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S. B. No. 7 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Lehner, Hughes, LaRose, Eklund, Hite, Coley, Jones, Faber, Peterson
A BILL
To amend section 2945.402 and to enact section
2929.44 of the Revised Code to require that a
court report certain information to the local law
enforcement agency for entry into the appropriate
National Crime Information Center file if the
court approves the conditional release of a person
found incompetent to stand trial or not guilty by
reason of insanity or orders a person convicted of
an offense of violence to receive mental health
treatment and to name this act the Deputy Suzanne
Hopper Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2945.402 be amended and section
2929.44 of the Revised Code be enacted to read as follows:
Sec. 2929.44. (A) As used in this section, "local law
enforcement agency" means the police department of a municipal
corporation in which an offense occurred or, if the offense did
not occur in a municipal corporation, the sheriff of the county in
which the offense occurred.
(B) If a court orders a person who pleads guilty to or who is
convicted of an offense of violence to receive mental health
treatment, the court shall report the conviction and required
treatment to the local law enforcement agency. The local law
enforcement agency shall enter the conviction and required
treatment into the national crime information center supervised
release file through the law enforcement automated data system.
The information reported and entered shall include all of the
following:
(1) The name of the court providing the information;
(2) The offense or offenses of violence to which the offender
pleaded guilty or of which the offender was convicted;
(3) Any other information required for the entry of
information into the national crime information center supervised
release file.
(C) Information entered into the national crime information
center supervised release file pursuant to this section shall
remain in the file until the time expires for which the court
ordered the treatment.
(D) If a person about whom information is entered into the
national crime information center supervised release file pursuant
to this section has contact with a law enforcement agency after
the information is entered, the agency shall report the contact to
the court that ordered the treatment.
Sec. 2945.402. (A) In approving a conditional release, the
trial court may set any conditions on the release with respect to
the treatment, evaluation, counseling, or control of the defendant
or person that the court considers necessary to protect the public
safety and the welfare of the defendant or person. The trial court
may revoke a defendant's or person's conditional release and order
reinstatement of the previous placement or reinstitutionalization
at any time the conditions of the release have not been satisfied,
provided that the revocation shall be in accordance with this
section.
(B) A conditional release is a commitment. The hearings on
continued commitment as described in section 2945.401 of the
Revised Code apply to a defendant or person on conditional
release.
(C) A person, agency, or facility that is assigned to monitor
a defendant or person on conditional release immediately shall
notify the trial court on learning that the defendant or person
being monitored has violated the terms of the conditional release.
Upon learning of any violation of the terms of the conditional
release, the trial court may issue a temporary order of detention
or, if necessary, an arrest warrant for the defendant or person.
Within ten court days after the defendant's or person's detention
or arrest, the trial court shall conduct a hearing to determine
whether the conditional release should be modified or terminated.
At the hearing, the defendant or person shall have the same rights
as are described in division (C) of section 2945.40 of the Revised
Code. The trial court may order a continuance of the ten-court-day
period for no longer than ten days for good cause shown or for any
period on motion of the defendant or person. If the trial court
fails to conduct the hearing within the ten-court-day period and
does not order a continuance in accordance with this division, the
defendant or person shall be restored to the prior conditional
release status.
(D) The trial court shall give all parties reasonable notice
of a hearing conducted under this section. At the hearing, the
prosecutor shall present the case demonstrating that the defendant
or person violated the terms of the conditional release. If the
court finds by a preponderance of the evidence that the defendant
or person violated the terms of the conditional release, the court
may continue, modify, or terminate the conditional release and
shall enter its order accordingly.
(E)(1) If a court approves a conditional release, the court
shall report the approval and information pertaining to the
release to the local law enforcement agency. The local law
enforcement agency shall enter the approval and information into
the national crime information center supervised release file
through the law enforcement automated data system. The information
required by divisions (E)(1)(c) and (d) of this section shall be
entered into the file's miscellaneous field. The information
reported and entered shall include all of the following:
(a) The name of the court providing the information;
(b) The offense or offenses with which the defendant or
person was charged;
(c) Whether the person was found not guilty by reason of
insanity or incompetent to stand trial with no substantial
probability of becoming competent even with a course of treatment;
(d) The reason for the conditional release;
(e) Any other information required for the entry of
information into the national crime information center supervised
release file.
(2) Information entered into the national crime information
center supervised release file pursuant to this section shall
remain in the file until the termination of the conditional
release or commitment.
(3) If a defendant or person about whom information is
entered into the national crime information center supervised
release file pursuant to this section has contact with a law
enforcement agency after the information is entered, the agency
shall report the contact to the court that approved the
conditional release, to the department of mental health, and if
the terms of the release require the defendant or person to
receive mental health treatment, to the person, office, or agency
providing the treatment.
(4) As used in division (E) of this section, "local law
enforcement agency" means the police department of a municipal
corporation in which the offense with which a releasee was charged
allegedly occurred or, if the offense did not allegedly occur in a
municipal corporation, the sheriff of the county in which the
offense allegedly occurred.
Section 2. That existing section 2945.402 of the Revised
Code is hereby repealed.
Section 3. This act shall be known as the Deputy Suzanne
Hopper Act.
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