As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 43


Senators Burke, Tavares 

Cosponsors: Senators Balderson, Kearney, Seitz, Sawyer 



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
version of section 2151.011 of the Revised Code 9
that is scheduled to take effect on January 1, 10
2014, to make changes to the laws governing the 11
civil commitment of and treatment provided to 12
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) This section applies with respect to the 573
application for and issuance by this state of concealed handgun 574
licenses other than concealed handgun licenses on a temporary 575
emergency basis that are issued under section 2923.1213 of the 576
Revised Code. Upon the request of a person who wishes to obtain a 577
concealed handgun license with respect to which this section 578
applies or to renew a concealed handgun license with respect to 579
which this section applies, a sheriff, as provided in division (I) 580
of this section, shall provide to the person free of charge an 581
application form and the web site address at which the pamphlet 582
described in division (B) of section 109.731 of the Revised Code 583
may be found. A sheriff shall accept a completed application form 584
and the fee, items, materials, and information specified in 585
divisions (B)(1) to (5) of this section at the times and in the 586
manners described in division (I) of this section.587

        (B) An applicant for a concealed handgun license with respect 588
to which this section applies shall submit a completed application 589
form and all of the following to the sheriff of the county in 590
which the applicant resides or to the sheriff of any county 591
adjacent to the county in which the applicant resides:592

       (1)(a) A nonrefundable license fee as described in either of 593
the following: 594

       (i) For an applicant who has been a resident of this state 595
for five or more years, a fee of sixty-seven dollars;596

       (ii) For an applicant who has been a resident of this state 597
for less than five years, a fee of sixty-seven dollars plus the 598
actual cost of having a background check performed by the federal 599
bureau of investigation.600

       (b) No sheriff shall require an applicant to pay for the cost 601
of a background check performed by the bureau of criminal 602
identification and investigation.603

       (c) A sheriff shall waive the payment of the license fee 604
described in division (B)(1)(a) of this section in connection with 605
an initial or renewal application for a license that is submitted 606
by an applicant who is a retired peace officer, a retired person 607
described in division (B)(1)(b) of section 109.77 of the Revised 608
Code, or a retired federal law enforcement officer who, prior to 609
retirement, was authorized under federal law to carry a firearm in 610
the course of duty, unless the retired peace officer, person, or 611
federal law enforcement officer retired as the result of a mental 612
disability.613

       (d) The sheriff shall deposit all fees paid by an applicant 614
under division (B)(1)(a) of this section into the sheriff's 615
concealed handgun license issuance fund established pursuant to 616
section 311.42 of the Revised Code. The county shall distribute 617
the fees in accordance with section 311.42 of the Revised Code.618

       (2) A color photograph of the applicant that was taken within 619
thirty days prior to the date of the application;620

       (3) One or more of the following competency certifications, 621
each of which shall reflect that, regarding a certification 622
described in division (B)(3)(a), (b), (c), (e), or (f) of this 623
section, within the three years immediately preceding the 624
application the applicant has performed that to which the 625
competency certification relates and that, regarding a 626
certification described in division (B)(3)(d) of this section, the 627
applicant currently is an active or reserve member of the armed 628
forces of the United States or within the six years immediately 629
preceding the application the honorable discharge or retirement to 630
which the competency certification relates occurred:631

        (a) An original or photocopy of a certificate of completion 632
of a firearms safety, training, or requalification or firearms 633
safety instructor course, class, or program that was offered by or 634
under the auspices of the national rifle association and that 635
complies with the requirements set forth in division (G) of this 636
section;637

       (b) An original or photocopy of a certificate of completion 638
of a firearms safety, training, or requalification or firearms 639
safety instructor course, class, or program that satisfies all of 640
the following criteria:641

       (i) It was open to members of the general public.642

       (ii) It utilized qualified instructors who were certified by 643
the national rifle association, the executive director of the Ohio 644
peace officer training commission pursuant to section 109.75 or 645
109.78 of the Revised Code, or a governmental official or entity 646
of another state.647

       (iii) It was offered by or under the auspices of a law 648
enforcement agency of this or another state or the United States, 649
a public or private college, university, or other similar 650
postsecondary educational institution located in this or another 651
state, a firearms training school located in this or another 652
state, or another type of public or private entity or organization 653
located in this or another state.654

       (iv) It complies with the requirements set forth in division 655
(G) of this section.656

        (c) An original or photocopy of a certificate of completion 657
of a state, county, municipal, or department of natural resources 658
peace officer training school that is approved by the executive 659
director of the Ohio peace officer training commission pursuant to 660
section 109.75 of the Revised Code and that complies with the 661
requirements set forth in division (G) of this section, or the 662
applicant has satisfactorily completed and been issued a 663
certificate of completion of a basic firearms training program, a 664
firearms requalification training program, or another basic 665
training program described in section 109.78 or 109.801 of the 666
Revised Code that complies with the requirements set forth in 667
division (G) of this section;668

        (d) A document that evidences both of the following:669

        (i) That the applicant is an active or reserve member of the 670
armed forces of the United States, was honorably discharged from 671
military service in the active or reserve armed forces of the 672
United States, is a retired trooper of the state highway patrol, 673
or is a retired peace officer or federal law enforcement officer 674
described in division (B)(1) of this section or a retired person 675
described in division (B)(1)(b) of section 109.77 of the Revised 676
Code and division (B)(1) of this section;677

        (ii) That, through participation in the military service or 678
through the former employment described in division (B)(3)(d)(i) 679
of this section, the applicant acquired experience with handling 680
handguns or other firearms, and the experience so acquired was 681
equivalent to training that the applicant could have acquired in a 682
course, class, or program described in division (B)(3)(a), (b), or 683
(c) of this section.684

        (e) A certificate or another similar document that evidences 685
satisfactory completion of a firearms training, safety, or 686
requalification or firearms safety instructor course, class, or 687
program that is not otherwise described in division (B)(3)(a), 688
(b), (c), or (d) of this section, that was conducted by an 689
instructor who was certified by an official or entity of the 690
government of this or another state or the United States or by the 691
national rifle association, and that complies with the 692
requirements set forth in division (G) of this section;693

        (f) An affidavit that attests to the applicant's satisfactory 694
completion of a course, class, or program described in division 695
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed 696
by the applicant's instructor or an authorized representative of 697
the entity that offered the course, class, or program or under 698
whose auspices the course, class, or program was offered.699

       (4) A certification by the applicant that the applicant has 700
read the pamphlet prepared by the Ohio peace officer training 701
commission pursuant to section 109.731 of the Revised Code that 702
reviews firearms, dispute resolution, and use of deadly force 703
matters.704

       (5) A set of fingerprints of the applicant provided as 705
described in section 311.41 of the Revised Code through use of an 706
electronic fingerprint reading device or, if the sheriff to whom 707
the application is submitted does not possess and does not have 708
ready access to the use of such a reading device, on a standard 709
impression sheet prescribed pursuant to division (C)(2) of section 710
109.572 of the Revised Code.711

        (C) Upon receipt of the completed application form, 712
supporting documentation, and, if not waived, license fee of an 713
applicant under this section, a sheriff, in the manner specified 714
in section 311.41 of the Revised Code, shall conduct or cause to 715
be conducted the criminal records check and the incompetency 716
records check described in section 311.41 of the Revised Code.717

       (D)(1) Except as provided in division (D)(3) or (4) of this 718
section, within forty-five days after a sheriff's receipt of an 719
applicant's completed application form for a concealed handgun 720
license under this section, the supporting documentation, and, if 721
not waived, the license fee, the sheriff shall make available 722
through the law enforcement automated data system in accordance 723
with division (H) of this section the information described in 724
that division and, upon making the information available through 725
the system, shall issue to the applicant a concealed handgun 726
license that shall expire as described in division (D)(2)(a) of 727
this section if all of the following apply:728

       (a) The applicant is legally living in the United States, has 729
been a resident of this state for at least forty-five days, and 730
has been a resident of the county in which the person seeks the 731
license or a county adjacent to the county in which the person 732
seeks the license for at least thirty days. For purposes of 733
division (D)(1)(a) of this section:734

       (i) If a person is absent from the United States, from this 735
state, or from a particular county in this state in compliance 736
with military or naval orders as an active or reserve member of 737
the armed forces of the United States and if prior to leaving this 738
state in compliance with those orders the person was legally 739
living in the United States and was a resident of this state, the 740
person, solely by reason of that absence, shall not be considered 741
to have lost the person's status as living in the United States or 742
the person's residence in this state or in the county in which the 743
person was a resident prior to leaving this state in compliance 744
with those orders, without regard to whether or not the person 745
intends to return to this state or to that county, shall not be 746
considered to have acquired a residence in any other state, and 747
shall not be considered to have become a resident of any other 748
state.749

       (ii) If a person is present in 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 forty-five days, 752
the person shall be considered to have been a resident of this 753
state for that period of at least forty-five days, and, if a 754
person is present in a county of this state in compliance with 755
military or naval orders as an active or reserve member of the 756
armed forces of the United States for at least thirty days, the 757
person shall be considered to have been a resident of that county 758
for that period of at least thirty days.759

        (b) The applicant is at least twenty-one years of age.760

        (c) The applicant is not a fugitive from justice.761

       (d) The applicant is not under indictment for or otherwise 762
charged with a felony; an offense under Chapter 2925., 3719., or 763
4729. of the Revised Code that involves the illegal possession, 764
use, sale, administration, or distribution of or trafficking in a 765
drug of abuse; a misdemeanor offense of violence; or a violation 766
of section 2903.14 or 2923.1211 of the Revised Code.767

       (e) Except as otherwise provided in division (D)(5) of this 768
section, the applicant has not been convicted of or pleaded guilty 769
to a felony or an offense under Chapter 2925., 3719., or 4729. of 770
the Revised Code that involves the illegal possession, use, sale, 771
administration, or distribution of or trafficking in a drug of 772
abuse; has not been adjudicated a delinquent child for committing 773
an act that if committed by an adult would be a felony or would be 774
an offense under Chapter 2925., 3719., or 4729. of the Revised 775
Code that involves the illegal possession, use, sale, 776
administration, or distribution of or trafficking in a drug of 777
abuse; and has not been convicted of, pleaded guilty to, or 778
adjudicated a delinquent child for committing a violation of 779
section 2903.13 of the Revised Code when the victim of the 780
violation is a peace officer, regardless of whether the applicant 781
was sentenced under division (C)(3) of that section.782

       (f) Except as otherwise provided in division (D)(5) of this 783
section, the applicant, within three years of the date of the 784
application, has not been convicted of or pleaded guilty to a 785
misdemeanor offense of violence other than a misdemeanor violation 786
of section 2921.33 of the Revised Code or a violation of section 787
2903.13 of the Revised Code when the victim of the violation is a 788
peace officer, or a misdemeanor violation of section 2923.1211 of 789
the Revised Code; and has not been adjudicated a delinquent child 790
for committing an act that if committed by an adult would be a 791
misdemeanor offense of violence other than a misdemeanor violation 792
of section 2921.33 of the Revised Code or a violation of section 793
2903.13 of the Revised Code when the victim of the violation is a 794
peace officer or for committing an act that if committed by an 795
adult would be a misdemeanor violation of section 2923.1211 of the 796
Revised Code.797

       (g) Except as otherwise provided in division (D)(1)(e) of 798
this section, the applicant, within five years of the date of the 799
application, has not been convicted of, pleaded guilty to, or 800
adjudicated a delinquent child for committing two or more 801
violations of section 2903.13 or 2903.14 of the Revised Code.802

       (h) Except as otherwise provided in division (D)(5) of this 803
section, the applicant, within ten years of the date of the 804
application, has not been convicted of, pleaded guilty to, or 805
adjudicated a delinquent child for committing a violation of 806
section 2921.33 of the Revised Code.807

       (i) The applicant has not been adjudicated as a mental 808
defective, has not been committed to any mental institution, is 809
not under adjudication of mental incompetence, has not been found 810
by a court to be a mentally ill person subject to hospitalization 811
by court order, and is not an involuntary patient other than one 812
who is a patient only for purposes of observation. As used in this 813
division, "mentally ill person subject to hospitalization by court 814
order" and "patient" have the same meanings as in section 5122.01 815
of the Revised Code.816

       (j) The applicant is not currently subject to a civil 817
protection order, a temporary protection order, or a protection 818
order issued by a court of another state.819

       (k) The applicant certifies that the applicant desires a 820
legal means to carry a concealed handgun for defense of the 821
applicant or a member of the applicant's family while engaged in 822
lawful activity.823

       (l) The applicant submits a competency certification of the 824
type described in division (B)(3) of this section and submits a 825
certification of the type described in division (B)(4) of this 826
section regarding the applicant's reading of the pamphlet prepared 827
by the Ohio peace officer training commission pursuant to section 828
109.731 of the Revised Code.829

       (m) The applicant currently is not subject to a suspension 830
imposed under division (A)(2) of section 2923.128 of the Revised 831
Code of a concealed handgun license that previously was issued to 832
the applicant under this section or section 2923.1213 of the 833
Revised Code.834

       (2)(a) A concealed handgun license that a sheriff issues 835
under division (D)(1) of this section shall expire five years 836
after the date of issuance. 837

       If a sheriff issues a license under this section, the sheriff 838
shall place on the license a unique combination of letters and 839
numbers identifying the license in accordance with the procedure 840
prescribed by the Ohio peace officer training commission pursuant 841
to section 109.731 of the Revised Code.842

       (b) If a sheriff denies an application under this section 843
because the applicant does not satisfy the criteria described in 844
division (D)(1) of this section, the sheriff shall specify the 845
grounds for the denial in a written notice to the applicant. The 846
applicant may appeal the denial pursuant to section 119.12 of the 847
Revised Code in the county served by the sheriff who denied the 848
application. If the denial was as a result of the criminal records 849
check conducted pursuant to section 311.41 of the Revised Code and 850
if, pursuant to section 2923.127 of the Revised Code, the 851
applicant challenges the criminal records check results using the 852
appropriate challenge and review procedure specified in that 853
section, the time for filing the appeal pursuant to section 119.12 854
of the Revised Code and this division is tolled during the 855
pendency of the request or the challenge and review. If the court 856
in an appeal under section 119.12 of the Revised Code and this 857
division enters a judgment sustaining the sheriff's refusal to 858
grant to the applicant a concealed handgun license, the applicant 859
may file a new application beginning one year after the judgment 860
is entered. If the court enters a judgment in favor of the 861
applicant, that judgment shall not restrict the authority of a 862
sheriff to suspend or revoke the license pursuant to section 863
2923.128 or 2923.1213 of the Revised Code or to refuse to renew 864
the license for any proper cause that may occur after the date the 865
judgment is entered. In the appeal, the court shall have full 866
power to dispose of all costs.867

       (3) If the sheriff with whom an application for a concealed 868
handgun license was filed under this section becomes aware that 869
the applicant has been arrested for or otherwise charged with an 870
offense that would disqualify the applicant from holding the 871
license, the sheriff shall suspend the processing of the 872
application until the disposition of the case arising from the 873
arrest or charge.874

       (4) If the sheriff determines that the applicant is legally 875
living in the United States and is a resident of the county in 876
which the applicant seeks the license or of an adjacent county but 877
does not yet meet the residency requirements described in division 878
(D)(1)(a) of this section, the sheriff shall not deny the license 879
because of the residency requirements but shall not issue the 880
license until the applicant meets those residency requirements.881

       (5) If an applicant has been convicted of or pleaded guilty 882
to an offense identified in division (D)(1)(e), (f), or (h) of 883
this section or has been adjudicated a delinquent child for 884
committing an act or violation identified in any of those 885
divisions, and if a court has ordered the sealing or expungement 886
of the records of that conviction, guilty plea, or adjudication 887
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to 888
2953.36, or section 2953.37 of the Revised Code or a court has 889
granted the applicant relief pursuant to section 2923.14 of the 890
Revised Code from the disability imposed pursuant to section 891
2923.13 of the Revised Code relative to that conviction, guilty 892
plea, or adjudication, the sheriff with whom the application was 893
submitted shall not consider the conviction, guilty plea, or 894
adjudication in making a determination under division (D)(1) or 895
(F) of this section or, in relation to an application for a 896
concealed handgun license on a temporary emergency basis submitted 897
under section 2923.1213 of the Revised Code, in making a 898
determination under division (B)(2) of that section.899

       (E) If a concealed handgun license issued under this section 900
is lost or is destroyed, the licensee may obtain from the sheriff 901
who issued that license a duplicate license upon the payment of a 902
fee of fifteen dollars and the submission of an affidavit 903
attesting to the loss or destruction of the license. The sheriff, 904
in accordance with the procedures prescribed in section 109.731 of 905
the Revised Code, shall place on the replacement license a 906
combination of identifying numbers different from the combination 907
on the license that is being replaced.908

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

       (2) A sheriff shall accept a completed renewal application, 923
the license renewal fee, and the information specified in division 924
(F)(1) of this section at the times and in the manners described 925
in division (I) of this section. Upon receipt of a completed 926
renewal application, of certification that the applicant has 927
reread the specified pamphlet prepared by the Ohio peace officer 928
training commission, and of a license renewal fee unless the fee 929
is waived, a sheriff, in the manner specified in section 311.41 of 930
the Revised Code shall conduct or cause to be conducted the 931
criminal records check and the incompetency records check 932
described in section 311.41 of the Revised Code. The sheriff shall 933
renew the license if the sheriff determines that the applicant 934
continues to satisfy the requirements described in division (D)(1) 935
of this section, except that the applicant is not required to meet 936
the requirements of division (D)(1)(l) of this section. A renewed 937
license shall expire five years after the date of issuance. A 938
renewed license is subject to division (E) of this section and 939
sections 2923.126 and 2923.128 of the Revised Code. A sheriff 940
shall comply with divisions (D)(2) to (4) of this section when the 941
circumstances described in those divisions apply to a requested 942
license renewal. If a sheriff denies the renewal of a concealed 943
handgun license, the applicant may appeal the denial, or challenge 944
the criminal record check results that were the basis of the 945
denial if applicable, in the same manner as specified in division 946
(D)(2)(b) of this section and in section 2923.127 of the Revised 947
Code, regarding the denial of a license under this section.948

       (3) A renewal application submitted pursuant to division (F) 949
of this section shall only require the licensee to list on the 950
application form information and matters occurring since the date 951
of the licensee's last application for a license pursuant to 952
division (B) or (F) of this section. A sheriff conducting the 953
criminal records check and the incompetency records check 954
described in section 311.41 of the Revised Code shall conduct the 955
check only from the date of the licensee's last application for a 956
license pursuant to division (B) or (F) of this section through 957
the date of the renewal application submitted pursuant to division 958
(F) of this section.959

       (4) An applicant for a renewal concealed handgun license 960
under this section shall submit to the sheriff of the county in 961
which the applicant resides or to the sheriff of any county 962
adjacent to the county in which the applicant resides a 963
nonrefundable license fee as described in either of the following:964

       (a) For an applicant who has been a resident of this state 965
for five or more years, a fee of fifty dollars;966

       (b) For an applicant who has been a resident of this state 967
for less than five years, a fee of fifty dollars plus the actual 968
cost of having a background check performed by the federal bureau 969
of investigation.970

       (G)(1) Each course, class, or program described in division 971
(B)(3)(a), (b), (c), or (e) of this section shall provide to each 972
person who takes the course, class, or program the web site 973
address at which the pamphlet prepared by the Ohio peace officer 974
training commission pursuant to section 109.731 of the Revised 975
Code that reviews firearms, dispute resolution, and use of deadly 976
force matters may be found. Each such course, class, or program 977
described in one of those divisions shall include at least twelve 978
hours of training in the safe handling and use of a firearm that 979
shall include all of the following:980

        (a) At least ten hours of training on the following matters:981

       (i) The ability to name, explain, and demonstrate the rules 982
for safe handling of a handgun and proper storage practices for 983
handguns and ammunition;984

        (ii) The ability to demonstrate and explain how to handle 985
ammunition in a safe manner;986

       (iii) The ability to demonstrate the knowledge, skills, and 987
attitude necessary to shoot a handgun in a safe manner;988

       (iv) Gun handling training.989

       (b) At least two hours of training that consists of range 990
time and live-fire training.991

        (2) To satisfactorily complete the course, class, or program 992
described in division (B)(3)(a), (b), (c), or (e) of this section, 993
the applicant shall pass a competency examination that shall 994
include both of the following:995

       (a) A written section on the ability to name and explain the 996
rules for the safe handling of a handgun and proper storage 997
practices for handguns and ammunition;998

       (b) A physical demonstration of competence in the use of a 999
handgun and in the rules for safe handling and storage of a 1000
handgun and a physical demonstration of the attitude necessary to 1001
shoot a handgun in a safe manner.1002

        (3) The competency certification described in division 1003
(B)(3)(a), (b), (c), or (e) of this section shall be dated and 1004
shall attest that the course, class, or program the applicant 1005
successfully completed met the requirements described in division 1006
(G)(1) of this section and that the applicant passed the 1007
competency examination described in division (G)(2) of this 1008
section.1009

       (H) Upon deciding to issue a concealed handgun license, 1010
deciding to issue a replacement concealed handgun license, or 1011
deciding to renew a concealed handgun license pursuant to this 1012
section, and before actually issuing or renewing the license, the 1013
sheriff shall make available through the law enforcement automated 1014
data system all information contained on the license. If the 1015
license subsequently is suspended under division (A)(1) or (2) of 1016
section 2923.128 of the Revised Code, revoked pursuant to division 1017
(B)(1) of section 2923.128 of the Revised Code, or lost or 1018
destroyed, the sheriff also shall make available through the law 1019
enforcement automated data system a notation of that fact. The 1020
superintendent of the state highway patrol shall ensure that the 1021
law enforcement automated data system is so configured as to 1022
permit the transmission through the system of the information 1023
specified in this division.1024

       (I) A sheriff shall accept a completed application form or 1025
renewal application, and the fee, items, materials, and 1026
information specified in divisions (B)(1) to (5) or division (F) 1027
of this section, whichever is applicable, and shall provide an 1028
application form or renewal application to any person during at 1029
least fifteen hours a week and shall provide the web site address 1030
at which the pamphlet described in division (B) of section 109.731 1031
of the Revised Code may be found at any time, upon request. The 1032
sheriff shall post notice of the hours during which the sheriff is 1033
available to accept or provide the information described in this 1034
division.1035

       Sec. 2923.1213. (A) As used in this section:1036

       (1) "Evidence of imminent danger" means any of the following:1037

       (a) A statement sworn by the person seeking to carry a 1038
concealed handgun that is made under threat of perjury and that 1039
states that the person has reasonable cause to fear a criminal 1040
attack upon the person or a member of the person's family, such as 1041
would justify a prudent person in going armed;1042

       (b) A written document prepared by a governmental entity or 1043
public official describing the facts that give the person seeking 1044
to carry a concealed handgun reasonable cause to fear a criminal 1045
attack upon the person or a member of the person's family, such as 1046
would justify a prudent person in going armed. Written documents 1047
of this nature include, but are not limited to, any temporary 1048
protection order, civil protection order, protection order issued 1049
by another state, or other court order, any court report, and any 1050
report filed with or made by a law enforcement agency or 1051
prosecutor.1052

       (2) "Prosecutor" has the same meaning as in section 2935.01 1053
of the Revised Code.1054

       (B)(1) A person seeking a concealed handgun license on a 1055
temporary emergency basis shall submit to the sheriff of the 1056
county in which the person resides all of the following:1057

       (a) Evidence of imminent danger to the person or a member of 1058
the person's family;1059

