department's designee, it shall inform the department's	2097
designee and the trial court of its decision and the reasons for	2098
the decision, and the department's designee shall proceed in	2099
accordance with division (D)(1)(b)(iii) of this section.	2100

(iii) If the forensic center disagrees with the	2101
recommendation of the department's designee and the department's	2102
designee proceeds with, or modifies and proceeds with, the	2103
recommendation or if the forensic center agrees with the	2104
recommendation of the department's designee, the department's	2105
designee shall work with community mental health agencies,	2106
programs, facilities, or boards of alcohol, drug addiction, and	2107
mental health services to develop a plan to implement the	2108
recommendation. If the defendant or person is on medication, the	2109
plan shall include, but shall not be limited to, a system to	2110
monitor the defendant's or person's compliance with the prescribed	2111
medication treatment plan. The system shall include a schedule	2112
that clearly states when the defendant or person shall report for	2113
a medication compliance check. The medication compliance checks	2114
shall be based upon the effective duration of the prescribed	2115
medication, taking into account the route by which it is taken,	2116
and shall be scheduled at intervals sufficiently close together to	2117
detect a potential increase in mental illness symptoms that the	2118
medication is intended to prevent.	2119

The department's designee shall send the recommendation and	2120
plan developed under division (D)(1)(b)(iii) of this section, in	2121
writing, to the trial court, the prosecutor and the counsel for	2122
the committed defendant or person. The trial court shall conduct a	2123
hearing on the recommendation and plan developed under division	2124
(D)(1)(b)(iii) of this section. Divisions (D)(1)(c) and (d) and	2125
(E) to (J) of this section apply regarding the hearing.	2126

(c) If the department's designee's recommendation is for	2127
nonsecured status or termination of commitment, the prosecutor may	2128
obtain an independent expert evaluation of the defendant's or	2129
person's mental condition, and the trial court may continue the	2130
hearing on the recommendation for a period of not more than thirty	2131
days to permit time for the evaluation.	2132

The prosecutor may introduce the evaluation report or present	2133
other evidence at the hearing in accordance with the Rules of	2134
Evidence.	2135

(d) The trial court shall schedule the hearing on a	2136
department's designee's recommendation for nonsecured status or	2137
termination of commitment and shall give reasonable notice to the	2138
prosecutor and the counsel for the defendant or person. Unless	2139
continued for independent evaluation at the prosecutor's request	2140
or for other good cause, the hearing shall be held within thirty	2141
days after the trial court's receipt of the recommendation and	2142
plan.	2143

(2)(a) Division (D)(1) of this section does not apply to	2144
on-grounds unsupervised movement of a defendant or person who has	2145
been committed under section 2945.39 or 2945.40 of the Revised	2146
Code, who is a mentally retarded person subject to	2147
institutionalization by court order, and who is being provided	2148
residential habilitation, care, and treatment in a facility	2149
operated by the department of developmental disabilities.	2150

(b) If, pursuant to section 2945.39 of the Revised Code, the	2151
trial court commits a defendant who is found incompetent to stand	2152
trial and who is a mentally retarded person subject to	2153
institutionalization by court order, if the defendant is being	2154
provided residential habilitation, care, and treatment in a	2155
facility operated by the department of developmental disabilities,	2156
if an individual who is conducting a survey for the department of	2157
health to determine the facility's compliance with the	2158
certification requirements of the medicaid program under Chapter	2159
5111. of the Revised Code and Title XIX of the "Social Security	2160
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	2161
defendant's receipt of the residential habilitation, care, and	2162
treatment in the facility as being inappropriate under the	2163
certification requirements, if the defendant's receipt of the	2164
residential habilitation, care, and treatment in the facility	2165
potentially jeopardizes the facility's continued receipt of	2166
federal medicaid moneys, and if as a result of the citation the	2167
chief clinical officer of the facility determines that the	2168
conditions of the defendant's commitment should be changed, the	2169
department of developmental disabilities may cause the defendant	2170
to be removed from the particular facility and, after evaluating	2171
the risks to public safety and the welfare of the defendant and	2172
after determining whether another type of placement is consistent	2173
with the certification requirements, may place the defendant in	2174
another facility that the department selects as an appropriate	2175
facility for the defendant's continued receipt of residential	2176
habilitation, care, and treatment and that is a no less secure	2177
setting than the facility in which the defendant had been placed	2178
at the time of the citation. Within three days after the	2179
defendant's removal and alternative placement under the	2180
circumstances described in division (D)(2)(b) of this section, the	2181
department of developmental disabilities shall notify the trial	2182
court and the prosecutor in writing of the removal and alternative	2183
placement.	2184

The trial court shall set a date for a hearing on the removal	2185
and alternative placement, and the hearing shall be held within	2186
twenty-one days after the trial court's receipt of the notice from	2187
the department of developmental disabilities. At least ten days	2188
before the hearing is held, the trial court shall give the	2189
prosecutor, the department of developmental disabilities, and the	2190
counsel for the defendant written notice of the date, time, and	2191
place of the hearing. At the hearing, the trial court shall	2192
consider the citation issued by the individual who conducted the	2193
survey for the department of health to be prima-facie evidence of	2194
the fact that the defendant's commitment to the particular	2195
facility was inappropriate under the certification requirements of	2196
the medicaid program under Chapter 5111. of the Revised Code and	2197
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	2198
U.S.C.A. 301, as amended, and potentially jeopardizes the	2199
particular facility's continued receipt of federal medicaid	2200
moneys. At the conclusion of the hearing, the trial court may	2201
approve or disapprove the defendant's removal and alternative	2202
placement. If the trial court approves the defendant's removal and	2203
alternative placement, the department of developmental	2204
disabilities may continue the defendant's alternative placement.	2205
If the trial court disapproves the defendant's removal and	2206
alternative placement, it shall enter an order modifying the	2207
defendant's removal and alternative placement, but that order	2208
shall not require the department of developmental disabilities to	2209
replace the defendant for purposes of continued residential	2210
habilitation, care, and treatment in the facility associated with	2211
the citation issued by the individual who conducted the survey for	2212
the department of health.	2213

(E) In making a determination under this section regarding	2214
nonsecured status or termination of commitment, the trial court	2215
shall consider all relevant factors, including, but not limited	2216
to, all of the following:	2217

(1) Whether, in the trial court's view, the defendant or	2218
person currently represents a substantial risk of physical harm to	2219
the defendant or person or others;	2220

(2) Psychiatric and medical testimony as to the current	2221
mental and physical condition of the defendant or person;	2222

(3) Whether the defendant or person has insight into the	2223
dependant'sdefendant's or person's condition so that the	2224
defendant or person will continue treatment as prescribed or seek	2225
professional assistance as needed;	2226

(4) The grounds upon which the state relies for the proposed	2227
commitment;	2228

(5) Any past history that is relevant to establish the	2229
defendant's or person's degree of conformity to the laws, rules,	2230
regulations, and values of society;	2231

(6) If there is evidence that the defendant's or person's	2232
mental illness is in a state of remission, the medically suggested	2233
cause and degree of the remission and the probability that the	2234
defendant or person will continue treatment to maintain the	2235
remissive state of the defendant's or person's illness should the	2236
defendant's or person's commitment conditions be altered.	2237

(F) At any hearing held pursuant to division (C) or (D)(1) or	2238
(2) of this section, the defendant or the person shall have all	2239
the rights of a defendant or person at a commitment hearing as	2240
described in section 2945.40 of the Revised Code.	2241

(G) In a hearing held pursuant to division (C) or (D)(1) of	2242
this section, the prosecutor has the burden of proof as follows:	2243

(1) For a recommendation of termination of commitment, to	2244
show by clear and convincing evidence that the defendant or person	2245
remains a mentally ill person subject to hospitalization by court	2246
order or a mentally retarded person subject to	2247
institutionalization by court order;	2248

(2) For a recommendation for a change in the conditions of	2249
the commitment to a less restrictive status, to show by clear and	2250
convincing evidence that the proposed change represents a threat	2251
to public safety or a threat to the safety of any person.	2252

(H) In a hearing held pursuant to division (C) or (D)(1) or	2253
(2) of this section, the prosecutor shall represent the state or	2254
the public interest.	2255

(I) At the conclusion of a hearing conducted under division	2256
(D)(1) of this section regarding a recommendation from the	2257
designee of the department of mental health, managing officer of	2258
the institution, or director of a facility, the trial court may	2259
approve, disapprove, or modify the recommendation and shall enter	2260
an order accordingly.	2261

(J)(1) A defendant or person who has been committed pursuant	2262
to section 2945.39 or 2945.40 of the Revised Code continues to be	2263
under the jurisdiction of the trial court until the final	2264
termination of the commitment. For purposes of division (J) of	2265
this section, the final termination of a commitment occurs upon	2266
the earlier of one of the following:	2267

(a) The defendant or person no longer is a mentally ill	2268
person subject to hospitalization by court order or a mentally	2269
retarded person subject to institutionalization by court order, as	2270
determined by the trial court;	2271

(b) The expiration of the maximum prison term or term of	2272
imprisonment that the defendant or person could have received if	2273
the defendant or person had been convicted of the most serious	2274
offense with which the defendant or person is charged or in	2275
relation to which the defendant or person was found not guilty by	2276
reason of insanity;	2277

(c) The trial court enters an order terminating the	2278
commitment under the circumstances described in division	2279
(J)(2)(a)(ii) of this section.	2280

(2)(a) If a defendant is found incompetent to stand trial and	2281
committed pursuant to section 2945.39 of the Revised Code, if	2282
neither of the circumstances described in divisions (J)(1)(a) and	2283
(b) of this section applies to that defendant, and if a report	2284
filed with the trial court pursuant to division (C) of this	2285
section indicates that the defendant presently is competent to	2286
stand trial or if, at any other time during the period of the	2287
defendant's commitment, the prosecutor, the counsel for the	2288
defendant, or the designee of the department of mental health or	2289
the managing officer of the institution or director of the	2290
facility to which the defendant is committed files an application	2291
with the trial court alleging that the defendant presently is	2292
competent to stand trial and requesting a hearing on the	2293
competency issue or the trial court otherwise has reasonable cause	2294
to believe that the defendant presently is competent to stand	2295
trial and determines on its own motion to hold a hearing on the	2296
competency issue, the trial court shall schedule a hearing on the	2297
competency of the defendant to stand trial, shall give the	2298
prosecutor, the counsel for the defendant, and the department's	2299
designee or the managing officer of the institution or the	2300
director of the facility to which the defendant is committed	2301
notice of the date, time, and place of the hearing at least	2302
fifteen days before the hearing, and shall conduct the hearing	2303
within thirty days of the filing of the application or of its own	2304
motion. If, at the conclusion of the hearing, the trial court	2305
determines that the defendant presently is capable of	2306
understanding the nature and objective of the proceedings against	2307
the defendant and of assisting in the defendant's defense, the	2308
trial court shall order that the defendant is competent to stand	2309
trial and shall be proceeded against as provided by law with	2310
respect to the applicable offenses described in division (C)(1) of	2311
section 2945.38 of the Revised Code and shall enter whichever of	2312
the following additional orders is appropriate:	2313

(i) If the trial court determines that the defendant remains	2314
a mentally ill person subject to hospitalization by court order or	2315
a mentally retarded person subject to institutionalization by	2316
court order, the trial court shall order that the defendant's	2317
commitment to the department of mental health or to an institution	2318
or facility for the treatment of developmental disabilities be	2319
continued during the pendency of the trial on the applicable	2320
offenses described in division (C)(1) of section 2945.38 of the	2321
Revised Code.	2322

(ii) If the trial court determines that the defendant no	2323
longer is a mentally ill person subject to hospitalization by	2324
court order or a mentally retarded person subject to	2325
institutionalization by court order, the trial court shall order	2326
that the defendant's commitment to the department of mental health	2327
or to an institution or facility for the treatment of	2328
developmental disabilities shall not be continued during the	2329
pendency of the trial on the applicable offenses described in	2330
division (C)(1) of section 2945.38 of the Revised Code. This order	2331
shall be a final termination of the commitment for purposes of	2332
division (J)(1)(c) of this section.	2333

(b) If, at the conclusion of the hearing described in	2334
division (J)(2)(a) of this section, the trial court determines	2335
that the defendant remains incapable of understanding the nature	2336
and objective of the proceedings against the defendant or of	2337
assisting in the defendant's defense, the trial court shall order	2338
that the defendant continues to be incompetent to stand trial,	2339
that the defendant's commitment to the department of mental health	2340
or to an institution or facility for the treatment of	2341
developmental disabilities shall be continued, and that the	2342
defendant remains subject to the jurisdiction of the trial court	2343
pursuant to that commitment, and to the provisions of this	2344
section, until the final termination of the commitment as	2345
described in division (J)(1) of this section.	2346

Sec. 2967.22.  Whenever it is brought to the attention of the	2347
adult parole authority or a department of probation that a	2348
parolee, person under a community control sanction, person under	2349
transitional control, or releasee appears to be a mentally ill	2350
person subject to hospitalization by court order, as defined in	2351
section 5122.01 of the Revised Code, or a mentally retarded person	2352
subject to institutionalization by court order, as defined in	2353
section 5123.01 of the Revised Code, the parole or probation	2354
officer, subject to the approval of the chief of the adult parole	2355
authority, the designee of the chief of the adult parole	2356
authority, or the chief probation officer, may file an affidavit	2357
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	2358
person under a community control sanction, or releasee who is	2359
involuntarily detained under Chapter 5122. or 5123. of the Revised	2360
Code shall receive credit against the period of parole or	2361
community control or the term of post-release control for the	2362
period of involuntary detention.	2363

