(B) If a court orders a person who pleads guilty to or who is | 19 |
convicted of an offense of violence to receive mental health | 20 |
treatment, the court shall report the conviction and required | 21 |
treatment to the local law enforcement agency. The local law | 22 |
enforcement agency shall enter the conviction and required | 23 |
treatment into the national crime information center supervised | 24 |
release file through the law enforcement automated data system. | 25 |
The information reported and entered shall include all of the | 26 |
following: | 27 |
Sec. 2945.402. (A) In approving a conditional release, the | 43 |
trial court may set any conditions on the release with respect to | 44 |
the treatment, evaluation, counseling, or control of the defendant | 45 |
or person that the court considers necessary to protect the public | 46 |
safety and the welfare of the defendant or person. The trial court | 47 |
may revoke a defendant's or person's conditional release and order | 48 |
reinstatement of the previous placement or reinstitutionalization | 49 |
at any time the conditions of the release have not been satisfied, | 50 |
provided that the revocation shall be in accordance with this | 51 |
section. | 52 |
(C) A person, agency, or facility that is assigned to monitor | 57 |
a defendant or person on conditional release immediately shall | 58 |
notify the trial court on learning that the defendant or person | 59 |
being monitored has violated the terms of the conditional release. | 60 |
Upon learning of any violation of the terms of the conditional | 61 |
release, the trial court may issue a temporary order of detention | 62 |
or, if necessary, an arrest warrant for the defendant or person. | 63 |
Within ten court days after the defendant's or person's detention | 64 |
or arrest, the trial court shall conduct a hearing to determine | 65 |
whether the conditional release should be modified or terminated. | 66 |
At the hearing, the defendant or person shall have the same rights | 67 |
as are described in division (C) of section 2945.40 of the Revised | 68 |
Code. The trial court may order a continuance of the ten-court-day | 69 |
period for no longer than ten days for good cause shown or for any | 70 |
period on motion of the defendant or person. If the trial court | 71 |
fails to conduct the hearing within the ten-court-day period and | 72 |
does not order a continuance in accordance with this division, the | 73 |
defendant or person shall be restored to the prior conditional | 74 |
release status. | 75 |
(D) The trial court shall give all parties reasonable notice | 76 |
of a hearing conducted under this section. At the hearing, the | 77 |
prosecutor shall present the case demonstrating that the defendant | 78 |
or person violated the terms of the conditional release. If the | 79 |
court finds by a preponderance of the evidence that the defendant | 80 |
or person violated the terms of the conditional release, the court | 81 |
may continue, modify, or terminate the conditional release and | 82 |
shall enter its order accordingly. | 83 |
(E)(1) If a court approves a conditional release, the court | 84 |
shall report the approval and information pertaining to the | 85 |
release to the local law enforcement agency. The local law | 86 |
enforcement agency shall enter the approval and information into | 87 |
the national crime information center supervised release file | 88 |
through the law enforcement automated data system. The information | 89 |
required by divisions (E)(1)(c) and (d) of this section shall be | 90 |
entered into the file's miscellaneous field. The information | 91 |
reported and entered shall include all of the following: | 92 |
(3) If a defendant or person about whom information is | 107 |
entered into the national crime information center supervised | 108 |
release file pursuant to this section has contact with a law | 109 |
enforcement agency after the information is entered, the agency | 110 |
shall report the contact to the court that approved the | 111 |
conditional release, to the department of mental health, and if | 112 |
the terms of the release require the defendant or person to | 113 |
receive mental health treatment, to the person, office, or agency | 114 |
providing the treatment. | 115 |