       (b) A sworn affidavit that contains all of the information 1060
required to be on the license and attesting that the person is 1061
legally living in the United States; is at least twenty-one years 1062
of age; is not a fugitive from justice; is not under indictment 1063
for or otherwise charged with an offense identified in division 1064
(D)(1)(d) of section 2923.125 of the Revised Code; has not been 1065
convicted of or pleaded guilty to an offense, and has not been 1066
adjudicated a delinquent child for committing an act, identified 1067
in division (D)(1)(e) of that section and to which division (B)(3) 1068
of this section does not apply; within three years of the date of 1069
the submission, has not been convicted of or pleaded guilty to an 1070
offense, and has not been adjudicated a delinquent child for 1071
committing an act, identified in division (D)(1)(f) of that 1072
section and to which division (B)(3) of this section does not 1073
apply; within five years of the date of the submission, has not 1074
been convicted of, pleaded guilty, or adjudicated a delinquent 1075
child for committing two or more violations identified in division 1076
(D)(1)(g) of that section; within ten years of the date of the 1077
submission, has not been convicted of, pleaded guilty, or 1078
adjudicated a delinquent child for committing a violation 1079
identified in division (D)(1)(h) of that section and to which 1080
division (B)(3) of this section does not apply; has not been 1081
adjudicated as a mental defective, has not been committed to any 1082
mental institution, is not under adjudication of mental 1083
incompetence, has not been found by a court to be a mentally ill 1084
person subject to hospitalization by court order, and is not an 1085
involuntary patient other than one who is a patient only for 1086
purposes of observation, as described in division (D)(1)(i) of 1087
that section; is not currently subject to a civil protection 1088
order, a temporary protection order, or a protection order issued 1089
by a court of another state, as described in division (D)(1)(j) of 1090
that section; and is not currently subject to a suspension imposed 1091
under division (A)(2) of section 2923.128 of the Revised Code of a 1092
concealed handgun license that previously was issued to the 1093
person;1094

       (c) A nonrefundable temporary emergency license fee as 1095
described in either of the following:1096

       (i) For an applicant who has been a resident of this state 1097
for five or more years, a fee of fifteen dollars plus the actual 1098
cost of having a background check performed by the bureau of 1099
criminal identification and investigation pursuant to section 1100
311.41 of the Revised Code;1101

       (ii) For an applicant who has been a resident of this state 1102
for less than five years, a fee of fifteen dollars plus the actual 1103
cost of having background checks performed by the federal bureau 1104
of investigation and the bureau of criminal identification and 1105
investigation pursuant to section 311.41 of the Revised Code.1106

       (d) A set of fingerprints of the applicant provided as 1107
described in section 311.41 of the Revised Code through use of an 1108
electronic fingerprint reading device or, if the sheriff to whom 1109
the application is submitted does not possess and does not have 1110
ready access to the use of an electronic fingerprint reading 1111
device, on a standard impression sheet prescribed pursuant to 1112
division (C)(2) of section 109.572 of the Revised Code. If the 1113
fingerprints are provided on a standard impression sheet, the 1114
person also shall provide the person's social security number to 1115
the sheriff.1116

       (2) A sheriff shall accept the evidence of imminent danger, 1117
the sworn affidavit, the fee, and the set of fingerprints required 1118
under division (B)(1) of this section at the times and in the 1119
manners described in division (I) of this section. Upon receipt of 1120
the evidence of imminent danger, the sworn affidavit, the fee, and 1121
the set of fingerprints required under division (B)(1) of this 1122
section, the sheriff, in the manner specified in section 311.41 of 1123
the Revised Code, immediately shall conduct or cause to be 1124
conducted the criminal records check and the incompetency records 1125
check described in section 311.41 of the Revised Code. Immediately 1126
upon receipt of the results of the records checks, the sheriff 1127
shall review the information and shall determine whether the 1128
criteria set forth in divisions (D)(1)(a) to (j) and (m) of 1129
section 2923.125 of the Revised Code apply regarding the person. 1130
If the sheriff determines that all of criteria set forth in 1131
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the 1132
Revised Code apply regarding the person, the sheriff shall 1133
immediately make available through the law enforcement automated 1134
data system all information that will be contained on the 1135
temporary emergency license for the person if one is issued, and 1136
the superintendent of the state highway patrol shall ensure that 1137
the system is so configured as to permit the transmission through 1138
the system of that information. Upon making that information 1139
available through the law enforcement automated data system, the 1140
sheriff shall immediately issue to the person a concealed handgun 1141
license on a temporary emergency basis.1142

       If the sheriff denies the issuance of a license on a 1143
temporary emergency basis to the person, the sheriff shall specify 1144
the grounds for the denial in a written notice to the person. The 1145
person may appeal the denial, or challenge criminal records check 1146
results that were the basis of the denial if applicable, in the 1147
same manners specified in division (D)(2) of section 2923.125 and 1148
in section 2923.127 of the Revised Code, regarding the denial of 1149
an application for a concealed handgun license under that section.1150

       The license on a temporary emergency basis issued under this 1151
division shall be in the form, and shall include all of the 1152
information, described in divisions (A)(2) and (5) of section 1153
109.731 of the Revised Code, and also shall include a unique 1154
combination of identifying letters and numbers in accordance with 1155
division (A)(4) of that section.1156

       The license on a temporary emergency basis issued under this 1157
division is valid for ninety days and may not be renewed. A person 1158
who has been issued a license on a temporary emergency basis under 1159
this division shall not be issued another license on a temporary 1160
emergency basis unless at least four years has expired since the 1161
issuance of the prior license on a temporary emergency basis.1162

       (3) If a person seeking a concealed handgun license on a 1163
temporary emergency basis has been convicted of or pleaded guilty 1164
to an offense identified in division (D)(1)(e), (f), or (h) of 1165
section 2923.125 of the Revised Code or has been adjudicated a 1166
delinquent child for committing an act or violation identified in 1167
any of those divisions, and if a court has ordered the sealing or 1168
expungement of the records of that conviction, guilty plea, or 1169
adjudication pursuant to sections 2151.355 to 2151.358 or sections 1170
2953.31 to 2953.36 of the Revised Code or a court has granted the 1171
applicant relief pursuant to section 2923.14 of the Revised Code 1172
from the disability imposed pursuant to section 2923.13 of the 1173
Revised Code relative to that conviction, guilty plea, or 1174
adjudication, the conviction, guilty plea, or adjudication shall 1175
not be relevant for purposes of the sworn affidavit described in 1176
division (B)(1)(b) of this section, and the person may complete, 1177
and swear to the truth of, the affidavit as if the conviction, 1178
guilty plea, or adjudication never had occurred.1179

       (4) The sheriff shall waive the payment pursuant to division 1180
(B)(1)(c) of this section of the license fee in connection with an 1181
application that is submitted by an applicant who is a retired 1182
peace officer, a retired person described in division (B)(1)(b) of 1183
section 109.77 of the Revised Code, or a retired federal law 1184
enforcement officer who, prior to retirement, was authorized under 1185
federal law to carry a firearm in the course of duty, unless the 1186
retired peace officer, person, or federal law enforcement officer 1187
retired as the result of a mental disability. 1188

       The sheriff shall deposit all fees paid by an applicant under 1189
division (B)(1)(c) of this section into the sheriff's concealed 1190
handgun license issuance fund established pursuant to section 1191
311.42 of the Revised Code.1192

       (C) A person who holds a concealed handgun license on a 1193
temporary emergency basis has the same right to carry a concealed 1194
handgun as a person who was issued a concealed handgun license 1195
under section 2923.125 of the Revised Code, and any exceptions to 1196
the prohibitions contained in section 1547.69 and sections 2923.12 1197
to 2923.16 of the Revised Code for a licensee under section 1198
2923.125 of the Revised Code apply to a licensee under this 1199
section. The person is subject to the same restrictions, and to 1200
all other procedures, duties, and sanctions, that apply to a 1201
person who carries a license issued under section 2923.125 of the 1202
Revised Code, other than the license renewal procedures set forth 1203
in that section.1204

       (D) A sheriff who issues a concealed handgun license on a 1205
temporary emergency basis under this section shall not require a 1206
person seeking to carry a concealed handgun in accordance with 1207
this section to submit a competency certificate as a prerequisite 1208
for issuing the license and shall comply with division (H) of 1209
section 2923.125 of the Revised Code in regards to the license. 1210
The sheriff shall suspend or revoke the license in accordance with 1211
section 2923.128 of the Revised Code. In addition to the 1212
suspension or revocation procedures set forth in section 2923.128 1213
of the Revised Code, the sheriff may revoke the license upon 1214
receiving information, verifiable by public documents, that the 1215
person is not eligible to possess a firearm under either the laws 1216
of this state or of the United States or that the person committed 1217
perjury in obtaining the license; if the sheriff revokes a license 1218
under this additional authority, the sheriff shall notify the 1219
person, by certified mail, return receipt requested, at the 1220
person's last known residence address that the license has been 1221
revoked and that the person is required to surrender the license 1222
at the sheriff's office within ten days of the date on which the 1223
notice was mailed. Division (H) of section 2923.125 of the Revised 1224
Code applies regarding any suspension or revocation of a concealed 1225
handgun license on a temporary emergency basis.1226

       (E) A sheriff who issues a concealed handgun license on a 1227
temporary emergency basis under this section shall retain, for the 1228
entire period during which the license is in effect, the evidence 1229
of imminent danger that the person submitted to the sheriff and 1230
that was the basis for the license, or a copy of that evidence, as 1231
appropriate.1232

       (F) If a concealed handgun license on a temporary emergency 1233
basis issued under this section is lost or is destroyed, the 1234
licensee may obtain from the sheriff who issued that license a 1235
duplicate license upon the payment of a fee of fifteen dollars and 1236
the submission of an affidavit attesting to the loss or 1237
destruction of the license. The sheriff, in accordance with the 1238
procedures prescribed in section 109.731 of the Revised Code, 1239
shall place on the replacement license a combination of 1240
identifying numbers different from the combination on the license 1241
that is being replaced.1242

       (G) The Ohio peace officer training commission shall 1243
prescribe, and shall make available to sheriffs, a standard form 1244
to be used under division (B) of this section by a person who 1245
applies for a concealed handgun license on a temporary emergency 1246
basis on the basis of imminent danger of a type described in 1247
division (A)(1)(a) of this section.1248

       (H) A sheriff who receives any fees paid by a person under 1249
this section shall deposit all fees so paid into the sheriff's 1250
concealed handgun license issuance expense fund established under 1251
section 311.42 of the Revised Code.1252

       (I) A sheriff shall accept evidence of imminent danger, a 1253
sworn affidavit, the fee, and the set of fingerprints specified in 1254
division (B)(1) of this section at any time during normal business 1255
hours. In no case shall a sheriff require an appointment, or 1256
designate a specific period of time, for the submission or 1257
acceptance of evidence of imminent danger, a sworn affidavit, the 1258
fee, and the set of fingerprints specified in division (B)(1) of 1259
this section, or for the provision to any person of a standard 1260
form to be used for a person to apply for a concealed handgun 1261
license on a temporary emergency basis.1262

       Sec. 2923.13.  (A) Unless relieved from disability as 1263
provided in section 2923.14 of the Revised Code, no person shall 1264
knowingly acquire, have, carry, or use any firearm or dangerous 1265
ordnance, if any of the following apply:1266

       (1) The person is a fugitive from justice.1267

       (2) The person is under indictment for or has been convicted 1268
of any felony offense of violence or has been adjudicated a 1269
delinquent child for the commission of an offense that, if 1270
committed by an adult, would have been a felony offense of 1271
violence.1272

       (3) The person is under indictment for or has been convicted 1273
of any felony offense involving the illegal possession, use, sale, 1274
administration, distribution, or trafficking in any drug of abuse 1275
or has been adjudicated a delinquent child for the commission of 1276
an offense that, if committed by an adult, would have been a 1277
felony offense involving the illegal possession, use, sale, 1278
administration, distribution, or trafficking in any drug of abuse.1279

       (4) The person is drug dependent, in danger of drug 1280
dependence, or a chronic alcoholic.1281

       (5) The person is under adjudication of mental incompetence, 1282
has been adjudicated as a mental defective, has been committed to 1283
a mental institution, has been found by a court to be a mentally 1284
ill person subject to hospitalization by court order, or is an 1285
involuntary patient other than one who is a patient only for 1286
purposes of observation. As used in this division, "mentally ill 1287
person subject to hospitalization by court order" and "patient" 1288
have the same meanings as in section 5122.01 of the Revised Code.1289

       (B) Whoever violates this section is guilty of having weapons 1290
while under disability, a felony of the third degree.1291

       Sec. 2945.37.  (A) As used in sections 2945.37 to 2945.402 of 1292
the Revised Code:1293

       (1) "Prosecutor" means a prosecuting attorney or a city 1294
director of law, village solicitor, or similar chief legal officer 1295
of a municipal corporation who has authority to prosecute a 1296
criminal case that is before the court or the criminal case in 1297
which a defendant in a criminal case has been found incompetent to 1298
stand trial or not guilty by reason of insanity.1299

       (2) "Examiner" means either of the following:1300

       (a) A psychiatrist or a licensed clinical psychologist who 1301
satisfies the criteria of division (I)(1) of section 5122.01 of 1302
the Revised Code or is employed by a certified forensic center 1303
designated by the department of mental health to conduct 1304
examinations or evaluations.1305

       (b) For purposes of a separate mental retardation evaluation 1306
that is ordered by a court pursuant to division (H) of section 1307
2945.371 of the Revised Code, a psychologist designated by the 1308
director of developmental disabilities pursuant to that section to 1309
conduct that separate mental retardation evaluation.1310

       (3) "Nonsecured status" means any unsupervised, off-grounds 1311
movement or trial visit from a hospital or institution, or any 1312
conditional release, that is granted to a person who is found 1313
incompetent to stand trial and is committed pursuant to section 1314
2945.39 of the Revised Code or to a person who is found not guilty 1315
by reason of insanity and is committed pursuant to section 2945.40 1316
of the Revised Code.1317

       (4) "Unsupervised, off-grounds movement" includes only 1318
off-grounds privileges that are unsupervised and that have an 1319
expectation of return to the hospital or institution on a daily 1320
basis.1321

       (5) "Trial visit" means a patient privilege of a longer 1322
stated duration of unsupervised community contact with an 1323
expectation of return to the hospital or institution at designated 1324
times.1325

       (6) "Conditional release" means a commitment status under 1326
which the trial court at any time may revoke a person's 1327
conditional release and order the rehospitalization or 1328
reinstitutionalization of the person as described in division (A) 1329
of section 2945.402 of the Revised Code and pursuant to which a 1330
person who is found incompetent to stand trial or a person who is 1331
found not guilty by reason of insanity lives and receives 1332
treatment in the community for a period of time that does not 1333
exceed the maximum prison term or term of imprisonment that the 1334
person could have received for the offense in question had the 1335
person been convicted of the offense instead of being found 1336
incompetent to stand trial on the charge of the offense or being 1337
found not guilty by reason of insanity relative to the offense.1338

       (7) "Licensed clinical psychologist," "mentally ill person 1339
subject to hospitalization by court order," and "psychiatrist" 1340
have the same meanings as in section 5122.01 of the Revised Code.1341

       (8) "Mentally retarded person subject to institutionalization 1342
by court order" has the same meaning as in section 5123.01 of the 1343
Revised Code.1344

       (B) In a criminal action in a court of common pleas, a county 1345
court, or a municipal court, the court, prosecutor, or defense may 1346
raise the issue of the defendant's competence to stand trial. If 1347
the issue is raised before the trial has commenced, the court 1348
shall hold a hearing on the issue as provided in this section. If 1349
the issue is raised after the trial has commenced, the court shall 1350
hold a hearing on the issue only for good cause shown or on the 1351
court's own motion.1352

       (C) The court shall conduct the hearing required or 1353
authorized under division (B) of this section within thirty days 1354
after the issue is raised, unless the defendant has been referred 1355
for evaluation in which case the court shall conduct the hearing 1356
within ten days after the filing of the report of the evaluation 1357
or, in the case of a defendant who is ordered by the court 1358
pursuant to division (H) of section 2945.371 of the Revised Code 1359
to undergo a separate mental retardation evaluation conducted by a 1360
psychologist designated by the director of developmental 1361
disabilities, within ten days after the filing of the report of 1362
the separate mental retardation evaluation under that division. A 1363
hearing may be continued for good cause.1364

       (D) The defendant shall be represented by counsel at the 1365
hearing conducted under division (C) of this section. If the 1366
defendant is unable to obtain counsel, the court shall appoint 1367
counsel under Chapter 120. of the Revised Code or under the 1368
authority recognized in division (C) of section 120.06, division 1369
(E) of section 120.16, division (E) of section 120.26, or section 1370
2941.51 of the Revised Code before proceeding with the hearing.1371

       (E) The prosecutor and defense counsel may submit evidence on 1372
the issue of the defendant's competence to stand trial. A written 1373
report of the evaluation of the defendant may be admitted into 1374
evidence at the hearing by stipulation, but, if either the 1375
prosecution or defense objects to its admission, the report may be 1376
admitted under sections 2317.36 to 2317.38 of the Revised Code or 1377
any other applicable statute or rule.1378

       (F) The court shall not find a defendant incompetent to stand 1379
trial solely because the defendant is receiving or has received 1380
treatment as a voluntary or involuntary mentally ill patient under 1381
Chapter 5122. or a voluntary or involuntary mentally retarded 1382
resident under Chapter 5123. of the Revised Code or because the 1383
defendant is receiving or has received psychotropic drugs or other 1384
medication, even if the defendant might become incompetent to 1385
stand trial without the drugs or medication.1386

       (G) A defendant is presumed to be competent to stand trial. 1387
If, after a hearing, the court finds by a preponderance of the 1388
evidence that, because of the defendant's present mental 1389
condition, the defendant is incapable of understanding the nature 1390
and objective of the proceedings against the defendant or of 1391
assisting in the defendant's defense, the court shall find the 1392
defendant incompetent to stand trial and shall enter an order 1393
authorized by section 2945.38 of the Revised Code.1394

       (H) Municipal courts shall follow the procedures set forth in 1395
sections 2945.37 to 2945.402 of the Revised Code. Except as 1396
provided in section 2945.371 of the Revised Code, a municipal 1397
court shall not order an evaluation of the defendant's competence 1398
to stand trial or the defendant's mental condition at the time of 1399
the commission of the offense to be conducted at any hospital 1400
operated by the department of mental health. Those evaluations 1401
shall be performed through community resources including, but not 1402
limited to, certified forensic centers, court probation 1403
departments, and community mental health agencies. All expenses of 1404
the evaluations shall be borne by the legislative authority of the 1405
municipal court, as defined in section 1901.03 of the Revised 1406
Code, and shall be taxed as costs in the case. If a defendant is 1407
found incompetent to stand trial or not guilty by reason of 1408
insanity, a municipal court may commit the defendant as provided 1409
in sections 2945.38 to 2945.402 of the Revised Code.1410

       Sec. 2945.38.  (A) If the issue of a defendant's competence 1411
to stand trial is raised and if the court, upon conducting the 1412
hearing provided for in section 2945.37 of the Revised Code, finds 1413
that the defendant is competent to stand trial, the defendant 1414
shall be proceeded against as provided by law. If the court finds 1415
the defendant competent to stand trial and the defendant is 1416
receiving psychotropic drugs or other medication, the court may 1417
authorize the continued administration of the drugs or medication 1418
or other appropriate treatment in order to maintain the 1419
defendant's competence to stand trial, unless the defendant's 1420
attending physician advises the court against continuation of the 1421
drugs, other medication, or treatment.1422

       (B)(1)(a) If, after taking into consideration all relevant 1423
reports, information, and other evidence, the court finds that the 1424
defendant is incompetent to stand trial and that there is a 1425
substantial probability that the defendant will become competent 1426
to stand trial within one year if the defendant is provided with a 1427
course of treatment, the court shall order the defendant to 1428
undergo treatment. If the defendant has been charged with a felony 1429
offense and if, after taking into consideration all relevant 1430
reports, information, and other evidence, the court finds that the 1431
defendant is incompetent to stand trial, but the court is unable 1432
at that time to determine whether there is a substantial 1433
probability that the defendant will become competent to stand 1434
trial within one year if the defendant is provided with a course 1435
of treatment, the court shall order continuing evaluation and 1436
treatment of the defendant for a period not to exceed four months 1437
to determine whether there is a substantial probability that the 1438
defendant will become competent to stand trial within one year if 1439
the defendant is provided with a course of treatment.1440

       (b) The court order for the defendant to undergo treatment or 1441
continuing evaluation and treatment under division (B)(1)(a) of 1442
this section shall specify that the defendant, if determined to 1443
require mental health treatment or continuing evaluation and 1444
treatment, either shall be committed to the department of mental 1445
health for treatment or continuing evaluation and treatment at a 1446
hospital, facility, or agency, as determined to be clinically 1447
appropriate by the department of mental health or shall be 1448
committed to a facility certified by the department of mental 1449
health as being qualified to treat mental illness, to a public or 1450
community mental health facility, or to a psychiatrist or another 1451
mental health professional for treatment or continuing evaluation 1452
and treatment. Prior to placing the defendant, the department of 1453
mental health shall obtain court approval for that placement 1454
following a hearing. The court order for the defendant to undergo 1455
treatment or continuing evaluation and treatment under division 1456
(B)(1)(a) of this section shall specify that the defendant, if 1457
determined to require treatment or continuing evaluation and 1458
treatment for mental retardation, shall receive treatment or 1459
continuing evaluation and treatment at an institution or facility 1460
operated by the department of developmental disabilities, at a 1461
facility certified by the department of developmental disabilities 1462
as being qualified to treat mental retardation, at a public or 1463
private mental retardation facility, or by a psychiatrist or 1464
another mental retardation professional. In any case, the order 1465
may restrict the defendant's freedom of movement as the court 1466
considers necessary. The prosecutor in the defendant's case shall 1467
send to the chief clinical officer of the hospital, facility, or 1468
agency where the defendant is placed by the department of mental 1469
health, or to the managing officer of the institution, the 1470
director of the program or facility, or the person to which the 1471
defendant is committed, copies of relevant police reports and 1472
other background information that pertains to the defendant and is 1473
available to the prosecutor unless the prosecutor determines that 1474
the release of any of the information in the police reports or any 1475
of the other background information to unauthorized persons would 1476
interfere with the effective prosecution of any person or would 1477
create a substantial risk of harm to any person.1478

       In determining the place of commitment, the court shall 1479
consider the extent to which the person is a danger to the person 1480
and to others, the need for security, and the type of crime 1481
involved and shall order the least restrictive alternative 1482
available that is consistent with public safety and treatment 1483
goals. In weighing these factors, the court shall give preference 1484
to protecting public safety.1485

       (c) If the defendant is found incompetent to stand trial, if 1486
the chief clinical officer of the hospital, facility, or agency 1487
where the defendant is placed, or the managing officer of the 1488
institution, the director of the program or facility, or the 1489
person to which the defendant is committed for treatment or 1490
continuing evaluation and treatment under division (B)(1)(b) of 1491
this section determines that medication is necessary to restore 1492
the defendant's competency to stand trial, and if the defendant 1493
lacks the capacity to give informed consent or refuses medication, 1494
the chief clinical officer of the hospital, facility, or agency 1495
where the defendant is placed, or the managing officer of the 1496
institution, the director of the program or facility, or the 1497
person to which the defendant is committed for treatment or 1498
continuing evaluation and treatment may petition the court for 1499
authorization for the involuntary administration of medication. 1500
The court shall hold a hearing on the petition within five days of 1501
the filing of the petition if the petition was filed in a 1502
municipal court or a county court regarding an incompetent 1503
defendant charged with a misdemeanor or within ten days of the 1504
filing of the petition if the petition was filed in a court of 1505
common pleas regarding an incompetent defendant charged with a 1506
felony offense. Following the hearing, the court may authorize the 1507
involuntary administration of medication or may dismiss the 1508
petition.1509

