Bill Text: OH HB104 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 104 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To make changes to the laws governing the civil commitment of and treatment provided to mentally ill persons.

Spectrum: Moderate Partisan Bill (Republican 18-3)

Status: (Engrossed - Dead) 2013-12-12 - To Civil Justice [HB104 Detail]

Download: Ohio-2013-HB104-Comm_Sub.html

As Reported by the House Judiciary Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 104

Representatives Ruhl, Stautberg

Cosponsors: Representatives Gonzales, Sprague, Hackett, Butler, Pillich

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,

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,	11
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40,	12
2945.401, 2967.22, 5119.311, 5120.17, 5122.01, 5122.03, 5122.05,	13
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21,	14
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06,	15
and 5907.09 be amended and section 5122.111 of the Revised Code be	16
enacted to read as follows:	17

Sec. 2101.16. (A) Except as provided in section 2101.164 of	18
the Revised Code, the fees enumerated in this division shall be	19
charged and collected, if possible, by the probate judge and shall	20
be in full for all services rendered in the respective	21
proceedings:	22

(1)	Account, in addition to advertising charges			23
		$	12.00	24
	Waivers and proof of notice of hearing on account, per page, minimum one dollar			25
		$	1.00	26
(2)	Account of distribution, in addition to advertising charges			27
		$	7.00	28
(3)	Adoption of child, petition for			29
		$	50.00	30
(4)	Alter or cancel contract for sale or purchase of real property, complaint to			31
		$	20.00	32
(5)	Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section			33
		$	5.00	34
(6)	Appropriation suit, per day, hearing in			35
		$	20.00	36
(7)	Birth, application for registration of			37
		$	7.00	38
(8)	Birth record, application to correct			39
		$	5.00	40
(9)	Bond, application for new or additional			41
		$	5.00	42
(10)	Bond, application for release of surety or reduction of			43
		$	5.00	44
(11)	Bond, receipt for securities deposited in lieu of			45
		$	5.00	46
(12)	Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar			47
		$	1.00	48
(13)	Citation and issuing citation, application for			49
		$	5.00	50
(14)	Change of name, petition for			51
		$	20.00	52
(15)	Claim, application of administrator or executor for allowance of administrator's or executor's own			53
		$	10.00	54
(16)	Claim, application to compromise or settle			55
		$	10.00	56
(17)	Claim, authority to present			57
		$	10.00	58
(18)	Commissioner, appointment of			59
		$	5.00	60
(19)	Compensation for extraordinary services and attorney's fees for fiduciary, application for			61
		$	5.00	62
(20)	Competency, application to procure adjudication of			63
		$	20.00	64
(21)	Complete contract, application to			65
		$	10.00	66
(22)	Concealment of assets, citation for			67
		$	10.00	68
(23)	Construction of will, complaint for			69
		$	20.00	70
(24)	Continue decedent's business, application to			71
		$	10.00	72
	Monthly reports of operation			73
		$	5.00	74
(25)	Declaratory judgment, complaint for			75
		$	20.00	76
(26)	Deposit of will			77
		$	5.00	78
(27)	Designation of heir			79
		$	20.00	80
(28)	Distribution in kind, application, assent, and order for			81
		$	5.00	82
(29)	Distribution under section 2109.36 of the Revised Code, application for an order of			83
		$	7.00	84
(30)	Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars			85
		$	15.00	86
(31)	Exceptions to any proceeding named in this section, contest of appointment or			87
		$	10.00	88
(32)	Election of surviving partner to purchase assets of partnership, proceedings relating to			89
		$	10.00	90
(33)	Election of surviving spouse under will			91
		$	5.00	92
(34)	Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of			93
		$	35.00	94
(35)	Foreign will, application to record			95
		$	10.00	96
	Record of foreign will, additional, per page			97
		$	1.00	98
(36)	Forms when supplied by the probate court, not to exceed			99
		$	10.00	100
(37)	Heirship, complaint to determine			101
		$	20.00	102
(38)	Injunction proceedings			103
		$	20.00	104
(39)	Improve real property, petition to			105
		$	20.00	106
(40)	Inventory with appraisement			107
		$	10.00	108
(41)	Inventory without appraisement			109
		$	7.00	110
(42)	Investment or expenditure of funds, application for			111
		$	10.00	112
(43)	Invest in real property, application to			113
		$	10.00	114
(44)	Lease for oil, gas, coal, or other mineral, petition to			115
		$	20.00	116
(45)	Lease or lease and improve real property, petition to			117
		$	20.00	118
(46)	Marriage license			119
		$	10.00	120
	Certified abstract of each marriage			121
		$	2.00	122
(47)	Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of			123
		$	10.00	124
(48)	Mortgage or mortgage and repair or improve real property, complaint to			125
		$	20.00	126
(49)	Newly discovered assets, report of			127
		$	7.00	128
(50)	Nonresident executor or administrator to bar creditors' claims, proceedings by			129
		$	20.00	130
(51)	Power of attorney or revocation of power, bonding company			131
		$	10.00	132
(52)	Presumption of death, petition to establish			133
		$	20.00	134
(53)	Probating will			135
		$	15.00	136
	Proof of notice to beneficiaries			137
		$	5.00	138
(54)	Purchase personal property, application of surviving spouse to			139
		$	10.00	140
(55)	Purchase real property at appraised value, petition of surviving spouse to			141
		$	20.00	142
(56)	Receipts in addition to advertising charges, application and order to record			143
		$	5.00	144
	Record of those receipts, additional, per page			145
		$	1.00	146
(57)	Record in excess of fifteen hundred words in any proceeding in the probate court, per page			147
		$	1.00	148
(58)	Release of estate by mortgagee or other lienholder			149
		$	5.00	150
(59)	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			151
		$	60.00	152
(60)	Removal of fiduciary, application for			153
		$	10.00	154
(61)	Requalification of executor or administrator			155
		$	10.00	156
(62)	Resignation of fiduciary			157
		$	5.00	158
(63)	Sale bill, public sale of personal property			159
		$	10.00	160
(64)	Sale of personal property and report, application for			161
		$	10.00	162
(65)	Sale of real property, petition for			163
		$	25.00	164
(66)	Terminate guardianship, petition to			165
		$	10.00	166
(67)	Transfer of real property, application, entry, and certificate for			167
		$	7.00	168
(68)	Unclaimed money, application to invest			169
		$	7.00	170
(69)	Vacate approval of account or order of distribution, motion to			171
		$	10.00	172
(70)	Writ of execution			173
		$	5.00	174
(71)	Writ of possession			175
		$	5.00	176
(72)	Wrongful death, application and settlement of claim for			177
		$	20.00	178
(73)	Year's allowance, petition to review			179
		$	7.00	180
(74)	Guardian's report, filing and review of			181
		$	5.00	182
(75)	Mentally ill person subject to court order, filing of affidavit and proceedings for			183
		$	25.00	184

