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Am. Sub. S. B. No. 43 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Balderson, Kearney, Seitz, Sawyer, Coley, Bacon, Beagle, Brown, Gardner, Hite, Jones, Lehner, Manning, Oelslager, Peterson, Schaffer, Smith
Representative Stautberg
A BILL
To amend sections 2101.16, 2151.011, 2151.23,
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38,
2945.39, 2945.40, 2945.401, 2967.22, 5119.311,
5120.17, 5122.01, 5122.03, 5122.05, 5122.10,
5122.11, 5122.13, 5122.141, 5122.15, 5122.19,
5122.21, 5122.27, 5122.30, 5122.31, 5122.311,
5122.34, 5122.43, 5139.54, 5305.22, 5907.06, and
5907.09 and to enact section 5122.111 of the
Revised Code to make changes to the laws governing
the civil commitment of and treatment provided to
mentally ill persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.16, 2151.011, 2151.23,
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40,
2945.401, 2967.22, 5119.311, 5120.17, 5122.01, 5122.03, 5122.05,
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21,
5122.27, 5122.30, 5122.31, 5122.311, 5122.34, 5122.43, 5139.54,
5305.22, 5907.06, and 5907.09 be amended and section 5122.111 of
the Revised Code be enacted to read as follows:
Sec. 2101.16. (A) Except as provided in section 2101.164 of
the Revised Code, the fees enumerated in this division shall be
charged and collected, if possible, by the probate judge and shall
be in full for all services rendered in the respective
proceedings:
(1) |
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Account, in addition to advertising charges |
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$ |
12.00 |
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Waivers and proof of notice of hearing on account, per page, minimum one dollar |
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$ |
1.00 |
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(2) |
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Account of distribution, in addition to advertising charges |
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$ |
7.00 |
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(3) |
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Adoption of child, petition for |
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$ |
50.00 |
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(4) |
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Alter or cancel contract for sale or purchase of real property, complaint to |
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$ |
20.00 |
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(5) |
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Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section |
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$ |
5.00 |
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(6) |
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Appropriation suit, per day, hearing in |
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$ |
20.00 |
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(7) |
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Birth, application for registration of |
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$ |
7.00 |
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(8) |
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Birth record, application to correct |
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$ |
5.00 |
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(9) |
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Bond, application for new or additional |
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$ |
5.00 |
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(10) |
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Bond, application for release of surety or reduction of |
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$ |
5.00 |
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(11) |
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Bond, receipt for securities deposited in lieu of |
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$ |
5.00 |
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(12) |
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Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar |
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$ |
1.00 |
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(13) |
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Citation and issuing citation, application for |
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$ |
5.00 |
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(14) |
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Change of name, petition for |
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$ |
20.00 |
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(15) |
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Claim, application of administrator or executor for allowance of administrator's or executor's own |
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$ |
10.00 |
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(16) |
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Claim, application to compromise or settle |
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$ |
10.00 |
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(17) |
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Claim, authority to present |
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$ |
10.00 |
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(18) |
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Commissioner, appointment of |
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$ |
5.00 |
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(19) |
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Compensation for extraordinary services and attorney's fees for fiduciary, application for |
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$ |
5.00 |
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(20) |
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Competency, application to procure adjudication of |
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$ |
20.00 |
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(21) |
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Complete contract, application to |
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$ |
10.00 |
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(22) |
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Concealment of assets, citation for |
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$ |
10.00 |
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(23) |
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Construction of will, complaint for |
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$ |
20.00 |
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(24) |
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Continue decedent's business, application to |
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$ |
10.00 |
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Monthly reports of operation |
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$ |
5.00 |
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(25) |
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Declaratory judgment, complaint for |
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$ |
20.00 |
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(26) |
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Deposit of will |
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$ |
5.00 |
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(27) |
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Designation of heir |
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$ |
20.00 |
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(28) |
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Distribution in kind, application, assent, and order for |
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$ |
5.00 |
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(29) |
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Distribution under section 2109.36 of the Revised Code, application for an order of |
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$ |
7.00 |
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(30) |
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Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars |
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$ |
15.00 |
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(31) |
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Exceptions to any proceeding named in this section, contest of appointment or |
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$ |
10.00 |
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(32) |
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Election of surviving partner to purchase assets of partnership, proceedings relating to |
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$ |
10.00 |
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(33) |
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Election of surviving spouse under will |
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$ |
5.00 |
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(34) |
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Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of |
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$ |
35.00 |
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(35) |
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Foreign will, application to record |
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$ |
10.00 |
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Record of foreign will, additional, per page |
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$ |
1.00 |
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(36) |
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Forms when supplied by the probate court, not to exceed |
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$ |
10.00 |
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(37) |
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Heirship, complaint to determine |
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$ |
20.00 |
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(38) |
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Injunction proceedings |
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$ |
20.00 |
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(39) |
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Improve real property, petition to |
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$ |
20.00 |
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(40) |
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Inventory with appraisement |
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$ |
10.00 |
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(41) |
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Inventory without appraisement |
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$ |
7.00 |
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(42) |
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Investment or expenditure of funds, application for |
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$ |
10.00 |
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(43) |
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Invest in real property, application to |
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$ |
10.00 |
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(44) |
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Lease for oil, gas, coal, or other mineral, petition to |
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$ |
20.00 |
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(45) |
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Lease or lease and improve real property, petition to |
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$ |
20.00 |
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(46) |
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Marriage license |
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$ |
10.00 |
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Certified abstract of each marriage |
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$ |
2.00 |
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(47) |
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Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of |
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$ |
10.00 |
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(48) |
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Mortgage or mortgage and repair or improve real property, complaint to |
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$ |
20.00 |
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(49) |
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Newly discovered assets, report of |
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$ |
7.00 |
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(50) |
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Nonresident executor or administrator to bar creditors' claims, proceedings by |
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$ |
20.00 |
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(51) |
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Power of attorney or revocation of power, bonding company |
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$ |
10.00 |
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(52) |
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Presumption of death, petition to establish |
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$ |
20.00 |
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(53) |
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Probating will |
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$ |
15.00 |
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Proof of notice to beneficiaries |
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$ |
5.00 |
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(54) |
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Purchase personal property, application of surviving spouse to |
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$ |
10.00 |
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(55) |
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Purchase real property at appraised value, petition of surviving spouse to |
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$ |
20.00 |
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(56) |
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Receipts in addition to advertising charges, application and order to record |
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$ |
5.00 |
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Record of those receipts, additional, per page |
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$ |
1.00 |
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(57) |
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Record in excess of fifteen hundred words in any proceeding in the probate court, per page |
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$ |
1.00 |
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(58) |
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Release of estate by mortgagee or other lienholder |
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$ |
5.00 |
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(59) |
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Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code |
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$ |
60.00 |
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(60) |
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Removal of fiduciary, application for |
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$ |
10.00 |
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(61) |
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Requalification of executor or administrator |
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$ |
10.00 |
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(62) |
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Resignation of fiduciary |
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$ |
5.00 |
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(63) |
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Sale bill, public sale of personal property |
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$ |
10.00 |
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(64) |
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Sale of personal property and report, application for |
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$ |
10.00 |
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(65) |
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Sale of real property, petition for |
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$ |
25.00 |
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(66) |
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Terminate guardianship, petition to |
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$ |
10.00 |
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(67) |
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Transfer of real property, application, entry, and certificate for |
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$ |
7.00 |
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(68) |
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Unclaimed money, application to invest |
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$ |
7.00 |
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(69) |
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Vacate approval of account or order of distribution, motion to |
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$ |
10.00 |
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(70) |
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Writ of execution |
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$ |
5.00 |
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(71) |
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Writ of possession |
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$ |
5.00 |
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(72) |
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Wrongful death, application and settlement of claim for |
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$ |
20.00 |
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(73) |
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Year's allowance, petition to review |
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$ |
7.00 |
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(74) |
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Guardian's report, filing and review of |
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$ |
5.00 |
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(75) |
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Mentally ill person subject to court order, filing of affidavit and proceedings for |
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$ |
25.00 |
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(B)(1) In relation to an application for the appointment of a
guardian or the review of a report of a guardian under section
2111.49 of the Revised Code, the probate court, pursuant to court
order or in accordance with a court rule, may direct that the
applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.041 or division
(A)(2) of section 2111.49 of the Revised Code. If the
investigation is conducted by a public employee or investigator
who is paid by the county, the fees for the investigation shall be
paid into the county treasury. If the court finds that an alleged
incompetent or a ward is indigent, the court may waive the costs,
fees, and expenses of an investigation.
(2) In relation to the appointment or functioning of a
guardian for a minor or the guardianship of a minor, the probate
court may direct that the applicant or the estate pay any or all
of the expenses of an investigation conducted pursuant to section
2111.042 of the Revised Code. If the investigation is conducted by
a public employee or investigator who is paid by the county, the
fees for the investigation shall be paid into the county treasury.
If the court finds that the guardian or applicant is indigent, the
court may waive the costs, fees, and expenses of an investigation.
(3) In relation to the filing of an affidavit of mental
illness for a mentally ill person subject to court order, the
court may waive the fee under division (A)(75) of this section if
the court finds that the affiant is indigent or for good cause
shown.
(C) Thirty dollars of the thirty-five-dollar fee collected
pursuant to division (A)(34) of this section and twenty dollars of
the sixty-dollar fee collected pursuant to division (A)(59) of
this section shall be deposited by the county treasurer in the
indigent guardianship fund created pursuant to section 2111.51 of
the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and
constables for services rendered in the probate court or by order
of the probate judge shall be the same as provided for similar
services in the court of common pleas.
(E) The probate court, by rule, may require an advance
deposit for costs, not to exceed one hundred twenty-five dollars,
at the time application is made for an appointment as executor or
administrator or at the time a will is presented for probate.
(F) The probate court, by rule, shall establish a reasonable
fee, not to exceed fifty dollars, for the filing of a petition for
the release of information regarding an adopted person's name by
birth and the identity of the adopted person's biological parents
and biological siblings pursuant to section 3107.41 of the Revised
Code, all proceedings relative to the petition, the entry of an
order relative to the petition, and all services required to be
performed in connection with the petition. The probate court may
use a reasonable portion of a fee charged under authority of this
division to reimburse any agency, as defined in section 3107.39 of
the Revised Code, for any services it renders in performing a task
described in section 3107.41 of the Revised Code relative to or in
connection with the petition for which the fee was charged.
(G)(1) Thirty dollars of the fifty-dollar fee collected
pursuant to division (A)(3) of this section shall be deposited
into the "putative father registry fund," which is hereby created
in the state treasury. The department of job and family services
shall use the money in the fund to fund the department's costs of
performing its duties related to the putative father registry
established under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative
father registry fund is more than is needed for its duties related
to the putative father registry, the department may use the
surplus moneys in the fund as permitted in division (C) of section
2151.3529, division (B) of section 2151.3530, or section 5103.155
of the Revised Code.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction under this chapter and Chapter
2152. of the Revised Code:
(a) The division of the court of common pleas specified in
section 2101.022 or 2301.03 of the Revised Code as having
jurisdiction under this chapter and Chapter 2152. of the Revised
Code or as being the juvenile division or the juvenile division
combined with one or more other divisions;
(b) The juvenile court of Cuyahoga county or Hamilton county
that is separately and independently created by section 2151.08 or
Chapter 2153. of the Revised Code and that has jurisdiction under
this chapter and Chapter 2152. of the Revised Code;
(c) If division (A)(1)(a) or (b) of this section does not
apply, the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association, as
defined in section 5103.02 of the Revised Code, that is certified
under section 5103.03 of the Revised Code to accept temporary,
permanent, or legal custody of children and place the children for
either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary or
permanent legal custody of children, that is privately operated in
this state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in certified
foster homes;
(c) Provides adoption services in conjunction with a public
children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a child's
parent or parents, guardian, or custodian of adequate food,
clothing, and shelter to ensure the child's health and physical
safety and the provision by a child's parent or parents of
specialized services warranted by the child's physical or mental
needs.
(2) "Adult" means an individual who is eighteen years of age
or older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code that
transfers the temporary custody of a child to a public children
services agency or a private child placing agency.
(4) "Alternative response" means the public children services
agency's response to a report of child abuse or neglect that
engages the family in a comprehensive evaluation of child safety,
risk of subsequent harm, and family strengths and needs and that
does not include a determination as to whether child abuse or
neglect occurred.
(5) "Certified foster home" means a foster home, as defined
in section 5103.02 of the Revised Code, certified under section
5103.03 of the Revised Code.
(6) "Child" means a person who is under eighteen years of
age, except that the juvenile court has jurisdiction over any
person who is adjudicated an unruly child prior to attaining
eighteen years of age until the person attains twenty-one years of
age, and, for purposes of that jurisdiction related to that
adjudication, a person who is so adjudicated an unruly child shall
be deemed a "child" until the person attains twenty-one years of
age.
(7) "Child day camp," "child care," "child day-care center,"
"part-time child day-care center," "type A family day-care home,"
"licensed type B family day-care home," "type B family day-care
home," "administrator of a child day-care center," "administrator
of a type A family day-care home," and "in-home aide" have the
same meanings as in section 5104.01 of the Revised Code.
(8) "Child care provider" means an individual who is a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family day-care
home, or an in-home aide or an individual who is licensed, is
regulated, is approved, operates under the direction of, or
otherwise is certified by the department of job and family
services, department of developmental disabilities, or the early
childhood programs of the department of education.
(9) "Chronic truant" has the same meaning as in section
2152.02 of the Revised Code.
(10) "Commit" means to vest custody as ordered by the court.
(11) "Counseling" includes both of the following:
(a) General counseling services performed by a public
children services agency or shelter for victims of domestic
violence to assist a child, a child's parents, and a child's
siblings in alleviating identified problems that may cause or have
caused the child to be an abused, neglected, or dependent child.
(b) Psychiatric or psychological therapeutic counseling
services provided to correct or alleviate any mental or emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. of
the Revised Code to engage in social work or professional
counseling.
(12) "Custodian" means a person who has legal custody of a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(13) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(14) "Detention" means the temporary care of children pending
court adjudication or disposition, or execution of a court order,
in a public or private facility designed to physically restrict
the movement and activities of children.
(15) "Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.
(16) "Differential response approach" means an approach that
a public children services agency may use to respond to accepted
reports of child abuse or neglect with either an alternative
response or a traditional response.
(17) "Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(18) "Guardian" means a person, association, or corporation
that is granted authority by a probate court pursuant to Chapter
2111. of the Revised Code to exercise parental rights over a child
to the extent provided in the court's order and subject to the
residual parental rights of the child's parents.
(19) "Habitual truant" means any child of compulsory school
age who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for five or more
consecutive school days, seven or more school days in one school
month, or twelve or more school days in a school year.
(20) "Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.
(21) "Legal custody" means a legal status that vests in the
custodian the right to have physical care and control of the child
and to determine where and with whom the child shall live, and the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court.
(22) A "legitimate excuse for absence from the public school
the child is supposed to attend" includes, but is not limited to,
any of the following:
(a) The fact that the child in question has enrolled in and
is attending another public or nonpublic school in this or another
state;
(b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04 of the Revised Code;
(c) The fact that the child in question has received an age
and schooling certificate in accordance with section 3331.01 of
the Revised Code.
(23) "Mental illness" and "mentally ill person subject to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(24) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or
omission that is described in section 2919.22 of the Revised Code
and is committed by the parent or other person responsible for the
child's care.
(25) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(26) "Nonsecure care, supervision, or training" means care,
supervision, or training of a child in a facility that does not
confine or prevent movement of the child within the facility or
from the facility.
(27) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(28) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(29) "Out-of-home care" means detention facilities, shelter
facilities, certified children's crisis care facilities, certified
foster homes, placement in a prospective adoptive home prior to
the issuance of a final decree of adoption, organizations,
certified organizations, child day-care centers, type A family
day-care homes, type B family day-care homes, child care provided
by in-home aides, group home providers, group homes, institutions,
state institutions, residential facilities, residential care
facilities, residential camps, day camps, public schools,
chartered nonpublic schools, educational service centers,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(30) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper or
necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause injury
or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(31) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed physician
who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed the
drug all unfavorable or dangerous side effects from the use of the
drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all prescription
and nonprescription medication;
(g) Isolation of a child for a period of time when there is
substantial risk that the isolation, if continued, will impair or
retard the mental health or physical well-being of the child.
(32) "Permanent custody" means a legal status that vests in a
public children services agency or a private child placing agency,
all parental rights, duties, and obligations, including the right
to consent to adoption, and divests the natural parents or
adoptive parents of all parental rights, privileges, and
obligations, including all residual rights and obligations.
(33) "Permanent surrender" means the act of the parents or,
if a child has only one parent, of the parent of a child, by a
voluntary agreement authorized by section 5103.15 of the Revised
Code, to transfer the permanent custody of the child to a public
children services agency or a private child placing agency.
(34) "Person" means an individual, association, corporation,
or partnership and the state or any of its political subdivisions,
departments, or agencies.
(35) "Person responsible for a child's care in out-of-home
care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization;
certified organization; child day-care center; type A family
day-care home; licensed type B family day-care home; group home;
institution; state institution; residential facility; residential
care facility; residential camp; day camp; school district;
community school; chartered nonpublic school; educational service
center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of
an extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;
(d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(36) "Physically impaired" means having one or more of the
following conditions that substantially limit one or more of an
individual's major life activities, including self-care, receptive
and expressive language, learning, mobility, and self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease, rheumatic
fever or any other similar chronic or acute health problem, or
amputation or another similar cause.
(37) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(38) "Placement in foster care" means the arrangement by a
public children services agency or a private child placing agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(39) "Planned permanent living arrangement" means an order of
a juvenile court pursuant to which both of the following apply:
(a) The court gives legal custody of a child to a public
children services agency or a private child placing agency without
the termination of parental rights.
(b) The order permits the agency to make an appropriate
placement of the child and to enter into a written agreement with
a foster care provider or with another person or agency with whom
the child is placed.
(40) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01 of the
Revised Code.
(41) "Sanction, service, or condition" means a sanction,
service, or condition created by court order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section 2152.19 of the Revised Code.
(42) "Protective supervision" means an order of disposition
pursuant to which the court permits an abused, neglected,
dependent, or unruly child to remain in the custody of the child's
parents, guardian, or custodian and stay in the child's home,
subject to any conditions and limitations upon the child, the
child's parents, guardian, or custodian, or any other person that
the court prescribes, including supervision as directed by the
court for the protection of the child.
(43) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(44) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(45) "Residential camp" means a program in which the care,
physical custody, or control of children is accepted overnight for
recreational or recreational and educational purposes.
(46) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health and addiction services under section 5119.34 of the
Revised Code and that provides care for a child.
(47) "Residential facility" means a home or facility that is
licensed by the department of developmental disabilities under
section 5123.19 of the Revised Code and in which a child with a
developmental disability resides.
(48) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(49) "School day" means the school day established by the
board of education of the applicable school district pursuant to
section 3313.481 of the Revised Code.
(50) "School year" has the same meaning as in section 3313.62
of the Revised Code.
(51) "Secure correctional facility" means a facility under
the direction of the department of youth services that is designed
to physically restrict the movement and activities of children and
used for the placement of children after adjudication and
disposition.
(52) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(53) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(54) "Shelter for victims of domestic violence" has the same
meaning as in section 3113.33 of the Revised Code.
(55) "Temporary custody" means legal custody of a child who
is removed from the child's home, which custody may be terminated
at any time at the discretion of the court or, if the legal
custody is granted in an agreement for temporary custody, by the
person who executed the agreement.
(56) "Traditional response" means a public children services
agency's response to a report of child abuse or neglect that
encourages engagement of the family in a comprehensive evaluation
of the child's current and future safety needs and a fact-finding
process to determine whether child abuse or neglect occurred and
the circumstances surrounding the alleged harm or risk of harm.
(C) For the purposes of this chapter, a child shall be
presumed abandoned when the parents of the child have failed to
visit or maintain contact with the child for more than ninety
days, regardless of whether the parents resume contact with the
child after that period of ninety days.
Sec. 2151.23. (A) The juvenile court has exclusive original
jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic offender or a
delinquent, unruly, abused, neglected, or dependent child and,
based on and in relation to the allegation pertaining to the
child, concerning the parent, guardian, or other person having
care of a child who is alleged to be an unruly or delinquent child
for being an habitual or chronic truant;
(2) Subject to divisions (G), (K), and (V) of section 2301.03
of the Revised Code, to determine the custody of any child not a
ward of another court of this state;
(3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the probate
division of the court of common pleas in Chapter 5122. of the
Revised Code, if the court has probable cause to believe that a
child otherwise within the jurisdiction of the court is a mentally
ill person subject to hospitalization by court order, as defined
in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging adults
with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of section 2919.23, or section 2919.24 of the Revised
Code, provided the charge is not included in an indictment that
also charges the alleged adult offender with the commission of a
felony arising out of the same actions that are the basis of the
alleged violation of division (C) of section 2919.21, division
(B)(1) of section 2919.22, section 2919.222, division (B) of
section 2919.23, or section 2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody;
(9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code;
(10) To hear and determine applications for consent to marry
pursuant to section 3101.04 of the Revised Code;
(11) Subject to divisions (G), (K), and (V) of section
2301.03 of the Revised Code, to hear and determine a request for
an order for the support of any child if the request is not
ancillary to an action for divorce, dissolution of marriage,
annulment, or legal separation, a criminal or civil action
involving an allegation of domestic violence, or an action for
support brought under Chapter 3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of
the Revised Code;
(13) To hear and determine violations of section 3321.38 of
the Revised Code;
(14) To exercise jurisdiction and authority over the parent,
guardian, or other person having care of a child alleged to be a
delinquent child, unruly child, or juvenile traffic offender,
based on and in relation to the allegation pertaining to the
child;
(15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding
a child who has been adjudicated a delinquent child and to refer
the duties conferred upon the juvenile court judge under sections
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to
magistrates appointed by the juvenile court judge in accordance
with Juvenile Rule 40;
(16) To hear and determine a petition for a protection order
against a child under section 2151.34 or 3113.31 of the Revised
Code and to enforce a protection order issued or a consent
agreement approved under either section against a child until a
date certain but not later than the date the child attains
nineteen years of age.