       (2) If the court finds that the defendant is incompetent to 1510
stand trial and that, even if the defendant is provided with a 1511
course of treatment, there is not a substantial probability that 1512
the defendant will become competent to stand trial within one 1513
year, the court shall order the discharge of the defendant, unless 1514
upon motion of the prosecutor or on its own motion, the court 1515
either seeks to retain jurisdiction over the defendant pursuant to 1516
section 2945.39 of the Revised Code or files an affidavit in the 1517
probate court for the civil commitment of the defendant pursuant 1518
to Chapter 5122. or 5123. of the Revised Code alleging that the 1519
defendant is a mentally ill person subject to hospitalization by1520
court order or a mentally retarded person subject to 1521
institutionalization by court order. If an affidavit is filed in 1522
the probate court, the trial court shall send to the probate court 1523
copies of all written reports of the defendant's mental condition 1524
that were prepared pursuant to section 2945.371 of the Revised 1525
Code.1526

       The trial court may issue the temporary order of detention 1527
that a probate court may issue under section 5122.11 or 5123.71 of 1528
the Revised Code, to remain in effect until the probable cause or 1529
initial hearing in the probate court. Further proceedings in the 1530
probate court are civil proceedings governed by Chapter 5122. or 1531
5123. of the Revised Code.1532

       (C) No defendant shall be required to undergo treatment, 1533
including any continuing evaluation and treatment, under division 1534
(B)(1) of this section for longer than whichever of the following 1535
periods is applicable:1536

       (1) One year, if the most serious offense with which the 1537
defendant is charged is one of the following offenses:1538

       (a) Aggravated murder, murder, or an offense of violence for 1539
which a sentence of death or life imprisonment may be imposed;1540

       (b) An offense of violence that is a felony of the first or 1541
second degree;1542

       (c) A conspiracy to commit, an attempt to commit, or 1543
complicity in the commission of an offense described in division 1544
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or 1545
complicity is a felony of the first or second degree.1546

       (2) Six months, if the most serious offense with which the 1547
defendant is charged is a felony other than a felony described in 1548
division (C)(1) of this section;1549

       (3) Sixty days, if the most serious offense with which the 1550
defendant is charged is a misdemeanor of the first or second 1551
degree;1552

       (4) Thirty days, if the most serious offense with which the 1553
defendant is charged is a misdemeanor of the third or fourth 1554
degree, a minor misdemeanor, or an unclassified misdemeanor.1555

       (D) Any defendant who is committed pursuant to this section 1556
shall not voluntarily admit the defendant or be voluntarily 1557
admitted to a hospital or institution pursuant to section 5122.02, 1558
5122.15, 5123.69, or 5123.76 of the Revised Code.1559

       (E) Except as otherwise provided in this division, a 1560
defendant who is charged with an offense and is committed by the 1561
court under this section to the department of mental health or is 1562
committed to an institution or facility for the treatment of 1563
mental retardation shall not be granted unsupervised on-grounds 1564
movement, supervised off-grounds movement, or nonsecured status 1565
except in accordance with the court order. The court may grant a 1566
defendant supervised off-grounds movement to obtain medical 1567
treatment or specialized habilitation treatment services if the 1568
person who supervises the treatment or the continuing evaluation 1569
and treatment of the defendant ordered under division (B)(1)(a) of 1570
this section informs the court that the treatment or continuing 1571
evaluation and treatment cannot be provided at the hospital or 1572
facility where the defendant is placed by the department of mental 1573
health or the institution or facility to which the defendant is 1574
committed. The chief clinical officer of the hospital or facility 1575
where the defendant is placed by the department of mental health 1576
or the managing officer of the institution or director of the 1577
facility to which the defendant is committed, or a designee of any 1578
of those persons, may grant a defendant movement to a medical 1579
facility for an emergency medical situation with appropriate 1580
supervision to ensure the safety of the defendant, staff, and 1581
community during that emergency medical situation. The chief 1582
clinical officer of the hospital or facility where the defendant 1583
is placed by the department of mental health or the managing 1584
officer of the institution or director of the facility to which 1585
the defendant is committed shall notify the court within 1586
twenty-four hours of the defendant's movement to the medical 1587
facility for an emergency medical situation under this division.1588

       (F) The person who supervises the treatment or continuing 1589
evaluation and treatment of a defendant ordered to undergo 1590
treatment or continuing evaluation and treatment under division 1591
(B)(1)(a) of this section shall file a written report with the 1592
court at the following times:1593

       (1) Whenever the person believes the defendant is capable of 1594
understanding the nature and objective of the proceedings against 1595
the defendant and of assisting in the defendant's defense;1596

       (2) For a felony offense, fourteen days before expiration of 1597
the maximum time for treatment as specified in division (C) of 1598
this section and fourteen days before the expiration of the 1599
maximum time for continuing evaluation and treatment as specified 1600
in division (B)(1)(a) of this section, and, for a misdemeanor 1601
offense, ten days before the expiration of the maximum time for 1602
treatment, as specified in division (C) of this section;1603

       (3) At a minimum, after each six months of treatment;1604

       (4) Whenever the person who supervises the treatment or 1605
continuing evaluation and treatment of a defendant ordered under 1606
division (B)(1)(a) of this section believes that there is not a 1607
substantial probability that the defendant will become capable of 1608
understanding the nature and objective of the proceedings against 1609
the defendant or of assisting in the defendant's defense even if 1610
the defendant is provided with a course of treatment.1611

       (G) A report under division (F) of this section shall contain 1612
the examiner's findings, the facts in reasonable detail on which 1613
the findings are based, and the examiner's opinion as to the 1614
defendant's capability of understanding the nature and objective 1615
of the proceedings against the defendant and of assisting in the 1616
defendant's defense. If, in the examiner's opinion, the defendant 1617
remains incapable of understanding the nature and objective of the 1618
proceedings against the defendant and of assisting in the 1619
defendant's defense and there is a substantial probability that 1620
the defendant will become capable of understanding the nature and 1621
objective of the proceedings against the defendant and of 1622
assisting in the defendant's defense if the defendant is provided 1623
with a course of treatment, if in the examiner's opinion the 1624
defendant remains mentally ill or mentally retarded, and if the 1625
maximum time for treatment as specified in division (C) of this 1626
section has not expired, the report also shall contain the 1627
examiner's recommendation as to the least restrictive placement or 1628
commitment alternative that is consistent with the defendant's 1629
treatment needs for restoration to competency and with the safety 1630
of the community. The court shall provide copies of the report to 1631
the prosecutor and defense counsel.1632

       (H) If a defendant is committed pursuant to division (B)(1) 1633
of this section, within ten days after the treating physician of 1634
the defendant or the examiner of the defendant who is employed or 1635
retained by the treating facility advises that there is not a 1636
substantial probability that the defendant will become capable of 1637
understanding the nature and objective of the proceedings against 1638
the defendant or of assisting in the defendant's defense even if 1639
the defendant is provided with a course of treatment, within ten 1640
days after the expiration of the maximum time for treatment as 1641
specified in division (C) of this section, within ten days after 1642
the expiration of the maximum time for continuing evaluation and 1643
treatment as specified in division (B)(1)(a) of this section, 1644
within thirty days after a defendant's request for a hearing that 1645
is made after six months of treatment, or within thirty days after 1646
being advised by the treating physician or examiner that the 1647
defendant is competent to stand trial, whichever is the earliest, 1648
the court shall conduct another hearing to determine if the 1649
defendant is competent to stand trial and shall do whichever of 1650
the following is applicable:1651

       (1) If the court finds that the defendant is competent to 1652
stand trial, the defendant shall be proceeded against as provided 1653
by law.1654

       (2) If the court finds that the defendant is incompetent to 1655
stand trial, but that there is a substantial probability that the 1656
defendant will become competent to stand trial if the defendant is 1657
provided with a course of treatment, and the maximum time for 1658
treatment as specified in division (C) of this section has not 1659
expired, the court, after consideration of the examiner's 1660
recommendation, shall order that treatment be continued, may 1661
change the facility or program at which the treatment is to be 1662
continued, and shall specify whether the treatment is to be 1663
continued at the same or a different facility or program.1664

       (3) If the court finds that the defendant is incompetent to 1665
stand trial, if the defendant is charged with an offense listed in 1666
division (C)(1) of this section, and if the court finds that there 1667
is not a substantial probability that the defendant will become 1668
competent to stand trial even if the defendant is provided with a 1669
course of treatment, or if the maximum time for treatment relative 1670
to that offense as specified in division (C) of this section has 1671
expired, further proceedings shall be as provided in sections 1672
2945.39, 2945.401, and 2945.402 of the Revised Code.1673

       (4) If the court finds that the defendant is incompetent to 1674
stand trial, if the most serious offense with which the defendant 1675
is charged is a misdemeanor or a felony other than a felony listed 1676
in division (C)(1) of this section, and if the court finds that 1677
there is not a substantial probability that the defendant will 1678
become competent to stand trial even if the defendant is provided 1679
with a course of treatment, or if the maximum time for treatment 1680
relative to that offense as specified in division (C) of this 1681
section has expired, the court shall dismiss the indictment, 1682
information, or complaint against the defendant. A dismissal under 1683
this division is not a bar to further prosecution based on the 1684
same conduct. The court shall discharge the defendant unless the 1685
court or prosecutor files an affidavit in probate court for civil 1686
commitment pursuant to Chapter 5122. or 5123. of the Revised Code. 1687
If an affidavit for civil commitment is filed, the court may 1688
detain the defendant for ten days pending civil commitment. All of 1689
the following provisions apply to persons charged with a 1690
misdemeanor or a felony other than a felony listed in division 1691
(C)(1) of this section who are committed by the probate court 1692
subsequent to the court's or prosecutor's filing of an affidavit 1693
for civil commitment under authority of this division:1694

       (a) The chief clinical officer of the entity, hospital, or 1695
facility, the managing officer of the institution, the director of 1696
the program, or the person to which the defendant is committed or 1697
admitted shall do all of the following:1698

       (i) Notify the prosecutor, in writing, of the discharge of 1699
the defendant, send the notice at least ten days prior to the 1700
discharge unless the discharge is by the probate court, and state 1701
in the notice the date on which the defendant will be discharged;1702

       (ii) Notify the prosecutor, in writing, when the defendant is 1703
absent without leave or is granted unsupervised, off-grounds 1704
movement, and send this notice promptly after the discovery of the 1705
absence without leave or prior to the granting of the 1706
unsupervised, off-grounds movement, whichever is applicable;1707

       (iii) Notify the prosecutor, in writing, of the change of the 1708
defendant's commitment or admission to voluntary status, send the 1709
notice promptly upon learning of the change to voluntary status, 1710
and state in the notice the date on which the defendant was 1711
committed or admitted on a voluntary status.1712

       (b) Upon receiving notice that the defendant will be granted 1713
unsupervised, off-grounds movement, the prosecutor either shall 1714
re-indict the defendant or promptly notify the court that the 1715
prosecutor does not intend to prosecute the charges against the 1716
defendant.1717

       (I) If a defendant is convicted of a crime and sentenced to a 1718
jail or workhouse, the defendant's sentence shall be reduced by 1719
the total number of days the defendant is confined for evaluation 1720
to determine the defendant's competence to stand trial or 1721
treatment under this section and sections 2945.37 and 2945.371 of 1722
the Revised Code or by the total number of days the defendant is 1723
confined for evaluation to determine the defendant's mental 1724
condition at the time of the offense charged.1725

       Sec. 2945.39.  (A) If a defendant who is charged with an 1726
offense described in division (C)(1) of section 2945.38 of the 1727
Revised Code is found incompetent to stand trial, after the 1728
expiration of the maximum time for treatment as specified in 1729
division (C) of that section or after the court finds that there 1730
is not a substantial probability that the defendant will become 1731
competent to stand trial even if the defendant is provided with a 1732
course of treatment, one of the following applies:1733

       (1) The court or the prosecutor may file an affidavit in 1734
probate court for civil commitment of the defendant in the manner 1735
provided in Chapter 5122. or 5123. of the Revised Code. If the 1736
court or prosecutor files an affidavit for civil commitment, the 1737
court may detain the defendant for ten days pending civil 1738
commitment. If the probate court commits the defendant subsequent 1739
to the court's or prosecutor's filing of an affidavit for civil 1740
commitment, the chief clinical officer of the entity, hospital, or 1741
facility, the managing officer of the institution, the director of 1742
the program, or the person to which the defendant is committed or 1743
admitted shall send to the prosecutor the notices described in 1744
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised 1745
Code within the periods of time and under the circumstances 1746
specified in those divisions.1747

       (2) On the motion of the prosecutor or on its own motion, the 1748
court may retain jurisdiction over the defendant if, at a hearing, 1749
the court finds both of the following by clear and convincing 1750
evidence:1751

       (a) The defendant committed the offense with which the 1752
defendant is charged.1753

       (b) The defendant is a mentally ill person subject to 1754
hospitalization by court order or a mentally retarded person 1755
subject to institutionalization by court order.1756

       (B) In making its determination under division (A)(2) of this 1757
section as to whether to retain jurisdiction over the defendant, 1758
the court may consider all relevant evidence, including, but not 1759
limited to, any relevant psychiatric, psychological, or medical 1760
testimony or reports, the acts constituting the offense charged, 1761
and any history of the defendant that is relevant to the 1762
defendant's ability to conform to the law.1763

       (C) If the court conducts a hearing as described in division 1764
(A)(2) of this section and if the court does not make both 1765
findings described in divisions (A)(2)(a) and (b) of this section 1766
by clear and convincing evidence, the court shall dismiss the 1767
indictment, information, or complaint against the defendant. Upon 1768
the dismissal, the court shall discharge the defendant unless the 1769
court or prosecutor files an affidavit in probate court for civil 1770
commitment of the defendant pursuant to Chapter 5122. or 5123. of 1771
the Revised Code. If the court or prosecutor files an affidavit 1772
for civil commitment, the court may order that the defendant be 1773
detained for up to ten days pending the civil commitment. If the 1774
probate court commits the defendant subsequent to the court's or 1775
prosecutor's filing of an affidavit for civil commitment, the 1776
chief clinical officer of the entity, hospital, or facility, the 1777
managing officer of the institution, the director of the program, 1778
or the person to which the defendant is committed or admitted 1779
shall send to the prosecutor the notices described in divisions 1780
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code 1781
within the periods of time and under the circumstances specified 1782
in those divisions. A dismissal of charges under this division is 1783
not a bar to further criminal proceedings based on the same 1784
conduct.1785

       (D)(1) If the court conducts a hearing as described in 1786
division (A)(2) of this section and if the court makes the 1787
findings described in divisions (A)(2)(a) and (b) of this section 1788
by clear and convincing evidence, the court shall commit the 1789
defendant, if determined to require mental health treatment, 1790
either to the department of mental health for treatment at a 1791
hospital, facility, or agency as determined clinically appropriate 1792
by the department of mental health or to another medical or 1793
psychiatric facility, as appropriate. Prior to placing the 1794
defendant, the department of mental health shall obtain court 1795
approval for that placement. If the court conducts such a hearing 1796
and if it makes those findings by clear and convincing evidence, 1797
the court shall commit the defendant, if determined to require 1798
treatment for mental retardation, to a facility operated by the 1799
department of developmental disabilities, or another facility, as 1800
appropriate. In determining the place of commitment, the court 1801
shall consider the extent to which the person is a danger to the 1802
person and to others, the need for security, and the type of crime 1803
involved and shall order the least restrictive alternative 1804
available that is consistent with public safety and the welfare of 1805
the defendant. In weighing these factors, the court shall give 1806
preference to protecting public safety.1807

       (2) If a court makes a commitment of a defendant under 1808
division (D)(1) of this section, the prosecutor shall send to the 1809
hospital, facility, or agency where the defendant is placed by the 1810
department of mental health or to the defendant's place of 1811
commitment all reports of the defendant's current mental condition 1812
and, except as otherwise provided in this division, any other 1813
relevant information, including, but not limited to, a transcript 1814
of the hearing held pursuant to division (A)(2) of this section, 1815
copies of relevant police reports, and copies of any prior arrest 1816
and conviction records that pertain to the defendant and that the 1817
prosecutor possesses. The prosecutor shall send the reports of the 1818
defendant's current mental condition in every case of commitment, 1819
and, unless the prosecutor determines that the release of any of 1820
the other relevant information to unauthorized persons would 1821
interfere with the effective prosecution of any person or would 1822
create a substantial risk of harm to any person, the prosecutor 1823
also shall send the other relevant information. Upon admission of 1824
a defendant committed under division (D)(1) of this section, the 1825
place of commitment shall send to the board of alcohol, drug 1826
addiction, and mental health services or the community mental 1827
health board serving the county in which the charges against the 1828
defendant were filed a copy of all reports of the defendant's 1829
current mental condition and a copy of the other relevant 1830
information provided by the prosecutor under this division, 1831
including, if provided, a transcript of the hearing held pursuant 1832
to division (A)(2) of this section, the relevant police reports, 1833
and the prior arrest and conviction records that pertain to the 1834
defendant and that the prosecutor possesses.1835

       (3) If a court makes a commitment under division (D)(1) of 1836
this section, all further proceedings shall be in accordance with 1837
sections 2945.401 and 2945.402 of the Revised Code.1838

       Sec. 2945.40.  (A) If a person is found not guilty by reason 1839
of insanity, the verdict shall state that finding, and the trial 1840
court shall conduct a full hearing to determine whether the person 1841
is a mentally ill person subject to hospitalization by court order 1842
or a mentally retarded person subject to institutionalization by 1843
court order. Prior to the hearing, if the trial judge believes 1844
that there is probable cause that the person found not guilty by 1845
reason of insanity is a mentally ill person subject to 1846
hospitalization by court order or mentally retarded person subject 1847
to institutionalization by court order, the trial judge may issue 1848
a temporary order of detention for that person to remain in effect 1849
for ten court days or until the hearing, whichever occurs first.1850

       Any person detained pursuant to a temporary order of 1851
detention issued under this division shall be held in a suitable 1852
facility, taking into consideration the place and type of 1853
confinement prior to and during trial.1854

       (B) The court shall hold the hearing under division (A) of 1855
this section to determine whether the person found not guilty by 1856
reason of insanity is a mentally ill person subject to 1857
hospitalization by court order or a mentally retarded person 1858
subject to institutionalization by court order within ten court 1859
days after the finding of not guilty by reason of insanity. 1860
Failure to conduct the hearing within the ten-day period shall 1861
cause the immediate discharge of the respondent, unless the judge 1862
grants a continuance for not longer than ten court days for good 1863
cause shown or for any period of time upon motion of the 1864
respondent.1865

       (C) If a person is found not guilty by reason of insanity, 1866
the person has the right to attend all hearings conducted pursuant 1867
to sections 2945.37 to 2945.402 of the Revised Code. At any 1868
hearing conducted pursuant to one of those sections, the court 1869
shall inform the person that the person has all of the following 1870
rights:1871

       (1) The right to be represented by counsel and to have that 1872
counsel provided at public expense if the person is indigent, with 1873
the counsel to be appointed by the court under Chapter 120. of the 1874
Revised Code or under the authority recognized in division (C) of 1875
section 120.06, division (E) of section 120.16, division (E) of 1876
section 120.26, or section 2941.51 of the Revised Code;1877

       (2) The right to have independent expert evaluation and to 1878
have that independent expert evaluation provided at public expense 1879
if the person is indigent;1880

       (3) The right to subpoena witnesses and documents, to present 1881
evidence on the person's behalf, and to cross-examine witnesses 1882
against the person;1883

       (4) The right to testify in the person's own behalf and to 1884
not be compelled to testify;1885

       (5) The right to have copies of any relevant medical or 1886
mental health document in the custody of the state or of any place 1887
of commitment other than a document for which the court finds that 1888
the release to the person of information contained in the document 1889
would create a substantial risk of harm to any person.1890

       (D) The hearing under division (A) of this section shall be 1891
open to the public, and the court shall conduct the hearing in 1892
accordance with the Rules of Civil Procedure. The court shall make 1893
and maintain a full transcript and record of the hearing 1894
proceedings. The court may consider all relevant evidence, 1895
including, but not limited to, any relevant psychiatric, 1896
psychological, or medical testimony or reports, the acts 1897
constituting the offense in relation to which the person was found 1898
not guilty by reason of insanity, and any history of the person 1899
that is relevant to the person's ability to conform to the law.1900

       (E) Upon completion of the hearing under division (A) of this 1901
section, if the court finds there is not clear and convincing 1902
evidence that the person is a mentally ill person subject to 1903
hospitalization by court order or a mentally retarded person 1904
subject to institutionalization by court order, the court shall 1905
discharge the person, unless a detainer has been placed upon the 1906
person by the department of rehabilitation and correction, in 1907
which case the person shall be returned to that department.1908

       (F) If, at the hearing under division (A) of this section, 1909
the court finds by clear and convincing evidence that the person 1910
is a mentally ill person subject to hospitalization by court 1911
order, the court shall commit the person either to the department 1912
of mental health for treatment in a hospital, facility, or agency 1913
as determined clinically appropriate by the department of mental 1914
health or to another medical or psychiatric facility, as 1915
appropriate. Prior to placing the defendant, the department of 1916
mental health shall obtain court approval for that placement. If, 1917
at the hearing under division (A) of this section, the court 1918
determines by clear and convincing evidence that the person 1919
requires treatment for mental retardation, it shall commit the 1920
person to a facility operated by the department of developmental 1921
disabilities or another facility, as appropriate. Further 1922
proceedings shall be in accordance with sections 2945.401 and 1923
2945.402 of the Revised Code. In determining the place of 1924
commitment, the court shall consider the extent to which the 1925
person is a danger to the person and to others, the need for 1926
security, and the type of crime involved and shall order the least 1927
restrictive alternative available that is consistent with public 1928
safety and the welfare of the person. In weighing these factors, 1929
the court shall give preference to protecting public safety.1930

       (G) If a court makes a commitment of a person under division 1931
(F) of this section, the prosecutor shall send to the hospital, 1932
facility, or agency where the person is placed by the department 1933
of mental health or to the defendant's place of commitment all 1934
reports of the person's current mental condition, and, except as 1935
otherwise provided in this division, any other relevant 1936
information, including, but not limited to, a transcript of the 1937
hearing held pursuant to division (A) of this section, copies of 1938
relevant police reports, and copies of any prior arrest and 1939
conviction records that pertain to the person and that the 1940
prosecutor possesses. The prosecutor shall send the reports of the 1941
person's current mental condition in every case of commitment, 1942
and, unless the prosecutor determines that the release of any of 1943
the other relevant information to unauthorized persons would 1944
interfere with the effective prosecution of any person or would 1945
create a substantial risk of harm to any person, the prosecutor 1946
also shall send the other relevant information. Upon admission of 1947
a person committed under division (F) of this section, the place 1948
of commitment shall send to the board of alcohol, drug addiction, 1949
and mental health services or the community mental health board 1950
serving the county in which the charges against the person were 1951
filed a copy of all reports of the person's current mental 1952
condition and a copy of the other relevant information provided by 1953
the prosecutor under this division, including, if provided, a 1954
transcript of the hearing held pursuant to division (A) of this 1955
section, the relevant police reports, and the prior arrest and 1956
conviction records that pertain to the person and that the 1957
prosecutor possesses. 1958

       (H) A person who is committed pursuant to this section shall 1959
not voluntarily admit the person or be voluntarily admitted to a 1960
hospital or institution pursuant to section 5122.02, 5122.15, 1961
5123.69, or 5123.76 of the Revised Code.1962