(B)(1) In relation to an application for the appointment of a	185
guardian or the review of a report of a guardian under section	186
2111.49 of the Revised Code, the probate court, pursuant to court	187
order or in accordance with a court rule, may direct that the	188
applicant or the estate pay any or all of the expenses of an	189
investigation conducted pursuant to section 2111.041 or division	190
(A)(2) of section 2111.49 of the Revised Code. If the	191
investigation is conducted by a public employee or investigator	192
who is paid by the county, the fees for the investigation shall be	193
paid into the county treasury. If the court finds that an alleged	194
incompetent or a ward is indigent, the court may waive the costs,	195
fees, and expenses of an investigation.	196

(2) In relation to the appointment or functioning of a	197
guardian for a minor or the guardianship of a minor, the probate	198
court may direct that the applicant or the estate pay any or all	199
of the expenses of an investigation conducted pursuant to section	200
2111.042 of the Revised Code. If the investigation is conducted by	201
a public employee or investigator who is paid by the county, the	202
fees for the investigation shall be paid into the county treasury.	203
If the court finds that the guardian or applicant is indigent, the	204
court may waive the costs, fees, and expenses of an investigation.	205

(3) In relation to the filing of an affidavit of mental	206
illness for a mentally ill person subject to court order, the	207
court may waive the fee under division (A)(75) of this section if	208
the court finds that the affiant is indigent or for good cause	209
shown.	210

(C) Thirty dollars of the thirty-five-dollar fee collected	211
pursuant to division (A)(34) of this section and twenty dollars of	212
the sixty-dollar fee collected pursuant to division (A)(59) of	213
this section shall be deposited by the county treasurer in the	214
indigent guardianship fund created pursuant to section 2111.51 of	215
the Revised Code.	216

(D) The fees of witnesses, jurors, sheriffs, coroners, and	217
constables for services rendered in the probate court or by order	218
of the probate judge shall be the same as provided for similar	219
services in the court of common pleas.	220

(E) The probate court, by rule, may require an advance	221
deposit for costs, not to exceed one hundred twenty-five dollars,	222
at the time application is made for an appointment as executor or	223
administrator or at the time a will is presented for probate.	224

(F) The probate court, by rule, shall establish a reasonable	225
fee, not to exceed fifty dollars, for the filing of a petition for	226
the release of information regarding an adopted person's name by	227
birth and the identity of the adopted person's biological parents	228
and biological siblings pursuant to section 3107.41 of the Revised	229
Code, all proceedings relative to the petition, the entry of an	230
order relative to the petition, and all services required to be	231
performed in connection with the petition. The probate court may	232
use a reasonable portion of a fee charged under authority of this	233
division to reimburse any agency, as defined in section 3107.39 of	234
the Revised Code, for any services it renders in performing a task	235
described in section 3107.41 of the Revised Code relative to or in	236
connection with the petition for which the fee was charged.	237

(G)(1) Thirty dollars of the fifty-dollar fee collected	238
pursuant to division (A)(3) of this section shall be deposited	239
into the "putative father registry fund," which is hereby created	240
in the state treasury. The department of job and family services	241
shall use the money in the fund to fund the department's costs of	242
performing its duties related to the putative father registry	243
established under section 3107.062 of the Revised Code.	244

(2) If the department determines that money in the putative	245
father registry fund is more than is needed for its duties related	246
to the putative father registry, the department may use the	247
surplus moneys in the fund as permitted in division (C) of section	248
2151.3529, division (B) of section 2151.3530, or section 5103.155	249
of the Revised Code.	250

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

251

(1) "Juvenile court" means whichever of the following is	252
applicable that has jurisdiction under this chapter and Chapter	253
2152. of the Revised Code:	254

(a) The division of the court of common pleas specified in	255
section 2101.022 or 2301.03 of the Revised Code as having	256
jurisdiction under this chapter and Chapter 2152. of the Revised	257
Code or as being the juvenile division or the juvenile division	258
combined with one or more other divisions;	259

(b) The juvenile court of Cuyahoga county or Hamilton county	260
that is separately and independently created by section 2151.08 or	261
Chapter 2153. of the Revised Code and that has jurisdiction under	262
this chapter and Chapter 2152. of the Revised Code;	263

(c) If division (A)(1)(a) or (b) of this section does not	264
apply, the probate division of the court of common pleas.	265

(2) "Juvenile judge" means a judge of a court having	266
jurisdiction under this chapter.	267

(3) "Private child placing agency" means any association, as	268
defined in section 5103.02 of the Revised Code, that is certified	269
under section 5103.03 of the Revised Code to accept temporary,	270
permanent, or legal custody of children and place the children for	271
either foster care or adoption.	272

(4) "Private noncustodial agency" means any person,	273
organization, association, or society certified by the department	274
of job and family services that does not accept temporary or	275
permanent legal custody of children, that is privately operated in	276
this state, and that does one or more of the following:	277

(a) Receives and cares for children for two or more	278
consecutive weeks;	279

(b) Participates in the placement of children in certified	280
foster homes;	281

(c) Provides adoption services in conjunction with a public	282
children services agency or private child placing agency.	283

(B) As used in this chapter:

284

(1) "Adequate parental care" means the provision by a child's	285
parent or parents, guardian, or custodian of adequate food,	286
clothing, and shelter to ensure the child's health and physical	287
safety and the provision by a child's parent or parents of	288
specialized services warranted by the child's physical or mental	289
needs.	290