If a parolee, person under a community control sanction,	2364
person under transitional control, or releasee escapes from an	2365
institution or facility within the department of mental health or	2366
the department of developmental disabilities, the superintendent	2367
of the institution immediately shall notify the chief of the adult	2368
parole authority or the chief probation officer. Notwithstanding	2369
the provisions of section 5122.26 of the Revised Code, the	2370
procedure for the apprehension, detention, and return of the	2371
parolee, person under a community control sanction, person under	2372
transitional control, or releasee is the same as that provided for	2373
the apprehension, detention, and return of persons who escape from	2374
institutions operated by the department of rehabilitation and	2375
correction. If the escaped parolee, person under transitional	2376
control, or releasee is not apprehended and returned to the	2377
custody of the department of mental health or the department of	2378
developmental disabilities within ninety days after the escape,	2379
the parolee, person under transitional control, or releasee shall	2380
be discharged from the custody of the department of mental health	2381
or the department of developmental disabilities and returned to	2382
the custody of the department of rehabilitation and correction. If	2383
the escaped person under a community control sanction is not	2384
apprehended and returned to the custody of the department of	2385
mental health or the department of developmental disabilities	2386
within ninety days after the escape, the person under a community	2387
control sanction shall be discharged from the custody of the	2388
department of mental health or the department of developmental	2389
disabilities and returned to the custody of the court that	2390
sentenced that person.	2391

Sec. 5119.23.  The department of mental health may examine	2392
into, with or without expert assistance, the question of the	2393
mental and physical condition of any person committed to or	2394
involuntarily confined in any hospital for the mentally ill, or	2395
restrained of his liberty at any place within this state by reason	2396
of alleged mental illness and may order and compel the discharge	2397
of any such person who is not a mentally ill person subject to	2398
hospitalization by court order as defined in division (B) of	2399
section 5122.01 of the Revised Code and direct what disposition	2400
shall be made of himthe person. The order of discharge shall be	2401
signed by the director of mental health. Upon receipt of such	2402
order by the superintendent or other person in charge of the	2403
building in which the person named in such order is confined, such	2404
person shall forthwith be discharged or otherwise disposed of	2405
according to the terms of said order, and any further or other	2406
detention of such person is unlawful. No such order shall be made	2407
in favor of any person committed and held for trial on a criminal	2408
charge, in confinement by an order of a judge or court made in a	2409
criminal proceeding, or in any case unless notice is given to the	2410
superintendent or other person having charge of the building in	2411
which the alleged mentally ill person is detained, and a	2412
reasonable opportunity is allowed the person in charge to justify	2413
further detention of the person confined.	2414

Sec. 5120.17.  (A) As used in this section:

2415

(1) "Mental illness" means a substantial disorder of thought,	2416
mood, perception, orientation, or memory that grossly impairs	2417
judgment, behavior, capacity to recognize reality, or ability to	2418
meet the ordinary demands of life.	2419

(2) "Mentally ill person subject to hospitalization" means a	2420
mentally ill person to whom any of the following applies because	2421
of the person's mental illness:	2422

(a) The person represents a substantial risk of physical harm	2423
to the person as manifested by evidence of threats of, or attempts	2424
at, suicide or serious self-inflicted bodily harm.	2425

(b) The person represents a substantial risk of physical harm	2426
to others as manifested by evidence of recent homicidal or other	2427
violent behavior, evidence of recent threats that place another in	2428
reasonable fear of violent behavior and serious physical harm, or	2429
other evidence of present dangerousness.	2430

(c) The person represents a substantial and immediate risk of	2431
serious physical impairment or injury to the person as manifested	2432
by evidence that the person is unable to provide for and is not	2433
providing for the person's basic physical needs because of the	2434
person's mental illness and that appropriate provision for those	2435
needs cannot be made immediately available in the correctional	2436
institution in which the inmate is currently housed.	2437

(d) The person would benefit from treatment in a hospital for	2438
the person's mental illness and is in need of treatment in a	2439
hospital as manifested by evidence of behavior that creates a	2440
grave and imminent risk to substantial rights of others or the	2441
person.	2442

(3) "Psychiatric hospital" means all or part of a facility	2443
that is operated and managed by the department of mental health to	2444
provide psychiatric hospitalization services in accordance with	2445
the requirements of this section pursuant to an agreement between	2446
the directors of rehabilitation and correction and mental health	2447
or, is licensed by the department of mental health pursuant to	2448
section 5119.20 of the Revised Code as a psychiatric hospital and	2449
is accredited by a healthcare accrediting organization approved by	2450
the department of mental health and the psychiatric hospital is	2451
any of the following:	2452

(a) Operated and managed by the department of rehabilitation	2453
and correction within a facility that is operated by the	2454
department of rehabilitation and correction;	2455

(b) Operated and managed by a contractor for the department	2456
of rehabilitation and correction within a facility that is	2457
operated by the department of rehabilitation and correction;	2458

(c) Operated and managed in the community by an entity that	2459
has contracted with the department of rehabilitation and	2460
correction to provide psychiatric hospitalization services in	2461
accordance with the requirements of this section.	2462

(4) "Inmate patient" means an inmate who is admitted to a	2463
psychiatric hospital.	2464

(5) "Admitted" to a psychiatric hospital means being accepted	2465
for and staying at least one night at the psychiatric hospital.	2466

(6) "Treatment plan" means a written statement of reasonable	2467
objectives and goals for an inmate patient that is based on the	2468
needs of the inmate patient and that is established by the	2469
treatment team, with the active participation of the inmate	2470
patient and with documentation of that participation. "Treatment	2471
plan" includes all of the following:	2472

(a) The specific criteria to be used in evaluating progress	2473
toward achieving the objectives and goals;	2474

(b) The services to be provided to the inmate patient during	2475
the inmate patient's hospitalization;	2476

(c) The services to be provided to the inmate patient after	2477
discharge from the hospital, including, but not limited to,	2478
housing and mental health services provided at the state	2479
correctional institution to which the inmate patient returns after	2480
discharge or community mental health services.	2481

(7) "Mentally retarded person subject to institutionalization	2482
by court order" has the same meaning as in section 5123.01 of the	2483
Revised Code.	2484

(8) "Emergency transfer" means the transfer of a mentally ill	2485
inmate to a psychiatric hospital when the inmate presents an	2486
immediate danger to self or others and requires hospital-level	2487
care.	2488

(9) "Uncontested transfer" means the transfer of a mentally	2489
ill inmate to a psychiatric hospital when the inmate has the	2490
mental capacity to, and has waived, the hearing required by	2491
division (B) of this section.	2492

(10)(a) "Independent decision-maker" means a person who is	2493
employed or retained by the department of rehabilitation and	2494
correction and is appointed by the chief or chief clinical officer	2495
of mental health services as a hospitalization hearing officer to	2496
conduct due process hearings.	2497

(b) An independent decision-maker who presides over any	2498
hearing or issues any order pursuant to this section shall be a	2499
psychiatrist, psychologist, or attorney, shall not be specifically	2500
associated with the institution in which the inmate who is the	2501
subject of the hearing or order resides at the time of the hearing	2502
or order, and previously shall not have had any treatment	2503
relationship with nor have represented in any legal proceeding the	2504
inmate who is the subject of the order.	2505

(B)(1) Except as provided in division (C) of this section, if	2506
the warden of a state correctional institution or the warden's	2507
designee believes that an inmate should be transferred from the	2508
institution to a psychiatric hospital, the department shall hold a	2509
hearing to determine whether the inmate is a mentally ill person	2510
subject to hospitalization. The department shall conduct the	2511
hearing at the state correctional institution in which the inmate	2512
is confined, and the department shall provide qualified	2513
independent assistance to the inmate for the hearing. An	2514
independent decision-maker provided by the department shall	2515
preside at the hearing and determine whether the inmate is a	2516
mentally ill person subject to hospitalization.	2517

(2) Except as provided in division (C) of this section, prior	2518
to the hearing held pursuant to division (B)(1) of this section,	2519
the warden or the warden's designee shall give written notice to	2520
the inmate that the department is considering transferring the	2521
inmate to a psychiatric hospital, that it will hold a hearing on	2522
the proposed transfer at which the inmate may be present, that at	2523
the hearing the inmate has the rights described in division (B)(3)	2524
of this section, and that the department will provide qualified	2525
independent assistance to the inmate with respect to the hearing.	2526
The department shall not hold the hearing until the inmate has	2527
received written notice of the proposed transfer and has had	2528
sufficient time to consult with the person appointed by the	2529
department to provide assistance to the inmate and to prepare for	2530
a presentation at the hearing.	2531

(3) At the hearing held pursuant to division (B)(1) of this	2532
section, the department shall disclose to the inmate the evidence	2533
that it relies upon for the transfer and shall give the inmate an	2534
opportunity to be heard. Unless the independent decision-maker	2535
finds good cause for not permitting it, the inmate may present	2536
documentary evidence and the testimony of witnesses at the hearing	2537
and may confront and cross-examine witnesses called by the	2538
department.	2539

(4) If the independent decision-maker does not find clear and	2540
convincing evidence that the inmate is a mentally ill person	2541
subject to hospitalization, the department shall not transfer the	2542
inmate to a psychiatric hospital but shall continue to confine the	2543
inmate in the same state correctional institution or in another	2544
state correctional institution that the department considers	2545
appropriate. If the independent decision-maker finds clear and	2546
convincing evidence that the inmate is a mentally ill person	2547
subject to hospitalization, the decision-maker shall order that	2548
the inmate be transported to a psychiatric hospital for	2549
observation and treatment for a period of not longer than thirty	2550
days. After the hearing, the independent decision-maker shall	2551
submit to the department a written decision that states one of the	2552
findings described in division (B)(4) of this section, the	2553
evidence that the decision-maker relied on in reaching that	2554
conclusion, and, if the decision is that the inmate should be	2555
transferred, the reasons for the transfer.	2556

(C)(1) The department may transfer an inmate to a psychiatric	2557
hospital under an emergency transfer order if the chief clinical	2558
officer of mental health services of the department or that	2559
officer's designee and either a psychiatrist employed or retained	2560
by the department or, in the absence of a psychiatrist, a	2561
psychologist employed or retained by the department determines	2562
that the inmate is mentally ill, presents an immediate danger to	2563
self or others, and requires hospital-level care.	2564

(2) The department may transfer an inmate to a psychiatric	2565
hospital under an uncontested transfer order if both of the	2566
following apply:	2567

(a) A psychiatrist employed or retained by the department	2568
determines all of the following apply:	2569

(i) The inmate has a mental illness or is a mentally ill	2570
person subject to hospitalization.	2571

(ii) The inmate requires hospital care to address the mental	2572
illness.	2573

(iii) The inmate has the mental capacity to make a reasoned	2574
choice regarding the inmate's transfer to a hospital.	2575

(b) The inmate agrees to a transfer to a hospital.

2576

(3) The written notice and the hearing required under	2577
divisions (B)(1) and (2) of this section are not required for an	2578
emergency transfer or uncontested transfer under division (C)(1)	2579
or (2) of this section.	2580

(4) After an emergency transfer under division (C)(1) of this	2581
section, the department shall hold a hearing for continued	2582
hospitalization within five working days after admission of the	2583
transferred inmate to the psychiatric hospital. The department	2584
shall hold subsequent hearings pursuant to division (F) of this	2585
section at the same intervals as required for inmate patients who	2586
are transported to a psychiatric hospital under division (B)(4) of	2587
this section.	2588

(5) After an uncontested transfer under division (C)(2) of	2589
this section, the inmate may withdraw consent to the transfer in	2590
writing at any time. Upon the inmate's withdrawal of consent, the	2591
hospital shall discharge the inmate, or, within five working days,	2592
the department shall hold a hearing for continued hospitalization.	2593
The department shall hold subsequent hearings pursuant to division	2594
(F) of this section at the same time intervals as required for	2595
inmate patients who are transported to a psychiatric hospital	2596
under division (B)(4) of this section.	2597

(D)(1) If an independent decision-maker, pursuant to division	2598
(B)(4) of this section, orders an inmate transported to a	2599
psychiatric hospital or if an inmate is transferred pursuant to	2600
division (C)(1) or (2) of this section, the staff of the	2601
psychiatric hospital shall examine the inmate patient when	2602
admitted to the psychiatric hospital as soon as practicable after	2603
the inmate patient arrives at the hospital and no later than	2604
twenty-four hours after the time of arrival. The attending	2605
physician responsible for the inmate patient's care shall give the	2606
inmate patient all information necessary to enable the patient to	2607
give a fully informed, intelligent, and knowing consent to the	2608
treatment the inmate patient will receive in the hospital. The	2609
attending physician shall tell the inmate patient the expected	2610
physical and medical consequences of any proposed treatment and	2611
shall give the inmate patient the opportunity to consult with	2612
another psychiatrist at the hospital and with the inmate advisor.	2613

(2) No inmate patient who is transported or transferred	2614
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	2615
psychiatric hospital within a facility that is operated by the	2616
department of rehabilitation and correction shall be subjected to	2617
any of the following procedures:	2618

(a) Convulsive therapy;

2619

(b) Major aversive interventions;

2620

(c) Any unusually hazardous treatment procedures;

2621

(d) Psychosurgery.