       Sec. 2945.401.  (A) A defendant found incompetent to stand 1963
trial and committed pursuant to section 2945.39 of the Revised 1964
Code or a person found not guilty by reason of insanity and 1965
committed pursuant to section 2945.40 of the Revised Code shall 1966
remain subject to the jurisdiction of the trial court pursuant to 1967
that commitment, and to the provisions of this section, until the 1968
final termination of the commitment as described in division 1969
(J)(1) of this section. If the jurisdiction is terminated under 1970
this division because of the final termination of the commitment 1971
resulting from the expiration of the maximum prison term or term 1972
of imprisonment described in division (J)(1)(b) of this section, 1973
the court or prosecutor may file an affidavit for the civil 1974
commitment of the defendant or person pursuant to Chapter 5122. or 1975
5123. of the Revised Code.1976

       (B) A hearing conducted under any provision of sections 1977
2945.37 to 2945.402 of the Revised Code shall not be conducted in 1978
accordance with Chapters 5122. and 5123. of the Revised Code. Any 1979
person who is committed pursuant to section 2945.39 or 2945.40 of 1980
the Revised Code shall not voluntarily admit the person or be 1981
voluntarily admitted to a hospital or institution pursuant to 1982
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code. 1983
All other provisions of Chapters 5122. and 5123. of the Revised 1984
Code regarding hospitalization or institutionalization shall apply 1985
to the extent they are not in conflict with this chapter. A 1986
commitment under section 2945.39 or 2945.40 of the Revised Code 1987
shall not be terminated and the conditions of the commitment shall 1988
not be changed except as otherwise provided in division (D)(2) of 1989
this section with respect to a mentally retarded person subject to 1990
institutionalization by court order or except by order of the 1991
trial court.1992

       (C) The department of mental health or the institution, 1993
facility, or program to which a defendant or person has been 1994
committed under section 2945.39 or 2945.40 of the Revised Code 1995
shall report in writing to the trial court, at the times specified 1996
in this division, as to whether the defendant or person remains a 1997
mentally ill person subject to hospitalization by court order or a 1998
mentally retarded person subject to institutionalization by court 1999
order and, in the case of a defendant committed under section 2000
2945.39 of the Revised Code, as to whether the defendant remains 2001
incompetent to stand trial. The department, institution, facility, 2002
or program shall make the reports after the initial six months of 2003
treatment and every two years after the initial report is made. 2004
The trial court shall provide copies of the reports to the 2005
prosecutor and to the counsel for the defendant or person. Within 2006
thirty days after its receipt pursuant to this division of a 2007
report from the department, institution, facility, or program, the 2008
trial court shall hold a hearing on the continued commitment of 2009
the defendant or person or on any changes in the conditions of the 2010
commitment of the defendant or person. The defendant or person may 2011
request a change in the conditions of confinement, and the trial 2012
court shall conduct a hearing on that request if six months or 2013
more have elapsed since the most recent hearing was conducted 2014
under this section.2015

       (D)(1) Except as otherwise provided in division (D)(2) of 2016
this section, when a defendant or person has been committed under 2017
section 2945.39 or 2945.40 of the Revised Code, at any time after 2018
evaluating the risks to public safety and the welfare of the 2019
defendant or person, the designee of the department of mental 2020
health or the managing officer of the institution or director of 2021
the facility or program to which the defendant or person is 2022
committed may recommend a termination of the defendant's or 2023
person's commitment or a change in the conditions of the 2024
defendant's or person's commitment.2025

       Except as otherwise provided in division (D)(2) of this 2026
section, if the designee of the department of mental health 2027
recommends on-grounds unsupervised movement, off-grounds 2028
supervised movement, or nonsecured status for the defendant or 2029
person or termination of the defendant's or person's commitment, 2030
the following provisions apply:2031

       (a) If the department's designee recommends on-grounds 2032
unsupervised movement or off-grounds supervised movement, the 2033
department's designee shall file with the trial court an 2034
application for approval of the movement and shall send a copy of 2035
the application to the prosecutor. Within fifteen days after 2036
receiving the application, the prosecutor may request a hearing on 2037
the application and, if a hearing is requested, shall so inform 2038
the department's designee. If the prosecutor does not request a 2039
hearing within the fifteen-day period, the trial court shall 2040
approve the application by entering its order approving the 2041
requested movement or, within five days after the expiration of 2042
the fifteen-day period, shall set a date for a hearing on the 2043
application. If the prosecutor requests a hearing on the 2044
application within the fifteen-day period, the trial court shall 2045
hold a hearing on the application within thirty days after the 2046
hearing is requested. If the trial court, within five days after 2047
the expiration of the fifteen-day period, sets a date for a 2048
hearing on the application, the trial court shall hold the hearing 2049
within thirty days after setting the hearing date. At least 2050
fifteen days before any hearing is held under this division, the 2051
trial court shall give the prosecutor written notice of the date, 2052
time, and place of the hearing. At the conclusion of each hearing 2053
conducted under this division, the trial court either shall 2054
approve or disapprove the application and shall enter its order 2055
accordingly.2056

       (b) If the department's designee recommends termination of 2057
the defendant's or person's commitment at any time or if the 2058
department's designee recommends the first of any nonsecured 2059
status for the defendant or person, the department's designee 2060
shall send written notice of this recommendation to the trial 2061
court and to the local forensic center. The local forensic center 2062
shall evaluate the committed defendant or person and, within 2063
thirty days after its receipt of the written notice, shall submit 2064
to the trial court and the department's designee a written report 2065
of the evaluation. The trial court shall provide a copy of the 2066
department's designee's written notice and of the local forensic 2067
center's written report to the prosecutor and to the counsel for 2068
the defendant or person. Upon the local forensic center's 2069
submission of the report to the trial court and the department's 2070
designee, all of the following apply:2071

       (i) If the forensic center disagrees with the recommendation 2072
of the department's designee, it shall inform the department's 2073
designee and the trial court of its decision and the reasons for 2074
the decision. The department's designee, after consideration of 2075
the forensic center's decision, shall either withdraw, proceed 2076
with, or modify and proceed with the recommendation. If the 2077
department's designee proceeds with, or modifies and proceeds 2078
with, the recommendation, the department's designee shall proceed 2079
in accordance with division (D)(1)(b)(iii) of this section.2080

       (ii) If the forensic center agrees with the recommendation of 2081
the department's designee, it shall inform the department's 2082
designee and the trial court of its decision and the reasons for 2083
the decision, and the department's designee shall proceed in 2084
accordance with division (D)(1)(b)(iii) of this section.2085

       (iii) If the forensic center disagrees with the 2086
recommendation of the department's designee and the department's 2087
designee proceeds with, or modifies and proceeds with, the 2088
recommendation or if the forensic center agrees with the 2089
recommendation of the department's designee, the department's 2090
designee shall work with community mental health agencies, 2091
programs, facilities, or boards of alcohol, drug addiction, and 2092
mental health services or community mental health boards to 2093
develop a plan to implement the recommendation. If the defendant 2094
or person is on medication, the plan shall include, but shall not 2095
be limited to, a system to monitor the defendant's or person's 2096
compliance with the prescribed medication treatment plan. The 2097
system shall include a schedule that clearly states when the 2098
defendant or person shall report for a medication compliance 2099
check. The medication compliance checks shall be based upon the 2100
effective duration of the prescribed medication, taking into 2101
account the route by which it is taken, and shall be scheduled at 2102
intervals sufficiently close together to detect a potential 2103
increase in mental illness symptoms that the medication is 2104
intended to prevent.2105

       The department's designee, after consultation with the board 2106
of alcohol, drug addiction, and mental health services or the 2107
community mental health board serving the area, shall send the 2108
recommendation and plan developed under division (D)(1)(b)(iii) of 2109
this section, in writing, to the trial court, the prosecutor, and 2110
the counsel for the committed defendant or person. The trial court 2111
shall conduct a hearing on the recommendation and plan developed 2112
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c) 2113
and (d) and (E) to (J) of this section apply regarding the 2114
hearing.2115

       (c) If the department's designee's recommendation is for 2116
nonsecured status or termination of commitment, the prosecutor may 2117
obtain an independent expert evaluation of the defendant's or 2118
person's mental condition, and the trial court may continue the 2119
hearing on the recommendation for a period of not more than thirty 2120
days to permit time for the evaluation.2121

       The prosecutor may introduce the evaluation report or present 2122
other evidence at the hearing in accordance with the Rules of 2123
Evidence.2124

       (d) The trial court shall schedule the hearing on a 2125
department's designee's recommendation for nonsecured status or 2126
termination of commitment and shall give reasonable notice to the 2127
prosecutor and the counsel for the defendant or person. Unless 2128
continued for independent evaluation at the prosecutor's request 2129
or for other good cause, the hearing shall be held within thirty 2130
days after the trial court's receipt of the recommendation and 2131
plan.2132

       (2)(a) Division (D)(1) of this section does not apply to 2133
on-grounds unsupervised movement of a defendant or person who has 2134
been committed under section 2945.39 or 2945.40 of the Revised 2135
Code, who is a mentally retarded person subject to 2136
institutionalization by court order, and who is being provided 2137
residential habilitation, care, and treatment in a facility 2138
operated by the department of developmental disabilities.2139

       (b) If, pursuant to section 2945.39 of the Revised Code, the 2140
trial court commits a defendant who is found incompetent to stand 2141
trial and who is a mentally retarded person subject to 2142
institutionalization by court order, if the defendant is being 2143
provided residential habilitation, care, and treatment in a 2144
facility operated by the department of developmental disabilities, 2145
if an individual who is conducting a survey for the department of 2146
health to determine the facility's compliance with the 2147
certification requirements of the medicaid program under Chapter 2148
5111. of the Revised Code and Title XIX of the "Social Security 2149
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the 2150
defendant's receipt of the residential habilitation, care, and 2151
treatment in the facility as being inappropriate under the 2152
certification requirements, if the defendant's receipt of the 2153
residential habilitation, care, and treatment in the facility 2154
potentially jeopardizes the facility's continued receipt of 2155
federal medicaid moneys, and if as a result of the citation the 2156
chief clinical officer of the facility determines that the 2157
conditions of the defendant's commitment should be changed, the 2158
department of developmental disabilities may cause the defendant 2159
to be removed from the particular facility and, after evaluating 2160
the risks to public safety and the welfare of the defendant and 2161
after determining whether another type of placement is consistent 2162
with the certification requirements, may place the defendant in 2163
another facility that the department selects as an appropriate 2164
facility for the defendant's continued receipt of residential 2165
habilitation, care, and treatment and that is a no less secure 2166
setting than the facility in which the defendant had been placed 2167
at the time of the citation. Within three days after the 2168
defendant's removal and alternative placement under the 2169
circumstances described in division (D)(2)(b) of this section, the 2170
department of developmental disabilities shall notify the trial 2171
court and the prosecutor in writing of the removal and alternative 2172
placement.2173

       The trial court shall set a date for a hearing on the removal 2174
and alternative placement, and the hearing shall be held within 2175
twenty-one days after the trial court's receipt of the notice from 2176
the department of developmental disabilities. At least ten days 2177
before the hearing is held, the trial court shall give the 2178
prosecutor, the department of developmental disabilities, and the 2179
counsel for the defendant written notice of the date, time, and 2180
place of the hearing. At the hearing, the trial court shall 2181
consider the citation issued by the individual who conducted the 2182
survey for the department of health to be prima-facie evidence of 2183
the fact that the defendant's commitment to the particular 2184
facility was inappropriate under the certification requirements of 2185
the medicaid program under Chapter 5111. of the Revised Code and 2186
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 2187
U.S.C.A. 301, as amended, and potentially jeopardizes the 2188
particular facility's continued receipt of federal medicaid 2189
moneys. At the conclusion of the hearing, the trial court may 2190
approve or disapprove the defendant's removal and alternative 2191
placement. If the trial court approves the defendant's removal and 2192
alternative placement, the department of developmental 2193
disabilities may continue the defendant's alternative placement. 2194
If the trial court disapproves the defendant's removal and 2195
alternative placement, it shall enter an order modifying the 2196
defendant's removal and alternative placement, but that order 2197
shall not require the department of developmental disabilities to 2198
replace the defendant for purposes of continued residential 2199
habilitation, care, and treatment in the facility associated with 2200
the citation issued by the individual who conducted the survey for 2201
the department of health.2202

       (E) In making a determination under this section regarding 2203
nonsecured status or termination of commitment, the trial court 2204
shall consider all relevant factors, including, but not limited 2205
to, all of the following:2206

       (1) Whether, in the trial court's view, the defendant or 2207
person currently represents a substantial risk of physical harm to 2208
the defendant or person or others;2209

       (2) Psychiatric and medical testimony as to the current 2210
mental and physical condition of the defendant or person;2211

       (3) Whether the defendant or person has insight into the 2212
defendant's or person's condition so that the defendant or person 2213
will continue treatment as prescribed or seek professional 2214
assistance as needed;2215

       (4) The grounds upon which the state relies for the proposed 2216
commitment;2217

       (5) Any past history that is relevant to establish the 2218
defendant's or person's degree of conformity to the laws, rules, 2219
regulations, and values of society;2220

       (6) If there is evidence that the defendant's or person's 2221
mental illness is in a state of remission, the medically suggested 2222
cause and degree of the remission and the probability that the 2223
defendant or person will continue treatment to maintain the 2224
remissive state of the defendant's or person's illness should the 2225
defendant's or person's commitment conditions be altered.2226

       (F) At any hearing held pursuant to division (C) or (D)(1) or 2227
(2) of this section, the defendant or the person shall have all 2228
the rights of a defendant or person at a commitment hearing as 2229
described in section 2945.40 of the Revised Code.2230

       (G) In a hearing held pursuant to division (C) or (D)(1) of 2231
this section, the prosecutor has the burden of proof as follows:2232

       (1) For a recommendation of termination of commitment, to 2233
show by clear and convincing evidence that the defendant or person 2234
remains a mentally ill person subject to hospitalization by court 2235
order or a mentally retarded person subject to 2236
institutionalization by court order;2237

       (2) For a recommendation for a change in the conditions of 2238
the commitment to a less restrictive status, to show by clear and 2239
convincing evidence that the proposed change represents a threat 2240
to public safety or a threat to the safety of any person.2241

       (H) In a hearing held pursuant to division (C) or (D)(1) or 2242
(2) of this section, the prosecutor shall represent the state or 2243
the public interest.2244

       (I) At the conclusion of a hearing conducted under division 2245
(D)(1) of this section regarding a recommendation from the 2246
designee of the department of mental health, managing officer of 2247
the institution, or director of a facility or program, the trial 2248
court may approve, disapprove, or modify the recommendation and 2249
shall enter an order accordingly.2250

       (J)(1) A defendant or person who has been committed pursuant 2251
to section 2945.39 or 2945.40 of the Revised Code continues to be 2252
under the jurisdiction of the trial court until the final 2253
termination of the commitment. For purposes of division (J) of 2254
this section, the final termination of a commitment occurs upon 2255
the earlier of one of the following:2256

       (a) The defendant or person no longer is a mentally ill 2257
person subject to hospitalization by court order or a mentally 2258
retarded person subject to institutionalization by court order, as 2259
determined by the trial court;2260

       (b) The expiration of the maximum prison term or term of 2261
imprisonment that the defendant or person could have received if 2262
the defendant or person had been convicted of the most serious 2263
offense with which the defendant or person is charged or in 2264
relation to which the defendant or person was found not guilty by 2265
reason of insanity;2266

       (c) The trial court enters an order terminating the 2267
commitment under the circumstances described in division 2268
(J)(2)(a)(ii) of this section.2269

       (2)(a) If a defendant is found incompetent to stand trial and 2270
committed pursuant to section 2945.39 of the Revised Code, if 2271
neither of the circumstances described in divisions (J)(1)(a) and 2272
(b) of this section applies to that defendant, and if a report 2273
filed with the trial court pursuant to division (C) of this 2274
section indicates that the defendant presently is competent to 2275
stand trial or if, at any other time during the period of the 2276
defendant's commitment, the prosecutor, the counsel for the 2277
defendant, or the designee of the department of mental health or 2278
the managing officer of the institution or director of the 2279
facility or program to which the defendant is committed files an 2280
application with the trial court alleging that the defendant 2281
presently is competent to stand trial and requesting a hearing on 2282
the competency issue or the trial court otherwise has reasonable 2283
cause to believe that the defendant presently is competent to 2284
stand trial and determines on its own motion to hold a hearing on 2285
the competency issue, the trial court shall schedule a hearing on 2286
the competency of the defendant to stand trial, shall give the 2287
prosecutor, the counsel for the defendant, and the department's 2288
designee or the managing officer of the institution or the 2289
director of the facility to which the defendant is committed 2290
notice of the date, time, and place of the hearing at least 2291
fifteen days before the hearing, and shall conduct the hearing 2292
within thirty days of the filing of the application or of its own 2293
motion. If, at the conclusion of the hearing, the trial court 2294
determines that the defendant presently is capable of 2295
understanding the nature and objective of the proceedings against 2296
the defendant and of assisting in the defendant's defense, the 2297
trial court shall order that the defendant is competent to stand 2298
trial and shall be proceeded against as provided by law with 2299
respect to the applicable offenses described in division (C)(1) of 2300
section 2945.38 of the Revised Code and shall enter whichever of 2301
the following additional orders is appropriate:2302

       (i) If the trial court determines that the defendant remains 2303
a mentally ill person subject to hospitalization by court order or 2304
a mentally retarded person subject to institutionalization by 2305
court order, the trial court shall order that the defendant's 2306
commitment to the department of mental health or to an 2307
institution, facility, or program for the treatment of mental 2308
retardation be continued during the pendency of the trial on the 2309
applicable offenses described in division (C)(1) of section 2310
2945.38 of the Revised Code.2311

       (ii) If the trial court determines that the defendant no 2312
longer is a mentally ill person subject to hospitalization by2313
court order or a mentally retarded person subject to 2314
institutionalization by court order, the trial court shall order 2315
that the defendant's commitment to the department of mental health 2316
or to an institution, facility, or program for the treatment of 2317
mental retardation shall not be continued during the pendency of 2318
the trial on the applicable offenses described in division (C)(1) 2319
of section 2945.38 of the Revised Code. This order shall be a 2320
final termination of the commitment for purposes of division 2321
(J)(1)(c) of this section.2322

       (b) If, at the conclusion of the hearing described in 2323
division (J)(2)(a) of this section, the trial court determines 2324
that the defendant remains incapable of understanding the nature 2325
and objective of the proceedings against the defendant or of 2326
assisting in the defendant's defense, the trial court shall order 2327
that the defendant continues to be incompetent to stand trial, 2328
that the defendant's commitment to the department of mental health 2329
or to an institution, facility, or program for the treatment of 2330
mental retardation shall be continued, and that the defendant 2331
remains subject to the jurisdiction of the trial court pursuant to 2332
that commitment, and to the provisions of this section, until the 2333
final termination of the commitment as described in division 2334
(J)(1) of this section.2335

       Sec. 2967.22.  Whenever it is brought to the attention of the 2336
adult parole authority or a department of probation that a 2337
parolee, person under a community control sanction, person under 2338
transitional control, or releasee appears to be a mentally ill 2339
person subject to hospitalization by court order, as defined in 2340
section 5122.01 of the Revised Code, or a mentally retarded person 2341
subject to institutionalization by court order, as defined in 2342
section 5123.01 of the Revised Code, the parole or probation 2343
officer, subject to the approval of the chief of the adult parole 2344
authority, the designee of the chief of the adult parole 2345
authority, or the chief probation officer, may file an affidavit 2346
under section 5122.11 or 5123.71 of the Revised Code. A parolee, 2347
person under a community control sanction, or releasee who is 2348
involuntarily detained under Chapter 5122. or 5123. of the Revised 2349
Code shall receive credit against the period of parole or 2350
community control or the term of post-release control for the 2351
period of involuntary detention.2352

       If a parolee, person under a community control sanction, 2353
person under transitional control, or releasee escapes from an 2354
institution or facility within the department of mental health or 2355
the department of developmental disabilities, the superintendent 2356
of the institution immediately shall notify the chief of the adult 2357
parole authority or the chief probation officer. Notwithstanding 2358
the provisions of section 5122.26 of the Revised Code, the 2359
procedure for the apprehension, detention, and return of the 2360
parolee, person under a community control sanction, person under 2361
transitional control, or releasee is the same as that provided for 2362
the apprehension, detention, and return of persons who escape from 2363
institutions operated by the department of rehabilitation and 2364
correction. If the escaped parolee, person under transitional 2365
control, or releasee is not apprehended and returned to the 2366
custody of the department of mental health or the department of 2367
developmental disabilities within ninety days after the escape, 2368
the parolee, person under transitional control, or releasee shall 2369
be discharged from the custody of the department of mental health 2370
or the department of developmental disabilities and returned to 2371
the custody of the department of rehabilitation and correction. If 2372
the escaped person under a community control sanction is not 2373
apprehended and returned to the custody of the department of 2374
mental health or the department of developmental disabilities 2375
within ninety days after the escape, the person under a community 2376
control sanction shall be discharged from the custody of the 2377
department of mental health or the department of developmental 2378
disabilities and returned to the custody of the court that 2379
sentenced that person.2380

       Sec. 5119.23.  The department of mental health may examine 2381
into, with or without expert assistance, the question of the 2382
mental and physical condition of any person committed to or 2383
involuntarily confined in any hospital for the mentally ill, or 2384
restrained of his liberty at any place within this state by reason 2385
of alleged mental illness and may order and compel the discharge 2386
of any such person who is not a mentally ill person subject to 2387
hospitalization by court order as defined in division (B) of 2388
section 5122.01 of the Revised Code and direct what disposition 2389
shall be made of himthe person. The order of discharge shall be 2390
signed by the director of mental health. Upon receipt of such 2391
order by the superintendent or other person in charge of the 2392
building in which the person named in such order is confined, such 2393
person shall forthwith be discharged or otherwise disposed of 2394
according to the terms of said order, and any further or other 2395
detention of such person is unlawful. No such order shall be made 2396
in favor of any person committed and held for trial on a criminal 2397
charge, in confinement by an order of a judge or court made in a 2398
criminal proceeding, or in any case unless notice is given to the 2399
superintendent or other person having charge of the building in 2400
which the alleged mentally ill person is detained, and a 2401
reasonable opportunity is allowed the person in charge to justify 2402
further detention of the person confined.2403

       Sec. 5120.17.  (A) As used in this section:2404

       (1) "Mental illness" means a substantial disorder of thought, 2405
mood, perception, orientation, or memory that grossly impairs 2406
judgment, behavior, capacity to recognize reality, or ability to 2407
meet the ordinary demands of life.2408

       (2) "Mentally ill person subject to hospitalization" means a 2409
mentally ill person to whom any of the following applies because 2410
of the person's mental illness:2411

       (a) The person represents a substantial risk of physical harm 2412
to the person as manifested by evidence of threats of, or attempts 2413
at, suicide or serious self-inflicted bodily harm.2414

       (b) The person represents a substantial risk of physical harm 2415
to others as manifested by evidence of recent homicidal or other 2416
violent behavior, evidence of recent threats that place another in 2417
reasonable fear of violent behavior and serious physical harm, or 2418
other evidence of present dangerousness.2419

       (c) The person represents a substantial and immediate risk of 2420
serious physical impairment or injury to the person as manifested 2421
by evidence that the person is unable to provide for and is not 2422
providing for the person's basic physical needs because of the 2423
person's mental illness and that appropriate provision for those 2424
needs cannot be made immediately available in the correctional 2425
institution in which the inmate is currently housed.2426