(2) "Adult" means an individual who is eighteen years of age	291
or older.	292

(3) "Agreement for temporary custody" means a voluntary	293
agreement authorized by section 5103.15 of the Revised Code that	294
transfers the temporary custody of a child to a public children	295
services agency or a private child placing agency.	296

(4) "Alternative response" means the public children services	297
agency's response to a report of child abuse or neglect that	298
engages the family in a comprehensive evaluation of child safety,	299
risk of subsequent harm, and family strengths and needs and that	300
does not include a determination as to whether child abuse or	301
neglect occurred.	302

(5) "Certified foster home" means a foster home, as defined	303
in section 5103.02 of the Revised Code, certified under section	304
5103.03 of the Revised Code.	305

(6) "Child" means a person who is under eighteen years of	306
age, except that the juvenile court has jurisdiction over any	307
person who is adjudicated an unruly child prior to attaining	308
eighteen years of age until the person attains twenty-one years of	309
age, and, for purposes of that jurisdiction related to that	310
adjudication, a person who is so adjudicated an unruly child shall	311
be deemed a "child" until the person attains twenty-one years of	312
age.	313

(7) "Child day camp," "child care," "child day-care center,"	314
"part-time child day-care center," "type A family day-care home,"	315
"licensed type B family day-care home," "type B family day-care	316
home," "administrator of a child day-care center," "administrator	317
of a type A family day-care home," and "in-home aide" have the	318
same meanings as in section 5104.01 of the Revised Code.	319

(8) "Child care provider" means an individual who is a	320
child-care staff member or administrator of a child day-care	321
center, a type A family day-care home, or a type B family day-care	322
home, or an in-home aide or an individual who is licensed, is	323
regulated, is approved, operates under the direction of, or	324
otherwise is certified by the department of job and family	325
services, department of developmental disabilities, or the early	326
childhood programs of the department of education.	327

(9) "Chronic truant" has the same meaning as in section	328
2152.02 of the Revised Code.	329

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

330

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

331

(a) General counseling services performed by a public	332
children services agency or shelter for victims of domestic	333
violence to assist a child, a child's parents, and a child's	334
siblings in alleviating identified problems that may cause or have	335
caused the child to be an abused, neglected, or dependent child.	336

(b) Psychiatric or psychological therapeutic counseling	337
services provided to correct or alleviate any mental or emotional	338
illness or disorder and performed by a licensed psychiatrist,	339
licensed psychologist, or a person licensed under Chapter 4757. of	340
the Revised Code to engage in social work or professional	341
counseling.	342

(12) "Custodian" means a person who has legal custody of a	343
child or a public children services agency or private child	344
placing agency that has permanent, temporary, or legal custody of	345
a child.	346

(13) "Delinquent child" has the same meaning as in section	347
2152.02 of the Revised Code.	348

(14) "Detention" means the temporary care of children pending	349
court adjudication or disposition, or execution of a court order,	350
in a public or private facility designed to physically restrict	351
the movement and activities of children.	352

(15) "Developmental disability" has the same meaning as in	353
section 5123.01 of the Revised Code.	354

(16) "Differential response approach" means an approach that	355
a public children services agency may use to respond to accepted	356
reports of child abuse or neglect with either an alternative	357
response or a traditional response.	358

(17) "Foster caregiver" has the same meaning as in section	359
5103.02 of the Revised Code.	360

(18) "Guardian" means a person, association, or corporation	361
that is granted authority by a probate court pursuant to Chapter	362
2111. of the Revised Code to exercise parental rights over a child	363
to the extent provided in the court's order and subject to the	364
residual parental rights of the child's parents.	365

(19) "Habitual truant" means any child of compulsory school	366
age who is absent without legitimate excuse for absence from the	367
public school the child is supposed to attend for five or more	368
consecutive school days, seven or more school days in one school	369
month, or twelve or more school days in a school year.	370

(20) "Juvenile traffic offender" has the same meaning as in	371
section 2152.02 of the Revised Code.	372

(21) "Legal custody" means a legal status that vests in the	373
custodian the right to have physical care and control of the child	374
and to determine where and with whom the child shall live, and the	375
right and duty to protect, train, and discipline the child and to	376
provide the child with food, shelter, education, and medical care,	377
all subject to any residual parental rights, privileges, and	378
responsibilities. An individual granted legal custody shall	379
exercise the rights and responsibilities personally unless	380
otherwise authorized by any section of the Revised Code or by the	381
court.	382

(22) A "legitimate excuse for absence from the public school	383
the child is supposed to attend" includes, but is not limited to,	384
any of the following:	385

(a) The fact that the child in question has enrolled in and	386
is attending another public or nonpublic school in this or another	387
state;	388

(b) The fact that the child in question is excused from	389
attendance at school for any of the reasons specified in section	390
3321.04 of the Revised Code;	391

(c) The fact that the child in question has received an age	392
and schooling certificate in accordance with section 3331.01 of	393
the Revised Code.	394

(23) "Mental illness" and "mentally ill person subject to	395
~~hospitalization by~~ court order" have the same meanings as in	396
section 5122.01 of the Revised Code.	397

(24) "Mental injury" means any behavioral, cognitive,	398
emotional, or mental disorder in a child caused by an act or	399
omission that is described in section 2919.22 of the Revised Code	400
and is committed by the parent or other person responsible for the	401
child's care.	402

(25) "Mentally retarded person" has the same meaning as in	403
section 5123.01 of the Revised Code.	404

(26) "Nonsecure care, supervision, or training" means care,	405
supervision, or training of a child in a facility that does not	406
confine or prevent movement of the child within the facility or	407
from the facility.	408

(27) "Of compulsory school age" has the same meaning as in	409
section 3321.01 of the Revised Code.	410

(28) "Organization" means any institution, public,	411
semipublic, or private, and any private association, society, or	412
agency located or operating in the state, incorporated or	413
unincorporated, having among its functions the furnishing of	414
protective services or care for children, or the placement of	415
children in certified foster homes or elsewhere.	416