(B) Except as provided in divisions (G) and (I) of section
2301.03 of the Revised Code, the juvenile court has original
jurisdiction under the Revised Code:
(1) To hear and determine all cases of misdemeanors charging
adults with any act or omission with respect to any child, which
act or omission is a violation of any state law or any municipal
ordinance;
(2) To determine the paternity of any child alleged to have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the Revised Code;
(3) Under the uniform interstate family support act in
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for the
support of any child, if the child is not a ward of another court
of this state;
(5) To hear and determine an action commenced under section
3111.28 of the Revised Code;
(6) To hear and determine a motion filed under section
3119.961 of the Revised Code;
(7) To receive filings under section 3109.74 of the Revised
Code, and to hear and determine actions arising under sections
3109.51 to 3109.80 of the Revised Code.
(8) To enforce an order for the return of a child made under
the Hague Convention on the Civil Aspects of International Child
Abduction pursuant to section 3127.32 of the Revised Code;
(9) To grant any relief normally available under the laws of
this state to enforce a child custody determination made by a
court of another state and registered in accordance with section
3127.35 of the Revised Code.
(C) The juvenile court, except as to juvenile courts that are
a separate division of the court of common pleas or a separate and
independent juvenile court, has jurisdiction to hear, determine,
and make a record of any action for divorce or legal separation
that involves the custody or care of children and that is filed in
the court of common pleas and certified by the court of common
pleas with all the papers filed in the action to the juvenile
court for trial, provided that no certification of that nature
shall be made to any juvenile court unless the consent of the
juvenile judge first is obtained. After a certification of that
nature is made and consent is obtained, the juvenile court shall
proceed as if the action originally had been begun in that court,
except as to awards for spousal support or support due and unpaid
at the time of certification, over which the juvenile court has no
jurisdiction.
(D) The juvenile court, except as provided in divisions (G)
and (I) of section 2301.03 of the Revised Code, has jurisdiction
to hear and determine all matters as to custody and support of
children duly certified by the court of common pleas to the
juvenile court after a divorce decree has been granted, including
jurisdiction to modify the judgment and decree of the court of
common pleas as the same relate to the custody and support of
children.
(E) The juvenile court, except as provided in divisions (G)
and (I) of section 2301.03 of the Revised Code, has jurisdiction
to hear and determine the case of any child certified to the court
by any court of competent jurisdiction if the child comes within
the jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction in
child custody matters in accordance with sections 3109.04 and
3127.01 to 3127.53 of the Revised Code and, as applicable,
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised
Code.
(2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code.
(G) Any juvenile court that makes or modifies an order for
child support shall comply with Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person required to pay child
support under an order made by a juvenile court on or after April
15, 1985, or modified on or after December 1, 1986, is found in
contempt of court for failure to make support payments under the
order, the court that makes the finding, in addition to any other
penalty or remedy imposed, shall assess all court costs arising
out of the contempt proceeding against the person and require the
person to pay any reasonable attorney's fees of any adverse party,
as determined by the court, that arose in relation to the act of
contempt.
(H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under eighteen years of age at the time of the alleged
act and if the case is transferred for criminal prosecution
pursuant to section 2152.12 of the Revised Code, except as
provided in section 2152.121 of the Revised Code, the juvenile
court does not have jurisdiction to hear or determine the case
subsequent to the transfer. The court to which the case is
transferred for criminal prosecution pursuant to that section has
jurisdiction subsequent to the transfer to hear and determine the
case in the same manner as if the case originally had been
commenced in that court, subject to section 2152.121 of the
Revised Code, including, but not limited to, jurisdiction to
accept a plea of guilty or another plea authorized by Criminal
Rule 11 or another section of the Revised Code and jurisdiction to
accept a verdict and to enter a judgment of conviction pursuant to
the Rules of Criminal Procedure against the child for the
commission of the offense that was the basis of the transfer of
the case for criminal prosecution, whether the conviction is for
the same degree or a lesser degree of the offense charged, for the
commission of a lesser-included offense, or for the commission of
another offense that is different from the offense charged.
(I) If a person under eighteen years of age allegedly commits
an act that would be a felony if committed by an adult and if the
person is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age, the juvenile
court does not have jurisdiction to hear or determine any portion
of the case charging the person with committing that act. In those
circumstances, divisions (A) and (B) of section 2152.12 of the
Revised Code do not apply regarding the act, and the case charging
the person with committing the act shall be a criminal prosecution
commenced and heard in the appropriate court having jurisdiction
of the offense as if the person had been eighteen years of age or
older when the person committed the act. All proceedings
pertaining to the act shall be within the jurisdiction of the
court having jurisdiction of the offense, and that court has all
the authority and duties in the case that it has in other criminal
cases in that court.
(J) In exercising its exclusive original jurisdiction under
division (A)(16) of this section with respect to any proceedings
brought under section 2151.34 or 3113.31 of the Revised Code in
which the respondent is a child, the juvenile court retains all
dispositionary powers consistent with existing rules of juvenile
procedure and may also exercise its discretion to adjudicate
proceedings as provided in sections 2151.34 and 3113.31 of the
Revised Code, including the issuance of protection orders or the
approval of consent agreements under those sections.
Sec. 2923.125. (A) This section applies with respect to the
application for and issuance by this state of concealed handgun
licenses other than concealed handgun licenses on a temporary
emergency basis that are issued under section 2923.1213 of the
Revised Code. Upon the request of a person who wishes to obtain a
concealed handgun license with respect to which this section
applies or to renew a concealed handgun license with respect to
which this section applies, a sheriff, as provided in division (I)
of this section, shall provide to the person free of charge an
application form and the web site address at which the pamphlet
described in division (B) of section 109.731 of the Revised Code
may be found. A sheriff shall accept a completed application form
and the fee, items, materials, and information specified in
divisions (B)(1) to (5) of this section at the times and in the
manners described in division (I) of this section.
(B) An applicant for a concealed handgun license with respect
to which this section applies shall submit a completed application
form and all of the following to the sheriff of the county in
which the applicant resides or to the sheriff of any county
adjacent to the county in which the applicant resides:
(1)(a) A nonrefundable license fee as described in either of
the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of sixty-seven dollars;
(ii) For an applicant who has been a resident of this state
for less than five years, a fee of sixty-seven dollars plus the
actual cost of having a background check performed by the federal
bureau of investigation.
(b) No sheriff shall require an applicant to pay for the cost
of a background check performed by the bureau of criminal
identification and investigation.
(c) A sheriff shall waive the payment of the license fee
described in division (B)(1)(a) of this section in connection with
an initial or renewal application for a license that is submitted
by an applicant who is a retired peace officer, a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code, or a retired federal law enforcement officer who, prior to
retirement, was authorized under federal law to carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement officer retired as the result of a mental
disability.
(d) The sheriff shall deposit all fees paid by an applicant
under division (B)(1)(a) of this section into the sheriff's
concealed handgun license issuance fund established pursuant to
section 311.42 of the Revised Code. The county shall distribute
the fees in accordance with section 311.42 of the Revised Code.
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
(3) One or more of the following competency certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within the three years immediately preceding the
application the applicant has performed that to which the
competency certification relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the honorable discharge or retirement to
which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that was offered by or
under the auspices of the national rifle association and that
complies with the requirements set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class, or program that satisfies all of
the following criteria:
(i) It was open to members of the general public.
(ii) It utilized qualified instructors who were certified by
the national rifle association, the executive director of the Ohio
peace officer training commission pursuant to section 109.75 or
109.78 of the Revised Code, or a governmental official or entity
of another state.
(iii) It was offered by or under the auspices of a law
enforcement agency of this or another state or the United States,
a public or private college, university, or other similar
postsecondary educational institution located in this or another
state, a firearms training school located in this or another
state, or another type of public or private entity or organization
located in this or another state.
(iv) It complies with the requirements set forth in division
(G) of this section.
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director of the Ohio peace officer training commission pursuant to
section 109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily completed and been issued a
certificate of completion of a basic firearms training program, a
firearms requalification training program, or another basic
training program described in section 109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of the
armed forces of the United States, was honorably discharged from
military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol,
or is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code and division (B)(1) of this section;
(ii) That, through participation in the military service or
through the former employment described in division (B)(3)(d)(i)
of this section, the applicant acquired experience with handling
handguns or other firearms, and the experience so acquired was
equivalent to training that the applicant could have acquired in a
course, class, or program described in division (B)(3)(a), (b), or
(c) of this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise described in division (B)(3)(a),
(b), (c), or (d) of this section, that was conducted by an
instructor who was certified by an official or entity of the
government of this or another state or the United States or by the
national rifle association, and that complies with the
requirements set forth in division (G) of this section;
(f) An affidavit that attests to the applicant's satisfactory
completion of a course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed
by the applicant's instructor or an authorized representative of
the entity that offered the course, class, or program or under
whose auspices the course, class, or program was offered.
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
(C) Upon receipt of the completed application form,
supporting documentation, and, if not waived, license fee of an
applicant under this section, a sheriff, in the manner specified
in section 311.41 of the Revised Code, shall conduct or cause to
be conducted the criminal records check and the incompetency
records check described in section 311.41 of the Revised Code.
(D)(1) Except as provided in division (D)(3) or (4) of this
section, within forty-five days after a sheriff's receipt of an
applicant's completed application form for a concealed handgun
license under this section, the supporting documentation, and, if
not waived, the license fee, the sheriff shall make available
through the law enforcement automated data system in accordance
with division (H) of this section the information described in
that division and, upon making the information available through
the system, shall issue to the applicant a concealed handgun
license that shall expire as described in division (D)(2)(a) of
this section if all of the following apply:
(a) The applicant is legally living in the United States, has
been a resident of this state for at least forty-five days, and
has been a resident of the county in which the person seeks the
license or a county adjacent to the county in which the person
seeks the license for at least thirty days. For purposes of
division (D)(1)(a) of this section:
(i) If a person is absent from the United States, from this
state, or from a particular county in this state in compliance
with military or naval orders as an active or reserve member of
the armed forces of the United States and if prior to leaving this
state in compliance with those orders the person was legally
living in the United States and was a resident of this state, the
person, solely by reason of that absence, shall not be considered
to have lost the person's status as living in the United States or
the person's residence in this state or in the county in which the
person was a resident prior to leaving this state in compliance
with those orders, without regard to whether or not the person
intends to return to this state or to that county, shall not be
considered to have acquired a residence in any other state, and
shall not be considered to have become a resident of any other
state.
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of at least thirty days.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice.
(d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(5) of this
section, the applicant has not been convicted of or pleaded guilty
to a felony or an offense under Chapter 2925., 3719., or 4729. of
the Revised Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; has not been adjudicated a delinquent child for committing
an act that if committed by an adult would be a felony or would be
an offense under Chapter 2925., 3719., or 4729. of the Revised
Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2903.13 of the Revised Code when the victim of the
violation is a peace officer, regardless of whether the applicant
was sentenced under division (C)(4) of that section.
(f) Except as otherwise provided in division (D)(5) of this
section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer, or a misdemeanor violation of section 2923.1211 of
the Revised Code; and has not been adjudicated a delinquent child
for committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer or for committing an act that if committed by an
adult would be a misdemeanor violation of section 2923.1211 of the
Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(5) of this
section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2921.33 of the Revised Code.
(i) The applicant has not been adjudicated as a mental
defective, has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found
by a court to be a mentally ill person subject to hospitalization
by court order, and is not an involuntary patient other than one
who is a patient only for purposes of observation. As used in this
division, "mentally ill person subject to hospitalization by court
order" and "patient" have the same meanings as in section 5122.01
of the Revised Code.
(j) The applicant is not currently subject to a civil
protection order, a temporary protection order, or a protection
order issued by a court of another state.
(k) The applicant certifies that the applicant desires a
legal means to carry a concealed handgun for defense of the
applicant or a member of the applicant's family while engaged in
lawful activity.
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
section regarding the applicant's reading of the pamphlet prepared
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised
Code of a concealed handgun license that previously was issued to
the applicant under this section or section 2923.1213 of the
Revised Code.
(2)(a) A concealed handgun license that a sheriff issues
under division (D)(1) of this section shall expire five years
after the date of issuance.
If a sheriff issues a license under this section, the sheriff
shall place on the license a unique combination of letters and
numbers identifying the license in accordance with the procedure
prescribed by the Ohio peace officer training commission pursuant
to section 109.731 of the Revised Code.
(b) If a sheriff denies an application under this section
because the applicant does not satisfy the criteria described in
division (D)(1) of this section, the sheriff shall specify the
grounds for the denial in a written notice to the applicant. The
applicant may appeal the denial pursuant to section 119.12 of the
Revised Code in the county served by the sheriff who denied the
application. If the denial was as a result of the criminal records
check conducted pursuant to section 311.41 of the Revised Code and
if, pursuant to section 2923.127 of the Revised Code, the
applicant challenges the criminal records check results using the
appropriate challenge and review procedure specified in that
section, the time for filing the appeal pursuant to section 119.12
of the Revised Code and this division is tolled during the
pendency of the request or the challenge and review. If the court
in an appeal under section 119.12 of the Revised Code and this
division enters a judgment sustaining the sheriff's refusal to
grant to the applicant a concealed handgun license, the applicant
may file a new application beginning one year after the judgment
is entered. If the court enters a judgment in favor of the
applicant, that judgment shall not restrict the authority of a
sheriff to suspend or revoke the license pursuant to section
2923.128 or 2923.1213 of the Revised Code or to refuse to renew
the license for any proper cause that may occur after the date the
judgment is entered. In the appeal, the court shall have full
power to dispose of all costs.
(3) If the sheriff with whom an application for a concealed
handgun license was filed under this section becomes aware that
the applicant has been arrested for or otherwise charged with an
offense that would disqualify the applicant from holding the
license, the sheriff shall suspend the processing of the
application until the disposition of the case arising from the
arrest or charge.
(4) If the sheriff determines that the applicant is legally
living in the United States and is a resident of the county in
which the applicant seeks the license or of an adjacent county but
does not yet meet the residency requirements described in division
(D)(1)(a) of this section, the sheriff shall not deny the license
because of the residency requirements but shall not issue the
license until the applicant meets those residency requirements.
(5) If an applicant has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
this section or has been adjudicated a delinquent child for
committing an act or violation identified in any of those
divisions, and if a court has ordered the sealing or expungement
of the records of that conviction, guilty plea, or adjudication
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to
2953.36, or section 2953.37 of the Revised Code or a court has
granted the applicant relief pursuant to section 2923.14 of the
Revised Code from the disability imposed pursuant to section
2923.13 of the Revised Code relative to that conviction, guilty
plea, or adjudication, the sheriff with whom the application was
submitted shall not consider the conviction, guilty plea, or
adjudication in making a determination under division (D)(1) or
(F) of this section or, in relation to an application for a
concealed handgun license on a temporary emergency basis submitted
under section 2923.1213 of the Revised Code, in making a
determination under division (B)(2) of that section.
(E) If a concealed handgun license issued under this section
is lost or is destroyed, the licensee may obtain from the sheriff
who issued that license a duplicate license upon the payment of a
fee of fifteen dollars and the submission of an affidavit
attesting to the loss or destruction of the license. The sheriff,
in accordance with the procedures prescribed in section 109.731 of
the Revised Code, shall place on the replacement license a
combination of identifying numbers different from the combination
on the license that is being replaced.
(F)(1) A licensee who wishes to renew a concealed handgun
license issued under this section shall do so not earlier than
ninety days before the expiration date of the license or at any
time after the expiration date of the license by filing with the
sheriff of the county in which the applicant resides or with the
sheriff of an adjacent county an application for renewal of the
license obtained pursuant to division (D) of this section, a
certification by the applicant that, subsequent to the issuance of
the license, the applicant has reread the pamphlet prepared by the
Ohio peace officer training commission pursuant to section 109.731
of the Revised Code that reviews firearms, dispute resolution, and
use of deadly force matters, and a nonrefundable license renewal
fee in an amount determined pursuant to division (F)(4) of this
section unless the fee is waived.
(2) A sheriff shall accept a completed renewal application,
the license renewal fee, and the information specified in division
(F)(1) of this section at the times and in the manners described
in division (I) of this section. Upon receipt of a completed
renewal application, of certification that the applicant has
reread the specified pamphlet prepared by the Ohio peace officer
training commission, and of a license renewal fee unless the fee
is waived, a sheriff, in the manner specified in section 311.41 of
the Revised Code shall conduct or cause to be conducted the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code. The sheriff shall
renew the license if the sheriff determines that the applicant
continues to satisfy the requirements described in division (D)(1)
of this section, except that the applicant is not required to meet
the requirements of division (D)(1)(l) of this section. A renewed
license shall expire five years after the date of issuance. A
renewed license is subject to division (E) of this section and
sections 2923.126 and 2923.128 of the Revised Code. A sheriff
shall comply with divisions (D)(2) to (4) of this section when the
circumstances described in those divisions apply to a requested
license renewal. If a sheriff denies the renewal of a concealed
handgun license, the applicant may appeal the denial, or challenge
the criminal record check results that were the basis of the
denial if applicable, in the same manner as specified in division
(D)(2)(b) of this section and in section 2923.127 of the Revised
Code, regarding the denial of a license under this section.
(3) A renewal application submitted pursuant to division (F)
of this section shall only require the licensee to list on the
application form information and matters occurring since the date
of the licensee's last application for a license pursuant to
division (B) or (F) of this section. A sheriff conducting the
criminal records check and the incompetency records check
described in section 311.41 of the Revised Code shall conduct the
check only from the date of the licensee's last application for a
license pursuant to division (B) or (F) of this section through
the date of the renewal application submitted pursuant to division
(F) of this section.
(4) An applicant for a renewal concealed handgun license
under this section shall submit to the sheriff of the county in
which the applicant resides or to the sheriff of any county
adjacent to the county in which the applicant resides a
nonrefundable license fee as described in either of the following:
(a) For an applicant who has been a resident of this state
for five or more years, a fee of fifty dollars;
(b) For an applicant who has been a resident of this state
for less than five years, a fee of fifty dollars plus the actual
cost of having a background check performed by the federal bureau
of investigation.
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each
person who takes the course, class, or program the web site
address at which the pamphlet prepared by the Ohio peace officer
training commission pursuant to section 109.731 of the Revised
Code that reviews firearms, dispute resolution, and use of deadly
force matters may be found. Each such course, class, or program
described in one of those divisions shall include at least twelve
hours of training in the safe handling and use of a firearm that
shall include all of the following:
(a) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for
handguns and ammunition;
(ii) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii) The ability to demonstrate the knowledge, skills, and
attitude necessary to shoot a handgun in a safe manner;
(iv) Gun handling training.
(b) At least two hours of training that consists of range
time and live-fire training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
(a) A written section on the ability to name and explain the
rules for the safe handling of a handgun and proper storage
practices for handguns and ammunition;
(b) A physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a
handgun and a physical demonstration of the attitude necessary to
shoot a handgun in a safe manner.
(3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall be dated and
shall attest that the course, class, or program the applicant
successfully completed met the requirements described in division
(G)(1) of this section and that the applicant passed the
competency examination described in division (G)(2) of this
section.
(H) Upon deciding to issue a concealed handgun license,
deciding to issue a replacement concealed handgun license, or
deciding to renew a concealed handgun license pursuant to this
section, and before actually issuing or renewing the license, the
sheriff shall make available through the law enforcement automated
data system all information contained on the license. If the
license subsequently is suspended under division (A)(1) or (2) of
section 2923.128 of the Revised Code, revoked pursuant to division
(B)(1) of section 2923.128 of the Revised Code, or lost or
destroyed, the sheriff also shall make available through the law
enforcement automated data system a notation of that fact. The
superintendent of the state highway patrol shall ensure that the
law enforcement automated data system is so configured as to
permit the transmission through the system of the information
specified in this division.
(I) A sheriff shall accept a completed application form or
renewal application, and the fee, items, materials, and
information specified in divisions (B)(1) to (5) or division (F)
of this section, whichever is applicable, and shall provide an
application form or renewal application to any person during at
least fifteen hours a week and shall provide the web site address
at which the pamphlet described in division (B) of section 109.731
of the Revised Code may be found at any time, upon request. The
sheriff shall post notice of the hours during which the sheriff is
available to accept or provide the information described in this
division.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a
concealed handgun that is made under threat of perjury and that
states that the person has reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity or
public official describing the facts that give the person seeking
to carry a concealed handgun reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed. Written documents
of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued
by another state, or other court order, any court report, and any
report filed with or made by a law enforcement agency or
prosecutor.