       (d) The person would benefit from treatment in a hospital for 2427
the person's mental illness and is in need of treatment in a 2428
hospital as manifested by evidence of behavior that creates a 2429
grave and imminent risk to substantial rights of others or the 2430
person.2431

       (3) "Psychiatric hospital" means all or part of a facility 2432
that is operated and managed by the department of mental health to 2433
provide psychiatric hospitalization services in accordance with 2434
the requirements of this section pursuant to an agreement between 2435
the directors of rehabilitation and correction and mental health 2436
or, is licensed by the department of mental health pursuant to 2437
section 5119.20 of the Revised Code as a psychiatric hospital and 2438
is accredited by a healthcare accrediting organization approved by 2439
the department of mental health and the psychiatric hospital is 2440
any of the following:2441

       (a) Operated and managed by the department of rehabilitation 2442
and correction within a facility that is operated by the 2443
department of rehabilitation and correction;2444

       (b) Operated and managed by a contractor for the department 2445
of rehabilitation and correction within a facility that is 2446
operated by the department of rehabilitation and correction;2447

       (c) Operated and managed in the community by an entity that 2448
has contracted with the department of rehabilitation and 2449
correction to provide psychiatric hospitalization services in 2450
accordance with the requirements of this section.2451

       (4) "Inmate patient" means an inmate who is admitted to a 2452
psychiatric hospital.2453

       (5) "Admitted" to a psychiatric hospital means being accepted 2454
for and staying at least one night at the psychiatric hospital.2455

       (6) "Treatment plan" means a written statement of reasonable 2456
objectives and goals for an inmate patient that is based on the 2457
needs of the inmate patient and that is established by the 2458
treatment team, with the active participation of the inmate 2459
patient and with documentation of that participation. "Treatment 2460
plan" includes all of the following:2461

       (a) The specific criteria to be used in evaluating progress 2462
toward achieving the objectives and goals;2463

       (b) The services to be provided to the inmate patient during 2464
the inmate patient's hospitalization;2465

       (c) The services to be provided to the inmate patient after 2466
discharge from the hospital, including, but not limited to, 2467
housing and mental health services provided at the state 2468
correctional institution to which the inmate patient returns after 2469
discharge or community mental health services.2470

       (7) "Mentally retarded person subject to institutionalization 2471
by court order" has the same meaning as in section 5123.01 of the 2472
Revised Code.2473

       (8) "Emergency transfer" means the transfer of a mentally ill 2474
inmate to a psychiatric hospital when the inmate presents an 2475
immediate danger to self or others and requires hospital-level 2476
care.2477

       (9) "Uncontested transfer" means the transfer of a mentally 2478
ill inmate to a psychiatric hospital when the inmate has the 2479
mental capacity to, and has waived, the hearing required by 2480
division (B) of this section.2481

       (10)(a) "Independent decision-maker" means a person who is 2482
employed or retained by the department of rehabilitation and 2483
correction and is appointed by the chief or chief clinical officer 2484
of mental health services as a hospitalization hearing officer to 2485
conduct due process hearings.2486

       (b) An independent decision-maker who presides over any 2487
hearing or issues any order pursuant to this section shall be a 2488
psychiatrist, psychologist, or attorney, shall not be specifically 2489
associated with the institution in which the inmate who is the 2490
subject of the hearing or order resides at the time of the hearing 2491
or order, and previously shall not have had any treatment 2492
relationship with nor have represented in any legal proceeding the 2493
inmate who is the subject of the order.2494

       (B)(1) Except as provided in division (C) of this section, if 2495
the warden of a state correctional institution or the warden's 2496
designee believes that an inmate should be transferred from the 2497
institution to a psychiatric hospital, the department shall hold a 2498
hearing to determine whether the inmate is a mentally ill person 2499
subject to hospitalization. The department shall conduct the 2500
hearing at the state correctional institution in which the inmate 2501
is confined, and the department shall provide qualified 2502
independent assistance to the inmate for the hearing. An 2503
independent decision-maker provided by the department shall 2504
preside at the hearing and determine whether the inmate is a 2505
mentally ill person subject to hospitalization.2506

       (2) Except as provided in division (C) of this section, prior 2507
to the hearing held pursuant to division (B)(1) of this section, 2508
the warden or the warden's designee shall give written notice to 2509
the inmate that the department is considering transferring the 2510
inmate to a psychiatric hospital, that it will hold a hearing on 2511
the proposed transfer at which the inmate may be present, that at 2512
the hearing the inmate has the rights described in division (B)(3) 2513
of this section, and that the department will provide qualified 2514
independent assistance to the inmate with respect to the hearing. 2515
The department shall not hold the hearing until the inmate has 2516
received written notice of the proposed transfer and has had 2517
sufficient time to consult with the person appointed by the 2518
department to provide assistance to the inmate and to prepare for 2519
a presentation at the hearing.2520

       (3) At the hearing held pursuant to division (B)(1) of this 2521
section, the department shall disclose to the inmate the evidence 2522
that it relies upon for the transfer and shall give the inmate an 2523
opportunity to be heard. Unless the independent decision-maker 2524
finds good cause for not permitting it, the inmate may present 2525
documentary evidence and the testimony of witnesses at the hearing 2526
and may confront and cross-examine witnesses called by the 2527
department.2528

       (4) If the independent decision-maker does not find clear and 2529
convincing evidence that the inmate is a mentally ill person 2530
subject to hospitalization, the department shall not transfer the 2531
inmate to a psychiatric hospital but shall continue to confine the 2532
inmate in the same state correctional institution or in another 2533
state correctional institution that the department considers 2534
appropriate. If the independent decision-maker finds clear and 2535
convincing evidence that the inmate is a mentally ill person 2536
subject to hospitalization, the decision-maker shall order that 2537
the inmate be transported to a psychiatric hospital for 2538
observation and treatment for a period of not longer than thirty 2539
days. After the hearing, the independent decision-maker shall 2540
submit to the department a written decision that states one of the 2541
findings described in division (B)(4) of this section, the 2542
evidence that the decision-maker relied on in reaching that 2543
conclusion, and, if the decision is that the inmate should be 2544
transferred, the reasons for the transfer.2545

       (C)(1) The department may transfer an inmate to a psychiatric 2546
hospital under an emergency transfer order if the chief clinical 2547
officer of mental health services of the department or that 2548
officer's designee and either a psychiatrist employed or retained 2549
by the department or, in the absence of a psychiatrist, a 2550
psychologist employed or retained by the department determines 2551
that the inmate is mentally ill, presents an immediate danger to 2552
self or others, and requires hospital-level care.2553

       (2) The department may transfer an inmate to a psychiatric 2554
hospital under an uncontested transfer order if both of the 2555
following apply:2556

       (a) A psychiatrist employed or retained by the department 2557
determines all of the following apply:2558

       (i) The inmate has a mental illness or is a mentally ill 2559
person subject to hospitalization.2560

       (ii) The inmate requires hospital care to address the mental 2561
illness.2562

       (iii) The inmate has the mental capacity to make a reasoned 2563
choice regarding the inmate's transfer to a hospital.2564

       (b) The inmate agrees to a transfer to a hospital.2565

       (3) The written notice and the hearing required under 2566
divisions (B)(1) and (2) of this section are not required for an 2567
emergency transfer or uncontested transfer under division (C)(1) 2568
or (2) of this section.2569

       (4) After an emergency transfer under division (C)(1) of this 2570
section, the department shall hold a hearing for continued 2571
hospitalization within five working days after admission of the 2572
transferred inmate to the psychiatric hospital. The department 2573
shall hold subsequent hearings pursuant to division (F) of this 2574
section at the same intervals as required for inmate patients who 2575
are transported to a psychiatric hospital under division (B)(4) of 2576
this section.2577

       (5) After an uncontested transfer under division (C)(2) of 2578
this section, the inmate may withdraw consent to the transfer in 2579
writing at any time. Upon the inmate's withdrawal of consent, the 2580
hospital shall discharge the inmate, or, within five working days, 2581
the department shall hold a hearing for continued hospitalization. 2582
The department shall hold subsequent hearings pursuant to division 2583
(F) of this section at the same time intervals as required for 2584
inmate patients who are transported to a psychiatric hospital 2585
under division (B)(4) of this section.2586

       (D)(1) If an independent decision-maker, pursuant to division 2587
(B)(4) of this section, orders an inmate transported to a 2588
psychiatric hospital or if an inmate is transferred pursuant to 2589
division (C)(1) or (2) of this section, the staff of the 2590
psychiatric hospital shall examine the inmate patient when 2591
admitted to the psychiatric hospital as soon as practicable after 2592
the inmate patient arrives at the hospital and no later than 2593
twenty-four hours after the time of arrival. The attending 2594
physician responsible for the inmate patient's care shall give the 2595
inmate patient all information necessary to enable the patient to 2596
give a fully informed, intelligent, and knowing consent to the 2597
treatment the inmate patient will receive in the hospital. The 2598
attending physician shall tell the inmate patient the expected 2599
physical and medical consequences of any proposed treatment and 2600
shall give the inmate patient the opportunity to consult with 2601
another psychiatrist at the hospital and with the inmate advisor.2602

       (2) No inmate patient who is transported or transferred 2603
pursuant to division (B)(4) or (C)(1) or (2) of this section to a 2604
psychiatric hospital within a facility that is operated by the 2605
department of rehabilitation and correction shall be subjected to 2606
any of the following procedures:2607

       (a) Convulsive therapy;2608

       (b) Major aversive interventions;2609

       (c) Any unusually hazardous treatment procedures;2610

       (d) Psychosurgery.2611

       (E) The department of rehabilitation and correction shall 2612
ensure that an inmate patient hospitalized pursuant to this 2613
section receives or has all of the following:2614

       (1) Receives sufficient professional care within twenty days 2615
of admission to ensure that an evaluation of the inmate patient's 2616
current status, differential diagnosis, probable prognosis, and 2617
description of the current treatment plan have been formulated and 2618
are stated on the inmate patient's official chart;2619

       (2) Has a written treatment plan consistent with the 2620
evaluation, diagnosis, prognosis, and goals of treatment;2621

       (3) Receives treatment consistent with the treatment plan;2622

       (4) Receives periodic reevaluations of the treatment plan by 2623
the professional staff at intervals not to exceed thirty days;2624

       (5) Is provided with adequate medical treatment for physical 2625
disease or injury;2626

       (6) Receives humane care and treatment, including, without 2627
being limited to, the following:2628

       (a) Access to the facilities and personnel required by the 2629
treatment plan;2630

       (b) A humane psychological and physical environment;2631

       (c) The right to obtain current information concerning the 2632
treatment program, the expected outcomes of treatment, and the 2633
expectations for the inmate patient's participation in the 2634
treatment program in terms that the inmate patient reasonably can 2635
understand;2636

       (d) Opportunity for participation in programs designed to 2637
help the inmate patient acquire the skills needed to work toward 2638
discharge from the psychiatric hospital;2639

       (e) The right to be free from unnecessary or excessive 2640
medication and from unnecessary restraints or isolation;2641

       (f) All other rights afforded inmates in the custody of the 2642
department consistent with rules, policy, and procedure of the 2643
department.2644

       (F) The department shall hold a hearing for the continued 2645
hospitalization of an inmate patient who is transported or 2646
transferred to a psychiatric hospital pursuant to division (B)(4) 2647
or (C)(1) of this section prior to the expiration of the initial 2648
thirty-day period of hospitalization. The department shall hold 2649
any subsequent hearings, if necessary, not later than ninety days 2650
after the first thirty-day hearing and then not later than each 2651
one hundred and eighty days after the immediately prior hearing. 2652
An independent decision-maker shall conduct the hearings at the 2653
psychiatric hospital in which the inmate patient is confined. The 2654
inmate patient shall be afforded all of the rights set forth in 2655
this section for the hearing prior to transfer to the psychiatric 2656
hospital. The department may not waive a hearing for continued 2657
commitment. A hearing for continued commitment is mandatory for an 2658
inmate patient transported or transferred to a psychiatric 2659
hospital pursuant to division (B)(4) or (C)(1) of this section 2660
unless the inmate patient has the capacity to make a reasoned 2661
choice to execute a waiver and waives the hearing in writing. An 2662
inmate patient who is transferred to a psychiatric hospital 2663
pursuant to an uncontested transfer under division (C)(2) of this 2664
section and who has scheduled hearings after withdrawal of consent 2665
for hospitalization may waive any of the scheduled hearings if the 2666
inmate has the capacity to make a reasoned choice and executes a 2667
written waiver of the hearing.2668

       If upon completion of the hearing the independent 2669
decision-maker does not find by clear and convincing evidence that 2670
the inmate patient is a mentally ill person subject to 2671
hospitalization, the independent decision-maker shall order the 2672
inmate patient's discharge from the psychiatric hospital. If the 2673
independent decision-maker finds by clear and convincing evidence 2674
that the inmate patient is a mentally ill person subject to 2675
hospitalization, the independent decision-maker shall order that 2676
the inmate patient remain at the psychiatric hospital for 2677
continued hospitalization until the next required hearing.2678

       If at any time prior to the next required hearing for 2679
continued hospitalization, the medical director of the hospital or 2680
the attending physician determines that the treatment needs of the 2681
inmate patient could be met equally well in an available and 2682
appropriate less restrictive state correctional institution or 2683
unit, the medical director or attending physician may discharge 2684
the inmate to that facility.2685

       (G) An inmate patient is entitled to the credits toward the 2686
reduction of the inmate patient's stated prison term pursuant to 2687
Chapters 2967. and 5120. of the Revised Code under the same terms 2688
and conditions as if the inmate patient were in any other 2689
institution of the department of rehabilitation and correction.2690

       (H) The adult parole authority may place an inmate patient on 2691
parole or under post-release control directly from a psychiatric 2692
hospital.2693

       (I) If an inmate patient who is a mentally ill person subject 2694
to hospitalization is to be released from a psychiatric hospital 2695
because of the expiration of the inmate patient's stated prison 2696
term, the director of rehabilitation and correction or the 2697
director's designee, at least fourteen days before the expiration 2698
date, may file an affidavit under section 5122.11 or 5123.71 of 2699
the Revised Code with the probate court in the county where the 2700
psychiatric hospital is located or the probate court in the county 2701
where the inmate will reside, alleging that the inmate patient is 2702
a mentally ill person subject to hospitalization by court order or 2703
a mentally retarded person subject to institutionalization by 2704
court order, whichever is applicable. The proceedings in the 2705
probate court shall be conducted pursuant to Chapter 5122. or 2706
5123. of the Revised Code except as modified by this division.2707

       Upon the request of the inmate patient, the probate court 2708
shall grant the inmate patient an initial hearing under section 2709
5122.141 of the Revised Code or a probable cause hearing under 2710
section 5123.75 of the Revised Code before the expiration of the 2711
stated prison term. After holding a full hearing, the probate 2712
court shall make a disposition authorized by section 5122.15 or 2713
5123.76 of the Revised Code before the date of the expiration of 2714
the stated prison term. No inmate patient shall be held in the 2715
custody of the department of rehabilitation and correction past 2716
the date of the expiration of the inmate patient's stated prison 2717
term.2718

       (J) The department of rehabilitation and correction shall set 2719
standards for treatment provided to inmate patients.2720

       (K) A certificate, application, record, or report that is 2721
made in compliance with this section and that directly or 2722
indirectly identifies an inmate or former inmate whose 2723
hospitalization has been sought under this section is 2724
confidential. No person shall disclose the contents of any 2725
certificate, application, record, or report of that nature or any 2726
other psychiatric or medical record or report regarding a mentally 2727
ill inmate unless one of the following applies:2728

       (1) The person identified, or the person's legal guardian, if 2729
any, consents to disclosure, and the chief clinical officer or 2730
designee of mental health services of the department of 2731
rehabilitation and correction determines that disclosure is in the 2732
best interests of the person.2733

       (2) Disclosure is required by a court order signed by a 2734
judge.2735

       (3) An inmate patient seeks access to the inmate patient's 2736
own psychiatric and medical records, unless access is specifically 2737
restricted in the treatment plan for clear treatment reasons.2738

       (4) Hospitals and other institutions and facilities within 2739
the department of rehabilitation and correction may exchange 2740
psychiatric records and other pertinent information with other 2741
hospitals, institutions, and facilities of the department, but the 2742
information that may be released about an inmate patient is 2743
limited to medication history, physical health status and history, 2744
summary of course of treatment in the hospital, summary of 2745
treatment needs, and a discharge summary, if any.2746

       (5) An inmate patient's family member who is involved in 2747
planning, providing, and monitoring services to the inmate patient 2748
may receive medication information, a summary of the inmate 2749
patient's diagnosis and prognosis, and a list of the services and 2750
personnel available to assist the inmate patient and family if the 2751
attending physician determines that disclosure would be in the 2752
best interest of the inmate patient. No disclosure shall be made 2753
under this division unless the inmate patient is notified of the 2754
possible disclosure, receives the information to be disclosed, and 2755
does not object to the disclosure.2756

       (6) The department of rehabilitation and correction may 2757
exchange psychiatric hospitalization records, other mental health 2758
treatment records, and other pertinent information with county 2759
sheriffs' offices, hospitals, institutions, and facilities of the 2760
department of mental health and with community mental health 2761
agencies and boards of alcohol, drug addiction, and mental health 2762
services with which the department of mental health has a current 2763
agreement for patient care or services to ensure continuity of 2764
care. Disclosure under this division is limited to records 2765
regarding a mentally ill inmate's medication history, physical 2766
health status and history, summary of course of treatment, summary 2767
of treatment needs, and a discharge summary, if any. No office, 2768
department, agency, or board shall disclose the records and other 2769
information unless one of the following applies:2770

       (a) The mentally ill inmate is notified of the possible 2771
disclosure and consents to the disclosure.2772

       (b) The mentally ill inmate is notified of the possible 2773
disclosure, an attempt to gain the consent of the inmate is made, 2774
and the office, department, agency, or board documents the attempt 2775
to gain consent, the inmate's objections, if any, and the reasons 2776
for disclosure in spite of the inmate's objections.2777

       (7) Information may be disclosed to staff members designated 2778
by the director of rehabilitation and correction for the purpose 2779
of evaluating the quality, effectiveness, and efficiency of 2780
services and determining if the services meet minimum standards.2781

       The name of an inmate patient shall not be retained with the 2782
information obtained during the evaluations.2783

       (L) The director of rehabilitation and correction may adopt 2784
rules setting forth guidelines for the procedures required under 2785
divisions (B), (C)(1), and (C)(2) of this section.2786

       Sec. 5122.01.  As used in this chapter and Chapter 5119. of 2787
the Revised Code:2788

       (A) "Mental illness" means a substantial disorder of thought, 2789
mood, perception, orientation, or memory that grossly impairs 2790
judgment, behavior, capacity to recognize reality, or ability to 2791
meet the ordinary demands of life.2792

       (B) "Mentally ill person subject to hospitalization by court 2793
order" means a mentally ill person who, because of the person's 2794
illness:2795

       (1) Represents a substantial risk of physical harm to self as 2796
manifested by evidence of threats of, or attempts at, suicide or 2797
serious self-inflicted bodily harm;2798

       (2) Represents a substantial risk of physical harm to others 2799
as manifested by evidence of recent homicidal or other violent 2800
behavior, evidence of recent threats that place another in 2801
reasonable fear of violent behavior and serious physical harm, or 2802
other evidence of present dangerousness;2803

       (3) Represents a substantial and immediate risk of serious 2804
physical impairment or injury to self as manifested by evidence 2805
that the person is unable to provide for and is not providing for 2806
the person's basic physical needs because of the person's mental 2807
illness and that appropriate provision for those needs cannot be 2808
made immediately available in the community; or2809

       (4) Would benefit from treatment in a hospital for the 2810
person's mental illness and is in need of such treatment as 2811
manifested by evidence of behavior that creates a grave and 2812
imminent risk to substantial rights of others or the persondue to 2813
all of the following:2814

        (a) The substantial likelihood that, if the person is not 2815
treated, the person's current condition will further deteriorate 2816
to the point that the person will meet criteria in division 2817
(B)(1), (2), or (3) of this section.2818

        (b) The person has demonstrated difficulty in adhering to 2819
reasonable and appropriate prescribed treatment.2820

       (c) The likelihood that the person will not voluntarily 2821
participate in treatment despite a risk of serious impairment or 2822
injury to self or others.2823

       (C)(1) "Patient" means, subject to division (C)(2) of this 2824
section, a person who is admitted either voluntarily or 2825
involuntarily to a hospital or other place under section 2945.39, 2826
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a 2827
finding of not guilty by reason of insanity or incompetence to 2828
stand trial or under this chapter, who is under observation or 2829
receiving treatment in such place.2830

       (2) "Patient" does not include a person admitted to a 2831
hospital or other place under section 2945.39, 2945.40, 2945.401, 2832
or 2945.402 of the Revised Code to the extent that the reference 2833
in this chapter to patient, or the context in which the reference 2834
occurs, is in conflict with any provision of sections 2945.37 to 2835
2945.402 of the Revised Code.2836

       (D) "Licensed physician" means a person licensed under the 2837
laws of this state to practice medicine or a medical officer of 2838
the government of the United States while in this state in the 2839
performance of the person's official duties.2840

       (E) "Psychiatrist" means a licensed physician who has 2841
satisfactorily completed a residency training program in 2842
psychiatry, as approved by the residency review committee of the 2843
American medical association, the committee on post-graduate 2844
education of the American osteopathic association, or the American 2845
osteopathic board of neurology and psychiatry, or who on July 1, 2846
1989, has been recognized as a psychiatrist by the Ohio state 2847
medical association or the Ohio osteopathic association on the 2848
basis of formal training and five or more years of medical 2849
practice limited to psychiatry.2850

       (F) "Hospital" means a hospital or inpatient unit licensed by 2851
the department of mental health under section 5119.20 of the 2852
Revised Code, and any institution, hospital, or other place 2853
established, controlled, or supervised by the department under 2854
Chapter 5119. of the Revised Code.2855

       (G) "Public hospital" means a facility that is tax-supported 2856
and under the jurisdiction of the department of mental health.2857

       (H) "Community mental health agency" means an agency that 2858
provides community mental health services that are certified by 2859
the director of mental health under section 5119.611 of the 2860
Revised Code.2861

       (I) "Licensed clinical psychologist" means a person who holds 2862
a current valid psychologist license issued under section 4732.12 2863
or 4732.15 of the Revised Code, and in addition, meets either of 2864
the following criteria:2865

       (1) Meets the educational requirements set forth in division 2866
(B) of section 4732.10 of the Revised Code and has a minimum of 2867
two years' full-time professional experience, or the equivalent as 2868
determined by rule of the state board of psychology, at least one 2869
year of which shall be a predoctoral internship, in clinical 2870
psychological work in a public or private hospital or clinic or in 2871
private practice, diagnosing and treating problems of mental 2872
illness or mental retardation under the supervision of a 2873
psychologist who is licensed or who holds a diploma issued by the 2874
American board of professional psychology, or whose qualifications 2875
are substantially similar to those required for licensure by the 2876
state board of psychology when the supervision has occurred prior 2877
to enactment of laws governing the practice of psychology;2878

       (2) Meets the educational requirements set forth in division 2879
(B) of section 4732.15 of the Revised Code and has a minimum of 2880
four years' full-time professional experience, or the equivalent 2881
as determined by rule of the state board of psychology, in 2882
clinical psychological work in a public or private hospital or 2883
clinic or in private practice, diagnosing and treating problems of 2884
mental illness or mental retardation under supervision, as set 2885
forth in division (I)(1) of this section.2886

       (J) "Health officer" means any public health physician; 2887
public health nurse; or other person authorized by or designated 2888
by a city health district; a general health district; or a board 2889
of alcohol, drug addiction, and mental health services to perform 2890
the duties of a health officer under this chapter.2891