(29) "Out-of-home care" means detention facilities, shelter	417
facilities, certified children's crisis care facilities, certified	418
foster homes, placement in a prospective adoptive home prior to	419
the issuance of a final decree of adoption, organizations,	420
certified organizations, child day-care centers, type A family	421
day-care homes, type B family day-care homes, child care provided	422
by in-home aides, group home providers, group homes, institutions,	423
state institutions, residential facilities, residential care	424
facilities, residential camps, day camps, public schools,	425
chartered nonpublic schools, educational service centers,	426
hospitals, and medical clinics that are responsible for the care,	427
physical custody, or control of children.	428

(30) "Out-of-home care child abuse" means any of the	429
following when committed by a person responsible for the care of a	430
child in out-of-home care:	431

(a) Engaging in sexual activity with a child in the person's	432
care;	433

(b) Denial to a child, as a means of punishment, of proper or	434
necessary subsistence, education, medical care, or other care	435
necessary for a child's health;	436

(c) Use of restraint procedures on a child that cause injury	437
or pain;	438

(d) Administration of prescription drugs or psychotropic	439
medication to the child without the written approval and ongoing	440
supervision of a licensed physician;	441

(e) Commission of any act, other than by accidental means,	442
that results in any injury to or death of the child in out-of-home	443
care or commission of any act by accidental means that results in	444
an injury to or death of a child in out-of-home care and that is	445
at variance with the history given of the injury or death.	446

(31) "Out-of-home care child neglect" means any of the	447
following when committed by a person responsible for the care of a	448
child in out-of-home care:	449

(a) Failure to provide reasonable supervision according to	450
the standards of care appropriate to the age, mental and physical	451
condition, or other special needs of the child;	452

(b) Failure to provide reasonable supervision according to	453
the standards of care appropriate to the age, mental and physical	454
condition, or other special needs of the child, that results in	455
sexual or physical abuse of the child by any person;	456

457

(i) Administration of prescription drugs or psychotropic	458
drugs for the child;	459

(ii) Assuring that the instructions of the licensed physician	460
who prescribed a drug for the child are followed;	461

(iii) Reporting to the licensed physician who prescribed the	462
drug all unfavorable or dangerous side effects from the use of the	463
drug.	464

(d) Failure to provide proper or necessary subsistence,	465
education, medical care, or other individualized care necessary	466
for the health or well-being of the child;	467

(e) Confinement of the child to a locked room without	468
monitoring by staff;	469

(f) Failure to provide ongoing security for all prescription	470
and nonprescription medication;	471

(g) Isolation of a child for a period of time when there is	472
substantial risk that the isolation, if continued, will impair or	473
retard the mental health or physical well-being of the child.	474

(32) "Permanent custody" means a legal status that vests in a	475
public children services agency or a private child placing agency,	476
all parental rights, duties, and obligations, including the right	477
to consent to adoption, and divests the natural parents or	478
adoptive parents of all parental rights, privileges, and	479
obligations, including all residual rights and obligations.	480

(33) "Permanent surrender" means the act of the parents or,	481
if a child has only one parent, of the parent of a child, by a	482
voluntary agreement authorized by section 5103.15 of the Revised	483
Code, to transfer the permanent custody of the child to a public	484
children services agency or a private child placing agency.	485

(34) "Person" means an individual, association, corporation,	486
or partnership and the state or any of its political subdivisions,	487
departments, or agencies.	488

(35) "Person responsible for a child's care in out-of-home	489
care" means any of the following:	490

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

491

(b) Any administrator, employee, or agent of any of the	492
following: a public or private detention facility; shelter	493
facility; certified children's crisis care facility; organization;	494
certified organization; child day-care center; type A family	495
day-care home; licensed type B family day-care home; group home;	496
institution; state institution; residential facility; residential	497
care facility; residential camp; day camp; school district;	498
community school; chartered nonpublic school; educational service	499
center; hospital; or medical clinic;	500

(c) Any person who supervises or coaches children as part of	501
an extracurricular activity sponsored by a school district, public	502
school, or chartered nonpublic school;	503

(d) Any other person who performs a similar function with	504
respect to, or has a similar relationship to, children.	505

(36) "Physically impaired" means having one or more of the	506
following conditions that substantially limit one or more of an	507
individual's major life activities, including self-care, receptive	508
and expressive language, learning, mobility, and self-direction:	509

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

510

(b) A congenital orthopedic impairment;

511

(c) An orthopedic impairment caused by disease, rheumatic	512
fever or any other similar chronic or acute health problem, or	513
amputation or another similar cause.	514

(37) "Placement for adoption" means the arrangement by a	515
public children services agency or a private child placing agency	516
with a person for the care and adoption by that person of a child	517
of whom the agency has permanent custody.	518

(38) "Placement in foster care" means the arrangement by a	519
public children services agency or a private child placing agency	520
for the out-of-home care of a child of whom the agency has	521
temporary custody or permanent custody.	522

(39) "Planned permanent living arrangement" means an order of	523
a juvenile court pursuant to which both of the following apply:	524

(a) The court gives legal custody of a child to a public	525
children services agency or a private child placing agency without	526
the termination of parental rights.	527

(b) The order permits the agency to make an appropriate	528
placement of the child and to enter into a written agreement with	529
a foster care provider or with another person or agency with whom	530
the child is placed.	531

(40) "Practice of social work" and "practice of professional	532
counseling" have the same meanings as in section 4757.01 of the	533
Revised Code.	534

(41) "Sanction, service, or condition" means a sanction,	535
service, or condition created by court order following an	536
adjudication that a child is an unruly child that is described in	537
division (A)(4) of section 2152.19 of the Revised Code.	538

(42) "Protective supervision" means an order of disposition	539
pursuant to which the court permits an abused, neglected,	540
dependent, or unruly child to remain in the custody of the child's	541
parents, guardian, or custodian and stay in the child's home,	542
subject to any conditions and limitations upon the child, the	543
child's parents, guardian, or custodian, or any other person that	544
the court prescribes, including supervision as directed by the	545
court for the protection of the child.	546

(43) "Psychiatrist" has the same meaning as in section	547
5122.01 of the Revised Code.	548