2622

(E) The department of rehabilitation and correction shall	2623
ensure that an inmate patient hospitalized pursuant to this	2624
section receives or has all of the following:	2625

(1) Receives sufficient professional care within twenty days	2626
of admission to ensure that an evaluation of the inmate patient's	2627
current status, differential diagnosis, probable prognosis, and	2628
description of the current treatment plan have been formulated and	2629
are stated on the inmate patient's official chart;	2630

(2) Has a written treatment plan consistent with the	2631
evaluation, diagnosis, prognosis, and goals of treatment;	2632

(3) Receives treatment consistent with the treatment plan;

2633

(4) Receives periodic reevaluations of the treatment plan by	2634
the professional staff at intervals not to exceed thirty days;	2635

(5) Is provided with adequate medical treatment for physical	2636
disease or injury;	2637

(6) Receives humane care and treatment, including, without	2638
being limited to, the following:	2639

(a) Access to the facilities and personnel required by the	2640
treatment plan;	2641

(b) A humane psychological and physical environment;

2642

(c) The right to obtain current information concerning the	2643
treatment program, the expected outcomes of treatment, and the	2644
expectations for the inmate patient's participation in the	2645
treatment program in terms that the inmate patient reasonably can	2646
understand;	2647

(d) Opportunity for participation in programs designed to	2648
help the inmate patient acquire the skills needed to work toward	2649
discharge from the psychiatric hospital;	2650

(e) The right to be free from unnecessary or excessive	2651
medication and from unnecessary restraints or isolation;	2652

(f) All other rights afforded inmates in the custody of the	2653
department consistent with rules, policy, and procedure of the	2654
department.	2655

(F) The department shall hold a hearing for the continued	2656
hospitalization of an inmate patient who is transported or	2657
transferred to a psychiatric hospital pursuant to division (B)(4)	2658
or (C)(1) of this section prior to the expiration of the initial	2659
thirty-day period of hospitalization. The department shall hold	2660
any subsequent hearings, if necessary, not later than ninety days	2661
after the first thirty-day hearing and then not later than each	2662
one hundred and eighty days after the immediately prior hearing.	2663
An independent decision-maker shall conduct the hearings at the	2664
psychiatric hospital in which the inmate patient is confined. The	2665
inmate patient shall be afforded all of the rights set forth in	2666
this section for the hearing prior to transfer to the psychiatric	2667
hospital. The department may not waive a hearing for continued	2668
commitment. A hearing for continued commitment is mandatory for an	2669
inmate patient transported or transferred to a psychiatric	2670
hospital pursuant to division (B)(4) or (C)(1) of this section	2671
unless the inmate patient has the capacity to make a reasoned	2672
choice to execute a waiver and waives the hearing in writing. An	2673
inmate patient who is transferred to a psychiatric hospital	2674
pursuant to an uncontested transfer under division (C)(2) of this	2675
section and who has scheduled hearings after withdrawal of consent	2676
for hospitalization may waive any of the scheduled hearings if the	2677
inmate has the capacity to make a reasoned choice and executes a	2678
written waiver of the hearing.	2679

If upon completion of the hearing the independent	2680
decision-maker does not find by clear and convincing evidence that	2681
the inmate patient is a mentally ill person subject to	2682
hospitalization, the independent decision-maker shall order the	2683
inmate patient's discharge from the psychiatric hospital. If the	2684
independent decision-maker finds by clear and convincing evidence	2685
that the inmate patient is a mentally ill person subject to	2686
hospitalization, the independent decision-maker shall order that	2687
the inmate patient remain at the psychiatric hospital for	2688
continued hospitalization until the next required hearing.	2689

If at any time prior to the next required hearing for	2690
continued hospitalization, the medical director of the hospital or	2691
the attending physician determines that the treatment needs of the	2692
inmate patient could be met equally well in an available and	2693
appropriate less restrictive state correctional institution or	2694
unit, the medical director or attending physician may discharge	2695
the inmate to that facility.	2696

(G) An inmate patient is entitled to the credits toward the	2697
reduction of the inmate patient's stated prison term pursuant to	2698
Chapters 2967. and 5120. of the Revised Code under the same terms	2699
and conditions as if the inmate patient were in any other	2700
institution of the department of rehabilitation and correction.	2701

(H) The adult parole authority may place an inmate patient on	2702
parole or under post-release control directly from a psychiatric	2703
hospital.	2704

(I) If an inmate patient who is a mentally ill person subject	2705
to hospitalization is to be released from a psychiatric hospital	2706
because of the expiration of the inmate patient's stated prison	2707
term, the director of rehabilitation and correction or the	2708
director's designee, at least fourteen days before the expiration	2709
date, may file an affidavit under section 5122.11 or 5123.71 of	2710
the Revised Code with the probate court in the county where the	2711
psychiatric hospital is located or the probate court in the county	2712
where the inmate will reside, alleging that the inmate patient is	2713
a mentally ill person subject to hospitalization by court order or	2714
a mentally retarded person subject to institutionalization by	2715
court order, whichever is applicable. The proceedings in the	2716
probate court shall be conducted pursuant to Chapter 5122. or	2717
5123. of the Revised Code except as modified by this division.	2718

Upon the request of the inmate patient, the probate court	2719
shall grant the inmate patient an initial hearing under section	2720
5122.141 of the Revised Code or a probable cause hearing under	2721
section 5123.75 of the Revised Code before the expiration of the	2722
stated prison term. After holding a full hearing, the probate	2723
court shall make a disposition authorized by section 5122.15 or	2724
5123.76 of the Revised Code before the date of the expiration of	2725
the stated prison term. No inmate patient shall be held in the	2726
custody of the department of rehabilitation and correction past	2727
the date of the expiration of the inmate patient's stated prison	2728
term.	2729

(J) The department of rehabilitation and correction shall set	2730
standards for treatment provided to inmate patients.	2731

(K) A certificate, application, record, or report that is	2732
made in compliance with this section and that directly or	2733
indirectly identifies an inmate or former inmate whose	2734
hospitalization has been sought under this section is	2735
confidential. No person shall disclose the contents of any	2736
certificate, application, record, or report of that nature or any	2737
other psychiatric or medical record or report regarding a mentally	2738
ill inmate unless one of the following applies:	2739

(1) The person identified, or the person's legal guardian, if	2740
any, consents to disclosure, and the chief clinical officer or	2741
designee of mental health services of the department of	2742
rehabilitation and correction determines that disclosure is in the	2743
best interests of the person.	2744

(2) Disclosure is required by a court order signed by a	2745
judge.	2746

(3) An inmate patient seeks access to the inmate patient's	2747
own psychiatric and medical records, unless access is specifically	2748
restricted in the treatment plan for clear treatment reasons.	2749

(4) Hospitals and other institutions and facilities within	2750
the department of rehabilitation and correction may exchange	2751
psychiatric records and other pertinent information with other	2752
hospitals, institutions, and facilities of the department, but the	2753
information that may be released about an inmate patient is	2754
limited to medication history, physical health status and history,	2755
summary of course of treatment in the hospital, summary of	2756
treatment needs, and a discharge summary, if any.	2757

(5) An inmate patient's family member who is involved in	2758
planning, providing, and monitoring services to the inmate patient	2759
may receive medication information, a summary of the inmate	2760
patient's diagnosis and prognosis, and a list of the services and	2761
personnel available to assist the inmate patient and family if the	2762
attending physician determines that disclosure would be in the	2763
best interest of the inmate patient. No disclosure shall be made	2764
under this division unless the inmate patient is notified of the	2765
possible disclosure, receives the information to be disclosed, and	2766
does not object to the disclosure.	2767

(6) The department of rehabilitation and correction may	2768
exchange psychiatric hospitalization records, other mental health	2769
treatment records, and other pertinent information with county	2770
sheriffs' offices, hospitals, institutions, and facilities of the	2771
department of mental health and with community mental health	2772
agencies and boards of alcohol, drug addiction, and mental health	2773
services with which the department of mental health has a current	2774
agreement for patient care or services to ensure continuity of	2775
care. Disclosure under this division is limited to records	2776
regarding a mentally ill inmate's medication history, physical	2777
health status and history, summary of course of treatment, summary	2778
of treatment needs, and a discharge summary, if any. No office,	2779
department, agency, or board shall disclose the records and other	2780
information unless one of the following applies:	2781

(a) The mentally ill inmate is notified of the possible	2782
disclosure and consents to the disclosure.	2783

(b) The mentally ill inmate is notified of the possible	2784
disclosure, an attempt to gain the consent of the inmate is made,	2785
and the office, department, agency, or board documents the attempt	2786
to gain consent, the inmate's objections, if any, and the reasons	2787
for disclosure in spite of the inmate's objections.	2788

(7) Information may be disclosed to staff members designated	2789
by the director of rehabilitation and correction for the purpose	2790
of evaluating the quality, effectiveness, and efficiency of	2791
services and determining if the services meet minimum standards.	2792

The name of an inmate patient shall not be retained with the	2793
information obtained during the evaluations.	2794

(L) The director of rehabilitation and correction may adopt	2795
rules setting forth guidelines for the procedures required under	2796
divisions (B), (C)(1), and (C)(2) of this section.	2797

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	2798
the Revised Code:	2799

(A) "Mental illness" means a substantial disorder of thought,	2800
mood, perception, orientation, or memory that grossly impairs	2801
judgment, behavior, capacity to recognize reality, or ability to	2802
meet the ordinary demands of life.	2803

(B) "Mentally ill person subject to hospitalization by court	2804
order" means a mentally ill person who, because of the person's	2805
illness:	2806

(1) Represents a substantial risk of physical harm to self as	2807
manifested by evidence of threats of, or attempts at, suicide or	2808
serious self-inflicted bodily harm;	2809

(2) Represents a substantial risk of physical harm to others	2810
as manifested by evidence of recent homicidal or other violent	2811
behavior, evidence of recent threats that place another in	2812
reasonable fear of violent behavior and serious physical harm, or	2813
other evidence of present dangerousness;	2814

(3) Represents a substantial and immediate risk of serious	2815
physical impairment or injury to self as manifested by evidence	2816
that the person is unable to provide for and is not providing for	2817
the person's basic physical needs because of the person's mental	2818
illness and that appropriate provision for those needs cannot be	2819
made immediately available in the community; or	2820

(4) Would benefit from treatment in a hospital for the	2821
person's mental illness and is in need of such treatment as	2822
manifested by evidence of behavior that creates a grave and	2823
imminent risk to substantial rights of others or the persondue to	2824
all of the following:	2825

(a) The person is unlikely to voluntarily participate in	2826
treatment.	2827

(b) The person has demonstrated difficulty in adhering to	2828
prescribed treatment.	2829

(c) The likelihood that, if the person is not treated, the	2830
person's current condition will deteriorate to the point that the	2831
person will meet the criterion in division (B)(1), (2), or (3) of	2832
this section.	2833

(C)(1) "Patient" means, subject to division (C)(2) of this	2834
section, a person who is admitted either voluntarily or	2835
involuntarily to a hospital or other place under section 2945.39,	2836
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	2837
finding of not guilty by reason of insanity or incompetence to	2838
stand trial or under this chapter, who is under observation or	2839
receiving treatment in such place.	2840

(2) "Patient" does not include a person admitted to a	2841
hospital or other place under section 2945.39, 2945.40, 2945.401,	2842
or 2945.402 of the Revised Code to the extent that the reference	2843
in this chapter to patient, or the context in which the reference	2844
occurs, is in conflict with any provision of sections 2945.37 to	2845
2945.402 of the Revised Code.	2846

(D) "Licensed physician" means a person licensed under the	2847
laws of this state to practice medicine or a medical officer of	2848
the government of the United States while in this state in the	2849
performance of the person's official duties.	2850

(E) "Psychiatrist" means a licensed physician who has	2851
satisfactorily completed a residency training program in	2852
psychiatry, as approved by the residency review committee of the	2853
American medical association, the committee on post-graduate	2854
education of the American osteopathic association, or the American	2855
osteopathic board of neurology and psychiatry, or who on July 1,	2856
1989, has been recognized as a psychiatrist by the Ohio state	2857
medical association or the Ohio osteopathic association on the	2858
basis of formal training and five or more years of medical	2859
practice limited to psychiatry.	2860

(F) "Hospital" means a hospital or inpatient unit licensed by	2861
the department of mental health under section 5119.20 of the	2862
Revised Code, and any institution, hospital, or other place	2863
established, controlled, or supervised by the department under	2864
Chapter 5119. of the Revised Code.	2865

(G) "Public hospital" means a facility that is tax-supported	2866
and under the jurisdiction of the department of mental health.	2867

(H) "Community mental health agency" means an agency that	2868
provides community mental health services that are certified by	2869
the director of mental health under section 5119.611 of the	2870
Revised Code.	2871

(I) "Licensed clinical psychologist" means a person who holds	2872
a current valid psychologist license issued under section 4732.12	2873
or 4732.15 of the Revised Code, and in addition, meets either of	2874
the following criteria:	2875

(1) Meets the educational requirements set forth in division	2876
(B) of section 4732.10 of the Revised Code and has a minimum of	2877
two years' full-time professional experience, or the equivalent as	2878
determined by rule of the state board of psychology, at least one	2879
year of which shall be a predoctoral internship, in clinical	2880
psychological work in a public or private hospital or clinic or in	2881
private practice, diagnosing and treating problems of mental	2882
illness or mental retardation under the supervision of a	2883
psychologist who is licensed or who holds a diploma issued by the	2884
American board of professional psychology, or whose qualifications	2885
are substantially similar to those required for licensure by the	2886
state board of psychology when the supervision has occurred prior	2887
to enactment of laws governing the practice of psychology;	2888

(2) Meets the educational requirements set forth in division	2889
(B) of section 4732.15 of the Revised Code and has a minimum of	2890
four years' full-time professional experience, or the equivalent	2891
as determined by rule of the state board of psychology, in	2892
clinical psychological work in a public or private hospital or	2893
clinic or in private practice, diagnosing and treating problems of	2894
mental illness or mental retardation under supervision, as set	2895
forth in division (I)(1) of this section.	2896

(J) "Health officer" means any public health physician;	2897
public health nurse; or other person authorized by or designated	2898
by a city health district; a general health district; or a board	2899
of alcohol, drug addiction, and mental health services to perform	2900
the duties of a health officer under this chapter.	2901

(K) "Chief clinical officer" means the medical director of a	2902
hospital, or a community mental health agency, or a board of	2903
alcohol, drug addiction, and mental health services, or, if there	2904
is no medical director, the licensed physician responsible for the	2905
treatment a hospital or community mental health agency provides.	2906
The chief clinical officer may delegate to the attending physician	2907
responsible for a patient's care the duties imposed on the chief	2908
clinical officer by this chapter. Within a community mental health	2909
agency, the chief clinical officer shall be designated by the	2910
governing body of the agency and shall be a licensed physician or	2911
licensed clinical psychologist who supervises diagnostic and	2912
treatment services. A licensed physician or licensed clinical	2913
psychologist designated by the chief clinical officer may perform	2914
the duties and accept the responsibilities of the chief clinical	2915
officer in the chief clinical officer's absence.	2916

(L) "Working day" or "court day" means Monday, Tuesday,	2917
Wednesday, Thursday, and Friday, except when such day is a	2918
holiday.	2919

(M) "Indigent" means unable without deprivation of	2920
satisfaction of basic needs to provide for the payment of an	2921
attorney and other necessary expenses of legal representation,	2922
including expert testimony.	2923

(N) "Respondent" means the person whose detention,	2924
commitment, hospitalization, continued hospitalization or	2925
commitment, or discharge is being sought in any proceeding under	2926
this chapter.	2927

(O) "Legal rights service" means the service established	2928
under section 5123.60 of the Revised Code.	2929