       (K) "Chief clinical officer" means the medical director of a 2892
hospital, or a community mental health agency, or a board of 2893
alcohol, drug addiction, and mental health services, or, if there 2894
is no medical director, the licensed physician responsible for the 2895
treatment a hospital or community mental health agency provides. 2896
The chief clinical officer may delegate to the attending physician 2897
responsible for a patient's care the duties imposed on the chief 2898
clinical officer by this chapter. Within a community mental health 2899
agency, the chief clinical officer shall be designated by the 2900
governing body of the agency and shall be a licensed physician or 2901
licensed clinical psychologist who supervises diagnostic and 2902
treatment services. A licensed physician or licensed clinical 2903
psychologist designated by the chief clinical officer may perform 2904
the duties and accept the responsibilities of the chief clinical 2905
officer in the chief clinical officer's absence.2906

       (L) "Working day" or "court day" means Monday, Tuesday, 2907
Wednesday, Thursday, and Friday, except when such day is a 2908
holiday.2909

       (M) "Indigent" means unable without deprivation of 2910
satisfaction of basic needs to provide for the payment of an 2911
attorney and other necessary expenses of legal representation, 2912
including expert testimony.2913

       (N) "Respondent" means the person whose detention, 2914
commitment, hospitalization, continued hospitalization or 2915
commitment, or discharge is being sought in any proceeding under 2916
this chapter.2917

       (O) "Ohio protection and advocacy system" has the same 2918
meaning as in section 5123.60 of the Revised Code.2919

       (P) "Independent expert evaluation" means an evaluation 2920
conducted by a licensed clinical psychologist, psychiatrist, or 2921
licensed physician who has been selected by the respondent or the 2922
respondent's counsel and who consents to conducting the 2923
evaluation.2924

       (Q) "Court" means the probate division of the court of common 2925
pleas.2926

       (R) "Expunge" means:2927

       (1) The removal and destruction of court files and records, 2928
originals and copies, and the deletion of all index references;2929

       (2) The reporting to the person of the nature and extent of 2930
any information about the person transmitted to any other person 2931
by the court;2932

       (3) Otherwise insuring that any examination of court files 2933
and records in question shall show no record whatever with respect 2934
to the person;2935

       (4) That all rights and privileges are restored, and that the 2936
person, the court, and any other person may properly reply that no 2937
such record exists, as to any matter expunged.2938

       (S) "Residence" means a person's physical presence in a 2939
county with intent to remain there, except that:2940

       (1) If a person is receiving a mental health service at a 2941
facility that includes nighttime sleeping accommodations, 2942
residence means that county in which the person maintained the 2943
person's primary place of residence at the time the person entered 2944
the facility;2945

       (2) If a person is committed pursuant to section 2945.38, 2946
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, 2947
residence means the county where the criminal charges were filed.2948

       When the residence of a person is disputed, the matter of 2949
residence shall be referred to the department of mental health for 2950
investigation and determination. Residence shall not be a basis 2951
for a board's denying services to any person present in the 2952
board's service district, and the board shall provide services for 2953
a person whose residence is in dispute while residence is being 2954
determined and for a person in an emergency situation.2955

       (T) "Admission" to a hospital or other place means that a 2956
patient is accepted for and stays at least one night at the 2957
hospital or other place.2958

       (U) "Prosecutor" means the prosecuting attorney, village 2959
solicitor, city director of law, or similar chief legal officer 2960
who prosecuted a criminal case in which a person was found not 2961
guilty by reason of insanity, who would have had the authority to 2962
prosecute a criminal case against a person if the person had not 2963
been found incompetent to stand trial, or who prosecuted a case in 2964
which a person was found guilty.2965

       (V)(1) "Treatment plan" means a written statement of 2966
reasonable objectives and goals for an individual established by 2967
the treatment team, with specific criteria to evaluate progress 2968
towards achieving those objectives. The2969

       (2) The active participation of the patient in establishing 2970
the objectives and goals shall be documented. The treatment plan 2971
shall be based on patient needs and include services to be 2972
provided to the patient while the patient is hospitalized and,2973
after the patient is discharged, or in an outpatient setting. The 2974
treatment plan shall address services to be provided upon 2975
discharge, including. The services may include, but are not 2976
limited to housing, financial, and vocational servicesall of the 2977
following:2978

        (a) Community psychiatric supportive treatment;2979

        (b) Assertive community treatment;2980

        (c) Medications;2981

        (d) Individual or group therapy;2982

        (e) Peer support services;2983

        (f) Financial services;2984

        (g) Housing or supervised living services;2985

        (h) Alcohol or substance abuse treatment;2986

        (i) Any other services prescribed to treat the patient's 2987
mental illness and to either assist the patient in living and 2988
functioning in the community or to help prevent a relapse or a 2989
deterioration of the patient's current condition.2990

       (3) If the person subject to the treatment plan has executed 2991
an advanced directive for mental health treatment, the treatment 2992
team shall consider any directions included in such advanced 2993
directive in developing the treatment plan.2994

       (W) "Community control sanction" has the same meaning as in 2995
section 2929.01 of the Revised Code.2996

       (X) "Post-release control sanction" has the same meaning as 2997
in section 2967.01 of the Revised Code.2998

       (Y) "Local correctional facility" has the same meaning as in 2999
division (D)(4) of section 2903.13 of the Revised Code.3000

       Sec. 5122.03.  A patient admitted under section 5122.02 of 3001
the Revised Code who requests release in writing, or whose release 3002
is requested in writing by the patient's counsel, legal guardian, 3003
parent, spouse, or adult next of kin shall be released forthwith, 3004
except that when:3005

       (A) The patient was admitted on the patient's own application 3006
and the request for release is made by a person other than the 3007
patient, release may be conditional upon the agreement of the 3008
patient; or3009

       (B) The chief clinical officer of the hospital, within three 3010
court days from the receipt of the request for release, files or 3011
causes to be filed with the court of the county where the patient 3012
is hospitalized or of the county where the patient is a resident, 3013
an affidavit under section 5122.11 of the Revised Code. Release 3014
may be postponed until the hearing held under section 5122.141 of 3015
the Revised Code. A telephone communication within three court 3016
days from the receipt of the request for release from the chief 3017
clinical officer to the court, indicating that the required 3018
affidavit has been mailed, is sufficient compliance with the time 3019
limit for filing such affidavit.3020

       Unless the patient is released within three days from the 3021
receipt of the request by the chief clinical officer, the request 3022
shall serve as a request for an initial hearing under section 3023
5122.141 of the Revised Code. If the court finds that the patient 3024
is a mentally ill person subject to hospitalization by court 3025
order, all provisions of this chapter with respect to involuntary 3026
hospitalization apply to such person.3027

       Judicial proceedings for hospitalization shall not be 3028
commenced with respect to a voluntary patient except pursuant to 3029
this section.3030

       Sections 5121.30 to 5121.56 of the Revised Code apply to 3031
persons received in a hospital operated by the department of 3032
mental health on a voluntary application.3033

       The chief clinical officer of the hospital shall provide 3034
reasonable means and arrangements for informing patients of their 3035
rights to release as provided in this section and for assisting 3036
them in making and presenting requests for release or for a 3037
hearing under section 5122.141 of the Revised Code.3038

       Before a patient is released from a public hospital, the 3039
chief clinical officer shall, when possible, notify the board of 3040
the patient's county of residence of the patient's pending release 3041
after the chief clinical officer has informed the patient that the 3042
board will be so notified.3043

       Sec. 5122.05.  (A) The chief clinical officer of a hospital 3044
may, and the chief clinical officer of a public hospital in all 3045
cases of psychiatric medical emergencies, shall receive for 3046
observation, diagnosis, care, and treatment any person whose 3047
admission is applied for under any of the following procedures:3048

       (1) Emergency procedure, as provided in section 5122.10 of 3049
the Revised Code;3050

       (2) Judicial procedure as provided in sections 2945.38, 3051
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of 3052
the Revised Code.3053

       Upon application for such admission, the chief clinical 3054
officer of a hospital immediately shall notify the board of the 3055
patient's county of residence. To assist the hospital in 3056
determining whether the patient is subject to involuntary 3057
hospitalization and whether alternative services are available, 3058
the board or an agency the board designates promptly shall assess 3059
the patient unless the board or agency already has performed such 3060
assessment, or unless the commitment is pursuant to section 3061
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 3062
Code.3063

       (B) No person who is being treated by spiritual means through 3064
prayer alone, in accordance with a recognized religious method of 3065
healing, may be involuntarily committed unless the court has 3066
determined that the person represents a substantial risk of 3067
impairment or injury to self or others;3068

       (C) Any person who is involuntarily detained in a hospital or 3069
otherwise is in custody under this chapter, immediately upon being 3070
taken into custody, shall be informed and provided with a written 3071
statement that the person may do any of the following:3072

       (1) Immediately make a reasonable number of telephone calls 3073
or use other reasonable means to contact an attorney, a licensed 3074
physician, or a licensed clinical psychologist, to contact any 3075
other person or persons to secure representation by counsel, or to 3076
obtain medical or psychological assistance, and be provided 3077
assistance in making calls if the assistance is needed and 3078
requested;3079

       (2) Retain counsel and have independent expert evaluation of 3080
the person's mental condition and, if the person is unable to 3081
obtain an attorney or independent expert evaluation, be 3082
represented by court-appointed counsel or have independent expert 3083
evaluation of the person's mental condition, or both, at public 3084
expense if the person is indigent;3085

       (3) Have a hearing to determine whether or not the person is 3086
a mentally ill person subject to hospitalization by court order.3087

       Sec. 5122.10.  Any psychiatrist, licensed clinical 3088
psychologist, licensed physician, health officer, parole officer, 3089
police officer, or sheriff may take a person into custody, or the 3090
chief of the adult parole authority or a parole or probation 3091
officer with the approval of the chief of the authority may take a 3092
parolee, an offender under a community control sanction or a 3093
post-release control sanction, or an offender under transitional 3094
control into custody and may immediately transport the parolee, 3095
offender on community control or post-release control, or offender 3096
under transitional control to a hospital or, notwithstanding 3097
section 5119.20 of the Revised Code, to a general hospital not 3098
licensed by the department of mental health where the parolee, 3099
offender on community control or post-release control, or offender 3100
under transitional control may be held for the period prescribed 3101
in this section, if the psychiatrist, licensed clinical 3102
psychologist, licensed physician, health officer, parole officer, 3103
police officer, or sheriff has reason to believe that the person 3104
is a mentally ill person subject to hospitalization by court order 3105
under division (B) of section 5122.01 of the Revised Code, and 3106
represents a substantial risk of physical harm to self or others 3107
if allowed to remain at liberty pending examination.3108

       A written statement shall be given to such hospital by the 3109
transporting psychiatrist, licensed clinical psychologist, 3110
licensed physician, health officer, parole officer, police 3111
officer, chief of the adult parole authority, parole or probation 3112
officer, or sheriff stating the circumstances under which such 3113
person was taken into custody and the reasons for the 3114
psychiatrist's, licensed clinical psychologist's, licensed 3115
physician's, health officer's, parole officer's, police officer's, 3116
chief of the adult parole authority's, parole or probation 3117
officer's, or sheriff's belief. This statement shall be made 3118
available to the respondent or the respondent's attorney upon 3119
request of either.3120

       Every reasonable and appropriate effort shall be made to take 3121
persons into custody in the least conspicuous manner possible. A 3122
person taking the respondent into custody pursuant to this section 3123
shall explain to the respondent: the name, professional 3124
designation, and agency affiliation of the person taking the 3125
respondent into custody; that the custody-taking is not a criminal 3126
arrest; and that the person is being taken for examination by 3127
mental health professionals at a specified mental health facility 3128
identified by name.3129

       If a person taken into custody under this section is 3130
transported to a general hospital, the general hospital may admit 3131
the person, or provide care and treatment for the person, or both, 3132
notwithstanding section 5119.20 of the Revised Code, but by the 3133
end of twenty-four hours after arrival at the general hospital, 3134
the person shall be transferred to a hospital as defined in 3135
section 5122.01 of the Revised Code.3136

       A person transported or transferred to a hospital or 3137
community mental health agency under this section shall be 3138
examined by the staff of the hospital or agency within twenty-four 3139
hours after arrival at the hospital or agency. If to conduct the 3140
examination requires that the person remain overnight, the 3141
hospital or agency shall admit the person in an unclassified 3142
status until making a disposition under this section. After the 3143
examination, if the chief clinical officer of the hospital or 3144
agency believes that the person is not a mentally ill person 3145
subject to hospitalization by court order, the chief clinical 3146
officer shall release or discharge the person immediately unless a 3147
court has issued a temporary order of detention applicable to the 3148
person under section 5122.11 of the Revised Code. After the 3149
examination, if the chief clinical officer believes that the 3150
person is a mentally ill person subject to hospitalization by3151
court order, the chief clinical officer may detain the person for 3152
not more than three court days following the day of the 3153
examination and during such period admit the person as a voluntary 3154
patient under section 5122.02 of the Revised Code or file an 3155
affidavit under section 5122.11 of the Revised Code. If neither 3156
action is taken and a court has not otherwise issued a temporary 3157
order of detention applicable to the person under section 5122.11 3158
of the Revised Code, the chief clinical officer shall discharge 3159
the person at the end of the three-day period unless the person 3160
has been sentenced to the department of rehabilitation and 3161
correction and has not been released from the person's sentence, 3162
in which case the person shall be returned to that department.3163

       Sec. 5122.11.  Proceedings for the hospitalization of a 3164
personcourt-ordered treatment pursuant to sections 5122.11 to 3165
5122.15 of the Revised Code shall be commenced by the filing of an 3166
affidavit in the manner and form prescribed by the department of 3167
mental health and in a form prescribed in section 5122.111 of the 3168
Revised Code, by any person or persons with the probate court, 3169
either on reliable information or actual knowledge, whichever is 3170
determined to be proper by the court. This section does not apply 3171
to the hospitalization of a person pursuant to section 2945.39, 3172
2945.40, 2945.401, or 2945.402 of the Revised Code.3173

       The affidavit shall contain an allegation setting forth the 3174
specific category or categories under division (B) of section 3175
5122.01 of the Revised Code upon which the jurisdiction of the 3176
court is based and a statement of alleged facts sufficient to 3177
indicate probable cause to believe that the person is a mentally 3178
ill person subject to hospitalization by court order. The 3179
affidavit may be accompanied, or the court may require that the 3180
affidavit be accompanied, by a certificate of a psychiatrist, or a 3181
certificate signed by a licensed clinical psychologist and a 3182
certificate signed by a licensed physician stating that the person 3183
who issued the certificate has examined the person and is of the 3184
opinion that the person is a mentally ill person subject to 3185
hospitalization by court order, or shall be accompanied by a 3186
written statement by the applicant, under oath, that the person 3187
has refused to submit to an examination by a psychiatrist, or by a 3188
licensed clinical psychologist and licensed physician.3189

       Upon receipt of the affidavit, if a judge of the court or a 3190
referee who is an attorney at law appointed by the court has 3191
probable cause to believe that the person named in the affidavit 3192
is a mentally ill person subject to hospitalization by court 3193
order, the judge or referee may issue a temporary order of 3194
detention ordering any health or police officer or sheriff to take 3195
into custody and transport the person to a hospital or other place 3196
designated in section 5122.17 of the Revised Code, or may set the 3197
matter for further hearing.3198

       The person may be observed and treated until the hearing 3199
provided for in section 5122.141 of the Revised Code. If no such 3200
hearing is held, the person may be observed and treated until the 3201
hearing provided for in section 5122.15 of the Revised Code.3202

       Sec. 5122.111.  To initiate proceedings for court-ordered 3203
treatment of a person under section 5122.11 of the Revised Code, a 3204
person or persons shall file an affidavit with the probate court 3205
that is identical in form and content to the following:3206

       AFFIDAVIT OF MENTAL ILLNESS3207

3208
The State of Ohio 3209
..................... County, ss. 3210
..................... Court 3211

................................................................. 3212
the undersigned, residing at 3213
................................................................. 3214
says, that he/she has information to believe or has actual knowledge that 3215
................................................................. 3216

(Please specify specific category(ies) below with an X.)
3217

[ ] Represents a substantial risk of physical harm to self as 3218
manifested by evidence of threats of, or attempts at, suicide or 3219
serious self-inflicted bodily harm;3220

[ ] Represents a substantial risk of physical harm to others as 3221
manifested by evidence of recent homicidal or other violent 3222
behavior or evidence of recent threats that place another in 3223
reasonable fear of violent behavior and serious physical harm or 3224
other evidence of present dangerousness;3225

[ ] Represents a substantial and immediate risk of serious 3226
physical impairment or injury to self as manifested by evidence of 3227
being unable to provide for and of not providing for basic 3228
physical needs because of mental illness and that appropriate 3229
provision for such needs cannot be made immediately available in 3230
the community; or3231

[ ] Would benefit from treatment due to all of the following:3232

(a) The substantial likelihood that, if the person is not treated, 3233
the person's current condition will further deteriorate to the 3234
point that the person will meet the criteria in one of the three 3235
prior paragraphs.3236

(b) The person has demonstrated difficulty in adhering to 3237
reasonable and appropriate prescribed treatment.3238

(c) The likelihood that the person will not voluntarily 3239
participate in treatment despite a risk of serious impairment or 3240
injury to self or others.3241

................................................................. 3242
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows: 3243
................................................................. 3244
................................................................. 3245
................................................................. 3246
................................................................. 3247
................................................................. 3248
................................................................. 3249
These facts being sufficient to indicate probable cause that the 3250
above said person is a mentally ill person subject to 3251
court order. 3252



Name of Patient's Last Physician or Licensed Clinical Psychologist 3253
................................................................. 3254
Address of Patient's Last Physician or Licensed Clinical Psychologist 3255
................................................................. 3256
................................................................. 3257



The name and address of respondent's legal guardian, spouse, and 3258
adult next of kin are:3259



Name Kinship Address 3260
  3261
Legal Guardian 3262
3263
  3264
Spouse 3265
3266
  3267
Adult Next of Kin 3268
3269
  3270
Adult Next of Kin 3271
3272



The following constitutes additional information that may be 3273
necessary for the purpose of determining residence: 3274
................................................................. 3275
................................................................. 3276
................................................................. 3277
................................................................. 3278
................................................................. 3279

Dated this ............. day of ..............., 20...3280



3281
Signature of the party filing the affidavit 3282

Sworn to before me and signed in my presence on the day and year 3283
above dated.3284



3285
Signature of Probate Judge 3286



3287
Signature of Deputy Clerk 3288



WAIVER
3289

I, the undersigned party filing the affidavit hereby waive the 3290
issuing and service of notice of the hearing on said affidavit, 3291
and voluntarily enter my appearance herein.3292



Dated this ............. day of ..............., 20...3293



3294
Signature of the party filing the affidavit 3295


       Sec. 5122.13.  Upon receipt of the affidavit required by 3297
section 5122.11 of the Revised Code, the probate court shall refer 3298
the affidavit to the board of alcohol, drug addiction, and mental 3299
health services or an agency the board designates to assist the 3300
court in determining whether the respondent is subject to 3301
hospitalization and whether alternative services including 3302
outpatient treatment are available, unless the agency or board has 3303
already performed such screening. The board or agency shall review 3304
the allegations of the affidavit and other information relating to 3305
whether or not the person named in the affidavit or statement is a 3306
mentally ill person subject to hospitalization by court order, 3307
and the availability of appropriate treatment alternatives.3308

       The person who conducts the investigation shall promptly make 3309
a report to the court, in writing, in open court or in chambers, 3310
as directed by the court and a full record of the report shall be 3311
made by the court. The report is not admissible as evidence for 3312
the purpose of establishing whether or not the respondent is a 3313
mentally ill person subject to hospitalization by court order, but 3314
shall be considered by the court in its determination of an 3315
appropriate placement for any person after that person is found to 3316
be a mentally ill person subject to hospitalizationcourt order.3317

       The court, prior to the hearing under section 5122.141 of the 3318
Revised Code, shall release a copy of the investigative report to 3319
the respondent's counsel.3320

       Nothing in this section precludes a judge or referee from 3321
issuing a temporary order of detention pursuant to section 5122.11 3322
of the Revised Code.3323

       Sec. 5122.141.  (A) A respondent who is involuntarily placed 3324
in a hospital or other place as designated in section 5122.10 or 3325
5122.17 of the Revised Code, or with respect to whom proceedings 3326
have been instituted under section 5122.11 of the Revised Code, 3327
shall be afforded a hearing to determine whether or not the 3328
respondent is a mentally ill person subject to hospitalization by3329
court order. The hearing shall be conducted pursuant to section 3330
5122.15 of the Revised Code.3331

       (B) The hearing shall be conducted within five court days 3332
from the day on which the respondent is detained or an affidavit 3333
is filed, whichever occurs first, in a physical setting not likely 3334
to have a harmful effect on the respondent, and may be conducted 3335
in a hospital in or out of the county. On the motion of the 3336
respondent, histhe respondent's counsel, the chief clinical 3337
officer, or on its own motion, and for good cause shown, the court 3338
may order a continuance of the hearing. The continuance may be for 3339
no more than ten days from the day on which the respondent is 3340
detained or on which an affidavit is filed, whichever occurs 3341
first. Failure to conduct the hearing within this time shall 3342
effect an immediate discharge of the respondent. If the 3343
proceedings are not reinstituted within thirty days, all records 3344
of the proceedings shall be expunged.3345

       (C) If the court does not find that the respondent is a 3346
mentally ill person subject to hospitalization by court order, it 3347
shall order histhe respondent's immediate discharge, and shall 3348
expunge all record of the proceedings during this period.3349

       (D) If the court finds that the respondent is a mentally ill 3350
person subject to hospitalization by court order, the court may 3351
issue an interim order of detention ordering any health or police 3352
officer or sheriff to take into custody and transport such person 3353
to a hospital or other place designated in section 5122.17 of the 3354
Revised Code, where the respondent may be observed and treated.3355

       (E) A respondent or hisa respondent's counsel, after 3356
obtaining the consent of the respondent, may waive the hearing 3357
provided for in this section. In such case, unless the person has 3358
been discharged, a mandatory full hearing shall be held by the 3359
thirtieth day after the original involuntary detention of the 3360
respondent. Failure to conduct the mandatory full hearing within 3361
this time limit shall result in the immediate discharge of the 3362
respondent.3363

       (F) Where possible, the initial hearing shall be held before 3364
the respondent is taken into custody.3365

       Sec. 5122.15.  (A) Full hearings shall be conducted in a 3366
manner consistent with this chapter and with due process of law. 3367
The hearings shall be conducted by a judge of the probate court or 3368
a referee designated by a judge of the probate court and may be 3369
conducted in or out of the county in which the respondent is held. 3370
Any referee designated under this division shall be an attorney.3371

       (1) With the consent of the respondent, the following shall 3372
be made available to counsel for the respondent:3373

       (a) All relevant documents, information, and evidence in the 3374
custody or control of the state or prosecutor;3375

       (b) All relevant documents, information, and evidence in the 3376
custody or control of the hospital in which the respondent 3377
currently is held, or in which the respondent has been held 3378
pursuant to this chapter;3379

       (c) All relevant documents, information, and evidence in the 3380
custody or control of any hospital, facility, or person not 3381
included in division (A)(1)(a) or (b) of this section.3382

       (2) The respondent has the right to attend the hearing and to 3383
be represented by counsel of the respondent's choice. The right to 3384
attend the hearing may be waived only by the respondent or counsel 3385
for the respondent after consultation with the respondent.3386