(44) "Psychologist" has the same meaning as in section	549
4732.01 of the Revised Code.	550

(45) "Residential camp" means a program in which the care,	551
physical custody, or control of children is accepted overnight for	552
recreational or recreational and educational purposes.	553

(46) "Residential care facility" means an institution,	554
residence, or facility that is licensed by the department of	555
mental health and addiction services under section 5119.34 of the	556
Revised Code and that provides care for a child.	557

(47) "Residential facility" means a home or facility that is	558
licensed by the department of developmental disabilities under	559
section 5123.19 of the Revised Code and in which a child with a	560
developmental disability resides.	561

(48) "Residual parental rights, privileges, and	562
responsibilities" means those rights, privileges, and	563
responsibilities remaining with the natural parent after the	564
transfer of legal custody of the child, including, but not	565
necessarily limited to, the privilege of reasonable visitation,	566
consent to adoption, the privilege to determine the child's	567
religious affiliation, and the responsibility for support.	568

(49) "School day" means the school day established by the	569
board of education of the applicable school district pursuant to	570
section 3313.481 of the Revised Code.	571

(50) "School year" has the same meaning as in section 3313.62	572
of the Revised Code.	573

(51) "Secure correctional facility" means a facility under	574
the direction of the department of youth services that is designed	575
to physically restrict the movement and activities of children and	576
used for the placement of children after adjudication and	577
disposition.	578

(52) "Sexual activity" has the same meaning as in section	579
2907.01 of the Revised Code.	580

(53) "Shelter" means the temporary care of children in	581
physically unrestricted facilities pending court adjudication or	582
disposition.	583

(54) "Shelter for victims of domestic violence" has the same	584
meaning as in section 3113.33 of the Revised Code.	585

(55) "Temporary custody" means legal custody of a child who	586
is removed from the child's home, which custody may be terminated	587
at any time at the discretion of the court or, if the legal	588
custody is granted in an agreement for temporary custody, by the	589
person who executed the agreement.	590

(56) "Traditional response" means a public children services	591
agency's response to a report of child abuse or neglect that	592
encourages engagement of the family in a comprehensive evaluation	593
of the child's current and future safety needs and a fact-finding	594
process to determine whether child abuse or neglect occurred and	595
the circumstances surrounding the alleged harm or risk of harm.	596

(C) For the purposes of this chapter, a child shall be	597
presumed abandoned when the parents of the child have failed to	598
visit or maintain contact with the child for more than ninety	599
days, regardless of whether the parents resume contact with the	600
child after that period of ninety days.	601

Sec. 2151.23. (A) The juvenile court has exclusive original	602
jurisdiction under the Revised Code as follows:	603

(1) Concerning any child who on or about the date specified	604
in the complaint, indictment, or information is alleged to have	605
violated section 2151.87 of the Revised Code or an order issued	606
under that section or to be a juvenile traffic offender or a	607
delinquent, unruly, abused, neglected, or dependent child and,	608
based on and in relation to the allegation pertaining to the	609
child, concerning the parent, guardian, or other person having	610
care of a child who is alleged to be an unruly or delinquent child	611
for being an habitual or chronic truant;	612

(2) Subject to divisions (G), (K), and (V) of section 2301.03	613
of the Revised Code, to determine the custody of any child not a	614
ward of another court of this state;	615

(3) To hear and determine any application for a writ of	616
habeas corpus involving the custody of a child;	617

(4) To exercise the powers and jurisdiction given the probate	618
division of the court of common pleas in Chapter 5122. of the	619
Revised Code, if the court has probable cause to believe that a	620
child otherwise within the jurisdiction of the court is a mentally	621
ill person subject to ~~hospitalization by~~ court order, as defined	622
in section 5122.01 of the Revised Code;	623

(5) To hear and determine all criminal cases charging adults	624
with the violation of any section of this chapter;	625

(6) To hear and determine all criminal cases in which an	626
adult is charged with a violation of division (C) of section	627
2919.21, division (B)(1) of section 2919.22, section 2919.222,	628
division (B) of section 2919.23, or section 2919.24 of the Revised	629
Code, provided the charge is not included in an indictment that	630
also charges the alleged adult offender with the commission of a	631
felony arising out of the same actions that are the basis of the	632
alleged violation of division (C) of section 2919.21, division	633
(B)(1) of section 2919.22, section 2919.222, division (B) of	634
section 2919.23, or section 2919.24 of the Revised Code;	635

(7) Under the interstate compact on juveniles in section	636
2151.56 of the Revised Code;	637

(8) Concerning any child who is to be taken into custody	638
pursuant to section 2151.31 of the Revised Code, upon being	639
notified of the intent to take the child into custody and the	640
reasons for taking the child into custody;	641

(9) To hear and determine requests for the extension of	642
temporary custody agreements, and requests for court approval of	643
permanent custody agreements, that are filed pursuant to section	644
5103.15 of the Revised Code;	645

(10) To hear and determine applications for consent to marry	646
pursuant to section 3101.04 of the Revised Code;	647

(11) Subject to divisions (G), (K), and (V) of section	648
2301.03 of the Revised Code, to hear and determine a request for	649
an order for the support of any child if the request is not	650
ancillary to an action for divorce, dissolution of marriage,	651
annulment, or legal separation, a criminal or civil action	652
involving an allegation of domestic violence, or an action for	653
support brought under Chapter 3115. of the Revised Code;	654

(12) Concerning an action commenced under section 121.38 of	655
the Revised Code;	656

(13) To hear and determine violations of section 3321.38 of	657
the Revised Code;	658

(14) To exercise jurisdiction and authority over the parent,	659
guardian, or other person having care of a child alleged to be a	660
delinquent child, unruly child, or juvenile traffic offender,	661
based on and in relation to the allegation pertaining to the	662
child;	663

(15) To conduct the hearings, and to make the determinations,	664
adjudications, and orders authorized or required under sections	665
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	666
a child who has been adjudicated a delinquent child and to refer	667
the duties conferred upon the juvenile court judge under sections	668
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	669
magistrates appointed by the juvenile court judge in accordance	670
with Juvenile Rule 40;	671