(P) "Independent expert evaluation" means an evaluation	2930
conducted by a licensed clinical psychologist, psychiatrist, or	2931
licensed physician who has been selected by the respondent or the	2932
respondent's counsel and who consents to conducting the	2933
evaluation.	2934

(Q) "Court" means the probate division of the court of common	2935
pleas.	2936

(R) "Expunge" means:

2937

(1) The removal and destruction of court files and records,	2938
originals and copies, and the deletion of all index references;	2939

(2) The reporting to the person of the nature and extent of	2940
any information about the person transmitted to any other person	2941
by the court;	2942

(3) Otherwise insuring that any examination of court files	2943
and records in question shall show no record whatever with respect	2944
to the person;	2945

(4) That all rights and privileges are restored, and that the	2946
person, the court, and any other person may properly reply that no	2947
such record exists, as to any matter expunged.	2948

(S) "Residence" means a person's physical presence in a	2949
county with intent to remain there, except that:	2950

(1) If a person is receiving a mental health service at a	2951
facility that includes nighttime sleeping accommodations,	2952
residence means that county in which the person maintained the	2953
person's primary place of residence at the time the person entered	2954
the facility;	2955

(2) If a person is committed pursuant to section 2945.38,	2956
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	2957
residence means the county where the criminal charges were filed.	2958

When the residence of a person is disputed, the matter of	2959
residence shall be referred to the department of mental health for	2960
investigation and determination. Residence shall not be a basis	2961
for a board's denying services to any person present in the	2962
board's service district, and the board shall provide services for	2963
a person whose residence is in dispute while residence is being	2964
determined and for a person in an emergency situation.	2965

(T) "Admission" to a hospital or other place means that a	2966
patient is accepted for and stays at least one night at the	2967
hospital or other place.	2968

(U) "Prosecutor" means the prosecuting attorney, village	2969
solicitor, city director of law, or similar chief legal officer	2970
who prosecuted a criminal case in which a person was found not	2971
guilty by reason of insanity, who would have had the authority to	2972
prosecute a criminal case against a person if the person had not	2973
been found incompetent to stand trial, or who prosecuted a case in	2974
which a person was found guilty.	2975

(V) "Treatment plan" means a written statement of reasonable	2976
objectives and goals for an individual established by the	2977
treatment team, with specific criteria to evaluate progress	2978
towards achieving those objectives. The active participation of	2979
the patient in establishing the objectives and goals shall be	2980
documented. The treatment plan shall be based on patient needs and	2981
include services to be provided to the patient while the patient	2982
is hospitalized and, after the patient is discharged, or in an	2983
outpatient setting. The treatment plan shall address services to	2984
be provided upon discharge, including. The services may include,	2985
but are not limited to housing, financial, and vocational	2986
servicesall of the following:	2987

(1) Community psychiatric supportive treatment;

2988

(2) Assertive community treatment;

2989

(3) Medications;

2990

(4) Individual or group therapy;

2991

(5) Peer support services;

2992

(6) Financial services;

2993

(7) Housing or supervised living services;

2994

(8) Alcohol or substance abuse treatment;

2995

(9) Any other services prescribed to treat the patient's	2996
mental illness and to either assist the patient in living and	2997
functioning in the community or to help prevent a relapse or a	2998
deterioration of the patient's current condition.	2999

(W) "Community control sanction" has the same meaning as in	3000
section 2929.01 of the Revised Code.	3001

(X) "Post-release control sanction" has the same meaning as	3002
in section 2967.01 of the Revised Code.	3003

Sec. 5122.03.  A patient admitted under section 5122.02 of	3004
the Revised Code who requests release in writing, or whose release	3005
is requested in writing by the patient's counsel, legal guardian,	3006
parent, spouse, or adult next of kin shall be released forthwith,	3007
except that when:	3008

(A) The patient was admitted on the patient's own application	3009
and the request for release is made by a person other than the	3010
patient, release may be conditional upon the agreement of the	3011
patient; or	3012

(B) The chief clinical officer of the hospital, within three	3013
court days from the receipt of the request for release, files or	3014
causes to be filed with the court of the county where the patient	3015
is hospitalized or of the county where the patient is a resident,	3016
an affidavit under section 5122.11 of the Revised Code. Release	3017
may be postponed until the hearing held under section 5122.141 of	3018
the Revised Code. A telephone communication within three court	3019
days from the receipt of the request for release from the chief	3020
clinical officer to the court, indicating that the required	3021
affidavit has been mailed, is sufficient compliance with the time	3022
limit for filing such affidavit.	3023

Unless the patient is released within three days from the	3024
receipt of the request by the chief clinical officer, the request	3025
shall serve as a request for an initial hearing under section	3026
5122.141 of the Revised Code. If the court finds that the patient	3027
is a mentally ill person subject to hospitalization by court	3028
order, all provisions of this chapter with respect to involuntary	3029
hospitalization apply to such person.	3030

Judicial proceedings for hospitalization shall not be	3031
commenced with respect to a voluntary patient except pursuant to	3032
this section.	3033

Sections 5121.30 to 5121.56 of the Revised Code apply to	3034
persons received in a hospital operated by the department of	3035
mental health on a voluntary application.	3036

The chief clinical officer of the hospital shall provide	3037
reasonable means and arrangements for informing patients of their	3038
rights to release as provided in this section and for assisting	3039
them in making and presenting requests for release or for a	3040
hearing under section 5122.141 of the Revised Code.	3041

Before a patient is released from a public hospital, the	3042
chief clinical officer shall, when possible, notify the board of	3043
the patient's county of residence of the patient's pending release	3044
after the chief clinical officer has informed the patient that the	3045
board will be so notified.	3046

Sec. 5122.05.  (A) The chief clinical officer of a hospital	3047
may, and the chief clinical officer of a public hospital in all	3048
cases of psychiatric medical emergencies, shall receive for	3049
observation, diagnosis, care, and treatment any person whose	3050
admission is applied for under any of the following procedures:	3051

(1) Emergency procedure, as provided in section 5122.10 of	3052
the Revised Code;	3053

(2) Judicial procedure as provided in sections 2945.38,	3054
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of	3055
the Revised Code.	3056

Upon application for such admission, the chief clinical	3057
officer of a hospital immediately shall notify the board of the	3058
patient's county of residence. To assist the hospital in	3059
determining whether the patient is subject to involuntary	3060
hospitalization and whether alternative services are available,	3061
the board or an agency the board designates promptly shall assess	3062
the patient unless the board or agency already has performed such	3063
assessment, or unless the commitment is pursuant to section	3064
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3065
Code.	3066

(B) No person who is being treated by spiritual means through	3067
prayer alone, in accordance with a recognized religious method of	3068
healing, may be involuntarily committed unless the court has	3069
determined that the person represents a substantial risk of	3070
impairment or injury to self or others;	3071

(C) Any person who is involuntarily detained in a hospital or	3072
otherwise is in custody under this chapter, immediately upon being	3073
taken into custody, shall be informed and provided with a written	3074
statement that the person may do any of the following:	3075

(1) Immediately make a reasonable number of telephone calls	3076
or use other reasonable means to contact an attorney, a licensed	3077
physician, or a licensed clinical psychologist, to contact any	3078
other person or persons to secure representation by counsel, or to	3079
obtain medical or psychological assistance, and be provided	3080
assistance in making calls if the assistance is needed and	3081
requested;	3082

(2) Retain counsel and have independent expert evaluation of	3083
the person's mental condition and, if the person is unable to	3084
obtain an attorney or independent expert evaluation, be	3085
represented by court-appointed counsel or have independent expert	3086
evaluation of the person's mental condition, or both, at public	3087
expense if the person is indigent;	3088

(3) Have a hearing to determine whether or not the person is	3089
a mentally ill person subject to hospitalization by court order.	3090

Sec. 5122.10.  Any psychiatrist, licensed clinical	3091
psychologist, licensed physician, health officer, parole officer,	3092
police officer, or sheriff may take a person into custody, or the	3093
chief of the adult parole authority or a parole or probation	3094
officer with the approval of the chief of the authority may take a	3095
parolee, an offender under a community control sanction or a	3096
post-release control sanction, or an offender under transitional	3097
control into custody and may immediately transport the parolee,	3098
offender on community control or post-release control, or offender	3099
under transitional control to a hospital or, notwithstanding	3100
section 5119.20 of the Revised Code, to a general hospital not	3101
licensed by the department of mental health where the parolee,	3102
offender on community control or post-release control, or offender	3103
under transitional control may be held for the period prescribed	3104
in this section, if the psychiatrist, licensed clinical	3105
psychologist, licensed physician, health officer, parole officer,	3106
police officer, or sheriff has reason to believe that the person	3107
is a mentally ill person subject to hospitalization by court order	3108
under division (B) of section 5122.01 of the Revised Code, and	3109
represents a substantial risk of physical harm to self or others	3110
if allowed to remain at liberty pending examination.	3111

A written statement shall be given to such hospital by the	3112
transporting psychiatrist, licensed clinical psychologist,	3113
licensed physician, health officer, parole officer, police	3114
officer, chief of the adult parole authority, parole or probation	3115
officer, or sheriff stating the circumstances under which such	3116
person was taken into custody and the reasons for the	3117
psychiatrist's, licensed clinical psychologist's, licensed	3118
physician's, health officer's, parole officer's, police officer's,	3119
chief of the adult parole authority's, parole or probation	3120
officer's, or sheriff's belief. This statement shall be made	3121
available to the respondent or the respondent's attorney upon	3122
request of either.	3123

Every reasonable and appropriate effort shall be made to take	3124
persons into custody in the least conspicuous manner possible. A	3125
person taking the respondent into custody pursuant to this section	3126
shall explain to the respondent: the name, professional	3127
designation, and agency affiliation of the person taking the	3128
respondent into custody; that the custody-taking is not a criminal	3129
arrest; and that the person is being taken for examination by	3130
mental health professionals at a specified mental health facility	3131
identified by name.	3132

If a person taken into custody under this section is	3133
transported to a general hospital, the general hospital may admit	3134
the person, or provide care and treatment for the person, or both,	3135
notwithstanding section 5119.20 of the Revised Code, but by the	3136
end of twenty-four hours after arrival at the general hospital,	3137
the person shall be transferred to a hospital as defined in	3138
section 5122.01 of the Revised Code.	3139

A person transported or transferred to a hospital or	3140
community mental health agency under this section shall be	3141
examined by the staff of the hospital or agency within twenty-four	3142
hours after arrival at the hospital or agency. If to conduct the	3143
examination requires that the person remain overnight, the	3144
hospital or agency shall admit the person in an unclassified	3145
status until making a disposition under this section. After the	3146
examination, if the chief clinical officer of the hospital or	3147
agency believes that the person is not a mentally ill person	3148
subject to hospitalization by court order, the chief clinical	3149
officer shall release or discharge the person immediately unless a	3150
court has issued a temporary order of detention applicable to the	3151
person under section 5122.11 of the Revised Code. After the	3152
examination, if the chief clinical officer believes that the	3153
person is a mentally ill person subject to hospitalization by	3154
court order, the chief clinical officer may detain the person for	3155
not more than three court days following the day of the	3156
examination and during such period admit the person as a voluntary	3157
patient under section 5122.02 of the Revised Code or file an	3158
affidavit under section 5122.11 of the Revised Code. If neither	3159
action is taken and a court has not otherwise issued a temporary	3160
order of detention applicable to the person under section 5122.11	3161
of the Revised Code, the chief clinical officer shall discharge	3162
the person at the end of the three-day period unless the person	3163
has been sentenced to the department of rehabilitation and	3164
correction and has not been released from the person's sentence,	3165
in which case the person shall be returned to that department.	3166

Sec. 5122.11.  Proceedings for the hospitalization of a	3167
personcourt-ordered treatment pursuant to sections 5122.11 to	3168
5122.15 of the Revised Code shall be commenced by the filing of an	3169
affidavit in the manner and form prescribed by the department of	3170
mental health and in a form prescribed in section 5122.111 of the	3171
Revised Code, by any person or persons with the probate court,	3172
either on reliable information or actual knowledge, whichever is	3173
determined to be proper by the court. This section does not apply	3174
to the hospitalization of a person pursuant to section 2945.39,	3175
2945.40, 2945.401, or 2945.402 of the Revised Code.	3176

The affidavit shall contain an allegation setting forth the	3177
specific category or categories under division (B) of section	3178
5122.01 of the Revised Code upon which the jurisdiction of the	3179
court is based and a statement of alleged facts sufficient to	3180
indicate probable cause to believe that the person is a mentally	3181
ill person subject to hospitalization by court order. The	3182
affidavit may be accompanied, or the court may require that the	3183
affidavit be accompanied, by a certificate of a psychiatrist, or a	3184
certificate signed by a licensed clinical psychologist and a	3185
certificate signed by a licensed physician stating that the person	3186
who issued the certificate has examined the person and is of the	3187
opinion that the person is a mentally ill person subject to	3188
hospitalization by court order, or shall be accompanied by a	3189
written statement by the applicant, under oath, that the person	3190
has refused to submit to an examination by a psychiatrist, or by a	3191
licensed clinical psychologist and licensed physician.	3192

Upon receipt of the affidavit, if a judge of the court or a	3193
referee who is an attorney at law appointed by the court has	3194
probable cause to believe that the person named in the affidavit	3195
is a mentally ill person subject to hospitalization by court	3196
order, the judge or referee may issue a temporary order of	3197
detention ordering any health or police officer or sheriff to take	3198
into custody and transport the person to a hospital or other place	3199
designated in section 5122.17 of the Revised Code, or may set the	3200
matter for further hearing.	3201

The person may be observed and treated until the hearing	3202
provided for in section 5122.141 of the Revised Code. If no such	3203
hearing is held, the person may be observed and treated until the	3204
hearing provided for in section 5122.15 of the Revised Code.	3205

Sec. 5122.111.  To initiate proceedings for court-ordered	3206
treatment of a person under section 5122.11 of the Revised Code, a	3207
person or persons shall file an affidavit with the probate court	3208
that is identical in form and content to the following:	3209