(2) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(B)(1) A person seeking a concealed handgun license on a
temporary emergency basis shall submit to the sheriff of the
county in which the person resides all of the following:
(a) Evidence of imminent danger to the person or a member of
the person's family;
(b) A sworn affidavit that contains all of the information
required to be on the license and attesting that the person is
legally living in the United States; is at least twenty-one years
of age; is not a fugitive from justice; is not under indictment
for or otherwise charged with an offense identified in division
(D)(1)(d) of section 2923.125 of the Revised Code; has not been
convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified
in division (D)(1)(e) of that section and to which division (B)(3)
of this section does not apply; within three years of the date of
the submission, has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(f) of that
section and to which division (B)(3) of this section does not
apply; within five years of the date of the submission, has not
been convicted of, pleaded guilty, or adjudicated a delinquent
child for committing two or more violations identified in division
(D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation
identified in division (D)(1)(h) of that section and to which
division (B)(3) of this section does not apply; has not been
adjudicated as a mental defective, has not been committed to any
mental institution, is not under adjudication of mental
incompetence, has not been found by a court to be a mentally ill
person subject to hospitalization by court order, and is not an
involuntary patient other than one who is a patient only for
purposes of observation, as described in division (D)(1)(i) of
that section; is not currently subject to a civil protection
order, a temporary protection order, or a protection order issued
by a court of another state, as described in division (D)(1)(j) of
that section; and is not currently subject to a suspension imposed
under division (A)(2) of section 2923.128 of the Revised Code of a
concealed handgun license that previously was issued to the
person;
(c) A nonrefundable temporary emergency license fee as
described in either of the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of fifteen dollars plus the actual
cost of having a background check performed by the bureau of
criminal identification and investigation pursuant to section
311.41 of the Revised Code;
(ii) For an applicant who has been a resident of this state
for less than five years, a fee of fifteen dollars plus the actual
cost of having background checks performed by the federal bureau
of investigation and the bureau of criminal identification and
investigation pursuant to section 311.41 of the Revised Code.
(d) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of an electronic fingerprint reading
device, on a standard impression sheet prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code. If the
fingerprints are provided on a standard impression sheet, the
person also shall provide the person's social security number to
the sheriff.
(2) A sheriff shall accept the evidence of imminent danger,
the sworn affidavit, the fee, and the set of fingerprints required
under division (B)(1) of this section at the times and in the
manners described in division (I) of this section. Upon receipt of
the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this
section, the sheriff, in the manner specified in section 311.41 of
the Revised Code, immediately shall conduct or cause to be
conducted the criminal records check and the incompetency records
check described in section 311.41 of the Revised Code. Immediately
upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the
criteria set forth in divisions (D)(1)(a) to (j) and (m) of
section 2923.125 of the Revised Code apply regarding the person.
If the sheriff determines that all of criteria set forth in
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the
Revised Code apply regarding the person, the sheriff shall
immediately make available through the law enforcement automated
data system all information that will be contained on the
temporary emergency license for the person if one is issued, and
the superintendent of the state highway patrol shall ensure that
the system is so configured as to permit the transmission through
the system of that information. Upon making that information
available through the law enforcement automated data system, the
sheriff shall immediately issue to the person a concealed handgun
license on a temporary emergency basis.
If the sheriff denies the issuance of a license on a
temporary emergency basis to the person, the sheriff shall specify
the grounds for the denial in a written notice to the person. The
person may appeal the denial, or challenge criminal records check
results that were the basis of the denial if applicable, in the
same manners specified in division (D)(2) of section 2923.125 and
in section 2923.127 of the Revised Code, regarding the denial of
an application for a concealed handgun license under that section.
The license on a temporary emergency basis issued under this
division shall be in the form, and shall include all of the
information, described in divisions (A)(2) and (5) of section
109.731 of the Revised Code, and also shall include a unique
combination of identifying letters and numbers in accordance with
division (A)(4) of that section.
The license on a temporary emergency basis issued under this
division is valid for ninety days and may not be renewed. A person
who has been issued a license on a temporary emergency basis under
this division shall not be issued another license on a temporary
emergency basis unless at least four years has expired since the
issuance of the prior license on a temporary emergency basis.
(3) If a person seeking a concealed handgun license on a
temporary emergency basis has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in
any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358 or sections
2953.31 to 2953.36 of the Revised Code or a court has granted the
applicant relief pursuant to section 2923.14 of the Revised Code
from the disability imposed pursuant to section 2923.13 of the
Revised Code relative to that conviction, guilty plea, or
adjudication, the conviction, guilty plea, or adjudication shall
not be relevant for purposes of the sworn affidavit described in
division (B)(1)(b) of this section, and the person may complete,
and swear to the truth of, the affidavit as if the conviction,
guilty plea, or adjudication never had occurred.
(4) The sheriff shall waive the payment pursuant to division
(B)(1)(c) of this section of the license fee in connection with an
application that is submitted by an applicant who is a retired
peace officer, a retired person described in division (B)(1)(b) of
section 109.77 of the Revised Code, or a retired federal law
enforcement officer who, prior to retirement, was authorized under
federal law to carry a firearm in the course of duty, unless the
retired peace officer, person, or federal law enforcement officer
retired as the result of a mental disability.
The sheriff shall deposit all fees paid by an applicant under
division (B)(1)(c) of this section into the sheriff's concealed
handgun license issuance fund established pursuant to section
311.42 of the Revised Code.
(C) A person who holds a concealed handgun license on a
temporary emergency basis has the same right to carry a concealed
handgun as a person who was issued a concealed handgun license
under section 2923.125 of the Revised Code, and any exceptions to
the prohibitions contained in section 1547.69 and sections 2923.12
to 2923.16 of the Revised Code for a licensee under section
2923.125 of the Revised Code apply to a licensee under this
section. The person is subject to the same restrictions, and to
all other procedures, duties, and sanctions, that apply to a
person who carries a license issued under section 2923.125 of the
Revised Code, other than the license renewal procedures set forth
in that section.
(D) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall not require a
person seeking to carry a concealed handgun in accordance with
this section to submit a competency certificate as a prerequisite
for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in regards to the license.
The sheriff shall suspend or revoke the license in accordance with
section 2923.128 of the Revised Code. In addition to the
suspension or revocation procedures set forth in section 2923.128
of the Revised Code, the sheriff may revoke the license upon
receiving information, verifiable by public documents, that the
person is not eligible to possess a firearm under either the laws
of this state or of the United States or that the person committed
perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff shall notify the
person, by certified mail, return receipt requested, at the
person's last known residence address that the license has been
revoked and that the person is required to surrender the license
at the sheriff's office within ten days of the date on which the
notice was mailed. Division (H) of section 2923.125 of the Revised
Code applies regarding any suspension or revocation of a concealed
handgun license on a temporary emergency basis.
(E) A sheriff who issues a concealed handgun license on a
temporary emergency basis under this section shall retain, for the
entire period during which the license is in effect, the evidence
of imminent danger that the person submitted to the sheriff and
that was the basis for the license, or a copy of that evidence, as
appropriate.
(F) If a concealed handgun license on a temporary emergency
basis issued under this section is lost or is destroyed, the
licensee may obtain from the sheriff who issued that license a
duplicate license upon the payment of a fee of fifteen dollars and
the submission of an affidavit attesting to the loss or
destruction of the license. The sheriff, in accordance with the
procedures prescribed in section 109.731 of the Revised Code,
shall place on the replacement license a combination of
identifying numbers different from the combination on the license
that is being replaced.
(G) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a standard form
to be used under division (B) of this section by a person who
applies for a concealed handgun license on a temporary emergency
basis on the basis of imminent danger of a type described in
division (A)(1)(a) of this section.
(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a concealed handgun
license on a temporary emergency basis.
Sec. 2923.13. (A) Unless relieved from disability as
provided in section 2923.14 of the Revised Code, no person shall
knowingly acquire, have, carry, or use any firearm or dangerous
ordnance, if any of the following apply:
(1) The person is a fugitive from justice.
(2) The person is under indictment for or has been convicted
of any felony offense of violence or has been adjudicated a
delinquent child for the commission of an offense that, if
committed by an adult, would have been a felony offense of
violence.
(3) The person is under indictment for or has been convicted
of any felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse
or has been adjudicated a delinquent child for the commission of
an offense that, if committed by an adult, would have been a
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse.
(4) The person is drug dependent, in danger of drug
dependence, or a chronic alcoholic.
(5) The person is under adjudication of mental incompetence,
has been adjudicated as a mental defective, has been committed to
a mental institution, has been found by a court to be a mentally
ill person subject to hospitalization by court order, or is an
involuntary patient other than one who is a patient only for
purposes of observation. As used in this division, "mentally ill
person subject to hospitalization by court order" and "patient"
have the same meanings as in section 5122.01 of the Revised Code.
(B) Whoever violates this section is guilty of having weapons
while under disability, a felony of the third degree.
Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of
the Revised Code:
(1) "Prosecutor" means a prosecuting attorney or a city
director of law, village solicitor, or similar chief legal officer
of a municipal corporation who has authority to prosecute a
criminal case that is before the court or the criminal case in
which a defendant in a criminal case has been found incompetent to
stand trial or not guilty by reason of insanity.
(2) "Examiner" means either of the following:
(a) A psychiatrist or a licensed clinical psychologist who
satisfies the criteria of division (I) of section 5122.01 of the
Revised Code or is employed by a certified forensic center
designated by the department of mental health and addiction
services to conduct examinations or evaluations.
(b) For purposes of a separate mental retardation evaluation
that is ordered by a court pursuant to division (H) of section
2945.371 of the Revised Code, a psychologist designated by the
director of developmental disabilities pursuant to that section to
conduct that separate mental retardation evaluation.
(3) "Nonsecured status" means any unsupervised, off-grounds
movement or trial visit from a hospital or institution, or any
conditional release, that is granted to a person who is found
incompetent to stand trial and is committed pursuant to section
2945.39 of the Revised Code or to a person who is found not guilty
by reason of insanity and is committed pursuant to section 2945.40
of the Revised Code.
(4) "Unsupervised, off-grounds movement" includes only
off-grounds privileges that are unsupervised and that have an
expectation of return to the hospital or institution on a daily
basis.
(5) "Trial visit" means a patient privilege of a longer
stated duration of unsupervised community contact with an
expectation of return to the hospital or institution at designated
times.
(6) "Conditional release" means a commitment status under
which the trial court at any time may revoke a person's
conditional release and order the rehospitalization or
reinstitutionalization of the person as described in division (A)
of section 2945.402 of the Revised Code and pursuant to which a
person who is found incompetent to stand trial or a person who is
found not guilty by reason of insanity lives and receives
treatment in the community for a period of time that does not
exceed the maximum prison term or term of imprisonment that the
person could have received for the offense in question had the
person been convicted of the offense instead of being found
incompetent to stand trial on the charge of the offense or being
found not guilty by reason of insanity relative to the offense.
(7) "Licensed clinical psychologist," "mentally ill person
subject to hospitalization by court order," and "psychiatrist"
have the same meanings as in section 5122.01 of the Revised Code.
(8) "Mentally retarded person subject to institutionalization
by court order" has the same meaning as in section 5123.01 of the
Revised Code.
(B) In a criminal action in a court of common pleas, a county
court, or a municipal court, the court, prosecutor, or defense may
raise the issue of the defendant's competence to stand trial. If
the issue is raised before the trial has commenced, the court
shall hold a hearing on the issue as provided in this section. If
the issue is raised after the trial has commenced, the court shall
hold a hearing on the issue only for good cause shown or on the
court's own motion.
(C) The court shall conduct the hearing required or
authorized under division (B) of this section within thirty days
after the issue is raised, unless the defendant has been referred
for evaluation in which case the court shall conduct the hearing
within ten days after the filing of the report of the evaluation
or, in the case of a defendant who is ordered by the court
pursuant to division (H) of section 2945.371 of the Revised Code
to undergo a separate mental retardation evaluation conducted by a
psychologist designated by the director of developmental
disabilities, within ten days after the filing of the report of
the separate mental retardation evaluation under that division. A
hearing may be continued for good cause.
(D) The defendant shall be represented by counsel at the
hearing conducted under division (C) of this section. If the
defendant is unable to obtain counsel, the court shall appoint
counsel under Chapter 120. of the Revised Code or under the
authority recognized in division (C) of section 120.06, division
(E) of section 120.16, division (E) of section 120.26, or section
2941.51 of the Revised Code before proceeding with the hearing.
(E) The prosecutor and defense counsel may submit evidence on
the issue of the defendant's competence to stand trial. A written
report of the evaluation of the defendant may be admitted into
evidence at the hearing by stipulation, but, if either the
prosecution or defense objects to its admission, the report may be
admitted under sections 2317.36 to 2317.38 of the Revised Code or
any other applicable statute or rule.
(F) The court shall not find a defendant incompetent to stand
trial solely because the defendant is receiving or has received
treatment as a voluntary or involuntary mentally ill patient under
Chapter 5122. or a voluntary or involuntary mentally retarded
resident under Chapter 5123. of the Revised Code or because the
defendant is receiving or has received psychotropic drugs or other
medication, even if the defendant might become incompetent to
stand trial without the drugs or medication.
(G) A defendant is presumed to be competent to stand trial.
If, after a hearing, the court finds by a preponderance of the
evidence that, because of the defendant's present mental
condition, the defendant is incapable of understanding the nature
and objective of the proceedings against the defendant or of
assisting in the defendant's defense, the court shall find the
defendant incompetent to stand trial and shall enter an order
authorized by section 2945.38 of the Revised Code.
(H) Municipal courts shall follow the procedures set forth in
sections 2945.37 to 2945.402 of the Revised Code. Except as
provided in section 2945.371 of the Revised Code, a municipal
court shall not order an evaluation of the defendant's competence
to stand trial or the defendant's mental condition at the time of
the commission of the offense to be conducted at any hospital
operated by the department of mental health and addiction
services. Those evaluations shall be performed through community
resources including, but not limited to, certified forensic
centers, court probation departments, and community mental health
services providers. All expenses of the evaluations shall be borne
by the legislative authority of the municipal court, as defined in
section 1901.03 of the Revised Code, and shall be taxed as costs
in the case. If a defendant is found incompetent to stand trial or
not guilty by reason of insanity, a municipal court may commit the
defendant as provided in sections 2945.38 to 2945.402 of the
Revised Code.
Sec. 2945.38. (A) If the issue of a defendant's competence
to stand trial is raised and if the court, upon conducting the
hearing provided for in section 2945.37 of the Revised Code, finds
that the defendant is competent to stand trial, the defendant
shall be proceeded against as provided by law. If the court finds
the defendant competent to stand trial and the defendant is
receiving psychotropic drugs or other medication, the court may
authorize the continued administration of the drugs or medication
or other appropriate treatment in order to maintain the
defendant's competence to stand trial, unless the defendant's
attending physician advises the court against continuation of the
drugs, other medication, or treatment.
(B)(1)(a) If, after taking into consideration all relevant
reports, information, and other evidence, the court finds that the
defendant is incompetent to stand trial and that there is a
substantial probability that the defendant will become competent
to stand trial within one year if the defendant is provided with a
course of treatment, the court shall order the defendant to
undergo treatment. If the defendant has been charged with a felony
offense and if, after taking into consideration all relevant
reports, information, and other evidence, the court finds that the
defendant is incompetent to stand trial, but the court is unable
at that time to determine whether there is a substantial
probability that the defendant will become competent to stand
trial within one year if the defendant is provided with a course
of treatment, the court shall order continuing evaluation and
treatment of the defendant for a period not to exceed four months
to determine whether there is a substantial probability that the
defendant will become competent to stand trial within one year if
the defendant is provided with a course of treatment.
(b) The court order for the defendant to undergo treatment or
continuing evaluation and treatment under division (B)(1)(a) of
this section shall specify that the defendant, if determined to
require mental health treatment or continuing evaluation and
treatment, either shall be committed to the department of mental
health and addiction services for treatment or continuing
evaluation and treatment at a hospital, facility, or agency, as
determined to be clinically appropriate by the department of
mental health and addiction services or shall be committed to a
facility certified by the department of mental health and
addiction services as being qualified to treat mental illness, to
a public or community mental health facility, or to a psychiatrist
or another mental health professional for treatment or continuing
evaluation and treatment. Prior to placing the defendant, the
department of mental health and addiction services shall obtain
court approval for that placement following a hearing. The court
order for the defendant to undergo treatment or continuing
evaluation and treatment under division (B)(1)(a) of this section
shall specify that the defendant, if determined to require
treatment or continuing evaluation and treatment for mental
retardation, shall receive treatment or continuing evaluation and
treatment at an institution or facility operated by the department
of developmental disabilities, at a facility certified by the
department of developmental disabilities as being qualified to
treat mental retardation, at a public or private mental
retardation facility, or by a psychiatrist or another mental
retardation professional. In any case, the order may restrict the
defendant's freedom of movement as the court considers necessary.
The prosecutor in the defendant's case shall send to the chief
clinical officer of the hospital, facility, or agency where the
defendant is placed by the department of mental health and
addiction services, or to the managing officer of the institution,
the director of the program or facility, or the person to which
the defendant is committed, copies of relevant police reports and
other background information that pertains to the defendant and is
available to the prosecutor unless the prosecutor determines that
the release of any of the information in the police reports or any
of the other background information to unauthorized persons would
interfere with the effective prosecution of any person or would
create a substantial risk of harm to any person.
In determining the place of commitment, the court shall
consider the extent to which the person is a danger to the person
and to others, the need for security, and the type of crime
involved and shall order the least restrictive alternative
available that is consistent with public safety and treatment
goals. In weighing these factors, the court shall give preference
to protecting public safety.
(c) If the defendant is found incompetent to stand trial, if
the chief clinical officer of the hospital, facility, or agency
where the defendant is placed, or the managing officer of the
institution, the director of the program or facility, or the
person to which the defendant is committed for treatment or
continuing evaluation and treatment under division (B)(1)(b) of
this section determines that medication is necessary to restore
the defendant's competency to stand trial, and if the defendant
lacks the capacity to give informed consent or refuses medication,
the chief clinical officer of the hospital, facility, or agency
where the defendant is placed, or the managing officer of the
institution, the director of the program or facility, or the
person to which the defendant is committed for treatment or
continuing evaluation and treatment may petition the court for
authorization for the involuntary administration of medication.
The court shall hold a hearing on the petition within five days of
the filing of the petition if the petition was filed in a
municipal court or a county court regarding an incompetent
defendant charged with a misdemeanor or within ten days of the
filing of the petition if the petition was filed in a court of
common pleas regarding an incompetent defendant charged with a
felony offense. Following the hearing, the court may authorize the
involuntary administration of medication or may dismiss the
petition.
(2) If the court finds that the defendant is incompetent to
stand trial and that, even if the defendant is provided with a
course of treatment, there is not a substantial probability that
the defendant will become competent to stand trial within one
year, the court shall order the discharge of the defendant, unless
upon motion of the prosecutor or on its own motion, the court
either seeks to retain jurisdiction over the defendant pursuant to
section 2945.39 of the Revised Code or files an affidavit in the
probate court for the civil commitment of the defendant pursuant
to Chapter 5122. or 5123. of the Revised Code alleging that the
defendant is a mentally ill person subject to hospitalization by
court order or a mentally retarded person subject to
institutionalization by court order. If an affidavit is filed in
the probate court, the trial court shall send to the probate court
copies of all written reports of the defendant's mental condition
that were prepared pursuant to section 2945.371 of the Revised
Code.
The trial court may issue the temporary order of detention
that a probate court may issue under section 5122.11 or 5123.71 of
the Revised Code, to remain in effect until the probable cause or
initial hearing in the probate court. Further proceedings in the
probate court are civil proceedings governed by Chapter 5122. or
5123. of the Revised Code.
(C) No defendant shall be required to undergo treatment,
including any continuing evaluation and treatment, under division
(B)(1) of this section for longer than whichever of the following
periods is applicable:
(1) One year, if the most serious offense with which the
defendant is charged is one of the following offenses:
(a) Aggravated murder, murder, or an offense of violence for
which a sentence of death or life imprisonment may be imposed;
(b) An offense of violence that is a felony of the first or
second degree;
(c) A conspiracy to commit, an attempt to commit, or
complicity in the commission of an offense described in division
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or
complicity is a felony of the first or second degree.
(2) Six months, if the most serious offense with which the
defendant is charged is a felony other than a felony described in
division (C)(1) of this section;
(3) Sixty days, if the most serious offense with which the
defendant is charged is a misdemeanor of the first or second
degree;
(4) Thirty days, if the most serious offense with which the
defendant is charged is a misdemeanor of the third or fourth
degree, a minor misdemeanor, or an unclassified misdemeanor.
(D) Any defendant who is committed pursuant to this section
shall not voluntarily admit the defendant or be voluntarily
admitted to a hospital or institution pursuant to section 5122.02,
5122.15, 5123.69, or 5123.76 of the Revised Code.
(E) Except as otherwise provided in this division, a
defendant who is charged with an offense and is committed by the
court under this section to the department of mental health and
addiction services or is committed to an institution or facility
for the treatment of mental retardation shall not be granted
unsupervised on-grounds movement, supervised off-grounds movement,
or nonsecured status except in accordance with the court order.
The court may grant a defendant supervised off-grounds movement to
obtain medical treatment or specialized habilitation treatment
services if the person who supervises the treatment or the
continuing evaluation and treatment of the defendant ordered under
division (B)(1)(a) of this section informs the court that the
treatment or continuing evaluation and treatment cannot be
provided at the hospital or facility where the defendant is placed
by the department of mental health and addiction services or the
institution or facility to which the defendant is committed. The
chief clinical officer of the hospital or facility where the
defendant is placed by the department of mental health and
addiction services or the managing officer of the institution or
director of the facility to which the defendant is committed, or a
designee of any of those persons, may grant a defendant movement
to a medical facility for an emergency medical situation with
appropriate supervision to ensure the safety of the defendant,
staff, and community during that emergency medical situation. The
chief clinical officer of the hospital or facility where the
defendant is placed by the department of mental health and
addiction services or the managing officer of the institution or
director of the facility to which the defendant is committed shall
notify the court within twenty-four hours of the defendant's
movement to the medical facility for an emergency medical
situation under this division.