       (3) If the respondent is not represented by counsel, is 3387
absent from the hearing, and has not validly waived the right to 3388
counsel, the court shall appoint counsel immediately to represent 3389
the respondent at the hearing, reserving the right to tax costs of 3390
appointed counsel to the respondent, unless it is shown that the 3391
respondent is indigent. If the court appoints counsel, or if the 3392
court determines that the evidence relevant to the respondent's 3393
absence does not justify the absence, the court shall continue the 3394
case.3395

       (4) The respondent shall be informed that the respondent may 3396
retain counsel and have independent expert evaluation. If the 3397
respondent is unable to obtain an attorney, the respondent shall 3398
be represented by court-appointed counsel. If the respondent is 3399
indigent, court-appointed counsel and independent expert 3400
evaluation shall be provided as an expense under section 5122.43 3401
of the Revised Code.3402

       (5) The hearing shall be closed to the public, unless counsel 3403
for the respondent, with the permission of the respondent, 3404
requests that the hearing be open to the public.3405

       (6) If the hearing is closed to the public, the court, for 3406
good cause shown, may admit persons who have a legitimate interest 3407
in the proceedings. If the respondent, the respondent's counsel, 3408
the designee of the director or of the chief clinical officer 3409
objects to the admission of any person, the court shall hear the 3410
objection and any opposing argument and shall rule upon the 3411
admission of the person to the hearing.3412

       (7) The affiant under section 5122.11 of the Revised Code 3413
shall be subject to subpoena by either party.3414

       (8) The court shall examine the sufficiency of all documents 3415
filed and shall inform the respondent, if present, and the 3416
respondent's counsel of the nature and content of the documents 3417
and the reason for which the respondent is being detained, or for 3418
which the respondent's placement is being sought.3419

       (9) The court shall receive only reliable, competent, and 3420
material evidence.3421

       (10) Unless proceedings are initiated pursuant to section 3422
5120.17 or 5139.08 of the Revised Code or proceedings are 3423
initiated regarding a resident of the service district of a board 3424
of alcohol, drug addiction, and mental health services that elects 3425
under division (C)(2) of section 5119.62 of the Revised Code not 3426
to accept the amount allocated to it under that section, an 3427
attorney that the board designates shall present the case 3428
demonstrating that the respondent is a mentally ill person subject 3429
to hospitalization by court order. The attorney shall offer 3430
evidence of the diagnosis, prognosis, record of treatment, if any, 3431
and less restrictive treatment plans, if any. In proceedings 3432
pursuant to section 5120.17 or 5139.08 of the Revised Code and in 3433
proceedings in which the respondent is a resident of a service 3434
district of a board that elects under division (C)(2) of section 3435
5119.62 of the Revised Code not to accept the amount allocated to 3436
it under that section, the attorney general shall designate an 3437
attorney who shall present the case demonstrating that the 3438
respondent is a mentally ill person subject to hospitalization by3439
court order. The attorney shall offer evidence of the diagnosis, 3440
prognosis, record of treatment, if any, and less restrictive 3441
treatment plans, if any.3442

       (11) The respondent or the respondent's counsel has the right 3443
to subpoena witnesses and documents and to examine and 3444
cross-examine witnesses.3445

       (12) The respondent has the right, but shall not be 3446
compelled, to testify, and shall be so advised by the court.3447

       (13) On motion of the respondent or the respondent's counsel 3448
for good cause shown, or on the court's own motion, the court may 3449
order a continuance of the hearing.3450

       (14) If the respondent is represented by counsel and the 3451
respondent's counsel requests a transcript and record, or if the 3452
respondent is not represented by counsel, the court shall make and 3453
maintain a full transcript and record of the proceeding. If the 3454
respondent is indigent and the transcript and record is made, a 3455
copy shall be provided to the respondent upon request and be 3456
treated as an expense under section 5122.43 of the Revised Code.3457

       (15) To the extent not inconsistent with this chapter, the 3458
Rules of Civil Procedure are applicable.3459

       (B) Unless, upon completion of the hearing the court finds by 3460
clear and convincing evidence that the respondent is a mentally 3461
ill person subject to hospitalization by court order, it shall 3462
order the respondent's discharge immediately.3463

       (C) If, upon completion of the hearing, the court finds by 3464
clear and convincing evidence that the respondent is a mentally 3465
ill person subject to hospitalization by court order, the court 3466
shall order the respondent for a period not to exceed ninety days 3467
to any of the following:3468

       (1) A hospital operated by the department of mental health if 3469
the respondent is committed pursuant to section 5139.08 of the 3470
Revised Code;3471

       (2) A nonpublic hospital;3472

       (3) The veterans' administration or other agency of the 3473
United States government;3474

       (4) A board of alcohol, drug addiction, and mental health 3475
services or agency the board designates;3476

       (5) Receive private psychiatric or psychological care and 3477
treatment;3478

       (6) Any other suitable facility or person consistent with the 3479
diagnosis, prognosis, and treatment needs of the respondent. A 3480
jail or other local correctional facility is not a suitable 3481
facility.3482

       (D) Any order made pursuant to division (C)(2), (3), (5), or 3483
(6) of this section shall be conditioned upon the receipt by the 3484
court of consent by the hospital, facility, agency, or person to 3485
accept the respondent.3486

       (E) In determining the place to which, or the person, board, 3487
or agency with whom, the respondent is to be committed under 3488
division (C) of this section, the court shall consider the 3489
diagnosis, prognosis, preferences of the respondent and the 3490
projected treatment plan for the respondent and shall order the 3491
implementation of the least restrictive alternative available and 3492
consistent with treatment goals. If the court determines that the 3493
least restrictive alternative available that is consistent with 3494
treatment goals is inpatient hospitalization, the court's order 3495
shall so state.3496

       (F) During suchthe ninety-day period the hospital; facility; 3497
board of alcohol, drug addiction, and mental health services; 3498
agency the board designates; or person shall examine and treat the 3499
individual. If the individual is receiving treatment in an 3500
outpatient setting, or receives treatment in an outpatient setting 3501
during a subsequent period of continued commitment under division 3502
(H) of this section, the board, agency, or person to whom the 3503
individual is committed shall determine the appropriate outpatient 3504
treatment for the individual. If, at any time prior to the 3505
expiration of the ninety-day period, it is determined by the 3506
hospital, facility, board, agency, or person that the respondent's 3507
treatment needs could be equally well met in an available and 3508
appropriate less restrictive environmentsetting, both of the 3509
following apply:3510

       (1) The respondent shall be released from the care of the 3511
hospital, board, agency, facility, or person immediately and shall 3512
be referred to the court together with a report of the findings 3513
and recommendations of the hospital, board, agency, facility, or 3514
person; and3515

       (2) The hospital, board, agency, facility, or person shall 3516
notify the respondent's counsel or the attorney designated by a 3517
board of alcohol, drug addiction, and mental health services or, 3518
if the respondent was committed to a board or an agency designated 3519
by the board, it shall place the respondent in the least 3520
restrictive environmentsetting available consistent with 3521
treatment goals and notify the court and the respondent's counsel 3522
of the placement.3523

       The court shall dismiss the case or order placement in the 3524
least restrictive environmentsetting.3525

       (G)(1) Except as provided in divisions (G)(2) and (3) of this 3526
section, any person who has been committed under this section, or 3527
for whom proceedings for hospitalizationtreatment have been 3528
commenced pursuant to section 5122.11 of the Revised Code, may 3529
apply at any time for voluntary admission or commitment to the 3530
hospital, facility, agency,that the board designates, or person 3531
to which the person was committed. Upon admission as a voluntary 3532
patient the chief clinical officer of the hospital, agency, or 3533
other facility, or the person immediately shall notify the court, 3534
the patient's counsel, and the attorney designated by the board, 3535
if the attorney has entered the proceedings, in writing of that 3536
fact, and, upon receipt of the notice, the court shall dismiss the 3537
case. 3538

       (2) A person who is found incompetent to stand trial or not 3539
guilty by reason of insanity and who is committed pursuant to 3540
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 3541
Code shall not voluntarily commit the person pursuant to this 3542
section until after the final termination of the commitment, as 3543
described in division (J) of section 2945.401 of the Revised Code.3544

       (H) If, at the end of the first ninety-day period or any 3545
subsequent period of continued commitment, there has been no 3546
disposition of the case, either by discharge or voluntary 3547
admission or commitment, the hospital, facility, board, agency, or 3548
person shall discharge the patient immediately, unless at least 3549
ten days before the expiration of the period the attorney the 3550
board designates or the prosecutor files with the court an 3551
application for continued commitment. The application of the 3552
attorney or the prosecutor shall include a written report 3553
containing the diagnosis, prognosis, past treatment, a list of 3554
alternative treatment settings and plans, and identification of 3555
the treatment setting that is the least restrictive consistent 3556
with treatment needs. The attorney the board designates or the 3557
prosecutor shall file the written report at least three days prior 3558
to the full hearing. A copy of the application and written report 3559
shall be provided to the respondent's counsel immediately.3560

       The court shall hold a full hearing on applications for 3561
continued commitment at the expiration of the first ninety-day 3562
period and at least every two years after the expiration of the 3563
first ninety-day period.3564

       Hearings following any application for continued commitment 3565
are mandatory and may not be waived.3566

       Upon request of a person who is involuntarily committed under 3567
this section, or the person's counsel, that is made more than one 3568
hundred eighty days after the person's last full hearing, 3569
mandatory or requested, the court shall hold a full hearing on the 3570
person's continued commitment. Upon the application of a person 3571
involuntarily committed under this section, supported by an 3572
affidavit of a psychiatrist or licensed clinical psychologist, 3573
alleging that the person no longer is a mentally ill person 3574
subject to hospitalization by court order, the court for good 3575
cause shown may hold a full hearing on the person's continued 3576
commitment prior to the expiration of one hundred eighty days 3577
after the person's last full hearing. Section 5122.12 of the 3578
Revised Code applies to all hearings on continued commitment.3579

       If the court, after a hearing for continued commitment finds 3580
by clear and convincing evidence that the respondent is a mentally 3581
ill person subject to hospitalization by court order, the court 3582
may order continued commitment at places or to persons specified 3583
in division (C) of this section.3584

       (I) Unless the admission is pursuant to section 5120.17 or 3585
5139.08 of the Revised Code, the chief clinical officer of the 3586
hospital or agency admitting a respondent pursuant to a judicial 3587
proceeding, within ten working days of the admission, shall make a 3588
report of the admission to the board of alcohol, drug addiction, 3589
and mental health services serving the respondent's county of 3590
residence.3591

       (J) A referee appointed by the court may make all orders that 3592
a judge may make under this section and sections 5122.11 and 3593
5122.141 of the Revised Code, except an order of contempt of 3594
court. The orders of a referee take effect immediately. Within 3595
fourteen days of the making of an order by a referee, a party may 3596
file written objections to the order with the court. The filed 3597
objections shall be considered a motion, shall be specific, and 3598
shall state their grounds with particularity. Within ten days of 3599
the filing of the objections, a judge of the court shall hold a 3600
hearing on the objections and may hear and consider any testimony 3601
or other evidence relating to the respondent's mental condition. 3602
At the conclusion of the hearing, the judge may ratify, rescind, 3603
or modify the referee's order.3604

       (K) An order of the court under division (C), (H), or (J) of 3605
this section is a final order.3606

       (L) Before a board, or an agency the board designates, may 3607
place an unconsenting respondent in an inpatient setting from a 3608
less restrictive placement, the board or agency shall do all of 3609
the following:3610

       (1) Determine that the respondent is in immediate need of 3611
treatment in an inpatient setting because the respondent 3612
represents a substantial risk of physical harm to the respondent 3613
or others if allowed to remain in a less restrictive setting;3614

       (2) On the day of placement in the inpatient setting or on 3615
the next court day, file with the court a motion for transfer to 3616
an inpatient setting or communicate to the court by telephone that 3617
the required motion has been mailed;3618

       (3) Ensure that every reasonable and appropriate effort is 3619
made to take the respondent to the inpatient setting in the least 3620
conspicuous manner possible;3621

       (4) Immediately notify the board's designated attorney and 3622
the respondent's attorney.3623

       At the respondent's request, the court shall hold a hearing 3624
on the motion and make a determination pursuant to division (E) of 3625
this section within five days of the placement.3626

       (M) Before a board, or an agency the board designates, may 3627
move a respondent from one residential placement to another, the 3628
board or agency shall consult with the respondent about the 3629
placement. If the respondent objects to the placement, the 3630
proposed placement and the need for it shall be reviewed by a 3631
qualified mental health professional who otherwise is not involved 3632
in the treatment of the respondent.3633

       Sec. 5122.19.  Every person transported to a hospital or 3634
community mental health agency pursuant to sections 5122.11 to 3635
5122.16 of the Revised Code, shall be examined by the staff of the 3636
hospital or agency as soon as practicable after his arrival at the 3637
hospital or agency. Such an examination shall be held within 3638
twenty-four hours after the time of arrival, and if the chief 3639
clinical officer fails after such an examination to certify that 3640
in histhe chief clinical officer's opinion the person is a 3641
mentally ill person subject to hospitalization by court order, the 3642
person shall be immediately released.3643

       Sec. 5122.21.  (A) The chief clinical officer shall as 3644
frequently as practicable, and at least once every thirty days, 3645
examine or cause to be examined every patient, and, whenever the 3646
chief clinical officer determines that the conditions justifying 3647
involuntary hospitalization or commitment no longer obtain, shall 3648
discharge the patient not under indictment or conviction for crime 3649
and immediately make a report of the discharge to the department 3650
of mental health. The chief clinical officer may discharge a 3651
patient who is under an indictment, a sentence of imprisonment, a 3652
community control sanction, or a post-release control sanction or 3653
on parole ten days after written notice of intent to discharge the 3654
patient has been given by personal service or certified mail, 3655
return receipt requested, to the court having criminal 3656
jurisdiction over the patient. Except when the patient was found 3657
not guilty by reason of insanity and the defendant's commitment is 3658
pursuant to section 2945.40 of the Revised Code, the chief 3659
clinical officer has final authority to discharge a patient who is 3660
under an indictment, a sentence of imprisonment, a community 3661
control sanction, or a post-release control sanction or on parole.3662

       (B) After a finding pursuant to section 5122.15 of the 3663
Revised Code that a person is a mentally ill person subject to 3664
hospitalization by court order, the chief clinical officer of the 3665
hospital or agency to which the person is ordered or to which the 3666
person is transferred under section 5122.20 of the Revised Code, 3667
may grant a discharge without the consent or authorization of any 3668
court.3669

       Upon discharge from a hospital, the chief clinical officer 3670
shall notify the court that caused the judicial hospitalization of 3671
the discharge from the hospital.3672

       Sec. 5122.27.  The chief clinical officer of the hospital or 3673
the chief clinical officer's designee shall assure that all 3674
patients hospitalized or committed pursuant to this chapter shall:3675

       (A) Receive, within twenty days of their admission sufficient 3676
professional care to assure that an evaluation of current status, 3677
differential diagnosis, probable prognosis, and description of the 3678
current treatment plan is stated on the official chart;3679

       (B) Have a written treatment plan consistent with the 3680
evaluation, diagnosis, prognosis, and goals which shall be 3681
provided, upon request of the patient or patient's counsel, to the 3682
patient's counsel and to any private physician or licensed 3683
clinical psychologist designated by the patient or the patient's 3684
counsel or to the Ohio protection and advocacy system;3685

       (C) Receive treatment consistent with the treatment plan. The 3686
department of mental health shall set standards for treatment 3687
provided to such patients, consistent wherever possible with 3688
standards set by the joint commission on accreditation of 3689
healthcare organizations.3690

       (D) Receive periodic reevaluations of the treatment plan by 3691
the professional staff at intervals not to exceed ninety days;3692

       (E) Be provided with adequate medical treatment for physical 3693
disease or injury;3694

       (F) Receive humane care and treatment, including without 3695
limitation, the following:3696

       (1) The least restrictive environment consistent with the 3697
treatment plan;3698

       (2) The necessary facilities and personnel required by the 3699
treatment plan;3700

       (3) A humane psychological and physical environment;3701

       (4) The right to obtain current information concerning the 3702
patient's treatment program and expectations in terms that the 3703
patient can reasonably understand;3704

       (5) Participation in programs designed to afford the patient 3705
substantial opportunity to acquire skills to facilitate return to 3706
the community or to terminate an involuntary commitment;3707

       (6) The right to be free from unnecessary or excessive 3708
medication;3709

       (7) Freedom from restraints or isolation unless it is stated 3710
in a written order by the chief clinical officer or the chief 3711
clinical officer's designee, or the patient's individual physician 3712
or psychologist in a private or general hospital.3713

       If the chief clinical officer of the hospital is unable to 3714
provide the treatment required by divisions (C), (E), and (F) of 3715
this section for any patient hospitalized pursuant to Chapter 3716
5122. of the Revised Code, the chief clinical officer shall 3717
immediately notify the patient, the court, the Ohio protection and 3718
advocacy system, the director of mental health, and the patient's 3719
counsel and legal guardian, if known. If within ten days after 3720
receipt of such notification by the director, the director is 3721
unable to effect a transfer of the patient, pursuant to section 3722
5122.20 of the Revised Code, to a hospital, community mental 3723
health agency, or other medical facility where treatment is 3724
available, or has not received an order of the court to the 3725
contrary, the involuntary commitment of any patient hospitalized 3726
pursuant to Chapter 5122. of the Revised Code and defined as a 3727
mentally ill person subject to hospitalization by court order 3728
under division (B)(4) of section 5122.01 of the Revised Code shall 3729
automatically be terminated.3730

       Sec. 5122.30.  Any person detained pursuant to this chapter 3731
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 3732
Code shall be entitled to the writ of habeas corpus upon proper 3733
petition by self or by a friend to any court generally empowered 3734
to issue the writ of habeas corpus in the county in which the 3735
person is detained.3736

       No person may bring a petition for a writ of habeas corpus 3737
that alleges that a person involuntarily detained pursuant to this 3738
chapter no longer is a mentally ill person subject to 3739
hospitalization by court order unless the person shows that the 3740
release procedures of division (H) of section 5122.15 of the 3741
Revised Code are inadequate or unavailable.3742

       Sec. 5122.31.  (A) All certificates, applications, records, 3743
and reports made for the purpose of this chapter and sections 3744
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised 3745
Code, other than court journal entries or court docket entries, 3746
and directly or indirectly identifying a patient or former patient 3747
or person whose hospitalization or commitment has been sought 3748
under this chapter, shall be kept confidential and shall not be 3749
disclosed by any person except:3750

       (1) If the person identified, or the person's legal guardian, 3751
if any, or if the person is a minor, the person's parent or legal 3752
guardian, consents, and if the disclosure is in the best interests 3753
of the person, as may be determined by the court for judicial 3754
records and by the chief clinical officer for medical records;3755

       (2) When disclosure is provided for in this chapter or 3756
section 5123.601 of the Revised Code;3757

       (3) That hospitals, boards of alcohol, drug addiction, and 3758
mental health services, and community mental health agencies may 3759
release necessary medical information to insurers and other 3760
third-party payers, including government entities responsible for 3761
processing and authorizing payment, to obtain payment for goods 3762
and services furnished to the patient;3763

       (4) Pursuant to a court order signed by a judge;3764

       (5) That a patient shall be granted access to the patient's 3765
own psychiatric and medical records, unless access specifically is 3766
restricted in a patient's treatment plan for clear treatment 3767
reasons;3768

       (6) That hospitals and other institutions and facilities 3769
within the department of mental health may exchange psychiatric 3770
records and other pertinent information with other hospitals, 3771
institutions, and facilities of the department, and with community 3772
mental health agencies and boards of alcohol, drug addiction, and 3773
mental health services with which the department has a current 3774
agreement for patient care or services. Records and information 3775
that may be released pursuant to this division shall be limited to 3776
medication history, physical health status and history, financial 3777
status, summary of course of treatment in the hospital, summary of 3778
treatment needs, and a discharge summary, if any.3779

       (7) That hospitals within the department, other institutions 3780
and facilities within the department, hospitals licensed by the 3781
department under section 5119.20 of the Revised Code, and 3782
community mental health agencies may exchange psychiatric records 3783
and other pertinent information with payers and other providers of 3784
treatment and health services if the purpose of the exchange is to 3785
facilitate continuity of care for a patient;3786

       (8) That a patient's family member who is involved in the 3787
provision, planning, and monitoring of services to the patient may 3788
receive medication information, a summary of the patient's 3789
diagnosis and prognosis, and a list of the services and personnel 3790
available to assist the patient and the patient's family, if the 3791
patient's treating physician determines that the disclosure would 3792
be in the best interests of the patient. No such disclosure shall 3793
be made unless the patient is notified first and receives the 3794
information and does not object to the disclosure.3795

       (9) That community mental health agencies may exchange 3796
psychiatric records and certain other information with the board 3797
of alcohol, drug addiction, and mental health services and other 3798
agencies in order to provide services to a person involuntarily 3799
committed to a board. Release of records under this division shall 3800
be limited to medication history, physical health status and 3801
history, financial status, summary of course of treatment, summary 3802
of treatment needs, and discharge summary, if any.3803

       (10) That information may be disclosed to the executor or the 3804
administrator of an estate of a deceased patient when the 3805
information is necessary to administer the estate;3806

       (11) That records in the possession of the Ohio historical 3807
society may be released to the closest living relative of a 3808
deceased patient upon request of that relative;3809

       (12) That information may be disclosed to staff members of 3810
the appropriate board or to staff members designated by the 3811
director of mental health for the purpose of evaluating the 3812
quality, effectiveness, and efficiency of services and determining 3813
if the services meet minimum standards. Information obtained 3814
during such evaluations shall not be retained with the name of any 3815
patient.3816

       (13) That records pertaining to the patient's diagnosis, 3817
course of treatment, treatment needs, and prognosis shall be 3818
disclosed and released to the appropriate prosecuting attorney if 3819
the patient was committed pursuant to section 2945.38, 2945.39, 3820
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the 3821
attorney designated by the board for proceedings pursuant to 3822
involuntary commitment under this chapter.3823

       (14) That the department of mental health may exchange 3824
psychiatric hospitalization records, other mental health treatment 3825
records, and other pertinent information with the department of 3826
rehabilitation and correction to ensure continuity of care for 3827
inmates who are receiving mental health services in an institution 3828
of the department of rehabilitation and correction. The department 3829
shall not disclose those records unless the inmate is notified, 3830
receives the information, and does not object to the disclosure. 3831
The release of records under this division is limited to records 3832
regarding an inmate's medication history, physical health status 3833
and history, summary of course of treatment, summary of treatment 3834
needs, and a discharge summary, if any.3835

       (15) That a community mental health agency that ceases to 3836
operate may transfer to either a community mental health agency 3837
that assumes its caseload or to the board of alcohol, drug 3838
addiction, and mental health services of the service district in 3839
which the patient resided at the time services were most recently 3840
provided any treatment records that have not been transferred 3841
elsewhere at the patient's request.3842

       (B) Before records are disclosed pursuant to divisions 3843
(A)(3), (6), and (9) of this section, the custodian of the records 3844
shall attempt to obtain the patient's consent for the disclosure. 3845
No person shall reveal the contents of a medical record of a 3846
patient except as authorized by law.3847

       (C) The managing officer of a hospital who releases necessary 3848
medical information under division (A)(3) of this section to allow 3849
an insurance carrier or other third party payor to comply with 3850
section 5121.43 of the Revised Code shall neither be subject to 3851
criminal nor civil liability.3852