AFFIDAVIT OF MENTAL ILLNESS

3210

			3211
The State of Ohio			3212
..................... County,	ss.		3213
..................... Court			3214

.................................................................			3215
the undersigned, residing at			3216
.................................................................			3217
says, that he/she has information to believe or has actual knowledge that			3218
.................................................................			3219

(Please specify specific category(ies) below with an X.)	3220

[ ] Represents a substantial risk of physical harm to self as	3221
manifested by evidence of threats of, or attempts at, suicide or	3222
serious self-inflicted bodily harm;	3223

[ ] Represents a substantial risk of physical harm to others as	3224
manifested by evidence of recent homicidal or other violent	3225
behavior or evidence of recent threats that place another in	3226
reasonable fear of violent behavior and serious physical harm or	3227
other evidence of present dangerousness;	3228

[ ] Represents a substantial and immediate risk of serious	3229
physical impairment or injury to self as manifested by evidence of	3230
being unable to provide for and of not providing for basic	3231
physical needs because of mental illness and that appropriate	3232
provision for such needs cannot be made immediately available in	3233
the community; or	3234

[ ] Would benefit from court-ordered treatment due to all of the	3235
following:	3236

(a) The person is unlikely to voluntarily participate in	3237
treatment.	3238

(b) The person has demonstrated difficulty in adhering to	3239
prescribed treatment.	3240

(c) The likelihood that, if the person is not treated, the	3241
person's current condition will deteriorate to the point that the	3242
person will meet the criterion in one of the three prior	3243
paragraphs.	3244

.................................................................			3245
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows:			3246
.................................................................			3247
.................................................................			3248
.................................................................			3249
.................................................................			3250
.................................................................			3251
.................................................................			3252
These facts being sufficient to indicate probable cause that the			3253
above said person is a mentally ill person subject to			3254
court order.			3255

Name of Patient's Last Physician or Licensed Clinical Psychologist			3256
.................................................................			3257
Address of Patient's Last Physician or Licensed Clinical Psychologist			3258
.................................................................			3259
.................................................................			3260

The name and address of respondent's legal guardian, spouse, and	3261
adult next of kin are:	3262

Name		Kinship		Address		3263
						3264
		Legal Guardian				3265
						3266
						3267
		Spouse				3268
						3269
						3270
		Adult Next of Kin				3271
						3272
						3273
		Adult Next of Kin				3274
						3275

The following constitutes additional information that may be			3276
necessary for the purpose of determining residence:			3277
.................................................................			3278
.................................................................			3279
.................................................................			3280
.................................................................			3281
.................................................................			3282

Dated this ............. day of ..............., 20...	3283

			3284
	Signature of the party filing the affidavit		3285

Sworn to before me and signed in my presence on the day and year	3286
above dated.	3287

			3288
	Signature of Probate Judge		3289

			3290
	Signature of Deputy Clerk		3291

WAIVER	3292

I, the undersigned party filing the affidavit hereby waive the	3293
issuing and service of notice of the hearing on said affidavit,	3294
and voluntarily enter my appearance herein.	3295

Dated this ............. day of ..............., 20...	3296

			3297
	Signature of the party filing the affidavit		3298

Sec. 5122.13.  Upon receipt of the affidavit required by	3300
section 5122.11 of the Revised Code, the probate court shall refer	3301
the affidavit to the board of alcohol, drug addiction, and mental	3302
health services or an agency the board designates to assist the	3303
court in determining whether the respondent is subject to	3304
hospitalization and whether alternative services including	3305
outpatient treatment are available, unless the agency or board has	3306
already performed such screening. The board or agency shall review	3307
the allegations of the affidavit and other information relating to	3308
whether or not the person named in the affidavit or statement is a	3309
mentally ill person subject to hospitalization by court order,	3310
and the availability of appropriate treatment alternatives.	3311

The person who conducts the investigation shall promptly make	3312
a report to the court, in writing, in open court or in chambers,	3313
as directed by the court and a full record of the report shall be	3314
made by the court. The report is not admissible as evidence for	3315
the purpose of establishing whether or not the respondent is a	3316
mentally ill person subject to hospitalization by court order, but	3317
shall be considered by the court in its determination of an	3318
appropriate placement for any person after that person is found to	3319
be a mentally ill person subject to hospitalizationcourt order.	3320

The court, prior to the hearing under section 5122.141 of the	3321
Revised Code, shall release a copy of the investigative report to	3322
the respondent's counsel.	3323

Nothing in this section precludes a judge or referee from	3324
issuing a temporary order of detention pursuant to section 5122.11	3325
of the Revised Code.	3326

Sec. 5122.141.  (A) A respondent who is involuntarily placed	3327
in a hospital or other place as designated in section 5122.10 or	3328
5122.17 of the Revised Code, or with respect to whom proceedings	3329
have been instituted under section 5122.11 of the Revised Code,	3330
shall be afforded a hearing to determine whether or not the	3331
respondent is a mentally ill person subject to hospitalization by	3332
court order. The hearing shall be conducted pursuant to section	3333
5122.15 of the Revised Code.	3334

(B) The hearing shall be conducted within five court days	3335
from the day on which the respondent is detained or an affidavit	3336
is filed, whichever occurs first, in a physical setting not likely	3337
to have a harmful effect on the respondent, and may be conducted	3338
in a hospital in or out of the county. On the motion of the	3339
respondent, histhe respondent's counsel, the chief clinical	3340
officer, or on its own motion, and for good cause shown, the court	3341
may order a continuance of the hearing. The continuance may be for	3342
no more than ten days from the day on which the respondent is	3343
detained or on which an affidavit is filed, whichever occurs	3344
first. Failure to conduct the hearing within this time shall	3345
effect an immediate discharge of the respondent. If the	3346
proceedings are not reinstituted within thirty days, all records	3347
of the proceedings shall be expunged.	3348

(C) If the court does not find that the respondent is a	3349
mentally ill person subject to hospitalization by court order, it	3350
shall order histhe respondent's immediate discharge, and shall	3351
expunge all record of the proceedings during this period.	3352

(D) If the court finds that the respondent is a mentally ill	3353
person subject to hospitalization by court order, the court may	3354
issue an interim order of detention ordering any health or police	3355
officer or sheriff to take into custody and transport such person	3356
to a hospital or other place designated in section 5122.17 of the	3357
Revised Code, where the respondent may be observed and treated.	3358

(E) A respondent or hisa respondent's counsel, after	3359
obtaining the consent of the respondent, may waive the hearing	3360
provided for in this section. In such case, unless the person has	3361
been discharged, a mandatory full hearing shall be held by the	3362
thirtieth day after the original involuntary detention of the	3363
respondent. Failure to conduct the mandatory full hearing within	3364
this time limit shall result in the immediate discharge of the	3365
respondent.	3366

(F) Where possible, the initial hearing shall be held before	3367
the respondent is taken into custody.	3368

Sec. 5122.15.  (A) Full hearings shall be conducted in a	3369
manner consistent with this chapter and with due process of law.	3370
The hearings shall be conducted by a judge of the probate court or	3371
a referee designated by a judge of the probate court and may be	3372
conducted in or out of the county in which the respondent is held.	3373
Any referee designated under this division shall be an attorney.	3374

(1) With the consent of the respondent, the following shall	3375
be made available to counsel for the respondent:	3376

(a) All relevant documents, information, and evidence in the	3377
custody or control of the state or prosecutor;	3378

(b) All relevant documents, information, and evidence in the	3379
custody or control of the hospital in which the respondent	3380
currently is held, or in which the respondent has been held	3381
pursuant to this chapter;	3382

(c) All relevant documents, information, and evidence in the	3383
custody or control of any hospital, facility, or person not	3384
included in division (A)(1)(a) or (b) of this section.	3385

(2) The respondent has the right to attend the hearing and to	3386
be represented by counsel of the respondent's choice. The right to	3387
attend the hearing may be waived only by the respondent or counsel	3388
for the respondent after consultation with the respondent.	3389

(3) If the respondent is not represented by counsel, is	3390
absent from the hearing, and has not validly waived the right to	3391
counsel, the court shall appoint counsel immediately to represent	3392
the respondent at the hearing, reserving the right to tax costs of	3393
appointed counsel to the respondent, unless it is shown that the	3394
respondent is indigent. If the court appoints counsel, or if the	3395
court determines that the evidence relevant to the respondent's	3396
absence does not justify the absence, the court shall continue the	3397
case.	3398

(4) The respondent shall be informed that the respondent may	3399
retain counsel and have independent expert evaluation. If the	3400
respondent is unable to obtain an attorney, the respondent shall	3401
be represented by court-appointed counsel. If the respondent is	3402
indigent, court-appointed counsel and independent expert	3403
evaluation shall be provided as an expense under section 5122.43	3404
of the Revised Code.	3405

(5) The hearing shall be closed to the public, unless counsel	3406
for the respondent, with the permission of the respondent,	3407
requests that the hearing be open to the public.	3408

(6) If the hearing is closed to the public, the court, for	3409
good cause shown, may admit persons who have a legitimate interest	3410
in the proceedings. If the respondent, the respondent's counsel,	3411
the designee of the director or of the chief clinical officer	3412
objects to the admission of any person, the court shall hear the	3413
objection and any opposing argument and shall rule upon the	3414
admission of the person to the hearing.	3415

(7) The affiant under section 5122.11 of the Revised Code	3416
shall be subject to subpoena by either party.	3417

(8) The court shall examine the sufficiency of all documents	3418
filed and shall inform the respondent, if present, and the	3419
respondent's counsel of the nature and content of the documents	3420
and the reason for which the respondent is being detained, or for	3421
which the respondent's placement is being sought.	3422

(9) The court shall receive only reliable, competent, and	3423
material evidence.	3424

(10) Unless proceedings are initiated pursuant to section	3425
5120.17 or 5139.08 of the Revised Code or proceedings are	3426
initiated regarding a resident of the service district of a board	3427
of alcohol, drug addiction, and mental health services that elects	3428
under division (C)(2) of section 5119.62 of the Revised Code not	3429
to accept the amount allocated to it under that section, an	3430
attorney that the board designates shall present the case	3431
demonstrating that the respondent is a mentally ill person subject	3432
to hospitalization by court order. The attorney shall offer	3433
evidence of the diagnosis, prognosis, record of treatment, if any,	3434
and less restrictive treatment plans, if any. In proceedings	3435
pursuant to section 5120.17 or 5139.08 of the Revised Code and in	3436
proceedings in which the respondent is a resident of a service	3437
district of a board that elects under division (C)(2) of section	3438
5119.62 of the Revised Code not to accept the amount allocated to	3439
it under that section, the attorney general shall designate an	3440
attorney who shall present the case demonstrating that the	3441
respondent is a mentally ill person subject to hospitalization by	3442
court order. The attorney shall offer evidence of the diagnosis,	3443
prognosis, record of treatment, if any, and less restrictive	3444
treatment plans, if any.	3445

(11) The respondent or the respondent's counsel has the right	3446
to subpoena witnesses and documents and to examine and	3447
cross-examine witnesses.	3448

(12) The respondent has the right, but shall not be	3449
compelled, to testify, and shall be so advised by the court.	3450

(13) On motion of the respondent or the respondent's counsel	3451
for good cause shown, or on the court's own motion, the court may	3452
order a continuance of the hearing.	3453

(14) If the respondent is represented by counsel and the	3454
respondent's counsel requests a transcript and record, or if the	3455
respondent is not represented by counsel, the court shall make and	3456
maintain a full transcript and record of the proceeding. If the	3457
respondent is indigent and the transcript and record is made, a	3458
copy shall be provided to the respondent upon request and be	3459
treated as an expense under section 5122.43 of the Revised Code.	3460

(15) To the extent not inconsistent with this chapter, the	3461
Rules of Civil Procedure are applicable.	3462

(B) Unless, upon completion of the hearing the court finds by	3463
clear and convincing evidence that the respondent is a mentally	3464
ill person subject to hospitalization by court order, it shall	3465
order the respondent's discharge immediately.	3466

(C) If, upon completion of the hearing, the court finds by	3467
clear and convincing evidence that the respondent is a mentally	3468
ill person subject to hospitalization by court order, the court	3469
shall order the respondent for a period not to exceed ninety days	3470
to any of the following:	3471

(1) A hospital operated by the department of mental health if	3472
the respondent is committed pursuant to section 5139.08 of the	3473
Revised Code;	3474

(2) A nonpublic hospital;

3475

(3) The veterans' administration or other agency of the	3476
United States government;	3477

(4) A board of alcohol, drug addiction, and mental health	3478
services or agency the board designates;	3479

(5) Receive private psychiatric or psychological care and	3480
treatment;	3481

(6) Any other suitable facility or person consistent with the	3482
diagnosis, prognosis, and treatment needs of the respondent.	3483

(D) Any order made pursuant to division (C)(2), (3), (5), or	3484
(6) of this section shall be conditioned upon the receipt by the	3485
court of consent by the hospital, facility, agency, or person to	3486
accept the respondent.	3487

(E) In determining the place to which, or the person, board,	3488
or agency with whom, the respondent is to be committed under	3489
division (C) of this section, the court shall consider the	3490
diagnosis, prognosis, preferences of the respondent and the	3491
projected treatment plan for the respondent and shall order the	3492
implementation of the least restrictive alternative available and	3493
consistent with treatment goals. If the court determines that the	3494
least restrictive alternative available that is consistent with	3495
treatment goals is inpatient hospitalization, the court's order	3496
shall so state.	3497

(F) During suchthe ninety-day period the hospital; facility;	3498
board of alcohol, drug addiction, and mental health services;	3499
agency the board designates; or person shall examine and treat the	3500
individual. If the individual is receiving treatment in an	3501
outpatient setting, or receives treatment in an outpatient setting	3502
during a subsequent period of continued commitment under division	3503
(H) of this section, the board, agency, or person to whom the	3504
individual is committed shall determine the appropriate outpatient	3505
treatment for the individual. If, at any time prior to the	3506
expiration of the ninety-day period, it is determined by the	3507
hospital, facility, board, agency, or person that the respondent's	3508
treatment needs could be equally well met in an available and	3509
appropriate less restrictive environmentsetting, both of the	3510
following apply:	3511