(16) To hear and determine a petition for a protection order	672
against a child under section 2151.34 or 3113.31 of the Revised	673
Code and to enforce a protection order issued or a consent	674
agreement approved under either section against a child until a	675
date certain but not later than the date the child attains	676
nineteen years of age.	677

(B) Except as provided in divisions (G) and (I) of section	678
2301.03 of the Revised Code, the juvenile court has original	679
jurisdiction under the Revised Code:	680

(1) To hear and determine all cases of misdemeanors charging	681
adults with any act or omission with respect to any child, which	682
act or omission is a violation of any state law or any municipal	683
ordinance;	684

(2) To determine the paternity of any child alleged to have	685
been born out of wedlock pursuant to sections 3111.01 to 3111.18	686
of the Revised Code;	687

(3) Under the uniform interstate family support act in	688
Chapter 3115. of the Revised Code;	689

(4) To hear and determine an application for an order for the	690
support of any child, if the child is not a ward of another court	691
of this state;	692

(5) To hear and determine an action commenced under section	693
3111.28 of the Revised Code;	694

(6) To hear and determine a motion filed under section	695
3119.961 of the Revised Code;	696

(7) To receive filings under section 3109.74 of the Revised	697
Code, and to hear and determine actions arising under sections	698
3109.51 to 3109.80 of the Revised Code.	699

(8) To enforce an order for the return of a child made under	700
the Hague Convention on the Civil Aspects of International Child	701
Abduction pursuant to section 3127.32 of the Revised Code;	702

(9) To grant any relief normally available under the laws of	703
this state to enforce a child custody determination made by a	704
court of another state and registered in accordance with section	705
3127.35 of the Revised Code.	706

(C) The juvenile court, except as to juvenile courts that are	707
a separate division of the court of common pleas or a separate and	708
independent juvenile court, has jurisdiction to hear, determine,	709
and make a record of any action for divorce or legal separation	710
that involves the custody or care of children and that is filed in	711
the court of common pleas and certified by the court of common	712
pleas with all the papers filed in the action to the juvenile	713
court for trial, provided that no certification of that nature	714
shall be made to any juvenile court unless the consent of the	715
juvenile judge first is obtained. After a certification of that	716
nature is made and consent is obtained, the juvenile court shall	717
proceed as if the action originally had been begun in that court,	718
except as to awards for spousal support or support due and unpaid	719
at the time of certification, over which the juvenile court has no	720
jurisdiction.	721

(D) The juvenile court, except as provided in divisions (G)	722
and (I) of section 2301.03 of the Revised Code, has jurisdiction	723
to hear and determine all matters as to custody and support of	724
children duly certified by the court of common pleas to the	725
juvenile court after a divorce decree has been granted, including	726
jurisdiction to modify the judgment and decree of the court of	727
common pleas as the same relate to the custody and support of	728
children.	729

(E) The juvenile court, except as provided in divisions (G)	730
and (I) of section 2301.03 of the Revised Code, has jurisdiction	731
to hear and determine the case of any child certified to the court	732
by any court of competent jurisdiction if the child comes within	733
the jurisdiction of the juvenile court as defined by this section.	734

(F)(1) The juvenile court shall exercise its jurisdiction in	735
child custody matters in accordance with sections 3109.04 and	736
3127.01 to 3127.53 of the Revised Code and, as applicable,	737
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	738
Code.	739

(2) The juvenile court shall exercise its jurisdiction in	740
child support matters in accordance with section 3109.05 of the	741
Revised Code.	742

(G) Any juvenile court that makes or modifies an order for	743
child support shall comply with Chapters 3119., 3121., 3123., and	744
3125. of the Revised Code. If any person required to pay child	745
support under an order made by a juvenile court on or after April	746
15, 1985, or modified on or after December 1, 1986, is found in	747
contempt of court for failure to make support payments under the	748
order, the court that makes the finding, in addition to any other	749
penalty or remedy imposed, shall assess all court costs arising	750
out of the contempt proceeding against the person and require the	751
person to pay any reasonable attorney's fees of any adverse party,	752
as determined by the court, that arose in relation to the act of	753
contempt.	754

(H) If a child who is charged with an act that would be an	755
offense if committed by an adult was fourteen years of age or	756
older and under eighteen years of age at the time of the alleged	757
act and if the case is transferred for criminal prosecution	758
pursuant to section 2152.12 of the Revised Code, except as	759
provided in section 2152.121 of the Revised Code, the juvenile	760
court does not have jurisdiction to hear or determine the case	761
subsequent to the transfer. The court to which the case is	762
transferred for criminal prosecution pursuant to that section has	763
jurisdiction subsequent to the transfer to hear and determine the	764
case in the same manner as if the case originally had been	765
commenced in that court, subject to section 2152.121 of the	766
Revised Code, including, but not limited to, jurisdiction to	767
accept a plea of guilty or another plea authorized by Criminal	768
Rule 11 or another section of the Revised Code and jurisdiction to	769
accept a verdict and to enter a judgment of conviction pursuant to	770
the Rules of Criminal Procedure against the child for the	771
commission of the offense that was the basis of the transfer of	772
the case for criminal prosecution, whether the conviction is for	773
the same degree or a lesser degree of the offense charged, for the	774
commission of a lesser-included offense, or for the commission of	775
another offense that is different from the offense charged.	776

(I) If a person under eighteen years of age allegedly commits	777
an act that would be a felony if committed by an adult and if the	778
person is not taken into custody or apprehended for that act until	779
after the person attains twenty-one years of age, the juvenile	780
court does not have jurisdiction to hear or determine any portion	781
of the case charging the person with committing that act. In those	782
circumstances, divisions (A) and (B) of section 2152.12 of the	783
Revised Code do not apply regarding the act, and the case charging	784
the person with committing the act shall be a criminal prosecution	785
commenced and heard in the appropriate court having jurisdiction	786
of the offense as if the person had been eighteen years of age or	787
older when the person committed the act. All proceedings	788
pertaining to the act shall be within the jurisdiction of the	789
court having jurisdiction of the offense, and that court has all	790
the authority and duties in the case that it has in other criminal	791
cases in that court.	792