       Sec. 5122.311. (A) Notwithstanding any provision of the 3853
Revised Code to the contrary, if, on or after the effective date 3854
of this sectionApril 8, 2004, an individual is found by a court 3855
to be a mentally ill person subject to hospitalization by court 3856
order or becomes an involuntary patient other than one who is a 3857
patient only for purposes of observation, the probate judge who 3858
made the adjudication or the chief clinical officer of the 3859
hospital, agency, or facility in which the person is an 3860
involuntary patient shall notify the bureau of criminal 3861
identification and investigation, on the form described in 3862
division (C) of this section, of the identity of the individual. 3863
The notification shall be transmitted by the judge or the chief 3864
clinical officer not later than seven days after the adjudication 3865
or commitment.3866

       (B) The bureau of criminal identification and investigation 3867
shall compile and maintain the notices it receives under division 3868
(A) of this section and shall use them for the purpose of 3869
conducting incompetency records checks pursuant to section 311.41 3870
of the Revised Code. The notices and the information they contain 3871
are confidential, except as provided in this division, and are not 3872
public records.3873

       (C) The attorney general, by rule adopted under Chapter 119. 3874
of the Revised Code, shall prescribe and make available to all 3875
probate judges and all chief clinical officers a form to be used 3876
by them for the purpose of making the notifications required by 3877
division (A) of this section.3878

       Sec. 5139.54.  (A) Notwithstanding any other provision for 3879
determining when a child shall be released or discharged from the 3880
legal custody of the department of youth services, including 3881
jurisdictional provisions in section 2152.22 of the Revised Code, 3882
the release authority, for medical reasons, may release a child 3883
upon supervised release or discharge the child from the custody of 3884
the department when any of the following applies:3885

       (1) The child is terminally ill or otherwise in imminent 3886
danger of death.3887

       (2) The child is incapacitated due to injury, disease, 3888
illness, or other medical condition and is no longer a threat to 3889
public safety.3890

       (3) The child appears to be a mentally ill person subject to3891
hospitalization by court order, as defined in section 5122.01 of 3892
the Revised Code, or a mentally retarded person subject to 3893
institutionalization by court order, as defined in section 5123.01 3894
of the Revised Code.3895

       (B) When considering whether to release or discharge a child 3896
under this section for medical reasons, the release authority may 3897
request additional medical information about the child or may ask 3898
the department to conduct additional medical examinations.3899

       (C) The release authority shall determine the appropriate 3900
level of supervised release for a child released under this 3901
section. The terms and conditions of the release may require 3902
periodic medical reevaluations as appropriate. Upon granting a 3903
release or discharge under this section, the release authority 3904
shall give notice of the release and its terms and conditions or 3905
of the discharge to the court that committed the child to the 3906
custody of the department.3907

       (D) The release authority shall submit annually to the 3908
director of youth services a report that includes all of the 3909
following information for the previous calendar year:3910

       (1) The number of children the release authority considered 3911
for medical release or discharge;3912

       (2) The nature of the injury, disease, illness, or other 3913
medical condition of each child considered for medical release or 3914
discharge;3915

       (3) The decision made by the release authority for each 3916
child, including the reasons for denying medical release or 3917
discharge or for granting it;3918

       (4) The number of children on medical release who were 3919
returned to a secure facility or whose supervised release was 3920
revoked.3921

       Sec. 5305.22.  (A) Any real estate or interest in real estate 3922
coming to a person by purchase, inheritance, or otherwise, after 3923
the spouse of the person is adjudged a mentally ill person 3924
subject to hospitalization by court order and admitted to either a 3925
hospital for persons with mental illness in this or any other 3926
state of the United States or the psychiatric department of any 3927
hospital of the United States, may be conveyed by the person while 3928
the person's spouse who is a mentally ill person subject to 3929
hospitalization by court order remains a patient of that hospital, 3930
free and clear from any dower right or expectancy of the person's 3931
spouse who is a mentally ill person subject to hospitalization by3932
court order. Dower shall not attach to any real estate so acquired 3933
and conveyed during the time described in this section in favor of 3934
such spouse who is a mentally ill person subject to 3935
hospitalization by court order. The indorsement upon the 3936
instrument of conveyance, by the superintendent of the hospital to 3937
which the spouse was admitted, that the spouse of the person 3938
conveying the real estate is a mentally ill person subject to 3939
hospitalization by court order who has been admitted to that 3940
hospital, stating when received in that hospital and signed 3941
officially by the superintendent, shall be sufficient evidence of 3942
the fact that the spouse of the person conveying the real estate 3943
is a mentally ill person subject to hospitalization by court 3944
order. This indorsement shall be a part of the instrument of 3945
conveyance.3946

       (B) As used in this section, "mentally ill person subject to 3947
hospitalization by court order" has the same meaning as in section 3948
5122.01 of the Revised Code.3949

       Sec. 5907.06.  (A) A mentally ill person subject to 3950
hospitalization by court order whose mental condition causes the 3951
person to be dangerous to the community shall not be admitted to a 3952
veterans' home. If a mentally ill person subject to 3953
hospitalization by court order, through misrepresentation as to 3954
the person's condition, is sent to a home, the person shall be 3955
returned to, and the expense of the return shall be borne by, the 3956
county from which the person came.3957

       (B) As used in this section, "mentally ill person subject to 3958
hospitalization by court order" has the same meaning as in section 3959
5122.01 of the Revised Code.3960

       Sec. 5907.09.  (A) When the affidavit referred to in section 3961
5907.08 of the Revised Code is filed, the probate judge shall 3962
forthwith determine whether the resident is a mentally ill person 3963
subject to hospitalization by court order. Insofar as applicable, 3964
the laws governing in cases of admission to a state hospital for 3965
persons with mental illness shall apply. The probate judge shall 3966
have the same authority, and may receive and order paid the same 3967
fees and costs, as the probate judge would have in the county in 3968
which the veteran was a resident at the time of entering the 3969
veterans' home.3970

       (B) As used in this section, "mentally ill person subject to 3971
hospitalization by court order" has the same meaning as in section 3972
5122.01 of the Revised Code.3973

       Section 2.  That existing sections 2151.011, 2151.23, 3974
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40, 3975
2945.401, 2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05, 3976
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21, 3977
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06, 3978
and 5907.09 of the Revised Code are hereby repealed.3979

       Section 3.  That the version of section 2151.011 of the 3980
Revised Code that is scheduled to take effect on January 1, 2014, 3981
be amended to read as follows:3982

       Sec. 2151.011.  (A) As used in the Revised Code:3983

       (1) "Juvenile court" means whichever of the following is 3984
applicable that has jurisdiction under this chapter and Chapter 3985
2152. of the Revised Code:3986

       (a) The division of the court of common pleas specified in 3987
section 2101.022 or 2301.03 of the Revised Code as having 3988
jurisdiction under this chapter and Chapter 2152. of the Revised 3989
Code or as being the juvenile division or the juvenile division 3990
combined with one or more other divisions;3991

       (b) The juvenile court of Cuyahoga county or Hamilton county 3992
that is separately and independently created by section 2151.08 or 3993
Chapter 2153. of the Revised Code and that has jurisdiction under 3994
this chapter and Chapter 2152. of the Revised Code;3995

       (c) If division (A)(1)(a) or (b) of this section does not 3996
apply, the probate division of the court of common pleas.3997

       (2) "Juvenile judge" means a judge of a court having 3998
jurisdiction under this chapter.3999

       (3) "Private child placing agency" means any association, as 4000
defined in section 5103.02 of the Revised Code, that is certified 4001
under section 5103.03 of the Revised Code to accept temporary, 4002
permanent, or legal custody of children and place the children for 4003
either foster care or adoption.4004

       (4) "Private noncustodial agency" means any person, 4005
organization, association, or society certified by the department 4006
of job and family services that does not accept temporary or 4007
permanent legal custody of children, that is privately operated in 4008
this state, and that does one or more of the following:4009

       (a) Receives and cares for children for two or more 4010
consecutive weeks;4011

       (b) Participates in the placement of children in certified 4012
foster homes;4013

       (c) Provides adoption services in conjunction with a public 4014
children services agency or private child placing agency.4015

       (B) As used in this chapter:4016

       (1) "Adequate parental care" means the provision by a child's 4017
parent or parents, guardian, or custodian of adequate food, 4018
clothing, and shelter to ensure the child's health and physical 4019
safety and the provision by a child's parent or parents of 4020
specialized services warranted by the child's physical or mental 4021
needs.4022

       (2) "Adult" means an individual who is eighteen years of age 4023
or older.4024

       (3) "Agreement for temporary custody" means a voluntary 4025
agreement authorized by section 5103.15 of the Revised Code that 4026
transfers the temporary custody of a child to a public children 4027
services agency or a private child placing agency.4028

       (4) "Alternative response" means the public children services 4029
agency's response to a report of child abuse or neglect that 4030
engages the family in a comprehensive evaluation of child safety, 4031
risk of subsequent harm, and family strengths and needs and that 4032
does not include a determination as to whether child abuse or 4033
neglect occurred.4034

       (5) "Certified foster home" means a foster home, as defined 4035
in section 5103.02 of the Revised Code, certified under section 4036
5103.03 of the Revised Code.4037

       (6) "Child" means a person who is under eighteen years of 4038
age, except that the juvenile court has jurisdiction over any 4039
person who is adjudicated an unruly child prior to attaining 4040
eighteen years of age until the person attains twenty-one years of 4041
age, and, for purposes of that jurisdiction related to that 4042
adjudication, a person who is so adjudicated an unruly child shall 4043
be deemed a "child" until the person attains twenty-one years of 4044
age.4045

       (7) "Child day camp," "child care," "child day-care center," 4046
"part-time child day-care center," "type A family day-care home," 4047
"certified type B family day-care home," "type B home," 4048
"administrator of a child day-care center," "administrator of a 4049
type A family day-care home," "in-home aide," and "authorized 4050
provider" have the same meanings as in section 5104.01 of the 4051
Revised Code.4052

       (8) "Child care provider" means an individual who is a 4053
child-care staff member or administrator of a child day-care 4054
center, a type A family day-care home, or a type B family day-care 4055
home, or an in-home aide or an individual who is licensed, is 4056
regulated, is approved, operates under the direction of, or 4057
otherwise is certified by the department of job and family 4058
services, department of developmental disabilities, or the early 4059
childhood programs of the department of education.4060

       (9) "Chronic truant" has the same meaning as in section 4061
2152.02 of the Revised Code.4062

       (10) "Commit" means to vest custody as ordered by the court.4063

       (11) "Counseling" includes both of the following:4064

       (a) General counseling services performed by a public 4065
children services agency or shelter for victims of domestic 4066
violence to assist a child, a child's parents, and a child's 4067
siblings in alleviating identified problems that may cause or have 4068
caused the child to be an abused, neglected, or dependent child.4069

       (b) Psychiatric or psychological therapeutic counseling 4070
services provided to correct or alleviate any mental or emotional 4071
illness or disorder and performed by a licensed psychiatrist, 4072
licensed psychologist, or a person licensed under Chapter 4757. of 4073
the Revised Code to engage in social work or professional 4074
counseling.4075

       (12) "Custodian" means a person who has legal custody of a 4076
child or a public children services agency or private child 4077
placing agency that has permanent, temporary, or legal custody of 4078
a child.4079

       (13) "Delinquent child" has the same meaning as in section 4080
2152.02 of the Revised Code.4081

       (14) "Detention" means the temporary care of children pending 4082
court adjudication or disposition, or execution of a court order, 4083
in a public or private facility designed to physically restrict 4084
the movement and activities of children.4085

       (15) "Developmental disability" has the same meaning as in 4086
section 5123.01 of the Revised Code.4087

       (16) "Differential response approach" means an approach that 4088
a public children services agency may use to respond to accepted 4089
reports of child abuse or neglect with either an alternative 4090
response or a traditional response.4091

       (17) "Foster caregiver" has the same meaning as in section 4092
5103.02 of the Revised Code.4093

       (18) "Guardian" means a person, association, or corporation 4094
that is granted authority by a probate court pursuant to Chapter 4095
2111. of the Revised Code to exercise parental rights over a child 4096
to the extent provided in the court's order and subject to the 4097
residual parental rights of the child's parents.4098

       (19) "Habitual truant" means any child of compulsory school 4099
age who is absent without legitimate excuse for absence from the 4100
public school the child is supposed to attend for five or more 4101
consecutive school days, seven or more school days in one school 4102
month, or twelve or more school days in a school year.4103

       (20) "Juvenile traffic offender" has the same meaning as in 4104
section 2152.02 of the Revised Code.4105

       (21) "Legal custody" means a legal status that vests in the 4106
custodian the right to have physical care and control of the child 4107
and to determine where and with whom the child shall live, and the 4108
right and duty to protect, train, and discipline the child and to 4109
provide the child with food, shelter, education, and medical care, 4110
all subject to any residual parental rights, privileges, and 4111
responsibilities. An individual granted legal custody shall 4112
exercise the rights and responsibilities personally unless 4113
otherwise authorized by any section of the Revised Code or by the 4114
court.4115

       (22) A "legitimate excuse for absence from the public school 4116
the child is supposed to attend" includes, but is not limited to, 4117
any of the following:4118

       (a) The fact that the child in question has enrolled in and 4119
is attending another public or nonpublic school in this or another 4120
state;4121

       (b) The fact that the child in question is excused from 4122
attendance at school for any of the reasons specified in section 4123
3321.04 of the Revised Code;4124

       (c) The fact that the child in question has received an age 4125
and schooling certificate in accordance with section 3331.01 of 4126
the Revised Code.4127

       (23) "Mental illness" and "mentally ill person subject to 4128
hospitalization by court order" have the same meanings as in 4129
section 5122.01 of the Revised Code.4130

       (24) "Mental injury" means any behavioral, cognitive, 4131
emotional, or mental disorder in a child caused by an act or 4132
omission that is described in section 2919.22 of the Revised Code 4133
and is committed by the parent or other person responsible for the 4134
child's care.4135

       (25) "Mentally retarded person" has the same meaning as in 4136
section 5123.01 of the Revised Code.4137

       (26) "Nonsecure care, supervision, or training" means care, 4138
supervision, or training of a child in a facility that does not 4139
confine or prevent movement of the child within the facility or 4140
from the facility.4141

       (27) "Of compulsory school age" has the same meaning as in 4142
section 3321.01 of the Revised Code.4143

       (28) "Organization" means any institution, public, 4144
semipublic, or private, and any private association, society, or 4145
agency located or operating in the state, incorporated or 4146
unincorporated, having among its functions the furnishing of 4147
protective services or care for children, or the placement of 4148
children in certified foster homes or elsewhere.4149

       (29) "Out-of-home care" means detention facilities, shelter 4150
facilities, certified children's crisis care facilities, certified 4151
foster homes, placement in a prospective adoptive home prior to 4152
the issuance of a final decree of adoption, organizations, 4153
certified organizations, child day-care centers, type A family 4154
day-care homes, child care provided by type B family day-care home 4155
providers and by in-home aides, group home providers, group homes, 4156
institutions, state institutions, residential facilities, 4157
residential care facilities, residential camps, day camps, public 4158
schools, chartered nonpublic schools, educational service centers, 4159
hospitals, and medical clinics that are responsible for the care, 4160
physical custody, or control of children.4161

       (30) "Out-of-home care child abuse" means any of the 4162
following when committed by a person responsible for the care of a 4163
child in out-of-home care:4164

       (a) Engaging in sexual activity with a child in the person's 4165
care;4166

       (b) Denial to a child, as a means of punishment, of proper or 4167
necessary subsistence, education, medical care, or other care 4168
necessary for a child's health;4169

       (c) Use of restraint procedures on a child that cause injury 4170
or pain;4171

       (d) Administration of prescription drugs or psychotropic 4172
medication to the child without the written approval and ongoing 4173
supervision of a licensed physician;4174

       (e) Commission of any act, other than by accidental means, 4175
that results in any injury to or death of the child in out-of-home 4176
care or commission of any act by accidental means that results in 4177
an injury to or death of a child in out-of-home care and that is 4178
at variance with the history given of the injury or death.4179

       (31) "Out-of-home care child neglect" means any of the 4180
following when committed by a person responsible for the care of a 4181
child in out-of-home care:4182

       (a) Failure to provide reasonable supervision according to 4183
the standards of care appropriate to the age, mental and physical 4184
condition, or other special needs of the child;4185

       (b) Failure to provide reasonable supervision according to 4186
the standards of care appropriate to the age, mental and physical 4187
condition, or other special needs of the child, that results in 4188
sexual or physical abuse of the child by any person;4189

       (c) Failure to develop a process for all of the following:4190

       (i) Administration of prescription drugs or psychotropic 4191
drugs for the child;4192

       (ii) Assuring that the instructions of the licensed physician 4193
who prescribed a drug for the child are followed;4194

       (iii) Reporting to the licensed physician who prescribed the 4195
drug all unfavorable or dangerous side effects from the use of the 4196
drug.4197

       (d) Failure to provide proper or necessary subsistence, 4198
education, medical care, or other individualized care necessary 4199
for the health or well-being of the child;4200

       (e) Confinement of the child to a locked room without 4201
monitoring by staff;4202

       (f) Failure to provide ongoing security for all prescription 4203
and nonprescription medication;4204

       (g) Isolation of a child for a period of time when there is 4205
substantial risk that the isolation, if continued, will impair or 4206
retard the mental health or physical well-being of the child.4207

       (32) "Permanent custody" means a legal status that vests in a 4208
public children services agency or a private child placing agency, 4209
all parental rights, duties, and obligations, including the right 4210
to consent to adoption, and divests the natural parents or 4211
adoptive parents of all parental rights, privileges, and 4212
obligations, including all residual rights and obligations.4213

       (33) "Permanent surrender" means the act of the parents or, 4214
if a child has only one parent, of the parent of a child, by a 4215
voluntary agreement authorized by section 5103.15 of the Revised 4216
Code, to transfer the permanent custody of the child to a public 4217
children services agency or a private child placing agency.4218

       (34) "Person" means an individual, association, corporation, 4219
or partnership and the state or any of its political subdivisions, 4220
departments, or agencies.4221

       (35) "Person responsible for a child's care in out-of-home 4222
care" means any of the following:4223

       (a) Any foster caregiver, in-home aide, or provider;4224

       (b) Any administrator, employee, or agent of any of the 4225
following: a public or private detention facility; shelter 4226
facility; certified children's crisis care facility; organization; 4227
certified organization; child day-care center; type A family 4228
day-care home; certified type B family day-care home; group home; 4229
institution; state institution; residential facility; residential 4230
care facility; residential camp; day camp; school district; 4231
community school; chartered nonpublic school; educational service 4232
center; hospital; or medical clinic;4233

       (c) Any person who supervises or coaches children as part of 4234
an extracurricular activity sponsored by a school district, public 4235
school, or chartered nonpublic school;4236

       (d) Any other person who performs a similar function with 4237
respect to, or has a similar relationship to, children.4238

       (36) "Physically impaired" means having one or more of the 4239
following conditions that substantially limit one or more of an 4240
individual's major life activities, including self-care, receptive 4241
and expressive language, learning, mobility, and self-direction:4242

       (a) A substantial impairment of vision, speech, or hearing;4243

       (b) A congenital orthopedic impairment;4244

       (c) An orthopedic impairment caused by disease, rheumatic 4245
fever or any other similar chronic or acute health problem, or 4246
amputation or another similar cause.4247

       (37) "Placement for adoption" means the arrangement by a 4248
public children services agency or a private child placing agency 4249
with a person for the care and adoption by that person of a child 4250
of whom the agency has permanent custody.4251

       (38) "Placement in foster care" means the arrangement by a 4252
public children services agency or a private child placing agency 4253
for the out-of-home care of a child of whom the agency has 4254
temporary custody or permanent custody.4255

       (39) "Planned permanent living arrangement" means an order of 4256
a juvenile court pursuant to which both of the following apply:4257

       (a) The court gives legal custody of a child to a public 4258
children services agency or a private child placing agency without 4259
the termination of parental rights.4260

       (b) The order permits the agency to make an appropriate 4261
placement of the child and to enter into a written agreement with 4262
a foster care provider or with another person or agency with whom 4263
the child is placed.4264

       (40) "Practice of social work" and "practice of professional 4265
counseling" have the same meanings as in section 4757.01 of the 4266
Revised Code.4267

       (41) "Sanction, service, or condition" means a sanction, 4268
service, or condition created by court order following an 4269
adjudication that a child is an unruly child that is described in 4270
division (A)(4) of section 2152.19 of the Revised Code.4271

       (42) "Protective supervision" means an order of disposition 4272
pursuant to which the court permits an abused, neglected, 4273
dependent, or unruly child to remain in the custody of the child's 4274
parents, guardian, or custodian and stay in the child's home, 4275
subject to any conditions and limitations upon the child, the 4276
child's parents, guardian, or custodian, or any other person that 4277
the court prescribes, including supervision as directed by the 4278
court for the protection of the child.4279

       (43) "Psychiatrist" has the same meaning as in section 4280
5122.01 of the Revised Code.4281

       (44) "Psychologist" has the same meaning as in section 4282
4732.01 of the Revised Code.4283

       (45) "Residential camp" means a program in which the care, 4284
physical custody, or control of children is accepted overnight for 4285
recreational or recreational and educational purposes.4286

       (46) "Residential care facility" means an institution, 4287
residence, or facility that is licensed by the department of 4288
mental health under section 5119.22 of the Revised Code and that 4289
provides care for a child.4290

       (47) "Residential facility" means a home or facility that is 4291
licensed by the department of developmental disabilities under 4292
section 5123.19 of the Revised Code and in which a child with a 4293
developmental disability resides.4294

       (48) "Residual parental rights, privileges, and 4295
responsibilities" means those rights, privileges, and 4296
responsibilities remaining with the natural parent after the 4297
transfer of legal custody of the child, including, but not 4298
necessarily limited to, the privilege of reasonable visitation, 4299
consent to adoption, the privilege to determine the child's 4300
religious affiliation, and the responsibility for support.4301

       (49) "School day" means the school day established by the 4302
state board of education pursuant to section 3313.48 of the 4303
Revised Code.4304

       (50) "School month" and "school year" have the same meanings 4305
as in section 3313.62 of the Revised Code.4306

       (51) "Secure correctional facility" means a facility under 4307
the direction of the department of youth services that is designed 4308
to physically restrict the movement and activities of children and 4309
used for the placement of children after adjudication and 4310
disposition.4311

       (52) "Sexual activity" has the same meaning as in section 4312
2907.01 of the Revised Code.4313

       (53) "Shelter" means the temporary care of children in 4314
physically unrestricted facilities pending court adjudication or 4315
disposition.4316

       (54) "Shelter for victims of domestic violence" has the same 4317
meaning as in section 3113.33 of the Revised Code.4318

       (55) "Temporary custody" means legal custody of a child who 4319
is removed from the child's home, which custody may be terminated 4320
at any time at the discretion of the court or, if the legal 4321
custody is granted in an agreement for temporary custody, by the 4322
person who executed the agreement.4323

       (56) "Traditional response" means a public children services 4324
agency's response to a report of child abuse or neglect that 4325
encourages engagement of the family in a comprehensive evaluation 4326
of the child's current and future safety needs and a fact-finding 4327
process to determine whether child abuse or neglect occurred and 4328
the circumstances surrounding the alleged harm or risk of harm.4329

       (C) For the purposes of this chapter, a child shall be 4330
presumed abandoned when the parents of the child have failed to 4331
visit or maintain contact with the child for more than ninety 4332
days, regardless of whether the parents resume contact with the 4333
child after that period of ninety days.4334

       Section 4.  That the existing version of section 2151.011 of 4335
the Revised Code that is scheduled to take effect on January 1, 4336
2014, is hereby repealed. 4337

       Section 5.  Sections 3 and 4 of this act take effect on 4338
January 1, 2014.4339