(1) The respondent shall be released from the care of the	3512
hospital, board, agency, facility, or person immediately and shall	3513
be referred to the court together with a report of the findings	3514
and recommendations of the hospital, board, agency, facility, or	3515
person; and	3516

(2) The hospital, board, agency, facility, or person shall	3517
notify the respondent's counsel or the attorney designated by a	3518
board of alcohol, drug addiction, and mental health services or,	3519
if the respondent was committed to a board or an agency designated	3520
by the board, it shall place the respondent in the least	3521
restrictive environmentsetting available consistent with	3522
treatment goals and notify the court and the respondent's counsel	3523
of the placement.	3524

The court shall dismiss the case or order placement in the	3525
least restrictive environmentsetting.	3526

(G)(1) Except as provided in divisions (G)(2) and (3) of this	3527
section, any person who has been committed under this section, or	3528
for whom proceedings for hospitalizationtreatment have been	3529
commenced pursuant to section 5122.11 of the Revised Code, may	3530
apply at any time for voluntary admission or commitment to the	3531
hospital, facility, agency,that the board designates, or person	3532
to which the person was committed. Upon admission as a voluntary	3533
patient the chief clinical officer of the hospital, agency, or	3534
other facility, or the person immediately shall notify the court,	3535
the patient's counsel, and the attorney designated by the board,	3536
if the attorney has entered the proceedings, in writing of that	3537
fact, and, upon receipt of the notice, the court shall dismiss the	3538
case.	3539

(2) A person who is found incompetent to stand trial or not	3540
guilty by reason of insanity and who is committed pursuant to	3541
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3542
Code shall not voluntarily commit the person pursuant to this	3543
section until after the final termination of the commitment, as	3544
described in division (J) of section 2945.401 of the Revised Code.	3545

(H) If, at the end of the first ninety-day period or any	3546
subsequent period of continued commitment, there has been no	3547
disposition of the case, either by discharge or voluntary	3548
admission or commitment, the hospital, facility, board, agency, or	3549
person shall discharge the patient immediately, unless at least	3550
ten days before the expiration of the period the attorney the	3551
board designates or the prosecutor files with the court an	3552
application for continued commitment. The application of the	3553
attorney or the prosecutor shall include a written report	3554
containing the diagnosis, prognosis, past treatment, a list of	3555
alternative treatment settings and plans, and identification of	3556
the treatment setting that is the least restrictive consistent	3557
with treatment needs. The attorney the board designates or the	3558
prosecutor shall file the written report at least three days prior	3559
to the full hearing. A copy of the application and written report	3560
shall be provided to the respondent's counsel immediately.	3561

The court shall hold a full hearing on applications for	3562
continued commitment at the expiration of the first ninety-day	3563
period and at least every two years after the expiration of the	3564
first ninety-day period.	3565

Hearings following any application for continued commitment	3566
are mandatory and may not be waived.	3567

Upon request of a person who is involuntarily committed under	3568
this section, or the person's counsel, that is made more than one	3569
hundred eighty days after the person's last full hearing,	3570
mandatory or requested, the court shall hold a full hearing on the	3571
person's continued commitment. Upon the application of a person	3572
involuntarily committed under this section, supported by an	3573
affidavit of a psychiatrist or licensed clinical psychologist,	3574
alleging that the person no longer is a mentally ill person	3575
subject to hospitalization by court order, the court for good	3576
cause shown may hold a full hearing on the person's continued	3577
commitment prior to the expiration of one hundred eighty days	3578
after the person's last full hearing. Section 5122.12 of the	3579
Revised Code applies to all hearings on continued commitment.	3580

If the court, after a hearing for continued commitment finds	3581
by clear and convincing evidence that the respondent is a mentally	3582
ill person subject to hospitalization by court order, the court	3583
may order continued commitment at places or to persons specified	3584
in division (C) of this section.	3585

(I) Unless the admission is pursuant to section 5120.17 or	3586
5139.08 of the Revised Code, the chief clinical officer of the	3587
hospital or agency admitting a respondent pursuant to a judicial	3588
proceeding, within ten working days of the admission, shall make a	3589
report of the admission to the board of alcohol, drug addiction,	3590
and mental health services serving the respondent's county of	3591
residence.	3592

(J) A referee appointed by the court may make all orders that	3593
a judge may make under this section and sections 5122.11 and	3594
5122.141 of the Revised Code, except an order of contempt of	3595
court. The orders of a referee take effect immediately. Within	3596
fourteen days of the making of an order by a referee, a party may	3597
file written objections to the order with the court. The filed	3598
objections shall be considered a motion, shall be specific, and	3599
shall state their grounds with particularity. Within ten days of	3600
the filing of the objections, a judge of the court shall hold a	3601
hearing on the objections and may hear and consider any testimony	3602
or other evidence relating to the respondent's mental condition.	3603
At the conclusion of the hearing, the judge may ratify, rescind,	3604
or modify the referee's order.	3605

(K) An order of the court under division (C), (H), or (J) of	3606
this section is a final order.	3607

(L) Before a board, or an agency the board designates, may	3608
place an unconsenting respondent in an inpatient setting from a	3609
less restrictive placement, the board or agency shall do all of	3610
the following:	3611

(1) Determine that the respondent is in immediate need of	3612
treatment in an inpatient setting because the respondent	3613
represents a substantial risk of physical harm to the respondent	3614
or others if allowed to remain in a less restrictive setting;	3615

(2) On the day of placement in the inpatient setting or on	3616
the next court day, file with the court a motion for transfer to	3617
an inpatient setting or communicate to the court by telephone that	3618
the required motion has been mailed;	3619

(3) Ensure that every reasonable and appropriate effort is	3620
made to take the respondent to the inpatient setting in the least	3621
conspicuous manner possible;	3622

(4) Immediately notify the board's designated attorney and	3623
the respondent's attorney.	3624

At the respondent's request, the court shall hold a hearing	3625
on the motion and make a determination pursuant to division (E) of	3626
this section within five days of the placement.	3627

(M) Before a board, or an agency the board designates, may	3628
move a respondent from one residential placement to another, the	3629
board or agency shall consult with the respondent about the	3630
placement. If the respondent objects to the placement, the	3631
proposed placement and the need for it shall be reviewed by a	3632
qualified mental health professional who otherwise is not involved	3633
in the treatment of the respondent.	3634

Sec. 5122.19.  Every person transported to a hospital or	3635
community mental health agency pursuant to sections 5122.11 to	3636
5122.16 of the Revised Code, shall be examined by the staff of the	3637
hospital or agency as soon as practicable after his arrival at the	3638
hospital or agency. Such an examination shall be held within	3639
twenty-four hours after the time of arrival, and if the chief	3640
clinical officer fails after such an examination to certify that	3641
in histhe chief clinical officer's opinion the person is a	3642
mentally ill person subject to hospitalization by court order, the	3643
person shall be immediately released.	3644

Sec. 5122.21.  (A) The chief clinical officer shall as	3645
frequently as practicable, and at least once every thirty days,	3646
examine or cause to be examined every patient, and, whenever the	3647
chief clinical officer determines that the conditions justifying	3648
involuntary hospitalization or commitment no longer obtain, shall	3649
discharge the patient not under indictment or conviction for crime	3650
and immediately make a report of the discharge to the department	3651
of mental health. The chief clinical officer may discharge a	3652
patient who is under an indictment, a sentence of imprisonment, a	3653
community control sanction, or a post-release control sanction or	3654
on parole ten days after written notice of intent to discharge the	3655
patient has been given by personal service or certified mail,	3656
return receipt requested, to the court having criminal	3657
jurisdiction over the patient. Except when the patient was found	3658
not guilty by reason of insanity and the defendant's commitment is	3659
pursuant to section 2945.40 of the Revised Code, the chief	3660
clinical officer has final authority to discharge a patient who is	3661
under an indictment, a sentence of imprisonment, a community	3662
control sanction, or a post-release control sanction or on parole.	3663

(B) After a finding pursuant to section 5122.15 of the	3664
Revised Code that a person is a mentally ill person subject to	3665
hospitalization by court order, the chief clinical officer of the	3666
hospital or agency to which the person is ordered or to which the	3667
person is transferred under section 5122.20 of the Revised Code,	3668
may grant a discharge without the consent or authorization of any	3669
court.	3670

Upon discharge from a hospital, the chief clinical officer	3671
shall notify the court that caused the judicial hospitalization of	3672
the discharge from the hospital.	3673

Sec. 5122.27.  The chief clinical officer of the hospital or	3674
histhe chief clinical officer's designee shall assure that all	3675
patients hospitalized or committed pursuant to this chapter shall:	3676

(A) Receive, within twenty days of their admission sufficient	3677
professional care to assure that an evaluation of current status,	3678
differential diagnosis, probable prognosis, and description of the	3679
current treatment plan is stated on the official chart;	3680

(B) Have a written treatment plan consistent with the	3681
evaluation, diagnosis, prognosis, and goals which shall be	3682
provided, upon request of the patient or patient's counsel, to the	3683
patient's counsel and to any private physician or licensed	3684
clinical psychologist designated by the patient or histhe	3685
patient's counsel or to the legal rights service;	3686

(C) Receive treatment consistent with the treatment plan. The	3687
department of mental health shall set standards for treatment	3688
provided to such patients, consistent wherever possible with	3689
standards set by the joint commission on accreditation of	3690
healthcare organizations.	3691

(D) Receive periodic reevaluations of the treatment plan by	3692
the professional staff at intervals not to exceed ninety days;	3693

(E) Be provided with adequate medical treatment for physical	3694
disease or injury;	3695

(F) Receive humane care and treatment, including without	3696
limitation, the following:	3697

(1) The least restrictive environment consistent with the	3698
treatment plan;	3699

(2) The necessary facilities and personnel required by the	3700
treatment plan;	3701

(3) A humane psychological and physical environment;

3702

(4) The right to obtain current information concerning his	3703
the patient's treatment program and expectations in terms that he	3704
the patient can reasonably understand;	3705

(5) Participation in programs designed to afford himthe	3706
patient substantial opportunity to acquire skills to facilitate	3707
his return to the community or to terminate an involuntary	3708
commitment;	3709

(6) The right to be free from unnecessary or excessive	3710
medication;	3711

(7) Freedom from restraints or isolation unless it is stated	3712
in a written order by the chief clinical officer or histhe chief	3713
clinical officer's designee, or the patient's individual physician	3714
or psychologist in a private or general hospital.	3715

(G) Be notified of their rights under the law within	3716
twenty-four hours of admission, according to rules established by	3717
the legal rights service.	3718

If the chief clinical officer of the hospital is unable to	3719
provide the treatment required by divisions (C), (E), and (F) of	3720
this section for any patient hospitalized pursuant to Chapter	3721
5122. of the Revised Code, hethe chief clinical officer shall	3722
immediately notify the patient, the court, the legal rights	3723
service, the director of mental health, and the patient's counsel	3724
and legal guardian, if known. If within ten days after receipt of	3725
such notification by the director, hethe director is unable to	3726
effect a transfer of the patient, pursuant to section 5122.20 of	3727
the Revised Code, to a hospital, community mental health agency,	3728
or other medical facility where treatment is available, or has not	3729
received an order of the court to the contrary, the involuntary	3730
commitment of any patient hospitalized pursuant to Chapter 5122.	3731
of the Revised Code and defined as a mentally ill person subject	3732
to hospitalization by court order under division (B)(4) of section	3733
5122.01 of the Revised Code shall automatically be terminated.	3734

Sec. 5122.30.  Any person detained pursuant to this chapter	3735
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3736
Code shall be entitled to the writ of habeas corpus upon proper	3737
petition by self or by a friend to any court generally empowered	3738
to issue the writ of habeas corpus in the county in which the	3739
person is detained.	3740

No person may bring a petition for a writ of habeas corpus	3741
that alleges that a person involuntarily detained pursuant to this	3742
chapter no longer is a mentally ill person subject to	3743
hospitalization by court order unless the person shows that the	3744
release procedures of division (H) of section 5122.15 of the	3745
Revised Code are inadequate or unavailable.	3746

Sec. 5122.31.  (A) All certificates, applications, records,	3747
and reports made for the purpose of this chapter and sections	3748
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	3749
Code, other than court journal entries or court docket entries,	3750
and directly or indirectly identifying a patient or former patient	3751
or person whose hospitalization or commitment has been sought	3752
under this chapter, shall be kept confidential and shall not be	3753
disclosed by any person except:	3754

(1) If the person identified, or the person's legal guardian,	3755
if any, or if the person is a minor, the person's parent or legal	3756
guardian, consents, and if the disclosure is in the best interests	3757
of the person, as may be determined by the court for judicial	3758
records and by the chief clinical officer for medical records;	3759

(2) When disclosure is provided for in this chapter or	3760
section 5123.60 of the Revised Code;	3761

(3) That hospitals, boards of alcohol, drug addiction, and	3762
mental health services, and community mental health agencies may	3763
release necessary medical information to insurers and other	3764
third-party payers, including government entities responsible for	3765
processing and authorizing payment, to obtain payment for goods	3766
and services furnished to the patient;	3767

(4) Pursuant to a court order signed by a judge;

3768

(5) That a patient shall be granted access to the patient's	3769
own psychiatric and medical records, unless access specifically is	3770
restricted in a patient's treatment plan for clear treatment	3771
reasons;	3772

(6) That hospitals and other institutions and facilities	3773
within the department of mental health may exchange psychiatric	3774
records and other pertinent information with other hospitals,	3775
institutions, and facilities of the department, and with community	3776
mental health agencies and boards of alcohol, drug addiction, and	3777
mental health services with which the department has a current	3778
agreement for patient care or services. Records and information	3779
that may be released pursuant to this division shall be limited to	3780
medication history, physical health status and history, financial	3781
status, summary of course of treatment in the hospital, summary of	3782
treatment needs, and a discharge summary, if any.	3783

(7) That hospitals within the department, other institutions	3784
and facilities within the department, hospitals licensed by the	3785
department under section 5119.20 of the Revised Code, and	3786
community mental health agencies may exchange psychiatric records	3787
and other pertinent information with payers and other providers of	3788
treatment and health services if the purpose of the exchange is to	3789
facilitate continuity of care for a patient;	3790