(J) In exercising its exclusive original jurisdiction under	793
division (A)(16) of this section with respect to any proceedings	794
brought under section 2151.34 or 3113.31 of the Revised Code in	795
which the respondent is a child, the juvenile court retains all	796
dispositionary powers consistent with existing rules of juvenile	797
procedure and may also exercise its discretion to adjudicate	798
proceedings as provided in sections 2151.34 and 3113.31 of the	799
Revised Code, including the issuance of protection orders or the	800
approval of consent agreements under those sections.	801

Sec. 2923.125. (A) This section applies with respect to the	802
application for and issuance by this state of concealed handgun	803
licenses other than concealed handgun licenses on a temporary	804
emergency basis that are issued under section 2923.1213 of the	805
Revised Code. Upon the request of a person who wishes to obtain a	806
concealed handgun license with respect to which this section	807
applies or to renew a concealed handgun license with respect to	808
which this section applies, a sheriff, as provided in division (I)	809
of this section, shall provide to the person free of charge an	810
application form and the web site address at which the pamphlet	811
described in division (B) of section 109.731 of the Revised Code	812
may be found. A sheriff shall accept a completed application form	813
and the fee, items, materials, and information specified in	814
divisions (B)(1) to (5) of this section at the times and in the	815
manners described in division (I) of this section.	816

(B) An applicant for a concealed handgun license with respect	817
to which this section applies shall submit a completed application	818
form and all of the following to the sheriff of the county in	819
which the applicant resides or to the sheriff of any county	820
adjacent to the county in which the applicant resides:	821

(1)(a) A nonrefundable license fee as described in either of	822
the following:	823

(i) For an applicant who has been a resident of this state	824
for five or more years, a fee of sixty-seven dollars;	825

(ii) For an applicant who has been a resident of this state	826
for less than five years, a fee of sixty-seven dollars plus the	827
actual cost of having a background check performed by the federal	828
bureau of investigation.	829

(b) No sheriff shall require an applicant to pay for the cost	830
of a background check performed by the bureau of criminal	831
identification and investigation.	832

(c) A sheriff shall waive the payment of the license fee	833
described in division (B)(1)(a) of this section in connection with	834
an initial or renewal application for a license that is submitted	835
by an applicant who is a retired peace officer, a retired person	836
described in division (B)(1)(b) of section 109.77 of the Revised	837
Code, or a retired federal law enforcement officer who, prior to	838
retirement, was authorized under federal law to carry a firearm in	839
the course of duty, unless the retired peace officer, person, or	840
federal law enforcement officer retired as the result of a mental	841
disability.	842

(d) The sheriff shall deposit all fees paid by an applicant	843
under division (B)(1)(a) of this section into the sheriff's	844
concealed handgun license issuance fund established pursuant to	845
section 311.42 of the Revised Code. The county shall distribute	846
the fees in accordance with section 311.42 of the Revised Code.	847

(2) A color photograph of the applicant that was taken within	848
thirty days prior to the date of the application;	849

(3) One or more of the following competency certifications,	850
each of which shall reflect that, regarding a certification	851
described in division (B)(3)(a), (b), (c), (e), or (f) of this	852
section, within the three years immediately preceding the	853
application the applicant has performed that to which the	854
competency certification relates and that, regarding a	855
certification described in division (B)(3)(d) of this section, the	856
applicant currently is an active or reserve member of the armed	857
forces of the United States or within the six years immediately	858
preceding the application the honorable discharge or retirement to	859
which the competency certification relates occurred:	860

(a) An original or photocopy of a certificate of completion	861
of a firearms safety, training, or requalification or firearms	862
safety instructor course, class, or program that was offered by or	863
under the auspices of the national rifle association and that	864
complies with the requirements set forth in division (G) of this	865
section;	866

(b) An original or photocopy of a certificate of completion	867
of a firearms safety, training, or requalification or firearms	868
safety instructor course, class, or program that satisfies all of	869
the following criteria:	870

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

871

(ii) It utilized qualified instructors who were certified by	872
the national rifle association, the executive director of the Ohio	873
peace officer training commission pursuant to section 109.75 or	874
109.78 of the Revised Code, or a governmental official or entity	875
of another state.	876

(iii) It was offered by or under the auspices of a law	877
enforcement agency of this or another state or the United States,	878
a public or private college, university, or other similar	879
postsecondary educational institution located in this or another	880
state, a firearms training school located in this or another	881
state, or another type of public or private entity or organization	882
located in this or another state.	883

(iv) It complies with the requirements set forth in division	884
(G) of this section.	885

(c) An original or photocopy of a certificate of completion	886
of a state, county, municipal, or department of natural resources	887
peace officer training school that is approved by the executive	888
director of the Ohio peace officer training commission pursuant to	889
section 109.75 of the Revised Code and that complies with the	890
requirements set forth in division (G) of this section, or the	891
applicant has satisfactorily completed and been issued a	892
certificate of completion of a basic firearms training program, a	893
firearms requalification training program, or another basic	894
training program described in section 109.78 or 109.801 of the	895
Revised Code that complies with the requirements set forth in	896
division (G) of this section;	897

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

898

(i) That the applicant is an active or reserve member of the	899
armed forces of the United States, was honorably discharged from	900
military service in the active or reserve armed forces of the	901
United States, is a retired trooper of the state highway patrol,	902
or is a retired peace officer or federal law enforcement officer	903
described in division (B)(1) of this section or a retired person	904
described in division (B)(1)(b) of section 109.77 of the Revised	905
Code and division (B)(1) of this section;	906

(ii) That, through participation in the military service or	907
through the former employment described in division (B)(3)(d)(i)	908
of this section, the applicant acquired experience with handling	909
handguns or other firearms, and the experience so acquired was	910
equivalent to training that the applicant could have acquired in a	911
course, class, or program described in division (B)(3)(a), (b), or	912
(c) of this section.	913