(F) The person who supervises the treatment or continuing
evaluation and treatment of a defendant ordered to undergo
treatment or continuing evaluation and treatment under division
(B)(1)(a) of this section shall file a written report with the
court at the following times:
(1) Whenever the person believes the defendant is capable of
understanding the nature and objective of the proceedings against
the defendant and of assisting in the defendant's defense;
(2) For a felony offense, fourteen days before expiration of
the maximum time for treatment as specified in division (C) of
this section and fourteen days before the expiration of the
maximum time for continuing evaluation and treatment as specified
in division (B)(1)(a) of this section, and, for a misdemeanor
offense, ten days before the expiration of the maximum time for
treatment, as specified in division (C) of this section;
(3) At a minimum, after each six months of treatment;
(4) Whenever the person who supervises the treatment or
continuing evaluation and treatment of a defendant ordered under
division (B)(1)(a) of this section believes that there is not a
substantial probability that the defendant will become capable of
understanding the nature and objective of the proceedings against
the defendant or of assisting in the defendant's defense even if
the defendant is provided with a course of treatment.
(G) A report under division (F) of this section shall contain
the examiner's findings, the facts in reasonable detail on which
the findings are based, and the examiner's opinion as to the
defendant's capability of understanding the nature and objective
of the proceedings against the defendant and of assisting in the
defendant's defense. If, in the examiner's opinion, the defendant
remains incapable of understanding the nature and objective of the
proceedings against the defendant and of assisting in the
defendant's defense and there is a substantial probability that
the defendant will become capable of understanding the nature and
objective of the proceedings against the defendant and of
assisting in the defendant's defense if the defendant is provided
with a course of treatment, if in the examiner's opinion the
defendant remains mentally ill or mentally retarded, and if the
maximum time for treatment as specified in division (C) of this
section has not expired, the report also shall contain the
examiner's recommendation as to the least restrictive placement or
commitment alternative that is consistent with the defendant's
treatment needs for restoration to competency and with the safety
of the community. The court shall provide copies of the report to
the prosecutor and defense counsel.
(H) If a defendant is committed pursuant to division (B)(1)
of this section, within ten days after the treating physician of
the defendant or the examiner of the defendant who is employed or
retained by the treating facility advises that there is not a
substantial probability that the defendant will become capable of
understanding the nature and objective of the proceedings against
the defendant or of assisting in the defendant's defense even if
the defendant is provided with a course of treatment, within ten
days after the expiration of the maximum time for treatment as
specified in division (C) of this section, within ten days after
the expiration of the maximum time for continuing evaluation and
treatment as specified in division (B)(1)(a) of this section,
within thirty days after a defendant's request for a hearing that
is made after six months of treatment, or within thirty days after
being advised by the treating physician or examiner that the
defendant is competent to stand trial, whichever is the earliest,
the court shall conduct another hearing to determine if the
defendant is competent to stand trial and shall do whichever of
the following is applicable:
(1) If the court finds that the defendant is competent to
stand trial, the defendant shall be proceeded against as provided
by law.
(2) If the court finds that the defendant is incompetent to
stand trial, but that there is a substantial probability that the
defendant will become competent to stand trial if the defendant is
provided with a course of treatment, and the maximum time for
treatment as specified in division (C) of this section has not
expired, the court, after consideration of the examiner's
recommendation, shall order that treatment be continued, may
change the facility or program at which the treatment is to be
continued, and shall specify whether the treatment is to be
continued at the same or a different facility or program.
(3) If the court finds that the defendant is incompetent to
stand trial, if the defendant is charged with an offense listed in
division (C)(1) of this section, and if the court finds that there
is not a substantial probability that the defendant will become
competent to stand trial even if the defendant is provided with a
course of treatment, or if the maximum time for treatment relative
to that offense as specified in division (C) of this section has
expired, further proceedings shall be as provided in sections
2945.39, 2945.401, and 2945.402 of the Revised Code.
(4) If the court finds that the defendant is incompetent to
stand trial, if the most serious offense with which the defendant
is charged is a misdemeanor or a felony other than a felony listed
in division (C)(1) of this section, and if the court finds that
there is not a substantial probability that the defendant will
become competent to stand trial even if the defendant is provided
with a course of treatment, or if the maximum time for treatment
relative to that offense as specified in division (C) of this
section has expired, the court shall dismiss the indictment,
information, or complaint against the defendant. A dismissal under
this division is not a bar to further prosecution based on the
same conduct. The court shall discharge the defendant unless the
court or prosecutor files an affidavit in probate court for civil
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.
If an affidavit for civil commitment is filed, the court may
detain the defendant for ten days pending civil commitment. All of
the following provisions apply to persons charged with a
misdemeanor or a felony other than a felony listed in division
(C)(1) of this section who are committed by the probate court
subsequent to the court's or prosecutor's filing of an affidavit
for civil commitment under authority of this division:
(a) The chief clinical officer of the entity, hospital, or
facility, the managing officer of the institution, the director of
the program, or the person to which the defendant is committed or
admitted shall do all of the following:
(i) Notify the prosecutor, in writing, of the discharge of
the defendant, send the notice at least ten days prior to the
discharge unless the discharge is by the probate court, and state
in the notice the date on which the defendant will be discharged;
(ii) Notify the prosecutor, in writing, when the defendant is
absent without leave or is granted unsupervised, off-grounds
movement, and send this notice promptly after the discovery of the
absence without leave or prior to the granting of the
unsupervised, off-grounds movement, whichever is applicable;
(iii) Notify the prosecutor, in writing, of the change of the
defendant's commitment or admission to voluntary status, send the
notice promptly upon learning of the change to voluntary status,
and state in the notice the date on which the defendant was
committed or admitted on a voluntary status.
(b) Upon receiving notice that the defendant will be granted
unsupervised, off-grounds movement, the prosecutor either shall
re-indict the defendant or promptly notify the court that the
prosecutor does not intend to prosecute the charges against the
defendant.
(I) If a defendant is convicted of a crime and sentenced to a
jail or workhouse, the defendant's sentence shall be reduced by
the total number of days the defendant is confined for evaluation
to determine the defendant's competence to stand trial or
treatment under this section and sections 2945.37 and 2945.371 of
the Revised Code or by the total number of days the defendant is
confined for evaluation to determine the defendant's mental
condition at the time of the offense charged.
Sec. 2945.39. (A) If a defendant who is charged with an
offense described in division (C)(1) of section 2945.38 of the
Revised Code is found incompetent to stand trial, after the
expiration of the maximum time for treatment as specified in
division (C) of that section or after the court finds that there
is not a substantial probability that the defendant will become
competent to stand trial even if the defendant is provided with a
course of treatment, one of the following applies:
(1) The court or the prosecutor may file an affidavit in
probate court for civil commitment of the defendant in the manner
provided in Chapter 5122. or 5123. of the Revised Code. If the
court or prosecutor files an affidavit for civil commitment, the
court may detain the defendant for ten days pending civil
commitment. If the probate court commits the defendant subsequent
to the court's or prosecutor's filing of an affidavit for civil
commitment, the chief clinical officer of the entity, hospital, or
facility, the managing officer of the institution, the director of
the program, or the person to which the defendant is committed or
admitted shall send to the prosecutor the notices described in
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised
Code within the periods of time and under the circumstances
specified in those divisions.
(2) On the motion of the prosecutor or on its own motion, the
court may retain jurisdiction over the defendant if, at a hearing,
the court finds both of the following by clear and convincing
evidence:
(a) The defendant committed the offense with which the
defendant is charged.
(b) The defendant is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order.
(B) In making its determination under division (A)(2) of this
section as to whether to retain jurisdiction over the defendant,
the court may consider all relevant evidence, including, but not
limited to, any relevant psychiatric, psychological, or medical
testimony or reports, the acts constituting the offense charged,
and any history of the defendant that is relevant to the
defendant's ability to conform to the law.
(C) If the court conducts a hearing as described in division
(A)(2) of this section and if the court does not make both
findings described in divisions (A)(2)(a) and (b) of this section
by clear and convincing evidence, the court shall dismiss the
indictment, information, or complaint against the defendant. Upon
the dismissal, the court shall discharge the defendant unless the
court or prosecutor files an affidavit in probate court for civil
commitment of the defendant pursuant to Chapter 5122. or 5123. of
the Revised Code. If the court or prosecutor files an affidavit
for civil commitment, the court may order that the defendant be
detained for up to ten days pending the civil commitment. If the
probate court commits the defendant subsequent to the court's or
prosecutor's filing of an affidavit for civil commitment, the
chief clinical officer of the entity, hospital, or facility, the
managing officer of the institution, the director of the program,
or the person to which the defendant is committed or admitted
shall send to the prosecutor the notices described in divisions
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code
within the periods of time and under the circumstances specified
in those divisions. A dismissal of charges under this division is
not a bar to further criminal proceedings based on the same
conduct.
(D)(1) If the court conducts a hearing as described in
division (A)(2) of this section and if the court makes the
findings described in divisions (A)(2)(a) and (b) of this section
by clear and convincing evidence, the court shall commit the
defendant, if determined to require mental health treatment,
either to the department of mental health and addiction services
for treatment at a hospital, facility, or agency as determined
clinically appropriate by the department of mental health and
addiction services or to another medical or psychiatric facility,
as appropriate. Prior to placing the defendant, the department of
mental health and addiction services shall obtain court approval
for that placement. If the court conducts such a hearing and if it
makes those findings by clear and convincing evidence, the court
shall commit the defendant, if determined to require treatment for
mental retardation, to a facility operated by the department of
developmental disabilities, or another facility, as appropriate.
In determining the place of commitment, the court shall consider
the extent to which the person is a danger to the person and to
others, the need for security, and the type of crime involved and
shall order the least restrictive alternative available that is
consistent with public safety and the welfare of the defendant. In
weighing these factors, the court shall give preference to
protecting public safety.
(2) If a court makes a commitment of a defendant under
division (D)(1) of this section, the prosecutor shall send to the
hospital, facility, or agency where the defendant is placed by the
department of mental health and addiction services or to the
defendant's place of commitment all reports of the defendant's
current mental condition and, except as otherwise provided in this
division, any other relevant information, including, but not
limited to, a transcript of the hearing held pursuant to division
(A)(2) of this section, copies of relevant police reports, and
copies of any prior arrest and conviction records that pertain to
the defendant and that the prosecutor possesses. The prosecutor
shall send the reports of the defendant's current mental condition
in every case of commitment, and, unless the prosecutor determines
that the release of any of the other relevant information to
unauthorized persons would interfere with the effective
prosecution of any person or would create a substantial risk of
harm to any person, the prosecutor also shall send the other
relevant information. Upon admission of a defendant committed
under division (D)(1) of this section, the place of commitment
shall send to the board of alcohol, drug addiction, and mental
health services or the community mental health board serving the
county in which the charges against the defendant were filed a
copy of all reports of the defendant's current mental condition
and a copy of the other relevant information provided by the
prosecutor under this division, including, if provided, a
transcript of the hearing held pursuant to division (A)(2) of this
section, the relevant police reports, and the prior arrest and
conviction records that pertain to the defendant and that the
prosecutor possesses.
(3) If a court makes a commitment under division (D)(1) of
this section, all further proceedings shall be in accordance with
sections 2945.401 and 2945.402 of the Revised Code.
Sec. 2945.40. (A) If a person is found not guilty by reason
of insanity, the verdict shall state that finding, and the trial
court shall conduct a full hearing to determine whether the person
is a mentally ill person subject to hospitalization by court order
or a mentally retarded person subject to institutionalization by
court order. Prior to the hearing, if the trial judge believes
that there is probable cause that the person found not guilty by
reason of insanity is a mentally ill person subject to
hospitalization by court order or mentally retarded person subject
to institutionalization by court order, the trial judge may issue
a temporary order of detention for that person to remain in effect
for ten court days or until the hearing, whichever occurs first.
Any person detained pursuant to a temporary order of
detention issued under this division shall be held in a suitable
facility, taking into consideration the place and type of
confinement prior to and during trial.
(B) The court shall hold the hearing under division (A) of
this section to determine whether the person found not guilty by
reason of insanity is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order within ten court
days after the finding of not guilty by reason of insanity.
Failure to conduct the hearing within the ten-day period shall
cause the immediate discharge of the respondent, unless the judge
grants a continuance for not longer than ten court days for good
cause shown or for any period of time upon motion of the
respondent.
(C) If a person is found not guilty by reason of insanity,
the person has the right to attend all hearings conducted pursuant
to sections 2945.37 to 2945.402 of the Revised Code. At any
hearing conducted pursuant to one of those sections, the court
shall inform the person that the person has all of the following
rights:
(1) The right to be represented by counsel and to have that
counsel provided at public expense if the person is indigent, with
the counsel to be appointed by the court under Chapter 120. of the
Revised Code or under the authority recognized in division (C) of
section 120.06, division (E) of section 120.16, division (E) of
section 120.26, or section 2941.51 of the Revised Code;
(2) The right to have independent expert evaluation and to
have that independent expert evaluation provided at public expense
if the person is indigent;
(3) The right to subpoena witnesses and documents, to present
evidence on the person's behalf, and to cross-examine witnesses
against the person;
(4) The right to testify in the person's own behalf and to
not be compelled to testify;
(5) The right to have copies of any relevant medical or
mental health document in the custody of the state or of any place
of commitment other than a document for which the court finds that
the release to the person of information contained in the document
would create a substantial risk of harm to any person.
(D) The hearing under division (A) of this section shall be
open to the public, and the court shall conduct the hearing in
accordance with the Rules of Civil Procedure. The court shall make
and maintain a full transcript and record of the hearing
proceedings. The court may consider all relevant evidence,
including, but not limited to, any relevant psychiatric,
psychological, or medical testimony or reports, the acts
constituting the offense in relation to which the person was found
not guilty by reason of insanity, and any history of the person
that is relevant to the person's ability to conform to the law.
(E) Upon completion of the hearing under division (A) of this
section, if the court finds there is not clear and convincing
evidence that the person is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order, the court shall
discharge the person, unless a detainer has been placed upon the
person by the department of rehabilitation and correction, in
which case the person shall be returned to that department.
(F) If, at the hearing under division (A) of this section,
the court finds by clear and convincing evidence that the person
is a mentally ill person subject to hospitalization by court
order, the court shall commit the person either to the department
of mental health and addiction services for treatment in a
hospital, facility, or agency as determined clinically appropriate
by the department of mental health and addiction services or to
another medical or psychiatric facility, as appropriate. Prior to
placing the defendant, the department of mental health and
addiction services shall obtain court approval for that placement.
If, at the hearing under division (A) of this section, the court
determines by clear and convincing evidence that the person
requires treatment for mental retardation, it shall commit the
person to a facility operated by the department of developmental
disabilities or another facility, as appropriate. Further
proceedings shall be in accordance with sections 2945.401 and
2945.402 of the Revised Code. In determining the place of
commitment, the court shall consider the extent to which the
person is a danger to the person and to others, the need for
security, and the type of crime involved and shall order the least
restrictive alternative available that is consistent with public
safety and the welfare of the person. In weighing these factors,
the court shall give preference to protecting public safety.
(G) If a court makes a commitment of a person under division
(F) of this section, the prosecutor shall send to the hospital,
facility, or agency where the person is placed by the department
of mental health and addiction services or to the defendant's
place of commitment all reports of the person's current mental
condition, and, except as otherwise provided in this division, any
other relevant information, including, but not limited to, a
transcript of the hearing held pursuant to division (A) of this
section, copies of relevant police reports, and copies of any
prior arrest and conviction records that pertain to the person and
that the prosecutor possesses. The prosecutor shall send the
reports of the person's current mental condition in every case of
commitment, and, unless the prosecutor determines that the release
of any of the other relevant information to unauthorized persons
would interfere with the effective prosecution of any person or
would create a substantial risk of harm to any person, the
prosecutor also shall send the other relevant information. Upon
admission of a person committed under division (F) of this
section, the place of commitment shall send to the board of
alcohol, drug addiction, and mental health services or the
community mental health board serving the county in which the
charges against the person were filed a copy of all reports of the
person's current mental condition and a copy of the other relevant
information provided by the prosecutor under this division,
including, if provided, a transcript of the hearing held pursuant
to division (A) of this section, the relevant police reports, and
the prior arrest and conviction records that pertain to the person
and that the prosecutor possesses.
(H) A person who is committed pursuant to this section shall
not voluntarily admit the person or be voluntarily admitted to a
hospital or institution pursuant to section 5122.02, 5122.15,
5123.69, or 5123.76 of the Revised Code.
Sec. 2945.401. (A) A defendant found incompetent to stand
trial and committed pursuant to section 2945.39 of the Revised
Code or a person found not guilty by reason of insanity and
committed pursuant to section 2945.40 of the Revised Code shall
remain subject to the jurisdiction of the trial court pursuant to
that commitment, and to the provisions of this section, until the
final termination of the commitment as described in division
(J)(1) of this section. If the jurisdiction is terminated under
this division because of the final termination of the commitment
resulting from the expiration of the maximum prison term or term
of imprisonment described in division (J)(1)(b) of this section,
the court or prosecutor may file an affidavit for the civil
commitment of the defendant or person pursuant to Chapter 5122. or
5123. of the Revised Code.
(B) A hearing conducted under any provision of sections
2945.37 to 2945.402 of the Revised Code shall not be conducted in
accordance with Chapters 5122. and 5123. of the Revised Code. Any
person who is committed pursuant to section 2945.39 or 2945.40 of
the Revised Code shall not voluntarily admit the person or be
voluntarily admitted to a hospital or institution pursuant to
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.
All other provisions of Chapters 5122. and 5123. of the Revised
Code regarding hospitalization or institutionalization shall apply
to the extent they are not in conflict with this chapter. A
commitment under section 2945.39 or 2945.40 of the Revised Code
shall not be terminated and the conditions of the commitment shall
not be changed except as otherwise provided in division (D)(2) of
this section with respect to a mentally retarded person subject to
institutionalization by court order or except by order of the
trial court.
(C) The department of mental health and addiction services or
the institution, facility, or program to which a defendant or
person has been committed under section 2945.39 or 2945.40 of the
Revised Code shall report in writing to the trial court, at the
times specified in this division, as to whether the defendant or
person remains a mentally ill person subject to hospitalization by
court order or a mentally retarded person subject to
institutionalization by court order and, in the case of a
defendant committed under section 2945.39 of the Revised Code, as
to whether the defendant remains incompetent to stand trial. The
department, institution, facility, or program shall make the
reports after the initial six months of treatment and every two
years after the initial report is made. The trial court shall
provide copies of the reports to the prosecutor and to the counsel
for the defendant or person. Within thirty days after its receipt
pursuant to this division of a report from the department,
institution, facility, or program, the trial court shall hold a
hearing on the continued commitment of the defendant or person or
on any changes in the conditions of the commitment of the
defendant or person. The defendant or person may request a change
in the conditions of confinement, and the trial court shall
conduct a hearing on that request if six months or more have
elapsed since the most recent hearing was conducted under this
section.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, when a defendant or person has been committed under
section 2945.39 or 2945.40 of the Revised Code, at any time after
evaluating the risks to public safety and the welfare of the
defendant or person, the designee of the department of mental
health and addiction services or the managing officer of the
institution or director of the facility or program to which the
defendant or person is committed may recommend a termination of
the defendant's or person's commitment or a change in the
conditions of the defendant's or person's commitment.
Except as otherwise provided in division (D)(2) of this
section, if the designee of the department of mental health and
addiction services recommends on-grounds unsupervised movement,
off-grounds supervised movement, or nonsecured status for the
defendant or person or termination of the defendant's or person's
commitment, the following provisions apply:
(a) If the department's designee recommends on-grounds
unsupervised movement or off-grounds supervised movement, the
department's designee shall file with the trial court an
application for approval of the movement and shall send a copy of
the application to the prosecutor. Within fifteen days after
receiving the application, the prosecutor may request a hearing on
the application and, if a hearing is requested, shall so inform
the department's designee. If the prosecutor does not request a
hearing within the fifteen-day period, the trial court shall
approve the application by entering its order approving the
requested movement or, within five days after the expiration of
the fifteen-day period, shall set a date for a hearing on the
application. If the prosecutor requests a hearing on the
application within the fifteen-day period, the trial court shall
hold a hearing on the application within thirty days after the
hearing is requested. If the trial court, within five days after
the expiration of the fifteen-day period, sets a date for a
hearing on the application, the trial court shall hold the hearing
within thirty days after setting the hearing date. At least
fifteen days before any hearing is held under this division, the
trial court shall give the prosecutor written notice of the date,
time, and place of the hearing. At the conclusion of each hearing
conducted under this division, the trial court either shall
approve or disapprove the application and shall enter its order
accordingly.
(b) If the department's designee recommends termination of
the defendant's or person's commitment at any time or if the
department's designee recommends the first of any nonsecured
status for the defendant or person, the department's designee
shall send written notice of this recommendation to the trial
court and to the local forensic center. The local forensic center
shall evaluate the committed defendant or person and, within
thirty days after its receipt of the written notice, shall submit
to the trial court and the department's designee a written report
of the evaluation. The trial court shall provide a copy of the
department's designee's written notice and of the local forensic
center's written report to the prosecutor and to the counsel for
the defendant or person. Upon the local forensic center's
submission of the report to the trial court and the department's
designee, all of the following apply:
(i) If the forensic center disagrees with the recommendation
of the department's designee, it shall inform the department's
designee and the trial court of its decision and the reasons for
the decision. The department's designee, after consideration of
the forensic center's decision, shall either withdraw, proceed
with, or modify and proceed with the recommendation. If the
department's designee proceeds with, or modifies and proceeds
with, the recommendation, the department's designee shall proceed
in accordance with division (D)(1)(b)(iii) of this section.
(ii) If the forensic center agrees with the recommendation of
the department's designee, it shall inform the department's
designee and the trial court of its decision and the reasons for
the decision, and the department's designee shall proceed in
accordance with division (D)(1)(b)(iii) of this section.
(iii) If the forensic center disagrees with the
recommendation of the department's designee and the department's
designee proceeds with, or modifies and proceeds with, the
recommendation or if the forensic center agrees with the
recommendation of the department's designee, the department's
designee shall work with community mental health services
providers, programs, facilities, or boards of alcohol, drug
addiction, and mental health services or community mental health
boards to develop a plan to implement the recommendation. If the
defendant or person is on medication, the plan shall include, but
shall not be limited to, a system to monitor the defendant's or
person's compliance with the prescribed medication treatment plan.