(8) That a patient's family member who is involved in the	3791
provision, planning, and monitoring of services to the patient may	3792
receive medication information, a summary of the patient's	3793
diagnosis and prognosis, and a list of the services and personnel	3794
available to assist the patient and the patient's family, if the	3795
patient's treating physician determines that the disclosure would	3796
be in the best interests of the patient. No such disclosure shall	3797
be made unless the patient is notified first and receives the	3798
information and does not object to the disclosure.	3799

(9) That community mental health agencies may exchange	3800
psychiatric records and certain other information with the board	3801
of alcohol, drug addiction, and mental health services and other	3802
agencies in order to provide services to a person involuntarily	3803
committed to a board. Release of records under this division shall	3804
be limited to medication history, physical health status and	3805
history, financial status, summary of course of treatment, summary	3806
of treatment needs, and discharge summary, if any.	3807

(10) That information may be disclosed to the executor or the	3808
administrator of an estate of a deceased patient when the	3809
information is necessary to administer the estate;	3810

(11) That records in the possession of the Ohio historical	3811
society may be released to the closest living relative of a	3812
deceased patient upon request of that relative;	3813

(12) That information may be disclosed to staff members of	3814
the appropriate board or to staff members designated by the	3815
director of mental health for the purpose of evaluating the	3816
quality, effectiveness, and efficiency of services and determining	3817
if the services meet minimum standards. Information obtained	3818
during such evaluations shall not be retained with the name of any	3819
patient.	3820

(13) That records pertaining to the patient's diagnosis,	3821
course of treatment, treatment needs, and prognosis shall be	3822
disclosed and released to the appropriate prosecuting attorney if	3823
the patient was committed pursuant to section 2945.38, 2945.39,	3824
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	3825
attorney designated by the board for proceedings pursuant to	3826
involuntary commitment under this chapter.	3827

(14) That the department of mental health may exchange	3828
psychiatric hospitalization records, other mental health treatment	3829
records, and other pertinent information with the department of	3830
rehabilitation and correction to ensure continuity of care for	3831
inmates who are receiving mental health services in an institution	3832
of the department of rehabilitation and correction. The department	3833
shall not disclose those records unless the inmate is notified,	3834
receives the information, and does not object to the disclosure.	3835
The release of records under this division is limited to records	3836
regarding an inmate's medication history, physical health status	3837
and history, summary of course of treatment, summary of treatment	3838
needs, and a discharge summary, if any.	3839

(15) That a community mental health agency that ceases to	3840
operate may transfer to either a community mental health agency	3841
that assumes its caseload or to the board of alcohol, drug	3842
addiction, and mental health services of the service district in	3843
which the patient resided at the time services were most recently	3844
provided any treatment records that have not been transferred	3845
elsewhere at the patient's request.	3846

(B) Before records are disclosed pursuant to divisions	3847
(A)(3), (6), (7), and (9) of this section, the custodian of the	3848
records shall attempt to obtain the patient's consent for the	3849
disclosure. No person shall reveal the contents of a medical	3850
record of a patient except as authorized by law.	3851

(C) The managing officer of a hospital who releases necessary	3852
medical information under division (A)(3) of this section to allow	3853
an insurance carrier or other third party payor to comply with	3854
section 5121.43 of the Revised Code shall neither be subject to	3855
criminal nor civil liability.	3856

Sec. 5122.311. (A) Notwithstanding any provision of the	3857
Revised Code to the contrary, if, on or after the effective date	3858
of this sectionApril 8, 2004, an individual is found by a court	3859
to be a mentally ill person subject to hospitalization by court	3860
order or becomes an involuntary patient other than one who is a	3861
patient only for purposes of observation, the probate judge who	3862
made the adjudication or the chief clinical officer of the	3863
hospital, agency, or facility in which the person is an	3864
involuntary patient shall notify the bureau of criminal	3865
identification and investigation, on the form described in	3866
division (C) of this section, of the identity of the individual.	3867
The notification shall be transmitted by the judge or the chief	3868
clinical officer not later than seven days after the adjudication	3869
or commitment.	3870

(B) The bureau of criminal identification and investigation	3871
shall compile and maintain the notices it receives under division	3872
(A) of this section and shall use them for the purpose of	3873
conducting incompetency records checks pursuant to section 311.41	3874
of the Revised Code. The notices and the information they contain	3875
are confidential, except as provided in this division, and are not	3876
public records.	3877

(C) The attorney general, by rule adopted under Chapter 119.	3878
of the Revised Code, shall prescribe and make available to all	3879
probate judges and all chief clinical officers a form to be used	3880
by them for the purpose of making the notifications required by	3881
division (A) of this section.	3882

Sec. 5139.54.  (A) Notwithstanding any other provision for	3883
determining when a child shall be released or discharged from the	3884
legal custody of the department of youth services, including	3885
jurisdictional provisions in section 2152.22 of the Revised Code,	3886
the release authority, for medical reasons, may release a child	3887
upon supervised release or discharge the child from the custody of	3888
the department when any of the following applies:	3889

(1) The child is terminally ill or otherwise in imminent	3890
danger of death.	3891

(2) The child is incapacitated due to injury, disease,	3892
illness, or other medical condition and is no longer a threat to	3893
public safety.	3894

(3) The child appears to be a mentally ill person subject to	3895
hospitalization by court order, as defined in section 5122.01 of	3896
the Revised Code, or a mentally retarded person subject to	3897
institutionalization by court order, as defined in section 5123.01	3898
of the Revised Code.	3899

(B) When considering whether to release or discharge a child	3900
under this section for medical reasons, the release authority may	3901
request additional medical information about the child or may ask	3902
the department to conduct additional medical examinations.	3903

(C) The release authority shall determine the appropriate	3904
level of supervised release for a child released under this	3905
section. The terms and conditions of the release may require	3906
periodic medical reevaluations as appropriate. Upon granting a	3907
release or discharge under this section, the release authority	3908
shall give notice of the release and its terms and conditions or	3909
of the discharge to the court that committed the child to the	3910
custody of the department.	3911

(D) The release authority shall submit annually to the	3912
director of youth services a report that includes all of the	3913
following information for the previous calendar year:	3914

(1) The number of children the release authority considered	3915
for medical release or discharge;	3916

(2) The nature of the injury, disease, illness, or other	3917
medical condition of each child considered for medical release or	3918
discharge;	3919

(3) The decision made by the release authority for each	3920
child, including the reasons for denying medical release or	3921
discharge or for granting it;	3922

(4) The number of children on medical release who were	3923
returned to a secure facility or whose supervised release was	3924
revoked.	3925

Sec. 5305.22.  (A) Any real estate or interest in real estate	3926
coming to a person by purchase, inheritance, or otherwise, after	3927
the spouse of the person is adjudged a mentally ill person subject	3928
to hospitalization by court order and admitted to either a	3929
hospital for persons with mental illness in this or any other	3930
state of the United States or the psychiatric department of any	3931
hospital of the United States, may be conveyed by the person while	3932
the person's spouse who is a mentally ill person subject to	3933
hospitalization by court order remains a patient of that hospital,	3934
free and clear from any dower right or expectancy of the person's	3935
spouse who is a mentally ill person subject to hospitalization by	3936
court order. Dower shall not attach to any real estate so acquired	3937
and conveyed during the time described in this section in favor of	3938
such spouse who is a mentally ill person subject to	3939
hospitalization by court order. The indorsement upon the	3940
instrument of conveyance, by the superintendent of the hospital to	3941
which the spouse was admitted, that the spouse of the person	3942
conveying the real estate is a mentally ill person subject to	3943
hospitalization by court order who has been admitted to that	3944
hospital, stating when received in that hospital and signed	3945
officially by the superintendent, shall be sufficient evidence of	3946
the fact that the spouse of the person conveying the real estate	3947
is a mentally ill person subject to hospitalization by court	3948
order. This indorsement shall be a part of the instrument of	3949
conveyance.	3950

(B) As used in this section, "mentally ill person subject to	3951
hospitalization by court order" has the same meaning as in section	3952
5122.01 of the Revised Code.	3953

Sec. 5907.06.  (A) A mentally ill person subject to	3954
hospitalization by court order whose mental condition causes the	3955
person to be dangerous to the community shall not be admitted to a	3956
veterans' home. If a mentally ill person subject to	3957
hospitalization by court order, through misrepresentation as to	3958
the person's condition, is sent to a home, the person shall be	3959
returned to, and the expense of the return shall be borne by, the	3960
county from which the person came.	3961

(B) As used in this section, "mentally ill person subject to	3962
hospitalization by court order" has the same meaning as in section	3963
5122.01 of the Revised Code.	3964

Sec. 5907.09.  (A) When the affidavit referred to in section	3965
5907.08 of the Revised Code is filed, the probate judge shall	3966
forthwith determine whether the resident is a mentally ill person	3967
subject to hospitalization by court order. Insofar as applicable,	3968
the laws governing in cases of admission to a state hospital for	3969
persons with mental illness shall apply. The probate judge shall	3970
have the same authority, and may receive and order paid the same	3971
fees and costs, as the probate judge would have in the county in	3972
which the veteran was a resident at the time of entering the	3973
veterans' home.	3974

(B) As used in this section, "mentally ill person subject to	3975
hospitalization by court order" has the same meaning as in section	3976
5122.01 of the Revised Code.	3977

Section 2.  That existing sections 2151.011, 2151.23,	3978
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40,	3979
2945.401, 2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05,	3980
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21,	3981
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06,	3982
and 5907.09 of the Revised Code are hereby repealed.	3983

Section 3.  That the versions of sections 5122.01, 5122.27,	3984
and 5122.31 of the Revised Code that are scheduled to take effect	3985
on October 1, 2012, be amended to read as follows:	3986

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	3987
the Revised Code:	3988

(A) "Mental illness" means a substantial disorder of thought,	3989
mood, perception, orientation, or memory that grossly impairs	3990
judgment, behavior, capacity to recognize reality, or ability to	3991
meet the ordinary demands of life.	3992

(B) "Mentally ill person subject to hospitalization by court	3993
order" means a mentally ill person who, because of the person's	3994
illness:	3995

(1) Represents a substantial risk of physical harm to self as	3996
manifested by evidence of threats of, or attempts at, suicide or	3997
serious self-inflicted bodily harm;	3998

(2) Represents a substantial risk of physical harm to others	3999
as manifested by evidence of recent homicidal or other violent	4000
behavior, evidence of recent threats that place another in	4001
reasonable fear of violent behavior and serious physical harm, or	4002
other evidence of present dangerousness;	4003

(3) Represents a substantial and immediate risk of serious	4004
physical impairment or injury to self as manifested by evidence	4005
that the person is unable to provide for and is not providing for	4006
the person's basic physical needs because of the person's mental	4007
illness and that appropriate provision for those needs cannot be	4008
made immediately available in the community; or	4009

(4) Would benefit from treatment in a hospital for the	4010
person's mental illness and is in need of such treatment as	4011
manifested by evidence of behavior that creates a grave and	4012
imminent risk to substantial rights of others or the persondue to	4013
all of the following:	4014

(a) The person is unlikely to voluntarily participate in	4015
treatment.	4016

(b) The person has demonstrated difficulty in adhering to	4017
prescribed treatment.	4018

(c) The likelihood that, if the person is not treated, the	4019
person's current condition will deteriorate to the point that the	4020
person will meet the criterion in division (B)(1), (2), or (3) of	4021
this section.	4022

(C)(1) "Patient" means, subject to division (C)(2) of this	4023
section, a person who is admitted either voluntarily or	4024
involuntarily to a hospital or other place under section 2945.39,	4025
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	4026
finding of not guilty by reason of insanity or incompetence to	4027
stand trial or under this chapter, who is under observation or	4028
receiving treatment in such place.	4029

(2) "Patient" does not include a person admitted to a	4030
hospital or other place under section 2945.39, 2945.40, 2945.401,	4031
or 2945.402 of the Revised Code to the extent that the reference	4032
in this chapter to patient, or the context in which the reference	4033
occurs, is in conflict with any provision of sections 2945.37 to	4034
2945.402 of the Revised Code.	4035

(D) "Licensed physician" means a person licensed under the	4036
laws of this state to practice medicine or a medical officer of	4037
the government of the United States while in this state in the	4038
performance of the person's official duties.	4039

(E) "Psychiatrist" means a licensed physician who has	4040
satisfactorily completed a residency training program in	4041
psychiatry, as approved by the residency review committee of the	4042
American medical association, the committee on post-graduate	4043
education of the American osteopathic association, or the American	4044
osteopathic board of neurology and psychiatry, or who on July 1,	4045
1989, has been recognized as a psychiatrist by the Ohio state	4046
medical association or the Ohio osteopathic association on the	4047
basis of formal training and five or more years of medical	4048
practice limited to psychiatry.	4049

(F) "Hospital" means a hospital or inpatient unit licensed by	4050
the department of mental health under section 5119.20 of the	4051
Revised Code, and any institution, hospital, or other place	4052
established, controlled, or supervised by the department under	4053
Chapter 5119. of the Revised Code.	4054

(G) "Public hospital" means a facility that is tax-supported	4055
and under the jurisdiction of the department of mental health.	4056

(H) "Community mental health agency" means an agency that	4057
provides community mental health services that are certified by	4058
the director of mental health under section 5119.611 of the	4059
Revised Code.	4060

(I) "Licensed clinical psychologist" means a person who holds	4061
a current valid psychologist license issued under section 4732.12	4062
or 4732.15 of the Revised Code, and in addition, meets either of	4063
the following criteria:	4064

(1) Meets the educational requirements set forth in division	4065
(B) of section 4732.10 of the Revised Code and has a minimum of	4066
two years' full-time professional experience, or the equivalent as	4067
determined by rule of the state board of psychology, at least one	4068
year of which shall be a predoctoral internship, in clinical	4069
psychological work in a public or private hospital or clinic or in	4070
private practice, diagnosing and treating problems of mental	4071
illness or mental retardation under the supervision of a	4072
psychologist who is licensed or who holds a diploma issued by the	4073
American board of professional psychology, or whose qualifications	4074
are substantially similar to those required for licensure by the	4075
state board of psychology when the supervision has occurred prior	4076
to enactment of laws governing the practice of psychology;	4077

(2) Meets the educational requirements set forth in division	4078
(B) of section 4732.15 of the Revised Code and has a minimum of	4079
four years' full-time professional experience, or the equivalent	4080
as determined by rule of the state board of psychology, in	4081
clinical psychological work in a public or private hospital or	4082
clinic or in private practice, diagnosing and treating problems of	4083
mental illness or mental retardation under supervision, as set	4084
forth in division (I)(1) of this section.	4085

(J) "Health officer" means any public health physician;	4086
public health nurse; or other person authorized by or designated	4087
by a city health district; a general health district; or a board	4088
of alcohol, drug addiction, and mental health services to perform	4089
the duties of a health officer under this chapter.	4090

(K) "Chief clinical officer" means the medical director of a	4091
hospital, or a community mental health agency, or a board of	4092
alcohol, drug addiction, and mental health services, or, if there	4093
is no medical director, the licensed physician responsible for the	4094
treatment a hospital or community mental health agency provides.	4095
The chief clinical officer may delegate to the attending physician	4096
responsible for a patient's care the duties imposed on the chief	4097
clinical officer by this chapter. Within a community mental health	4098
agency, the chief clinical officer shall be designated by the	4099
governing body of the agency and shall be a licensed physician or	4100
licensed clinical psychologist who supervises diagnostic and	4101
treatment services. A licensed physician or licensed clinical	4102
psychologist designated by the chief clinical officer may perform	4103
the duties and accept the responsibilities of the chief clinical	4104
officer in the chief clinical officer's absence.	4105

(L) "Working day" or "court day" means Monday, Tuesday,	4106
Wednesday, Thursday, and Friday, except when such day is a	4107
holiday.	4108

(M) "Indigent" means unable without deprivation of	4109
satisfaction of basic needs to provide for the payment of an	4110
attorney and other necessary expenses of legal representation,	4111
including expert testimony.	4112

(N) "Respondent" means the person whose detention,	4113
commitment, hospitalization, continued hospitalization or	4114
commitment, or discharge is being sought in any proceeding under	4115
this chapter.	4116

(O) "Ohio protection and advocacy system" has the same	4117
meaning as in section 5123.60 of the Revised Code.	4118

(P) "Independent expert evaluation" means an evaluation	4119
conducted by a licensed clinical psychologist, psychiatrist, or	4120
licensed physician who has been selected by the respondent or the	4121
respondent's counsel and who consents to conducting the	4122
evaluation.	4123

(Q) "Court" means the probate division of the court of common	4124
pleas.	4125

(R) "Expunge" means:

4126

(1) The removal and destruction of court files and records,	4127
originals and copies, and the deletion of all index references;	4128

(2) The reporting to the person of the nature and extent of	4129
any information about the person transmitted to any other person	4130
by the court;	4131

(3) Otherwise insuring that any examination of court files	4132
and records in question shall show no record whatever with respect	4133
to the person;	4134

(4) That all rights and privileges are restored, and that the	4135
person, the court, and any other person may properly reply that no	4136
such record exists, as to any matter expunged.	4137

(S) "Residence" means a person's physical presence in a	4138
county with intent to remain there, except that:	4139

(1) If a person is receiving a mental health service at a	4140
facility that includes nighttime sleeping accommodations,	4141
residence means that county in which the person maintained the	4142
person's primary place of residence at the time the person entered	4143
the facility;	4144

(2) If a person is committed pursuant to section 2945.38,	4145
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	4146
residence means the county where the criminal charges were filed.	4147

When the residence of a person is disputed, the matter of	4148
residence shall be referred to the department of mental health for	4149
investigation and determination. Residence shall not be a basis	4150
for a board's denying services to any person present in the	4151
board's service district, and the board shall provide services for	4152
a person whose residence is in dispute while residence is being	4153
determined and for a person in an emergency situation.	4154

(T) "Admission" to a hospital or other place means that a	4155
patient is accepted for and stays at least one night at the	4156
hospital or other place.	4157

(U) "Prosecutor" means the prosecuting attorney, village	4158
solicitor, city director of law, or similar chief legal officer	4159
who prosecuted a criminal case in which a person was found not	4160
guilty by reason of insanity, who would have had the authority to	4161
prosecute a criminal case against a person if the person had not	4162
been found incompetent to stand trial, or who prosecuted a case in	4163
which a person was found guilty.	4164

(V) "Treatment plan" means a written statement of reasonable	4165
objectives and goals for an individual established by the	4166
treatment team, with specific criteria to evaluate progress	4167
towards achieving those objectives. The active participation of	4168
the patient in establishing the objectives and goals shall be	4169
documented. The treatment plan shall be based on patient needs and	4170
include services to be provided to the patient while the patient	4171
is hospitalized and, after the patient is discharged, or in an	4172
outpatient setting. The treatment plan shall address services to	4173
be provided upon discharge, including. The services may include,	4174
but are not limited to housing, financial, and vocational services	4175
all of the following:	4176

(1) Community psychiatric supportive treatment;

4177

(2) Assertive community treatment;

4178

(3) Medications;

4179

(4) Individual or group therapy;

4180

(5) Peer support services;

4181

(6) Financial services;

4182

(7) Housing or supervised living services;

4183

(8) Alcohol or substance abuse treatment;

4184

(9) Any other services prescribed to treat the patient's	4185
mental illness and to either assist the patient in living and	4186
functioning in the community or to help prevent a relapse or a	4187
deterioration of the patient's current condition.	4188

(W) "Community control sanction" has the same meaning as in	4189
section 2929.01 of the Revised Code.	4190

(X) "Post-release control sanction" has the same meaning as	4191
in section 2967.01 of the Revised Code.	4192

Sec. 5122.27.  The chief clinical officer of the hospital or	4193
the chief clinical officer's designee shall assure that all	4194
patients hospitalized or committed pursuant to this chapter shall:	4195

(A) Receive, within twenty days of their admission sufficient	4196
professional care to assure that an evaluation of current status,	4197
differential diagnosis, probable prognosis, and description of the	4198
current treatment plan is stated on the official chart;	4199

(B) Have a written treatment plan consistent with the	4200
evaluation, diagnosis, prognosis, and goals which shall be	4201
provided, upon request of the patient or patient's counsel, to the	4202
patient's counsel and to any private physician or licensed	4203
clinical psychologist designated by the patient or the patient's	4204
counsel or to the Ohio protection and advocacy system;	4205

(C) Receive treatment consistent with the treatment plan. The	4206
department of mental health shall set standards for treatment	4207
provided to such patients, consistent wherever possible with	4208
standards set by the joint commission on accreditation of	4209
healthcare organizations.	4210

(D) Receive periodic reevaluations of the treatment plan by	4211
the professional staff at intervals not to exceed ninety days;	4212

(E) Be provided with adequate medical treatment for physical	4213
disease or injury;	4214

(F) Receive humane care and treatment, including without	4215
limitation, the following:	4216

(1) The least restrictive environment consistent with the	4217
treatment plan;	4218

(2) The necessary facilities and personnel required by the	4219
treatment plan;	4220

(3) A humane psychological and physical environment;

4221

(4) The right to obtain current information concerning the	4222
patient's treatment program and expectations in terms that the	4223
patient can reasonably understand;	4224

(5) Participation in programs designed to afford the patient	4225
substantial opportunity to acquire skills to facilitate return to	4226
the community or to terminate an involuntary commitment;	4227

(6) The right to be free from unnecessary or excessive	4228
medication;	4229

(7) Freedom from restraints or isolation unless it is stated	4230
in a written order by the chief clinical officer or the chief	4231
clinical officer's designee, or the patient's individual physician	4232
or psychologist in a private or general hospital.	4233

If the chief clinical officer of the hospital is unable to	4234
provide the treatment required by divisions (C), (E), and (F) of	4235
this section for any patient hospitalized pursuant to Chapter	4236
5122. of the Revised Code, the chief clinical officer shall	4237
immediately notify the patient, the court, the Ohio protection and	4238
advocacy system, the director of mental health, and the patient's	4239
counsel and legal guardian, if known. If within ten days after	4240
receipt of such notification by the director, the director is	4241
unable to effect a transfer of the patient, pursuant to section	4242
5122.20 of the Revised Code, to a hospital, community mental	4243
health agency, or other medical facility where treatment is	4244
available, or has not received an order of the court to the	4245
contrary, the involuntary commitment of any patient hospitalized	4246
pursuant to Chapter 5122. of the Revised Code and defined as a	4247
mentally ill person subject to hospitalization by court order	4248
under division (B)(4) of section 5122.01 of the Revised Code shall	4249
automatically be terminated.	4250

Sec. 5122.31.  (A) All certificates, applications, records,	4251
and reports made for the purpose of this chapter and sections	4252
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	4253
Code, other than court journal entries or court docket entries,	4254
and directly or indirectly identifying a patient or former patient	4255
or person whose hospitalization or commitment has been sought	4256
under this chapter, shall be kept confidential and shall not be	4257
disclosed by any person except:	4258

(1) If the person identified, or the person's legal guardian,	4259
if any, or if the person is a minor, the person's parent or legal	4260
guardian, consents, and if the disclosure is in the best interests	4261
of the person, as may be determined by the court for judicial	4262
records and by the chief clinical officer for medical records;	4263

(2) When disclosure is provided for in this chapter or	4264
section 5123.601 of the Revised Code;	4265

(3) That hospitals, boards of alcohol, drug addiction, and	4266
mental health services, and community mental health agencies may	4267
release necessary medical information to insurers and other	4268
third-party payers, including government entities responsible for	4269
processing and authorizing payment, to obtain payment for goods	4270
and services furnished to the patient;	4271

(4) Pursuant to a court order signed by a judge;

4272

(5) That a patient shall be granted access to the patient's	4273
own psychiatric and medical records, unless access specifically is	4274
restricted in a patient's treatment plan for clear treatment	4275
reasons;	4276

(6) That hospitals and other institutions and facilities	4277
within the department of mental health may exchange psychiatric	4278
records and other pertinent information with other hospitals,	4279
institutions, and facilities of the department, and with community	4280
mental health agencies and boards of alcohol, drug addiction, and	4281
mental health services with which the department has a current	4282
agreement for patient care or services. Records and information	4283
that may be released pursuant to this division shall be limited to	4284
medication history, physical health status and history, financial	4285
status, summary of course of treatment in the hospital, summary of	4286
treatment needs, and a discharge summary, if any.	4287

(7) That hospitals within the department, other institutions	4288
and facilities within the department, hospitals licensed by the	4289
department under section 5119.20 of the Revised Code, and	4290
community mental health agencies may exchange psychiatric records	4291
and other pertinent information with payers and other providers of	4292
treatment and health services if the purpose of the exchange is to	4293
facilitate continuity of care for a patient;	4294

(8) That a patient's family member who is involved in the	4295
provision, planning, and monitoring of services to the patient may	4296
receive medication information, a summary of the patient's	4297
diagnosis and prognosis, and a list of the services and personnel	4298
available to assist the patient and the patient's family, if the	4299
patient's treating physician determines that the disclosure would	4300
be in the best interests of the patient. No such disclosure shall	4301
be made unless the patient is notified first and receives the	4302
information and does not object to the disclosure.	4303

(9) That community mental health agencies may exchange	4304
psychiatric records and certain other information with the board	4305
of alcohol, drug addiction, and mental health services and other	4306
agencies in order to provide services to a person involuntarily	4307
committed to a board. Release of records under this division shall	4308
be limited to medication history, physical health status and	4309
history, financial status, summary of course of treatment, summary	4310
of treatment needs, and discharge summary, if any.	4311

(10) That information may be disclosed to the executor or the	4312
administrator of an estate of a deceased patient when the	4313
information is necessary to administer the estate;	4314

(11) That records in the possession of the Ohio historical	4315
society may be released to the closest living relative of a	4316
deceased patient upon request of that relative;	4317

(12) That information may be disclosed to staff members of	4318
the appropriate board or to staff members designated by the	4319
director of mental health for the purpose of evaluating the	4320
quality, effectiveness, and efficiency of services and determining	4321
if the services meet minimum standards. Information obtained	4322
during such evaluations shall not be retained with the name of any	4323
patient.	4324

(13) That records pertaining to the patient's diagnosis,	4325
course of treatment, treatment needs, and prognosis shall be	4326
disclosed and released to the appropriate prosecuting attorney if	4327
the patient was committed pursuant to section 2945.38, 2945.39,	4328
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	4329
attorney designated by the board for proceedings pursuant to	4330
involuntary commitment under this chapter.	4331

(14) That the department of mental health may exchange	4332
psychiatric hospitalization records, other mental health treatment	4333
records, and other pertinent information with the department of	4334
rehabilitation and correction to ensure continuity of care for	4335
inmates who are receiving mental health services in an institution	4336
of the department of rehabilitation and correction. The department	4337
shall not disclose those records unless the inmate is notified,	4338
receives the information, and does not object to the disclosure.	4339
The release of records under this division is limited to records	4340
regarding an inmate's medication history, physical health status	4341
and history, summary of course of treatment, summary of treatment	4342
needs, and a discharge summary, if any.	4343

(15) That a community mental health agency that ceases to	4344
operate may transfer to either a community mental health agency	4345
that assumes its caseload or to the board of alcohol, drug	4346
addiction, and mental health services of the service district in	4347
which the patient resided at the time services were most recently	4348
provided any treatment records that have not been transferred	4349
elsewhere at the patient's request.	4350

(B) Before records are disclosed pursuant to divisions	4351
(A)(3), (6), (7), and (9) of this section, the custodian of the	4352
records shall attempt to obtain the patient's consent for the	4353
disclosure. No person shall reveal the contents of a medical	4354
record of a patient except as authorized by law.	4355

(C) The managing officer of a hospital who releases necessary	4356
medical information under division (A)(3) of this section to allow	4357
an insurance carrier or other third party payor to comply with	4358
section 5121.43 of the Revised Code shall neither be subject to	4359
criminal nor civil liability.	4360

Section 4.  That the existing versions of sections 5122.01,	4361
5122.27, and 5122.31 of the Revised Code that are scheduled to	4362
take effect on October 1, 2012, are hereby repealed.	4363

Section 5.  Sections 3 and 4 of this act take effect on	4364
October 1, 2012.	4365