The system shall include a schedule that clearly states when the
defendant or person shall report for a medication compliance
check. The medication compliance checks shall be based upon the
effective duration of the prescribed medication, taking into
account the route by which it is taken, and shall be scheduled at
intervals sufficiently close together to detect a potential
increase in mental illness symptoms that the medication is
intended to prevent.
The department's designee, after consultation with the board
of alcohol, drug addiction, and mental health services or the
community mental health board serving the area, shall send the
recommendation and plan developed under division (D)(1)(b)(iii) of
this section, in writing, to the trial court, the prosecutor, and
the counsel for the committed defendant or person. The trial court
shall conduct a hearing on the recommendation and plan developed
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)
and (d) and (E) to (J) of this section apply regarding the
hearing.
(c) If the department's designee's recommendation is for
nonsecured status or termination of commitment, the prosecutor may
obtain an independent expert evaluation of the defendant's or
person's mental condition, and the trial court may continue the
hearing on the recommendation for a period of not more than thirty
days to permit time for the evaluation.
The prosecutor may introduce the evaluation report or present
other evidence at the hearing in accordance with the Rules of
Evidence.
(d) The trial court shall schedule the hearing on a
department's designee's recommendation for nonsecured status or
termination of commitment and shall give reasonable notice to the
prosecutor and the counsel for the defendant or person. Unless
continued for independent evaluation at the prosecutor's request
or for other good cause, the hearing shall be held within thirty
days after the trial court's receipt of the recommendation and
plan.
(2)(a) Division (D)(1) of this section does not apply to
on-grounds unsupervised movement of a defendant or person who has
been committed under section 2945.39 or 2945.40 of the Revised
Code, who is a mentally retarded person subject to
institutionalization by court order, and who is being provided
residential habilitation, care, and treatment in a facility
operated by the department of developmental disabilities.
(b) If, pursuant to section 2945.39 of the Revised Code, the
trial court commits a defendant who is found incompetent to stand
trial and who is a mentally retarded person subject to
institutionalization by court order, if the defendant is being
provided residential habilitation, care, and treatment in a
facility operated by the department of developmental disabilities,
if an individual who is conducting a survey for the department of
health to determine the facility's compliance with the
certification requirements of the medicaid program cites the
defendant's receipt of the residential habilitation, care, and
treatment in the facility as being inappropriate under the
certification requirements, if the defendant's receipt of the
residential habilitation, care, and treatment in the facility
potentially jeopardizes the facility's continued receipt of
federal medicaid moneys, and if as a result of the citation the
chief clinical officer of the facility determines that the
conditions of the defendant's commitment should be changed, the
department of developmental disabilities may cause the defendant
to be removed from the particular facility and, after evaluating
the risks to public safety and the welfare of the defendant and
after determining whether another type of placement is consistent
with the certification requirements, may place the defendant in
another facility that the department selects as an appropriate
facility for the defendant's continued receipt of residential
habilitation, care, and treatment and that is a no less secure
setting than the facility in which the defendant had been placed
at the time of the citation. Within three days after the
defendant's removal and alternative placement under the
circumstances described in division (D)(2)(b) of this section, the
department of developmental disabilities shall notify the trial
court and the prosecutor in writing of the removal and alternative
placement.
The trial court shall set a date for a hearing on the removal
and alternative placement, and the hearing shall be held within
twenty-one days after the trial court's receipt of the notice from
the department of developmental disabilities. At least ten days
before the hearing is held, the trial court shall give the
prosecutor, the department of developmental disabilities, and the
counsel for the defendant written notice of the date, time, and
place of the hearing. At the hearing, the trial court shall
consider the citation issued by the individual who conducted the
survey for the department of health to be prima-facie evidence of
the fact that the defendant's commitment to the particular
facility was inappropriate under the certification requirements of
the medicaid program and potentially jeopardizes the particular
facility's continued receipt of federal medicaid moneys. At the
conclusion of the hearing, the trial court may approve or
disapprove the defendant's removal and alternative placement. If
the trial court approves the defendant's removal and alternative
placement, the department of developmental disabilities may
continue the defendant's alternative placement. If the trial court
disapproves the defendant's removal and alternative placement, it
shall enter an order modifying the defendant's removal and
alternative placement, but that order shall not require the
department of developmental disabilities to replace the defendant
for purposes of continued residential habilitation, care, and
treatment in the facility associated with the citation issued by
the individual who conducted the survey for the department of
health.
(E) In making a determination under this section regarding
nonsecured status or termination of commitment, the trial court
shall consider all relevant factors, including, but not limited
to, all of the following:
(1) Whether, in the trial court's view, the defendant or
person currently represents a substantial risk of physical harm to
the defendant or person or others;
(2) Psychiatric and medical testimony as to the current
mental and physical condition of the defendant or person;
(3) Whether the defendant or person has insight into the
defendant's or person's condition so that the defendant or person
will continue treatment as prescribed or seek professional
assistance as needed;
(4) The grounds upon which the state relies for the proposed
commitment;
(5) Any past history that is relevant to establish the
defendant's or person's degree of conformity to the laws, rules,
regulations, and values of society;
(6) If there is evidence that the defendant's or person's
mental illness is in a state of remission, the medically suggested
cause and degree of the remission and the probability that the
defendant or person will continue treatment to maintain the
remissive state of the defendant's or person's illness should the
defendant's or person's commitment conditions be altered.
(F) At any hearing held pursuant to division (C) or (D)(1) or
(2) of this section, the defendant or the person shall have all
the rights of a defendant or person at a commitment hearing as
described in section 2945.40 of the Revised Code.
(G) In a hearing held pursuant to division (C) or (D)(1) of
this section, the prosecutor has the burden of proof as follows:
(1) For a recommendation of termination of commitment, to
show by clear and convincing evidence that the defendant or person
remains a mentally ill person subject to hospitalization by court
order or a mentally retarded person subject to
institutionalization by court order;
(2) For a recommendation for a change in the conditions of
the commitment to a less restrictive status, to show by clear and
convincing evidence that the proposed change represents a threat
to public safety or a threat to the safety of any person.
(H) In a hearing held pursuant to division (C) or (D)(1) or
(2) of this section, the prosecutor shall represent the state or
the public interest.
(I) At the conclusion of a hearing conducted under division
(D)(1) of this section regarding a recommendation from the
designee of the department of mental health and addiction
services, managing officer of the institution, or director of a
facility or program, the trial court may approve, disapprove, or
modify the recommendation and shall enter an order accordingly.
(J)(1) A defendant or person who has been committed pursuant
to section 2945.39 or 2945.40 of the Revised Code continues to be
under the jurisdiction of the trial court until the final
termination of the commitment. For purposes of division (J) of
this section, the final termination of a commitment occurs upon
the earlier of one of the following:
(a) The defendant or person no longer is a mentally ill
person subject to hospitalization by court order or a mentally
retarded person subject to institutionalization by court order, as
determined by the trial court;
(b) The expiration of the maximum prison term or term of
imprisonment that the defendant or person could have received if
the defendant or person had been convicted of the most serious
offense with which the defendant or person is charged or in
relation to which the defendant or person was found not guilty by
reason of insanity;
(c) The trial court enters an order terminating the
commitment under the circumstances described in division
(J)(2)(a)(ii) of this section.
(2)(a) If a defendant is found incompetent to stand trial and
committed pursuant to section 2945.39 of the Revised Code, if
neither of the circumstances described in divisions (J)(1)(a) and
(b) of this section applies to that defendant, and if a report
filed with the trial court pursuant to division (C) of this
section indicates that the defendant presently is competent to
stand trial or if, at any other time during the period of the
defendant's commitment, the prosecutor, the counsel for the
defendant, or the designee of the department of mental health and
addiction services or the managing officer of the institution or
director of the facility or program to which the defendant is
committed files an application with the trial court alleging that
the defendant presently is competent to stand trial and requesting
a hearing on the competency issue or the trial court otherwise has
reasonable cause to believe that the defendant presently is
competent to stand trial and determines on its own motion to hold
a hearing on the competency issue, the trial court shall schedule
a hearing on the competency of the defendant to stand trial, shall
give the prosecutor, the counsel for the defendant, and the
department's designee or the managing officer of the institution
or the director of the facility to which the defendant is
committed notice of the date, time, and place of the hearing at
least fifteen days before the hearing, and shall conduct the
hearing within thirty days of the filing of the application or of
its own motion. If, at the conclusion of the hearing, the trial
court determines that the defendant presently is capable of
understanding the nature and objective of the proceedings against
the defendant and of assisting in the defendant's defense, the
trial court shall order that the defendant is competent to stand
trial and shall be proceeded against as provided by law with
respect to the applicable offenses described in division (C)(1) of
section 2945.38 of the Revised Code and shall enter whichever of
the following additional orders is appropriate:
(i) If the trial court determines that the defendant remains
a mentally ill person subject to hospitalization by court order or
a mentally retarded person subject to institutionalization by
court order, the trial court shall order that the defendant's
commitment to the department of mental health and addiction
services or to an institution, facility, or program for the
treatment of mental retardation be continued during the pendency
of the trial on the applicable offenses described in division
(C)(1) of section 2945.38 of the Revised Code.
(ii) If the trial court determines that the defendant no
longer is a mentally ill person subject to hospitalization by
court order or a mentally retarded person subject to
institutionalization by court order, the trial court shall order
that the defendant's commitment to the department of mental health
and addiction services or to an institution, facility, or program
for the treatment of mental retardation shall not be continued
during the pendency of the trial on the applicable offenses
described in division (C)(1) of section 2945.38 of the Revised
Code. This order shall be a final termination of the commitment
for purposes of division (J)(1)(c) of this section.
(b) If, at the conclusion of the hearing described in
division (J)(2)(a) of this section, the trial court determines
that the defendant remains incapable of understanding the nature
and objective of the proceedings against the defendant or of
assisting in the defendant's defense, the trial court shall order
that the defendant continues to be incompetent to stand trial,
that the defendant's commitment to the department of mental health
and addiction services or to an institution, facility, or program
for the treatment of mental retardation shall be continued, and
that the defendant remains subject to the jurisdiction of the
trial court pursuant to that commitment, and to the provisions of
this section, until the final termination of the commitment as
described in division (J)(1) of this section.
Sec. 2967.22. Whenever it is brought to the attention of the
adult parole authority or a department of probation that a
parolee, person under a community control sanction, person under
transitional control, or releasee appears to be a mentally ill
person subject to hospitalization by court order, as defined in
section 5122.01 of the Revised Code, or a mentally retarded person
subject to institutionalization by court order, as defined in
section 5123.01 of the Revised Code, the parole or probation
officer, subject to the approval of the chief of the adult parole
authority, the designee of the chief of the adult parole
authority, or the chief probation officer, may file an affidavit
under section 5122.11 or 5123.71 of the Revised Code. A parolee,
person under a community control sanction, or releasee who is
involuntarily detained under Chapter 5122. or 5123. of the Revised
Code shall receive credit against the period of parole or
community control or the term of post-release control for the
period of involuntary detention.
If a parolee, person under a community control sanction,
person under transitional control, or releasee escapes from an
institution or facility within the department of mental health and
addiction services or the department of developmental
disabilities, the superintendent of the institution immediately
shall notify the chief of the adult parole authority or the chief
probation officer. Notwithstanding the provisions of section
5122.26 of the Revised Code, the procedure for the apprehension,
detention, and return of the parolee, person under a community
control sanction, person under transitional control, or releasee
is the same as that provided for the apprehension, detention, and
return of persons who escape from institutions operated by the
department of rehabilitation and correction. If the escaped
parolee, person under transitional control, or releasee is not
apprehended and returned to the custody of the department of
mental health and addiction services or the department of
developmental disabilities within ninety days after the escape,
the parolee, person under transitional control, or releasee shall
be discharged from the custody of the department of mental health
and addiction services or the department of developmental
disabilities and returned to the custody of the department of
rehabilitation and correction. If the escaped person under a
community control sanction is not apprehended and returned to the
custody of the department of mental health and addiction services
or the department of developmental disabilities within ninety days
after the escape, the person under a community control sanction
shall be discharged from the custody of the department of mental
health and addiction services or the department of developmental
disabilities and returned to the custody of the court that
sentenced that person.
Sec. 5119.311. The department of mental health and addiction
services may examine into, with or without expert assistance, the
question of the mental and physical condition of any person
committed to or involuntarily confined in any hospital for the
mentally ill, or restrained of liberty at any place within this
state by reason of alleged mental illness and may order and compel
the discharge of any such person who is not a mentally ill person
subject to hospitalization by court order as defined in division
(B) of section 5122.01 of the Revised Code and direct what
disposition shall be made of the person. The order of discharge
shall be signed by the director of mental health and addiction
services. Upon receipt of such order by the superintendent or
other person in charge of the building in which the person named
in such order is confined, such person shall forthwith be
discharged or otherwise disposed of according to the terms of said
order, and any further or other detention of such person is
unlawful. No such order shall be made in favor of any person
committed and held for trial on a criminal charge, in confinement
by an order of a judge or court made in a criminal proceeding, or
in any case unless notice is given to the superintendent or other
person having charge of the building in which the alleged mentally
ill person is detained, and a reasonable opportunity is allowed
the person in charge to justify further detention of the person
confined.
Sec. 5120.17. (A) As used in this section:
(1) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(2) "Mentally ill person subject to hospitalization" means a
mentally ill person to whom any of the following applies because
of the person's mental illness:
(a) The person represents a substantial risk of physical harm
to the person as manifested by evidence of threats of, or attempts
at, suicide or serious self-inflicted bodily harm.
(b) The person represents a substantial risk of physical harm
to others as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that place another in
reasonable fear of violent behavior and serious physical harm, or
other evidence of present dangerousness.
(c) The person represents a substantial and immediate risk of
serious physical impairment or injury to the person as manifested
by evidence that the person is unable to provide for and is not
providing for the person's basic physical needs because of the
person's mental illness and that appropriate provision for those
needs cannot be made immediately available in the correctional
institution in which the inmate is currently housed.
(d) The person would benefit from treatment in a hospital for
the person's mental illness and is in need of treatment in a
hospital as manifested by evidence of behavior that creates a
grave and imminent risk to substantial rights of others or the
person.
(3) "Psychiatric hospital" means all or part of a facility
that is operated and managed by the department of mental health
and addiction services to provide psychiatric hospitalization
services in accordance with the requirements of this section
pursuant to an agreement between the directors of rehabilitation
and correction and mental health and addiction services or, is
licensed by the department of mental health and addiction services
pursuant to section 5119.33 of the Revised Code as a psychiatric
hospital and is accredited by a health care accrediting
organization approved by the department of mental health and
addiction services and the psychiatric hospital is any of the
following:
(a) Operated and managed by the department of rehabilitation
and correction within a facility that is operated by the
department of rehabilitation and correction;
(b) Operated and managed by a contractor for the department
of rehabilitation and correction within a facility that is
operated by the department of rehabilitation and correction;
(c) Operated and managed in the community by an entity that
has contracted with the department of rehabilitation and
correction to provide psychiatric hospitalization services in
accordance with the requirements of this section.
(4) "Inmate patient" means an inmate who is admitted to a
psychiatric hospital.
(5) "Admitted" to a psychiatric hospital means being accepted
for and staying at least one night at the psychiatric hospital.
(6) "Treatment plan" means a written statement of reasonable
objectives and goals for an inmate patient that is based on the
needs of the inmate patient and that is established by the
treatment team, with the active participation of the inmate
patient and with documentation of that participation. "Treatment
plan" includes all of the following:
(a) The specific criteria to be used in evaluating progress
toward achieving the objectives and goals;
(b) The services to be provided to the inmate patient during
the inmate patient's hospitalization;
(c) The services to be provided to the inmate patient after
discharge from the hospital, including, but not limited to,
housing and mental health services provided at the state
correctional institution to which the inmate patient returns after
discharge or community mental health services.
(7) "Mentally retarded person subject to institutionalization
by court order" has the same meaning as in section 5123.01 of the
Revised Code.
(8) "Emergency transfer" means the transfer of a mentally ill
inmate to a psychiatric hospital when the inmate presents an
immediate danger to self or others and requires hospital-level
care.
(9) "Uncontested transfer" means the transfer of a mentally
ill inmate to a psychiatric hospital when the inmate has the
mental capacity to, and has waived, the hearing required by
division (B) of this section.
(10)(a) "Independent decision-maker" means a person who is
employed or retained by the department of rehabilitation and
correction and is appointed by the chief or chief clinical officer
of mental health services as a hospitalization hearing officer to
conduct due process hearings.
(b) An independent decision-maker who presides over any
hearing or issues any order pursuant to this section shall be a
psychiatrist, psychologist, or attorney, shall not be specifically
associated with the institution in which the inmate who is the
subject of the hearing or order resides at the time of the hearing
or order, and previously shall not have had any treatment
relationship with nor have represented in any legal proceeding the
inmate who is the subject of the order.
(B)(1) Except as provided in division (C) of this section, if
the warden of a state correctional institution or the warden's
designee believes that an inmate should be transferred from the
institution to a psychiatric hospital, the department shall hold a
hearing to determine whether the inmate is a mentally ill person
subject to hospitalization. The department shall conduct the
hearing at the state correctional institution in which the inmate
is confined, and the department shall provide qualified
independent assistance to the inmate for the hearing. An
independent decision-maker provided by the department shall
preside at the hearing and determine whether the inmate is a
mentally ill person subject to hospitalization.
(2) Except as provided in division (C) of this section, prior
to the hearing held pursuant to division (B)(1) of this section,
the warden or the warden's designee shall give written notice to
the inmate that the department is considering transferring the
inmate to a psychiatric hospital, that it will hold a hearing on
the proposed transfer at which the inmate may be present, that at
the hearing the inmate has the rights described in division (B)(3)
of this section, and that the department will provide qualified
independent assistance to the inmate with respect to the hearing.
The department shall not hold the hearing until the inmate has
received written notice of the proposed transfer and has had
sufficient time to consult with the person appointed by the
department to provide assistance to the inmate and to prepare for
a presentation at the hearing.
(3) At the hearing held pursuant to division (B)(1) of this
section, the department shall disclose to the inmate the evidence
that it relies upon for the transfer and shall give the inmate an
opportunity to be heard. Unless the independent decision-maker
finds good cause for not permitting it, the inmate may present
documentary evidence and the testimony of witnesses at the hearing
and may confront and cross-examine witnesses called by the
department.
(4) If the independent decision-maker does not find clear and
convincing evidence that the inmate is a mentally ill person
subject to hospitalization, the department shall not transfer the
inmate to a psychiatric hospital but shall continue to confine the
inmate in the same state correctional institution or in another
state correctional institution that the department considers
appropriate. If the independent decision-maker finds clear and
convincing evidence that the inmate is a mentally ill person
subject to hospitalization, the decision-maker shall order that
the inmate be transported to a psychiatric hospital for
observation and treatment for a period of not longer than thirty
days. After the hearing, the independent decision-maker shall
submit to the department a written decision that states one of the
findings described in division (B)(4) of this section, the
evidence that the decision-maker relied on in reaching that
conclusion, and, if the decision is that the inmate should be
transferred, the reasons for the transfer.
(C)(1) The department may transfer an inmate to a psychiatric
hospital under an emergency transfer order if the chief clinical
officer of mental health services of the department or that
officer's designee and either a psychiatrist employed or retained
by the department or, in the absence of a psychiatrist, a
psychologist employed or retained by the department determines
that the inmate is mentally ill, presents an immediate danger to
self or others, and requires hospital-level care.
(2) The department may transfer an inmate to a psychiatric
hospital under an uncontested transfer order if both of the
following apply:
(a) A psychiatrist employed or retained by the department
determines all of the following apply:
(i) The inmate has a mental illness or is a mentally ill
person subject to hospitalization.
(ii) The inmate requires hospital care to address the mental
illness.
(iii) The inmate has the mental capacity to make a reasoned
choice regarding the inmate's transfer to a hospital.
(b) The inmate agrees to a transfer to a hospital.
(3) The written notice and the hearing required under
divisions (B)(1) and (2) of this section are not required for an
emergency transfer or uncontested transfer under division (C)(1)
or (2) of this section.
(4) After an emergency transfer under division (C)(1) of this
section, the department shall hold a hearing for continued
hospitalization within five working days after admission of the
transferred inmate to the psychiatric hospital. The department
shall hold subsequent hearings pursuant to division (F) of this
section at the same intervals as required for inmate patients who
are transported to a psychiatric hospital under division (B)(4) of
this section.
(5) After an uncontested transfer under division (C)(2) of
this section, the inmate may withdraw consent to the transfer in
writing at any time. Upon the inmate's withdrawal of consent, the
hospital shall discharge the inmate, or, within five working days,
the department shall hold a hearing for continued hospitalization.
The department shall hold subsequent hearings pursuant to division
(F) of this section at the same time intervals as required for
inmate patients who are transported to a psychiatric hospital
under division (B)(4) of this section.
(D)(1) If an independent decision-maker, pursuant to division
(B)(4) of this section, orders an inmate transported to a
psychiatric hospital or if an inmate is transferred pursuant to
division (C)(1) or (2) of this section, the staff of the
psychiatric hospital shall examine the inmate patient when
admitted to the psychiatric hospital as soon as practicable after
the inmate patient arrives at the hospital and no later than
twenty-four hours after the time of arrival. The attending
physician responsible for the inmate patient's care shall give the
inmate patient all information necessary to enable the patient to
give a fully informed, intelligent, and knowing consent to the
treatment the inmate patient will receive in the hospital. The
attending physician shall tell the inmate patient the expected
physical and medical consequences of any proposed treatment and
shall give the inmate patient the opportunity to consult with
another psychiatrist at the hospital and with the inmate advisor.
(2) No inmate patient who is transported or transferred
pursuant to division (B)(4) or (C)(1) or (2) of this section to a
psychiatric hospital within a facility that is operated by the
department of rehabilitation and correction shall be subjected to
any of the following procedures:
(b) Major aversive interventions;
(c) Any unusually hazardous treatment procedures;
(E) The department of rehabilitation and correction shall
ensure that an inmate patient hospitalized pursuant to this
section receives or has all of the following:
(1) Receives sufficient professional care within twenty days
of admission to ensure that an evaluation of the inmate patient's
current status, differential diagnosis, probable prognosis, and
description of the current treatment plan have been formulated and
are stated on the inmate patient's official chart;
(2) Has a written treatment plan consistent with the
evaluation, diagnosis, prognosis, and goals of treatment;
(3) Receives treatment consistent with the treatment plan;
(4) Receives periodic reevaluations of the treatment plan by
the professional staff at intervals not to exceed thirty days;
(5) Is provided with adequate medical treatment for physical
disease or injury;
(6) Receives humane care and treatment, including, without
being limited to, the following:
(a) Access to the facilities and personnel required by the
treatment plan;
(b) A humane psychological and physical environment;
(c) The right to obtain current information concerning the
treatment program, the expected outcomes of treatment, and the
expectations for the inmate patient's participation in the
treatment program in terms that the inmate patient reasonably can
understand;
(d) Opportunity for participation in programs designed to
help the inmate patient acquire the skills needed to work toward
discharge from the psychiatric hospital;
(e) The right to be free from unnecessary or excessive
medication and from unnecessary restraints or isolation;
(f) All other rights afforded inmates in the custody of the
department consistent with rules, policy, and procedure of the
department.
(F) The department shall hold a hearing for the continued
hospitalization of an inmate patient who is transported or
transferred to a psychiatric hospital pursuant to division (B)(4)
or (C)(1) of this section prior to the expiration of the initial
thirty-day period of hospitalization. The department shall hold
any subsequent hearings, if necessary, not later than ninety days
after the first thirty-day hearing and then not later than each
one hundred and eighty days after the immediately prior hearing.
An independent decision-maker shall conduct the hearings at the
psychiatric hospital in which the inmate patient is confined. The
inmate patient shall be afforded all of the rights set forth in
this section for the hearing prior to transfer to the psychiatric
hospital. The department may not waive a hearing for continued
commitment. A hearing for continued commitment is mandatory for an
inmate patient transported or transferred to a psychiatric
hospital pursuant to division (B)(4) or (C)(1) of this section
unless the inmate patient has the capacity to make a reasoned
choice to execute a waiver and waives the hearing in writing. An
inmate patient who is transferred to a psychiatric hospital
pursuant to an uncontested transfer under division (C)(2) of this
section and who has scheduled hearings after withdrawal of consent
for hospitalization may waive any of the scheduled hearings if the
inmate has the capacity to make a reasoned choice and executes a
written waiver of the hearing.
If upon completion of the hearing the independent
decision-maker does not find by clear and convincing evidence that
the inmate patient is a mentally ill person subject to
hospitalization, the independent decision-maker shall order the
inmate patient's discharge from the psychiatric hospital. If the
independent decision-maker finds by clear and convincing evidence
that the inmate patient is a mentally ill person subject to
hospitalization, the independent decision-maker shall order that
the inmate patient remain at the psychiatric hospital for
continued hospitalization until the next required hearing.
If at any time prior to the next required hearing for
continued hospitalization, the medical director of the hospital or
the attending physician determines that the treatment needs of the
inmate patient could be met equally well in an available and
appropriate less restrictive state correctional institution or
unit, the medical director or attending physician may discharge
the inmate to that facility.
(G) An inmate patient is entitled to the credits toward the
reduction of the inmate patient's stated prison term pursuant to
Chapters 2967. and 5120. of the Revised Code under the same terms
and conditions as if the inmate patient were in any other
institution of the department of rehabilitation and correction.
(H) The adult parole authority may place an inmate patient on
parole or under post-release control directly from a psychiatric
hospital.
(I) If an inmate patient who is a mentally ill person subject
to hospitalization is to be released from a psychiatric hospital
because of the expiration of the inmate patient's stated prison
term, the director of rehabilitation and correction or the
director's designee, at least fourteen days before the expiration
date, may file an affidavit under section 5122.11 or 5123.71 of
the Revised Code with the probate court in the county where the
psychiatric hospital is located or the probate court in the county
where the inmate will reside, alleging that the inmate patient is
a mentally ill person subject to hospitalization by court order or
a mentally retarded person subject to institutionalization by
court order, whichever is applicable. The proceedings in the
probate court shall be conducted pursuant to Chapter 5122. or
5123. of the Revised Code except as modified by this division.
Upon the request of the inmate patient, the probate court
shall grant the inmate patient an initial hearing under section
5122.141 of the Revised Code or a probable cause hearing under
section 5123.75 of the Revised Code before the expiration of the
stated prison term. After holding a full hearing, the probate
court shall make a disposition authorized by section 5122.15 or
5123.76 of the Revised Code before the date of the expiration of
the stated prison term. No inmate patient shall be held in the
custody of the department of rehabilitation and correction past
the date of the expiration of the inmate patient's stated prison
term.
(J) The department of rehabilitation and correction shall set
standards for treatment provided to inmate patients.
(K) A certificate, application, record, or report that is
made in compliance with this section and that directly or
indirectly identifies an inmate or former inmate whose
hospitalization has been sought under this section is
confidential. No person shall disclose the contents of any
certificate, application, record, or report of that nature or any
other psychiatric or medical record or report regarding a mentally
ill inmate unless one of the following applies:
(1) The person identified, or the person's legal guardian, if
any, consents to disclosure, and the chief clinical officer or
designee of mental health services of the department of
rehabilitation and correction determines that disclosure is in the
best interests of the person.
(2) Disclosure is required by a court order signed by a
judge.
(3) An inmate patient seeks access to the inmate patient's
own psychiatric and medical records, unless access is specifically
restricted in the treatment plan for clear treatment reasons.
(4) Hospitals and other institutions and facilities within
the department of rehabilitation and correction may exchange
psychiatric records and other pertinent information with other
hospitals, institutions, and facilities of the department, but the
information that may be released about an inmate patient is
limited to medication history, physical health status and history,
summary of course of treatment in the hospital, summary of
treatment needs, and a discharge summary, if any.
(5) An inmate patient's family member who is involved in
planning, providing, and monitoring services to the inmate patient
may receive medication information, a summary of the inmate
patient's diagnosis and prognosis, and a list of the services and
personnel available to assist the inmate patient and family if the
attending physician determines that disclosure would be in the
best interest of the inmate patient. No disclosure shall be made
under this division unless the inmate patient is notified of the
possible disclosure, receives the information to be disclosed, and
does not object to the disclosure.
(6) The department of rehabilitation and correction may
exchange psychiatric hospitalization records, other mental health
treatment records, and other pertinent information with county
sheriffs' offices, hospitals, institutions, and facilities of the
department of mental health and addiction services and with
community mental health services providers and boards of alcohol,
drug addiction, and mental health services with which the
department of mental health and addiction services has a current
agreement for patient care or services to ensure continuity of
care. Disclosure under this division is limited to records
regarding a mentally ill inmate's medication history, physical
health status and history, summary of course of treatment, summary
of treatment needs, and a discharge summary, if any. No office,
department, agency, provider, or board shall disclose the records
and other information unless one of the following applies:
(a) The mentally ill inmate is notified of the possible
disclosure and consents to the disclosure.
(b) The mentally ill inmate is notified of the possible
disclosure, an attempt to gain the consent of the inmate is made,
and the office, department, agency, or board documents the attempt
to gain consent, the inmate's objections, if any, and the reasons
for disclosure in spite of the inmate's objections.
(7) Information may be disclosed to staff members designated
by the director of rehabilitation and correction for the purpose
of evaluating the quality, effectiveness, and efficiency of
services and determining if the services meet minimum standards.
The name of an inmate patient shall not be retained with the
information obtained during the evaluations.
(L) The director of rehabilitation and correction may adopt
rules setting forth guidelines for the procedures required under
divisions (B), (C)(1), and (C)(2) of this section.
Sec. 5122.01. As used in this chapter and Chapter 5119. of
the Revised Code:
(A) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(B) "Mentally ill person subject to hospitalization by court
order" means a mentally ill person who, because of the person's
illness:
(1) Represents a substantial risk of physical harm to self as
manifested by evidence of threats of, or attempts at, suicide or
serious self-inflicted bodily harm;
(2) Represents a substantial risk of physical harm to others
as manifested by evidence of recent homicidal or other violent
behavior, evidence of recent threats that place another in
reasonable fear of violent behavior and serious physical harm, or
other evidence of present dangerousness;
(3) Represents a substantial and immediate risk of serious
physical impairment or injury to self as manifested by evidence
that the person is unable to provide for and is not providing for
the person's basic physical needs because of the person's mental
illness and that appropriate provision for those needs cannot be
made immediately available in the community; or
(4) Would benefit from treatment in a hospital for the
person's mental illness and is in need of such treatment as
manifested by evidence of behavior that creates a grave and
imminent risk to substantial rights of others or the person;
(5)(a) Would benefit from treatment as manifested by evidence
of behavior that indicates all of the following:
(i) The person is unlikely to survive safely in the community
without supervision, based on a clinical determination.
(ii) The person has a history of lack of compliance with
treatment for mental illness and one of the following applies:
(I) At least twice within the thirty-six months prior to the
filing of an affidavit seeking court-ordered treatment of the
person under section 5122.111 of the Revised Code, the lack of
compliance has been a significant factor in necessitating
hospitalization in a hospital or receipt of services in a forensic
or other mental health unit of a correctional facility, provided
that the thirty-six-month period shall be extended by the length
of any hospitalization or incarceration of the person that
occurred within the thirty-six-month period.
(II) Within the forty-eight months prior to the filing of an
affidavit seeking court-ordered treatment of the person under
section 5122.111 of the Revised Code, the lack of compliance
resulted in one or more acts of serious violent behavior toward
self or others or threats of, or attempts at, serious physical
harm to self or others, provided that the forty-eight-month period
shall be extended by the length of any hospitalization or
incarceration of the person that occurred within the
forty-eight-month period.
(iii) The person, as a result of the person's mental illness,
is unlikely to voluntarily participate in necessary treatment.
(iv) In view of the person's treatment history and current
behavior, the person is in need of treatment in order to prevent a
relapse or deterioration that would be likely to result in
substantial risk of serious harm to the person or others.
(b) An individual who meets only the criteria described in
division (B)(5)(a) of this section is not subject to
hospitalization.
(C)(1) "Patient" means, subject to division (C)(2) of this
section, a person who is admitted either voluntarily or
involuntarily to a hospital or other place under section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a
finding of not guilty by reason of insanity or incompetence to
stand trial or under this chapter, who is under observation or
receiving treatment in such place.
(2) "Patient" does not include a person admitted to a
hospital or other place under section 2945.39, 2945.40, 2945.401,
or 2945.402 of the Revised Code to the extent that the reference
in this chapter to patient, or the context in which the reference
occurs, is in conflict with any provision of sections 2945.37 to
2945.402 of the Revised Code.
(D) "Licensed physician" means a person licensed under the
laws of this state to practice medicine or a medical officer of
the government of the United States while in this state in the
performance of the person's official duties.
(E) "Psychiatrist" means a licensed physician who has
satisfactorily completed a residency training program in
psychiatry, as approved by the residency review committee of the
American medical association, the committee on post-graduate
education of the American osteopathic association, or the American
osteopathic board of neurology and psychiatry, or who on July 1,
1989, has been recognized as a psychiatrist by the Ohio state
medical association or the Ohio osteopathic association on the
basis of formal training and five or more years of medical
practice limited to psychiatry.
(F) "Hospital" means a hospital or inpatient unit licensed by
the department of mental health and addiction services under
section 5119.33 of the Revised Code, and any institution,
hospital, or other place established, controlled, or supervised by
the department under Chapter 5119. of the Revised Code.
(G) "Public hospital" means a facility that is tax-supported
and under the jurisdiction of the department of mental health and
addiction services.
(H) "Community mental health services provider" means an
agency, association, corporation, individual, or program that
provides community mental health services that are certified by
the director of mental health and addiction services under section
5119.36 of the Revised Code.
(I) "Licensed clinical psychologist" means a person who holds
a current valid psychologist license issued under section 4732.12
of the Revised Code, and in addition, meets the educational
requirements set forth in division (B) of section 4732.10 of the
Revised Code and has a minimum of two years' full-time
professional experience, or the equivalent as determined by rule
of the state board of psychology, at least one year of which shall
be a predoctoral internship, in clinical psychological work in a
public or private hospital or clinic or in private practice,
diagnosing and treating problems of mental illness or mental
retardation under the supervision of a psychologist who is
licensed or who holds a diploma issued by the American board of
professional psychology, or whose qualifications are substantially
similar to those required for licensure by the state board of
psychology when the supervision has occurred prior to enactment of
laws governing the practice of psychology.
(J) "Health officer" means any public health physician;
public health nurse; or other person authorized by or designated
by a city health district; a general health district; or a board
of alcohol, drug addiction, and mental health services to perform
the duties of a health officer under this chapter.
(K) "Chief clinical officer" means the medical director of a
hospital, or a community mental health services provider, or a
board of alcohol, drug addiction, and mental health services, or,
if there is no medical director, the licensed physician
responsible for the treatment a hospital or community mental
health services provider provides. The chief clinical officer may
delegate to the attending physician responsible for a patient's
care the duties imposed on the chief clinical officer by this
chapter. Within a community mental health services provider, the
chief clinical officer shall be designated by the governing body
of the services provider and shall be a licensed physician or
licensed clinical psychologist who supervises diagnostic and
treatment services. A licensed physician or licensed clinical
psychologist designated by the chief clinical officer may perform
the duties and accept the responsibilities of the chief clinical
officer in the chief clinical officer's absence.
(L) "Working day" or "court day" means Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a
holiday.
(M) "Indigent" means unable without deprivation of
satisfaction of basic needs to provide for the payment of an
attorney and other necessary expenses of legal representation,
including expert testimony.
(N) "Respondent" means the person whose detention,
commitment, hospitalization, continued hospitalization or
commitment, or discharge is being sought in any proceeding under
this chapter.
(O) "Ohio protection and advocacy system" has the same
meaning as in section 5123.60 of the Revised Code.
(P) "Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or
licensed physician who has been selected by the respondent or the
respondent's counsel and who consents to conducting the
evaluation.
(Q) "Court" means the probate division of the court of common
pleas.
(1) The removal and destruction of court files and records,
originals and copies, and the deletion of all index references;
(2) The reporting to the person of the nature and extent of
any information about the person transmitted to any other person
by the court;
(3) Otherwise insuring that any examination of court files
and records in question shall show no record whatever with respect
to the person;
(4) That all rights and privileges are restored, and that the
person, the court, and any other person may properly reply that no
such record exists, as to any matter expunged.
(S) "Residence" means a person's physical presence in a
county with intent to remain there, except that:
(1) If a person is receiving a mental health service at a
facility that includes nighttime sleeping accommodations,
residence means that county in which the person maintained the
person's primary place of residence at the time the person entered
the facility;
(2) If a person is committed pursuant to section 2945.38,
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,
residence means the county where the criminal charges were filed.
When the residence of a person is disputed, the matter of
residence shall be referred to the department of mental health and
addiction services for investigation and determination. Residence
shall not be a basis for a board's denying services to any person
present in the board's service district, and the board shall
provide services for a person whose residence is in dispute while
residence is being determined and for a person in an emergency
situation.
(T) "Admission" to a hospital or other place means that a
patient is accepted for and stays at least one night at the
hospital or other place.
(U) "Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case in
which a person was found guilty.
(V)(1) "Treatment plan" means a written statement of
reasonable objectives and goals for an individual established by
the treatment team, with specific criteria to evaluate progress
towards achieving those objectives. The
(2) The active participation of the patient in establishing
the objectives and goals shall be documented. The treatment plan
shall be based on patient needs and include services to be
provided to the patient while the patient is hospitalized and,
after the patient is discharged, or in an outpatient setting. The
treatment plan shall address services to be provided upon
discharge, including. In the establishment of the treatment plan,
consideration should be given to the availability of services,
which may include but are not limited to housing, financial, and
vocational services all of the following:
(a) Community psychiatric supportive treatment;
(b) Assertive community treatment;
(d) Individual or group therapy;
(e) Peer support services;
(g) Housing or supervised living services;
(h) Alcohol or substance abuse treatment;
(i) Any other services prescribed to treat the patient's
mental illness and to either assist the patient in living and
functioning in the community or to help prevent a relapse or a
deterioration of the patient's current condition.
(3) If the person subject to the treatment plan has executed
an advanced directive for mental health treatment, the treatment
team shall consider any directions included in such advanced
directive in developing the treatment plan.
(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(Y) "Local correctional facility" has the same meaning as in
section 2903.13 of the Revised Code.
Sec. 5122.03. A patient admitted under section 5122.02 of
the Revised Code who requests release in writing, or whose release
is requested in writing by the patient's counsel, legal guardian,
parent, spouse, or adult next of kin shall be released forthwith,
except that when:
(A) The patient was admitted on the patient's own application
and the request for release is made by a person other than the
patient, release may be conditional upon the agreement of the
patient; or
(B) The chief clinical officer of the hospital, within three
court days from the receipt of the request for release, files or
causes to be filed with the court of the county where the patient
is hospitalized or of the county where the patient is a resident,
an affidavit under section 5122.11 of the Revised Code. Release
may be postponed until the hearing held under section 5122.141 of
the Revised Code. A telephone communication within three court
days from the receipt of the request for release from the chief
clinical officer to the court, indicating that the required
affidavit has been mailed, is sufficient compliance with the time
limit for filing such affidavit.
Unless the patient is released within three days from the
receipt of the request by the chief clinical officer, the request
shall serve as a request for an initial hearing under section
5122.141 of the Revised Code. If the court finds that the patient
is a mentally ill person subject to hospitalization by court
order, all provisions of this chapter with respect to involuntary
hospitalization apply to such person.
Judicial proceedings for hospitalization shall not be
commenced with respect to a voluntary patient except pursuant to
this section.
Sections 5121.30 to 5121.56 of the Revised Code apply to
persons received in a hospital operated by the department of
mental health and addiction services on a voluntary application.
The chief clinical officer of the hospital shall provide
reasonable means and arrangements for informing patients of their
rights to release as provided in this section and for assisting
them in making and presenting requests for release or for a
hearing under section 5122.141 of the Revised Code.
Before a patient is released from a public hospital, the
chief clinical officer shall, when possible, notify the board of
the patient's county of residence of the patient's pending release
after the chief clinical officer has informed the patient that the
board will be so notified.
Sec. 5122.05. (A) The chief clinical officer of a hospital
may, and the chief clinical officer of a public hospital in all
cases of psychiatric medical emergencies, shall receive for
observation, diagnosis, care, and treatment any person whose
admission is applied for under any of the following procedures:
(1) Emergency procedure, as provided in section 5122.10 of
the Revised Code;
(2) Judicial procedure as provided in sections 2945.38,
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of
the Revised Code.
Upon application for such admission, the chief clinical
officer of a hospital immediately shall notify the board of the
patient's county of residence. To assist the hospital in
determining whether the patient is subject to involuntary
hospitalization and whether alternative services are available,
the board or an agency the board designates promptly shall assess
the patient unless the board or agency already has performed such
assessment, or unless the commitment is pursuant to section
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code.
(B) No person who is being treated by spiritual means through
prayer alone, in accordance with a recognized religious method of
healing, may be involuntarily committed unless the court has
determined that the person represents a substantial risk of
impairment or injury to self or others;
(C) Any person who is involuntarily detained in a hospital or
otherwise is in custody under this chapter, immediately upon being
taken into custody, shall be informed and provided with a written
statement that the person may do any of the following:
(1) Immediately make a reasonable number of telephone calls
or use other reasonable means to contact an attorney, a licensed
physician, or a licensed clinical psychologist, to contact any
other person or persons to secure representation by counsel, or to
obtain medical or psychological assistance, and be provided
assistance in making calls if the assistance is needed and
requested;
(2) Retain counsel and have independent expert evaluation of
the person's mental condition and, if the person is unable to
obtain an attorney or independent expert evaluation, be
represented by court-appointed counsel or have independent expert
evaluation of the person's mental condition, or both, at public
expense if the person is indigent;
(3) Have a hearing to determine whether or not the person is
a mentally ill person subject to hospitalization by court order.
Sec. 5122.10. Any psychiatrist, licensed clinical
psychologist, licensed physician, health officer, parole officer,
police officer, or sheriff may take a person into custody, or the
chief of the adult parole authority or a parole or probation
officer with the approval of the chief of the authority may take a
parolee, an offender under a community control sanction or a
post-release control sanction, or an offender under transitional
control into custody and may immediately transport the parolee,
offender on community control or post-release control, or offender
under transitional control to a hospital or, notwithstanding
section 5119.33 of the Revised Code, to a general hospital not
licensed by the department of mental health and addiction services
where the parolee, offender on community control or post-release
control, or offender under transitional control may be held for
the period prescribed in this section, if the psychiatrist,
licensed clinical psychologist, licensed physician, health
officer, parole officer, police officer, or sheriff has reason to
believe that the person is a mentally ill person subject to
hospitalization by court order under division (B) of section
5122.01 of the Revised Code, and represents a substantial risk of
physical harm to self or others if allowed to remain at liberty
pending examination.
A written statement shall be given to such hospital by the
transporting psychiatrist, licensed clinical psychologist,
licensed physician, health officer, parole officer, police
officer, chief of the adult parole authority, parole or probation
officer, or sheriff stating the circumstances under which such
person was taken into custody and the reasons for the
psychiatrist's, licensed clinical psychologist's, licensed
physician's, health officer's, parole officer's, police officer's,
chief of the adult parole authority's, parole or probation
officer's, or sheriff's belief. This statement shall be made
available to the respondent or the respondent's attorney upon
request of either.
Every reasonable and appropriate effort shall be made to take
persons into custody in the least conspicuous manner possible. A
person taking the respondent into custody pursuant to this section
shall explain to the respondent: the name and professional
designation and affiliation of the person taking the respondent
into custody; that the custody-taking is not a criminal arrest;
and that the person is being taken for examination by mental
health professionals at a specified mental health facility
identified by name.
If a person taken into custody under this section is
transported to a general hospital, the general hospital may admit
the person, or provide care and treatment for the person, or both,
notwithstanding section 5119.33 of the Revised Code, but by the
end of twenty-four hours after arrival at the general hospital,
the person shall be transferred to a hospital as defined in
section 5122.01 of the Revised Code.
A person transported or transferred to a hospital or
community mental health services provider under this section shall
be examined by the staff of the hospital or services provider
within twenty-four hours after arrival at the hospital or services
provider. If to conduct the examination requires that the person
remain overnight, the hospital or services provider shall admit
the person in an unclassified status until making a disposition
under this section. After the examination, if the chief clinical
officer of the hospital or services provider believes that the
person is not a mentally ill person subject to hospitalization by
court order, the chief clinical officer shall release or discharge
the person immediately unless a court has issued a temporary order
of detention applicable to the person under section 5122.11 of the
Revised Code. After the examination, if the chief clinical officer
believes that the person is a mentally ill person subject to
hospitalization by court order, the chief clinical officer may
detain the person for not more than three court days following the
day of the examination and during such period admit the person as
a voluntary patient under section 5122.02 of the Revised Code or
file an affidavit under section 5122.11 of the Revised Code. If
neither action is taken and a court has not otherwise issued a
temporary order of detention applicable to the person under
section 5122.11 of the Revised Code, the chief clinical officer
shall discharge the person at the end of the three-day period
unless the person has been sentenced to the department of
rehabilitation and correction and has not been released from the
person's sentence, in which case the person shall be returned to
that department.
Sec. 5122.11. Proceedings for the hospitalization of a
mentally ill person subject to court order pursuant to sections
5122.11 to 5122.15 of the Revised Code shall be commenced by the
filing of an affidavit in the manner and form prescribed by the
department of mental health and addiction services and in a form
prescribed in section 5122.111 of the Revised Code, by any person
or persons with the probate court in the county where the mentally
ill person subject to court order resides, either on reliable
information or actual knowledge, whichever is determined to be
proper by the court. This section does not apply to the
hospitalization of a person pursuant to section 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code.
The affidavit shall contain an allegation setting forth the
specific category or categories under division (B) of section
5122.01 of the Revised Code upon which the jurisdiction of the
court is based and a statement of alleged facts sufficient to
indicate probable cause to believe that the person is a mentally
ill person subject to hospitalization by court order. The
affidavit may be accompanied, or the court may require that the
affidavit be accompanied, by a certificate of a psychiatrist, or a
certificate signed by a licensed clinical psychologist and a
certificate signed by a licensed physician stating that the person
who issued the certificate has examined the person and is of the
opinion that the person is a mentally ill person subject to
hospitalization by court order, or shall be accompanied by a
written statement by the applicant, under oath, that the person
has refused to submit to an examination by a psychiatrist, or by a
licensed clinical psychologist and licensed physician.
Upon receipt of the affidavit, if a judge of the court or a
referee who is an attorney at law appointed by the court has
probable cause to believe that the person named in the affidavit
is a mentally ill person subject to hospitalization by court
order, the judge or referee may issue a temporary order of
detention ordering any health or police officer or sheriff to take
into custody and transport the person to a hospital or other place
designated in section 5122.17 of the Revised Code, or may set the
matter for further hearing. If a temporary order of detention is
issued and the person is transported to a hospital or other
designated place, the court that issued the order shall retain
jurisdiction over the case as it relates to the person's
outpatient treatment, notwithstanding that the hospital or other
designated place to which the person is transported is outside the
territorial jurisdiction of the court.
The person may be observed and treated until the hearing
provided for in section 5122.141 of the Revised Code. If no such
hearing is held, the person may be observed and treated until the
hearing provided for in section 5122.15 of the Revised Code.
Sec. 5122.111. To initiate proceedings for court-ordered
treatment of a person under section 5122.11 of the Revised Code, a
person or persons shall file an affidavit with the probate court
that is identical in form and content to the following:
AFFIDAVIT OF MENTAL ILLNESS
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The State of Ohio |
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..................... Court |
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the undersigned, residing at
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says, that he/she has information to believe or has actual knowledge that
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(Please specify specific category(ies) below with an X.)
[ ] Represents a substantial risk of physical harm to self as
manifested by evidence of threats of, or attempts at, suicide or
serious self-inflicted bodily harm;
[ ] Represents a substantial risk of physical harm to others as
manifested by evidence of recent homicidal or other violent
behavior or evidence of recent threats that place another in
reasonable fear of violent behavior and serious physical harm or
other evidence of present dangerousness;
[ ] Represents a substantial and immediate risk of serious
physical impairment or injury to self as manifested by evidence of
being unable to provide for and of not providing for basic
physical needs because of mental illness and that appropriate
provision for such needs cannot be made immediately available in
the community;
[ ] Would benefit from treatment for mental illness and is in need
of such treatment as manifested by evidence of behavior that
creates a grave and imminent risk to substantial rights of others
or the person; or
[ ] Would benefit from treatment as manifested by evidence of
behavior that indicates all of the following:
(a) The person is unlikely to survive safely in the community
without supervision, based on a clinical determination.
(b) The person has a history of lack of compliance with treatment
for mental illness and one of the following applies:
(i) At least twice within the thirty-six months prior to the
filing of an affidavit seeking court-ordered treatment of the
person under section 5122.111 of the Revised Code, the lack of
compliance has been a significant factor in necessitating
hospitalization in a hospital or receipt of services in a forensic
or other mental health unit of a correctional facility, provided
that the thirty-six-month period shall be extended by the length
of any hospitalization or incarceration of the person that
occurred within the thirty-six-month period.
(ii) Within the forty-eight months prior to the filing of an
affidavit seeking court-ordered treatment of the person under
section 5122.111 of the Revised Code, the lack of compliance
resulted in one or more acts of serious violent behavior toward
self or others or threats of, or attempts at, serious physical
harm to self or others, provided that the forty-eight-month period
shall be extended by the length of any hospitalization or
incarceration of the person that occurred within the
forty-eight-month period.
(c) The person, as a result of mental illness, is unlikely to
voluntarily participate in necessary treatment.
(d) In view of the person's treatment history and current
behavior, the person is in need of treatment in order to prevent a
relapse or deterioration that would be likely to result in
substantial risk of serious harm to the person or others.
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(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows:
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These facts being sufficient to indicate probable cause that the
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above said person is a mentally ill person subject to
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court order.
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Name of Patient's Last Physician or Licensed Clinical Psychologist
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Address of Patient's Last Physician or Licensed Clinical Psychologist
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The name and address of respondent's legal guardian, spouse, and
adult next of kin are:
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Spouse |
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Adult Next of Kin |
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The following constitutes additional information that may be
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necessary for the purpose of determining residence:
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Dated this ............. day of ..............., 20...
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Signature of the party filing the affidavit |
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Sworn to before me and signed in my presence on the day and year
above dated.
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Signature of Probate Judge |
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Signature of Deputy Clerk |
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WAIVER
I, the undersigned party filing the affidavit hereby waive the
issuing and service of notice of the hearing on said affidavit,
and voluntarily enter my appearance herein.
Dated this ............. day of ..............., 20...
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Signature of the party filing the affidavit |
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Sec. 5122.13. Upon Within two business days after receipt of
the affidavit required by section 5122.11 of the Revised Code, the
probate court shall refer the affidavit to the board of alcohol,
drug addiction, and mental health services or community mental
health services provider the board designates to assist the court
in determining whether the respondent is subject to
hospitalization court-ordered treatment and whether alternative
services alternatives to hospitalization are available, unless the
services provider or board has already performed such screening.
The board or services provider shall review the allegations of the
affidavit and other information relating to whether or not the
person named in the affidavit or statement is a mentally ill
person subject to
hospitalization by court order, and the
availability of appropriate treatment alternatives.
The person who conducts the investigation shall promptly make
a report to the court, in writing, in open court or in chambers,
as directed by the court and a full record of the report shall be
made by the court. The report is not admissible as evidence for
the purpose of establishing whether or not the respondent is a
mentally ill person subject to hospitalization by court order, but
shall be considered by the court in its determination of an
appropriate placement for any person after that person is found to
be a mentally ill person subject to hospitalization court order.
The court, prior to the hearing under section 5122.141 of the
Revised Code, shall release a copy of the investigative report to
the respondent's counsel.
Nothing in this section precludes a judge or referee from
issuing a temporary order of detention pursuant to section 5122.11
of the Revised Code.
Sec. 5122.141. (A) A respondent who is involuntarily placed
in a hospital or other place as designated in section 5122.10 or
5122.17 of the Revised Code, or with respect to whom proceedings
have been instituted under section 5122.11 of the Revised Code,
shall be afforded a hearing to determine whether or not the
respondent is a mentally ill person subject to hospitalization by
court order. The hearing shall be conducted pursuant to section
5122.15 of the Revised Code, and the respondent shall have the
right to counsel as provided in that section.
(B) The hearing shall be conducted within five court days
from the day on which the respondent is detained or an affidavit
is filed, whichever occurs first, in a physical setting not likely
to have a harmful effect on the respondent, and may be conducted
in a hospital in or out of the county. On the motion of the
respondent, his the respondent's counsel, the chief clinical
officer, or on its own motion, and for good cause shown, the court
may order a continuance of the hearing. The continuance may be for
no more than ten days from the day on which the respondent is
detained or on which an affidavit is filed, whichever occurs
first. Failure to conduct the hearing within this time shall
effect an immediate discharge of the respondent. If the
proceedings are not reinstituted within thirty days, all records
of the proceedings shall be expunged.
(C) If the court does not find that the respondent is a
mentally ill person subject to hospitalization by court order, it
shall order his the respondent's immediate discharge, and shall
expunge all record of the proceedings during this period.
(D) If the court finds that the respondent is a mentally ill
person subject to hospitalization by court order, the court may
issue an interim order of detention ordering any health or police
officer or sheriff to take into custody and transport such person
to a hospital or other place designated in section 5122.17 of the
Revised Code, where the respondent may be observed and treated.
(E) A respondent or his a respondent's counsel, after
obtaining the consent of the respondent, may waive the hearing
provided for in this section. In such case, unless the person has
been discharged, a mandatory full hearing shall be held by the
thirtieth day after the original involuntary detention of the
respondent. Failure to conduct the mandatory full hearing within
this time limit shall result in the immediate discharge of the
respondent.
(F) Where possible, the initial hearing shall be held before
the respondent is taken into custody.
Sec. 5122.15. (A) Full hearings shall be conducted in a
manner consistent with this chapter and with due process of law.
The hearings shall be conducted by a judge of the probate court or
a referee designated by a judge of the probate court and may be
conducted in or out of the county in which the respondent is held.
Any referee designated under this division shall be an attorney.
(1) With the consent of the respondent, the following shall
be made available to counsel for the respondent:
(a) All relevant documents, information, and evidence in the
custody or control of the state or prosecutor;
(b) All relevant documents, information, and evidence in the
custody or control of the hospital in which the respondent
currently is held, or in which the respondent has been held
pursuant to this chapter;
(c) All relevant documents, information, and evidence in the
custody or control of any hospital, facility, or person not
included in division (A)(1)(a) or (b) of this section.
(2) The respondent has the right to attend the hearing and to
be represented by counsel of the respondent's choice. The right to
attend the hearing may be waived only by the respondent or counsel
for the respondent after consultation with the respondent.
(3) If the respondent is not represented by counsel, is
absent from the hearing, and has not validly waived the right to
counsel, the court shall appoint counsel immediately to represent
the respondent at the hearing, reserving the right to tax costs of
appointed counsel to the respondent, unless it is shown that the
respondent is indigent. If the court appoints counsel, or if the
court determines that the evidence relevant to the respondent's
absence does not justify the absence, the court shall continue the
case.
(4) The respondent shall be informed that the respondent may
retain counsel and have independent expert evaluation. If the
respondent is unable to obtain an attorney, the respondent shall
be represented by court-appointed counsel. If the respondent is
indigent, court-appointed counsel and independent expert
evaluation shall be provided as an expense under section 5122.43
of the Revised Code.
(5) The hearing shall be closed to the public, unless counsel
for the respondent, with the permission of the respondent,
requests that the hearing be open to the public.
(6) If the hearing is closed to the public, the court, for
good cause shown, may admit persons who have a legitimate interest
in the proceedings. If the respondent, the respondent's counsel,
or the designee of the director or of the chief clinical officer
objects to the admission of any person, the court shall hear the
objection and any opposing argument and shall rule upon the
admission of the person to the hearing.
(7) The affiant under section 5122.11 of the Revised Code
shall be subject to subpoena by either party.
(8) The court shall examine the sufficiency of all documents
filed and shall inform the respondent, if present, and the
respondent's counsel of the nature and content of the documents
and the reason for which the respondent is being detained, or for
which the respondent's placement is being sought.
(9) The court shall receive only reliable, competent, and
material evidence.
(10) Unless proceedings are initiated pursuant to section
5120.17 or 5139.08 of the Revised Code, an attorney that the board
designates shall present the case demonstrating that the
respondent is a mentally ill person subject to hospitalization by
court order. The attorney shall offer evidence of the diagnosis,
prognosis, record of treatment, if any, and less restrictive
treatment plans, if any. In proceedings pursuant to section
5120.17 or 5139.08 of the Revised Code, the attorney general shall
designate an attorney who shall present the case demonstrating
that the respondent is a mentally ill person subject to
hospitalization by court order. The attorney shall offer evidence
of the diagnosis, prognosis, record of treatment, if any, and less
restrictive treatment plans, if any.
(11) The respondent or the respondent's counsel has the right
to subpoena witnesses and documents and to examine and
cross-examine witnesses.
(12) The respondent has the right, but shall not be
compelled, to testify, and shall be so advised by the court.
(13) On motion of the respondent or the respondent's counsel
for good cause shown, or on the court's own motion, the court may
order a continuance of the hearing.
(14) If the respondent is represented by counsel and the
respondent's counsel requests a transcript and record, or if the
respondent is not represented by counsel, the court shall make and
maintain a full transcript and record of the proceeding. If the
respondent is indigent and the transcript and record is made, a
copy shall be provided to the respondent upon request and be
treated as an expense under section 5122.43 of the Revised Code.
(15) To the extent not inconsistent with this chapter, the
Rules of Civil Procedure are applicable.
(B) Unless, upon completion of the hearing the court finds by
clear and convincing evidence that the respondent is a mentally
ill person subject to hospitalization by court order, it shall
order the respondent's discharge immediately.
(C) If, upon completion of the hearing, the court finds by
clear and convincing evidence that the respondent is a mentally
ill person subject to hospitalization by court order, the court
shall order the respondent for a period not to exceed ninety days
to any of the following:
(1) A hospital operated by the department of mental health
and addiction services if the respondent is committed pursuant to
section 5139.08 of the Revised Code;
(2) A nonpublic hospital;
(3) The veterans' administration or other agency of the
United States government;
(4) A board of alcohol, drug addiction, and mental health
services or services provider the board designates;
(5) Receive private psychiatric or psychological care and
treatment;
(6) Any other suitable facility or person consistent with the
diagnosis, prognosis, and treatment needs of the respondent.
A
jail or other local correctional facility is not a suitable
facility.
(D) Any order made pursuant to division (C)(2), (3), (5), or
(6) of this section shall be conditioned upon the receipt by the
court of consent by the hospital, facility, agency, or person to
accept the respondent and may include a requirement that a person
or entity described in division (C)(2), (3), (5), or (6) of this
section inform the board of alcohol, drug addiction, and mental
health services or community mental health services provider the
board designates about the progress of the respondent with the
treatment plan.
(E) In determining the place entity or person to which, or
the person with whom, the respondent is to be committed under
division (C) of this section, the court shall consider the
diagnosis, prognosis, preferences of the respondent and the
projected treatment plan for the respondent and shall order the
implementation of the least restrictive alternative available and
consistent with treatment goals. If the court determines that the
least restrictive alternative available that is consistent with
treatment goals is inpatient hospitalization, the court's order
shall so state.
(F) During such the ninety-day period the hospital; facility;
board of alcohol, drug addiction, and mental health services;
services provider the board designates; entity or person shall
examine and treat the individual respondent. If the respondent is
receiving treatment in an outpatient setting, or receives
treatment in an outpatient setting during a subsequent period of
continued commitment under division (H) of this section, the
entity or person to whom the respondent is committed shall
determine the appropriate outpatient treatment for the respondent.
If, at any time prior to the expiration of the ninety-day period,
it is determined by the hospital, facility, board, services
provider,
entity or person that the respondent's treatment needs
could be equally well met in an available and appropriate less
restrictive
environment setting, both of the following apply:
(1) The respondent shall be released from the care of the
hospital, services provider, facility, entity or person
immediately and shall be referred to the court together with a
report of the findings and recommendations of the hospital,
services provider, facility, entity or person; and
(2) The hospital, services provider, facility, entity or
person shall notify the respondent's counsel or the attorney
designated by a board of alcohol, drug addiction, and mental
health services or, if the respondent was committed to a board or
a services provider designated by the board, it shall place the
respondent in the least restrictive environment setting available
consistent with treatment goals and notify the court and the
respondent's counsel of the placement.
The court shall dismiss the case or order placement in the
least restrictive environment setting.
(G)(1) Except as provided in divisions division (G)(2) and
(3) of this section, any person who has been committed under this
section, or for whom proceedings for hospitalization treatment
have been commenced pursuant to section 5122.11 of the Revised
Code, may apply at any time for voluntary admission or treatment
to the hospital, facility, or services provider that the board
designates, entity or person to which the person was committed.
Upon admission as a voluntary patient the chief clinical officer
of the hospital, services provider, or other facility, entity or
the person immediately shall notify the court, the patient's
counsel, and the attorney designated by the board, if the attorney
has entered the proceedings, in writing of that fact, and, upon
receipt of the notice, the court shall dismiss the case.
(2) A person who is found incompetent to stand trial or not
guilty by reason of insanity and who is committed pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code shall not voluntarily commit the person pursuant to this
section until after the final termination of the commitment, as
described in division (J) of section 2945.401 of the Revised Code.
(H) If, at the end of the first ninety-day period or any
subsequent period of continued commitment, there has been no
disposition of the case, either by discharge or voluntary
admission or treatment, the hospital, facility, board, services
provider, entity or person shall discharge the patient
immediately, unless at least ten days before the expiration of the
period the attorney the board designates or the prosecutor files
with the court an application for continued commitment. The
application of the attorney or the prosecutor shall include a
written report containing the diagnosis, prognosis, past
treatment, a list of alternative treatment settings and plans, and
identification of the treatment setting that is the least
restrictive consistent with treatment needs. The attorney the
board designates or the prosecutor shall file the written report
at least three days prior to the full hearing. A copy of the
application and written report shall be provided to the
respondent's counsel immediately.
The court shall hold a full hearing on applications for
continued commitment at the expiration of the first ninety-day
period and at least every two years after the expiration of the
first ninety-day period.
Hearings following any application for continued commitment
are mandatory and may not be waived.
For a respondent who is ordered to receive treatment in an
outpatient setting, if at any time after the first ninety-day
period the entity or person to whom the respondent was ordered
determines that the respondent has demonstrated voluntary consent
for treatment, that entity or person shall immediately notify the
respondent, the respondent's counsel, the attorney designated by
the board, and the court. The entity or person shall submit to the
court a report of the findings and recommendations. The court may
dismiss the case upon review of the facts.
Upon request of a person who is involuntarily committed under
this section, or the person's counsel, that is made more than one
hundred eighty days after the person's last full hearing,
mandatory or requested, the court shall hold a full hearing on the
person's continued commitment. Upon the application of a person
involuntarily committed under this section, supported by an
affidavit of a psychiatrist or licensed clinical psychologist,
alleging that the person no longer is a mentally ill person
subject to hospitalization by court order, the court for good
cause shown may hold a full hearing on the person's continued
commitment prior to the expiration of one hundred eighty days
after the person's last full hearing. Section 5122.12 of the
Revised Code applies to all hearings on continued commitment.
If the court, after a hearing for continued commitment finds
by clear and convincing evidence that the respondent is a mentally
ill person subject to hospitalization by court order, the court
may order continued commitment at places or to persons specified
in division (C) of this section.
(I) Unless the admission is pursuant to section 5120.17 or
5139.08 of the Revised Code, the chief clinical officer of the
hospital or services provider entity admitting a respondent
pursuant to a judicial proceeding, within ten working days of the
admission, shall make a report of the admission to the board of
alcohol, drug addiction, and mental health services serving the
respondent's county of residence.
(J) A referee appointed by the court may make all orders that
a judge may make under this section and sections 5122.11 and
5122.141 of the Revised Code, except an order of contempt of
court. The orders of a referee take effect immediately. Within
fourteen days of the making of an order by a referee, a party may
file written objections to the order with the court. The filed
objections shall be considered a motion, shall be specific, and
shall state their grounds with particularity. Within ten days of
the filing of the objections, a judge of the court shall hold a
hearing on the objections and may hear and consider any testimony
or other evidence relating to the respondent's mental condition.
At the conclusion of the hearing, the judge may ratify, rescind,
or modify the referee's order.
(K) An order of the court under division (C), (H), or (J) of
this section is a final order.
(L) Before a board, or a services provider the board
designates, may place an unconsenting respondent in an inpatient
setting from a less restrictive placement, the board or services
provider shall do all of the following:
(1) Determine that the respondent is in immediate need of
treatment in an inpatient setting because the respondent
represents a substantial risk of physical harm to the respondent
or others if allowed to remain in a less restrictive setting;
(2) On the day of placement in the inpatient setting or on
the next court day, file with the court a motion for transfer to
an inpatient setting or communicate to the court by telephone that
the required motion has been mailed;
(3) Ensure that every reasonable and appropriate effort is
made to take the respondent to the inpatient setting in the least
conspicuous manner possible;
(4) Immediately notify the board's designated attorney and
the respondent's attorney.
At the respondent's request, the court shall hold a hearing
on the motion and make a determination pursuant to division (E) of
this section within five days of the placement.
(M) Before a board, or a services provider the board
designates, may move a respondent from one residential placement
to another, the board or services provider shall consult with the
respondent about the placement. If the respondent objects to the
placement, the proposed placement and the need for it shall be
reviewed by a qualified mental health professional who otherwise
is not involved in the treatment of the respondent.
(N) The entity or person to whom the respondent was ordered
for treatment in an outpatient setting may submit a report to the
court indicating that the respondent has either failed to comply
with the treatment plan or begun to demonstrate signs of
decompensation that may be grounds for hospitalization. On receipt
of the report, the court shall promptly schedule a hearing to
review the case. The court shall conduct the hearing in a manner
consistent with this chapter and due process of law. The board
shall receive notice of the hearing and the board and entity or
person treating the respondent shall submit a report to the court
with a plan for appropriate alternative treatment, if any, or
recommend that the court discontinue the court-ordered treatment.
The court shall consider available and appropriate alternative
placements but shall not impose criminal sanctions that result in
confinement in a jail or other local correctional facility based
on the respondent's failure to comply with the treatment plan. The
court may not order the respondent to a more restrictive placement
unless the criteria specified in division (L) of this section are
met and may not order the respondent to an inpatient setting
unless the court determines by clear and convincing evidence
presented by the board that the respondent meets the criteria
specified in divisions (A) and (B)(1), (2), (3), or (4) of section
5122.01 of the Revised Code.
Sec. 5122.19. Every person transported to a hospital or
community mental health services provider pursuant to sections
5122.11 to 5122.16 of the Revised Code, shall be examined by the
staff of the hospital or services provider as soon as practicable
after arrival at the hospital or services provider. Such an
examination shall be held within twenty-four hours after the time
of arrival, and if the chief clinical officer fails after such an
examination to certify that in the chief clinical officer's
opinion the person is a mentally ill person subject to
hospitalization by court order, the person shall be immediately
released.
Sec. 5122.21. (A) The chief clinical officer shall as
frequently as practicable, and at least once every thirty days,
examine or cause to be examined every patient, and, whenever the
chief clinical officer determines that the conditions justifying
involuntary hospitalization or commitment no longer obtain, shall
discharge the patient not under indictment or conviction for crime
and immediately make a report of the discharge to the department
of mental health and addiction services. The chief clinical
officer may discharge a patient who is under an indictment, a
sentence of imprisonment, a community control sanction, or a
post-release control sanction or on parole ten days after written
notice of intent to discharge the patient has been given by
personal service or certified mail, return receipt requested, to
the court having criminal jurisdiction over the patient. Except
when the patient was found not guilty by reason of insanity and
the defendant's commitment is pursuant to section 2945.40 of the
Revised Code, the chief clinical officer has final authority to
discharge a patient who is under an indictment, a sentence of
imprisonment, a community control sanction, or a post-release
control sanction or on parole.
(B) After a finding pursuant to section 5122.15 of the
Revised Code that a person is a mentally ill person subject to
hospitalization by court order, the chief clinical officer of the
hospital or community mental health services provider to which the
person is ordered or to which the person is transferred under
section 5122.20 of the Revised Code, may grant a discharge without
the consent or authorization of any court.
Upon discharge, the chief clinical officer shall notify the
court that caused the judicial hospitalization of the discharge
from the hospital.
Sec. 5122.27. The chief clinical officer of the hospital or
the chief clinical officer's designee shall assure that all
patients hospitalized or committed pursuant to this chapter shall:
(A) Receive, within twenty days of their admission sufficient
professional care to assure that an evaluation of current status,
differential diagnosis, probable prognosis, and description of the
current treatment plan is stated on the official chart;
(B) Have a written treatment plan consistent with the
evaluation, diagnosis, prognosis, and goals which shall be
provided, upon request of the patient or patient's counsel, to the
patient's counsel and to any private physician or licensed
clinical psychologist designated by the patient or the patient's
counsel or to the Ohio protection and advocacy system;
(C) Receive treatment consistent with the treatment plan. The
department of mental health and addiction services shall set
standards for treatment provided to such patients, consistent
wherever possible with standards set by the joint commission.
(D) Receive periodic reevaluations of the treatment plan by
the professional staff at intervals not to exceed ninety days;
(E) Be provided with adequate medical treatment for physical
disease or injury;
(F) Receive humane care and treatment, including without
limitation, the following:
(1) The least restrictive environment consistent with the
treatment plan;
(2) The necessary facilities and personnel required by the
treatment plan;
(3) A humane psychological and physical environment;
(4) The right to obtain current information concerning the
patient's treatment program and expectations in terms that the
patient can reasonably understand;
(5) Participation in programs designed to afford the patient
substantial opportunity to acquire skills to facilitate return to
the community or to terminate an involuntary commitment;
(6) The right to be free from unnecessary or excessive
medication;
(7) Freedom from restraints or isolation unless it is stated
in a written order by the chief clinical officer or the chief
clinical officer's designee, or the patient's individual physician
or psychologist in a private or general hospital.
If the chief clinical officer of the hospital is unable to
provide the treatment required by divisions (C), (E), and (F) of
this section for any patient hospitalized pursuant to Chapter
5122. of the Revised Code, the chief clinical officer shall
immediately notify the patient, the court, the Ohio protection and
advocacy system, the director of mental health and addiction
services, and the patient's counsel and legal guardian, if known.
If within ten days after receipt of such notification by the
director, the director is unable to effect a transfer of the
patient, pursuant to section 5122.20 of the Revised Code, to a
hospital, community mental health services provider, or other
medical facility where treatment is available, or has not received
an order of the court to the contrary, the involuntary commitment
of any patient hospitalized pursuant to Chapter 5122. of the
Revised Code and defined as a mentally ill person subject to
hospitalization by court order under division (B)(4) of section
5122.01 of the Revised Code shall automatically be terminated.
Sec. 5122.30. Any person detained pursuant to this chapter
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code shall be entitled to the writ of habeas corpus upon proper
petition by self or by a friend to any court generally empowered
to issue the writ of habeas corpus in the county in which the
person is detained.
No person may bring a petition for a writ of habeas corpus
that alleges that a person involuntarily detained pursuant to this
chapter no longer is a mentally ill person subject to
hospitalization by court order unless the person shows that the
release procedures of division (H) of section 5122.15 of the
Revised Code are inadequate or unavailable.
Sec. 5122.31. (A) All certificates, applications, records,
and reports made for the purpose of this chapter and sections
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised
Code, other than court journal entries or court docket entries,
and directly or indirectly identifying a patient or former patient
or person whose hospitalization or commitment has been sought
under this chapter, shall be kept confidential and shall not be
disclosed by any person except:
(1) If the person identified, or the person's legal guardian,
if any, or if the person is a minor, the person's parent or legal
guardian, consents, and if the disclosure is in the best interests
of the person, as may be determined by the court for judicial
records and by the chief clinical officer for medical records;
(2) When disclosure is provided for in this chapter or
Chapters 340. or 5119. of the Revised Code or in accordance with
other provisions of state or federal law authorizing such
disclosure;
(3) That hospitals, boards of alcohol, drug addiction, and
mental health services, and community mental health services
providers may release necessary medical information to insurers
and other third-party payers, including government entities
responsible for processing and authorizing payment, to obtain
payment for goods and services furnished to the patient;
(4) Pursuant to a court order signed by a judge;
(5) That a patient shall be granted access to the patient's
own psychiatric and medical records, unless access specifically is
restricted in a patient's treatment plan for clear treatment
reasons;
(6) That hospitals and other institutions and facilities
within the department of mental health and addiction services may
exchange psychiatric records and other pertinent information with
other hospitals, institutions, and facilities of the department,
and with community mental health services providers and boards of
alcohol, drug addiction, and mental health services with which the
department has a current agreement for patient care or services.
Records and information that may be released pursuant to this
division shall be limited to medication history, physical health
status and history, financial status, summary of course of
treatment in the hospital, summary of treatment needs, and a
discharge summary, if any.
(7) That hospitals within the department and other
institutions and facilities within the department may exchange
psychiatric records and other pertinent information with payers
and other providers of treatment and health services if the
purpose of the exchange is to facilitate continuity of care for a
patient or for the emergency treatment of an individual;
(8) That a patient's family member who is involved in the
provision, planning, and monitoring of services to the patient may
receive medication information, a summary of the patient's
diagnosis and prognosis, and a list of the services and personnel
available to assist the patient and the patient's family, if the
patient's treating physician determines that the disclosure would
be in the best interests of the patient. No such disclosure shall
be made unless the patient is notified first and receives the
information and does not object to the disclosure.
(9) That community mental health services providers may
exchange psychiatric records and certain other information with
the board of alcohol, drug addiction, and mental health services
and other services providers in order to provide services to a
person involuntarily committed to a board. Release of records
under this division shall be limited to medication history,
physical health status and history, financial status, summary of
course of treatment, summary of treatment needs, and discharge
summary, if any.
(10) That information may be disclosed to the executor or the
administrator of an estate of a deceased patient when the
information is necessary to administer the estate;
(11) That records in the possession of the Ohio historical
society may be released to the closest living relative of a
deceased patient upon request of that relative;
(12) That records pertaining to the patient's diagnosis,
course of treatment, treatment needs, and prognosis shall be
disclosed and released to the appropriate prosecuting attorney if
the patient was committed pursuant to section 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the
attorney designated by the board for proceedings pursuant to
involuntary commitment under this chapter.
(13) That the department of mental health and addiction
services may exchange psychiatric hospitalization records, other
mental health treatment records, and other pertinent information
with the department of rehabilitation and correction and with the
department of youth services to ensure continuity of care for
inmates or offenders who are receiving mental health services in
an institution of the department of rehabilitation and correction
or the department of youth services and may exchange psychiatric
hospitalization records, other mental health treatment records,
and other pertinent information with boards of alcohol, drug
addiction, and mental health services and community mental health
services providers to ensure continuity of care for inmates or
offenders who are receiving mental health services in an
institution and are scheduled for release within six months. The
department shall not disclose those records unless the inmate or
offender is notified, receives the information, and does not
object to the disclosure. The release of records under this
division is limited to records regarding an inmate's or offender's
medication history, physical health status and history, summary of
course of treatment, summary of treatment needs, and a discharge
summary, if any.
(B) Before records are disclosed pursuant to divisions
(A)(3), (6), and (9) of this section, the custodian of the records
shall attempt to obtain the patient's consent for the disclosure.
No person shall reveal the contents of a medical record of a
patient except as authorized by law.
(C) The managing officer of a hospital who releases necessary
medical information under division (A)(3) of this section to allow
an insurance carrier or other third party payor to comply with
section 5121.43 of the Revised Code shall neither be subject to
criminal nor civil liability.
Sec. 5122.311. (A) Notwithstanding any provision of the
Revised Code to the contrary, if, on or after April 8, 2004, an
individual is found by a court to be a mentally ill person subject
to hospitalization by court order or becomes an involuntary
patient other than one who is a patient only for purposes of
observation, the probate judge who made the adjudication or the
chief clinical officer of the hospital, community mental health
services provider, or facility in which the person is an
involuntary patient shall notify the bureau of criminal
identification and investigation office of the attorney general,
on the form described in division (C) of this section, of the
identity of the individual. The notification shall be transmitted
by the judge or the chief clinical officer not later than seven
days after the adjudication or commitment.
(B) The bureau of criminal identification and investigation
office of the attorney general shall compile and maintain the
notices it receives under division (A) of this section and the
notices shall use them be used for the purpose of conducting
incompetency records checks pursuant to section 311.41 of the
Revised Code. The notices and the information they contain are
confidential, except as provided in this division, and are not
public records.
(C) The attorney general, by rule adopted under Chapter 119.
of the Revised Code, shall prescribe and make available to all
probate judges and all chief clinical officers a form to be used
by them for the purpose of making the notifications required by
division (A) of this section.
Sec. 5122.34. (A) Persons, including, but not limited to,
boards of alcohol, drug addiction, and mental health services and
community mental health services providers, acting in good faith,
either upon actual knowledge or information thought by them to be
reliable, who procedurally or physically assist in the
hospitalization or discharge, determination of appropriate
placement, court-ordered treatment, or in judicial proceedings of
a person under this chapter, do not come within any criminal
provisions, and are free from any liability to the person
hospitalized or receiving court-ordered treatment or to any other
person.
(B) Regardless of whether any affirmative action has been
taken under this chapter with respect to a mental health client or
patient and except as otherwise provided in section 2305.51 of the
Revised Code, no person shall be liable for any harm that results
to any other person as a result of failing to disclose any
confidential information about the mental health client or
patient, or failing to otherwise attempt to protect such other
person from harm by such client or patient.
(C) This section applies to expert witnesses who testify at
hearings under this chapter.
(D) The immunity from liability conferred by this section is
in addition to and not in limitation of any immunity conferred by
any other section of the Revised Code or by judicial precedent.
Sec. 5122.43. (A) Costs, fees, and expenses of all
proceedings held under this chapter shall be paid as follows:
(1) To police and health officers, other than sheriffs or
their deputies, the same fees allowed to constables, to be paid
upon the approval of the probate judge;
(2) To sheriffs or their deputies, the same fees allowed for
similar services in the court of common pleas;
(3) To physicians or licensed clinical psychologists acting
as expert witnesses and to other expert witnesses designated by
the court, an amount determined by the court;
(4) To other witnesses, the same fees and mileage as for
attendance at the court of common pleas, to be paid upon the
approval of the probate judge;
(5) To a person, other than the sheriff or the sheriff's
deputies, for taking a mentally ill person to a hospital or
removing a mentally ill person from a hospital, the actual
necessary expenses incurred, specifically itemized, and approved
by the probate judge;
(6) To assistants who convey mentally ill persons to the
hospital when authorized by the probate judge, a fee set by the
probate court, provided the assistants are not drawing a salary
from the state or any political subdivision of the state, and
their actual necessary expenses incurred, provided that the
expenses are specifically itemized and approved by the probate
judge;
(7) To an attorney appointed by the probate division for an
indigent who allegedly is a mentally ill person pursuant to any
section of this chapter or a person suffering from alcohol and
other drug abuse and who may be ordered under sections 5119.91 to
5119.98 of the Revised Code to undergo treatment, the fees that
are determined by the probate division. When those indigent
persons are before the court, all filing and recording fees shall
be waived.
(8) To a referee who is appointed to conduct proceedings
under this chapter that involve a respondent whose domicile is or,
before the respondent's hospitalization, was not the county in
which the proceedings are held, compensation as fixed by the
probate division, but not more than the compensation paid for
similar proceedings for respondents whose domicile is in the
county in which the proceedings are held;
(9) To a court reporter appointed to make a transcript of
proceedings under this chapter, the compensation and fees allowed
in other cases under section 2101.08 of the Revised Code.
(B) A county shall pay for the costs, fees, and expenses
described in division (A) of this section with money appropriated
pursuant to section 2101.11 of the Revised Code. A county may seek
reimbursement from the department of mental health and addiction
services by submitting a request and certification by the county
auditor of the costs, fees, and expenses to the department within
two months of the date the costs, fees, and expenses are incurred
by the county.
Each fiscal year, based on past allocations, historical
utilization, and other factors the department considers
appropriate, the department shall allocate for each county an
amount for reimbursements under this section. The total of all the
allocations shall equal the amount appropriated for the fiscal
year to the department specifically for the purposes of this
section.
On receipt, the department shall review each request for
reimbursement and prepare a voucher for the amount of the costs,
fees, and expenses incurred by the county, provided that the total
amount of money paid to all counties in each fiscal year shall not
exceed the total amount of moneys specifically appropriated to the
department for these purposes.
The department's total reimbursement to each county shall be
the lesser of the full amount requested or the amount allocated
for the county under this division. In addition, the department
shall distribute any surplus remaining from the money appropriated
for the fiscal year to the department for the purposes of this
section as follows to counties whose full requests exceed their
allocations:
(1) If the surplus is sufficient to reimburse such counties
the full amount of their requests, each such county shall receive
the full amount of its request;
(2) If the surplus is insufficient, each such county shall
receive a percentage of the surplus determined by dividing the
difference between the county's full request and its allocation by
the difference between the total of the full requests of all such
counties and the total of the amounts allocated for all such
counties.
The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement the payment of costs, fees,
and expenses under this section.
Sec. 5139.54. (A) Notwithstanding any other provision for
determining when a child shall be released or discharged from the
legal custody of the department of youth services, including
jurisdictional provisions in section 2152.22 of the Revised Code,
the release authority, for medical reasons, may release a child
upon supervised release or discharge the child from the custody of
the department when any of the following applies:
(1) The child is terminally ill or otherwise in imminent
danger of death.
(2) The child is incapacitated due to injury, disease,
illness, or other medical condition and is no longer a threat to
public safety.
(3) The child appears to be a mentally ill person subject to
hospitalization by court order, as defined in section 5122.01 of
the Revised Code, or a mentally retarded person subject to
institutionalization by court order, as defined in section 5123.01
of the Revised Code.
(B) When considering whether to release or discharge a child
under this section for medical reasons, the release authority may
request additional medical information about the child or may ask
the department to conduct additional medical examinations.
(C) The release authority shall determine the appropriate
level of supervised release for a child released under this
section. The terms and conditions of the release may require
periodic medical reevaluations as appropriate. Upon granting a
release or discharge under this section, the release authority
shall give notice of the release and its terms and conditions or
of the discharge to the court that committed the child to the
custody of the department.
(D) The release authority shall submit annually to the
director of youth services a report that includes all of the
following information for the previous calendar year:
(1) The number of children the release authority considered
for medical release or discharge;
(2) The nature of the injury, disease, illness, or other
medical condition of each child considered for medical release or
discharge;
(3) The decision made by the release authority for each
child, including the reasons for denying medical release or
discharge or for granting it;
(4) The number of children on medical release who were
returned to a secure facility or whose supervised release was
revoked.
Sec. 5305.22. (A) Any real estate or interest in real estate
coming to a person by purchase, inheritance, or otherwise, after
the spouse of the person is adjudged a mentally ill person subject
to hospitalization by court order and admitted to either a
hospital for persons with mental illness in this or any other
state of the United States or the psychiatric department of any
hospital of the United States, may be conveyed by the person while
the person's spouse who is a mentally ill person subject to
hospitalization by court order remains a patient of that hospital,
free and clear from any dower right or expectancy of the person's
spouse who is a mentally ill person subject to
hospitalization by
court order. Dower shall not attach to any real estate so acquired
and conveyed during the time described in this section in favor of
such spouse who is a mentally ill person subject to
hospitalization by court order. The indorsement upon the
instrument of conveyance, by the superintendent of the hospital to
which the spouse was admitted, that the spouse of the person
conveying the real estate is a mentally ill person subject to
hospitalization by court order who has been admitted to that
hospital, stating when received in that hospital and signed
officially by the superintendent, shall be sufficient evidence of
the fact that the spouse of the person conveying the real estate
is a mentally ill person subject to hospitalization by court
order. This indorsement shall be a part of the instrument of
conveyance.
(B) As used in this section, "mentally ill person subject to
hospitalization by court order" has the same meaning as in section
5122.01 of the Revised Code.
Sec. 5907.06. (A) A mentally ill person subject to
hospitalization by court order whose mental condition causes the
person to be dangerous to the community shall not be admitted to a
veterans' home. If a mentally ill person subject to
hospitalization by court order, through misrepresentation as to
the person's condition, is sent to a home, the person shall be
returned to, and the expense of the return shall be borne by, the
county from which the person came.
(B) As used in this section, "mentally ill person subject to
hospitalization by court order" has the same meaning as in section
5122.01 of the Revised Code.
Sec. 5907.09. (A) When the affidavit referred to in section
5907.08 of the Revised Code is filed, the probate judge shall
forthwith determine whether the resident is a mentally ill person
subject to hospitalization by court order. Insofar as applicable,
the laws governing in cases of admission to a state hospital for
persons with mental illness shall apply. The probate judge shall
have the same authority, and may receive and order paid the same
fees and costs, as the probate judge would have in the county in
which the veteran was a resident at the time of entering the
veterans' home.
(B) As used in this section, "mentally ill person subject to
hospitalization by court order" has the same meaning as in section
5122.01 of the Revised Code.
Section 2. That existing sections 2101.16, 2151.011,
2151.23, 2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39,
2945.40, 2945.401, 2967.22, 5119.311, 5120.17, 5122.01, 5122.03,
5122.05, 5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19,
5122.21, 5122.27, 5122.30, 5122.31, 5122.311, 5122.34, 5122.43,
5139.54, 5305.22, 5907.06, and 5907.09 of the Revised Code are
hereby repealed.
Section 3. The amendments to divisions (B)(49) and (50) of
section 2151.011 of the Revised Code by H.B. 59 of the 130th
General Assembly, which appear in this act are to take effect on
July 1, 2014, are not accelerated by their inclusion in this act.
Section 4. This act shall be known as "Joey's Law."
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