(e) A certificate or another similar document that evidences	914
satisfactory completion of a firearms training, safety, or	915
requalification or firearms safety instructor course, class, or	916
program that is not otherwise described in division (B)(3)(a),	917
(b), (c), or (d) of this section, that was conducted by an	918
instructor who was certified by an official or entity of the	919
government of this or another state or the United States or by the	920
national rifle association, and that complies with the	921
requirements set forth in division (G) of this section;	922

(f) An affidavit that attests to the applicant's satisfactory	923
completion of a course, class, or program described in division	924
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	925
by the applicant's instructor or an authorized representative of	926
the entity that offered the course, class, or program or under	927
whose auspices the course, class, or program was offered.	928

(4) A certification by the applicant that the applicant has	929
read the pamphlet prepared by the Ohio peace officer training	930
commission pursuant to section 109.731 of the Revised Code that	931
reviews firearms, dispute resolution, and use of deadly force	932
matters.	933

(5) A set of fingerprints of the applicant provided as	934
described in section 311.41 of the Revised Code through use of an	935
electronic fingerprint reading device or, if the sheriff to whom	936
the application is submitted does not possess and does not have	937
ready access to the use of such a reading device, on a standard	938
impression sheet prescribed pursuant to division (C)(2) of section	939
109.572 of the Revised Code.	940

(C) Upon receipt of the completed application form,	941
supporting documentation, and, if not waived, license fee of an	942
applicant under this section, a sheriff, in the manner specified	943
in section 311.41 of the Revised Code, shall conduct or cause to	944
be conducted the criminal records check and the incompetency	945
records check described in section 311.41 of the Revised Code.	946

(D)(1) Except as provided in division (D)(3) or (4) of this	947
section, within forty-five days after a sheriff's receipt of an	948
applicant's completed application form for a concealed handgun	949
license under this section, the supporting documentation, and, if	950
not waived, the license fee, the sheriff shall make available	951
through the law enforcement automated data system in accordance	952
with division (H) of this section the information described in	953
that division and, upon making the information available through	954
the system, shall issue to the applicant a concealed handgun	955
license that shall expire as described in division (D)(2)(a) of	956
this section if all of the following apply:	957

(a) The applicant is legally living in the United States, has	958
been a resident of this state for at least forty-five days, and	959
has been a resident of the county in which the person seeks the	960
license or a county adjacent to the county in which the person	961
seeks the license for at least thirty days. For purposes of	962
division (D)(1)(a) of this section:	963

(i) If a person is absent from the United States, from this	964
state, or from a particular county in this state in compliance	965
with military or naval orders as an active or reserve member of	966
the armed forces of the United States and if prior to leaving this	967
state in compliance with those orders the person was legally	968
living in the United States and was a resident of this state, the	969
person, solely by reason of that absence, shall not be considered	970
to have lost the person's status as living in the United States or	971
the person's residence in this state or in the county in which the	972
person was a resident prior to leaving this state in compliance	973
with those orders, without regard to whether or not the person	974
intends to return to this state or to that county, shall not be	975
considered to have acquired a residence in any other state, and	976
shall not be considered to have become a resident of any other	977
state.	978

(ii) If a person is present in this state in compliance with	979
military or naval orders as an active or reserve member of the	980
armed forces of the United States for at least forty-five days,	981
the person shall be considered to have been a resident of this	982
state for that period of at least forty-five days, and, if a	983
person is present in a county of this state in compliance with	984
military or naval orders as an active or reserve member of the	985
armed forces of the United States for at least thirty days, the	986
person shall be considered to have been a resident of that county	987
for that period of at least thirty days.	988

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

989

990

(d) The applicant is not under indictment for or otherwise	991
charged with a felony; an offense under Chapter 2925., 3719., or	992
4729. of the Revised Code that involves the illegal possession,	993
use, sale, administration, or distribution of or trafficking in a	994
drug of abuse; a misdemeanor offense of violence; or a violation	995
of section 2903.14 or 2923.1211 of the Revised Code.	996

(e) Except as otherwise provided in division (D)(5) of this	997
section, the applicant has not been convicted of or pleaded guilty	998
to a felony or an offense under Chapter 2925., 3719., or 4729. of	999
the Revised Code that involves the illegal possession, use, sale,	1000
administration, or distribution of or trafficking in a drug of	1001
abuse; has not been adjudicated a delinquent child for committing	1002
an act that if committed by an adult would be a felony or would be	1003
an offense under Chapter 2925., 3719., or 4729. of the Revised	1004
Code that involves the illegal possession, use, sale,	1005
administration, or distribution of or trafficking in a drug of	1006
abuse; and has not been convicted of, pleaded guilty to, or	1007
adjudicated a delinquent child for committing a violation of	1008
section 2903.13 of the Revised Code when the victim of the	1009
violation is a peace officer, regardless of whether the applicant	1010
was sentenced under division (C)(4) of that section.	1011

(f) Except as otherwise provided in division (D)(5) of this	1012
section, the applicant, within three years of the date of the	1013
application, has not been convicted of or pleaded guilty to a	1014
misdemeanor offense of violence other than a misdemeanor violation	1015
of section 2921.33 of the Revised Code or a violation of section	1016
2903.13 of the Revised Code when the victim of the violation is a	1017
peace officer, or a misdemeanor violation of section 2923.1211 of	1018
the Revised Code; and has not been adjudicated a delinquent child	1019
for committing an act that if committed by an adult would be a	1020
misdemeanor offense of violence other than a misdemeanor violation	1021
of section 2921.33 of the Revised Code or a violation of section	1022
2903.13 of the Revised Code when the victim of the violation is a	1023
peace officer or for committing an act that if committed by an	1024
adult would be a misdemeanor violation of section 2923.1211 of the	1025
Revised Code.	1026

(g) Except as otherwise provided in division (D)(1)(e) of	1027
this section, the applicant, within five years of the date of the	1028
application, has not been convicted of, pleaded guilty to, or	1029
adjudicated a delinquent child for committing two or more	1030
violations of section 2903.13 or 2903.14 of the Revised Code.	1031

(h) Except as otherwise provided in division (D)(5) of this	1032
section, the applicant, within ten years of the date of the	1033
application, has not been convicted of, pleaded guilty to, or	1034
adjudicated a delinquent child for committing a violation of	1035
section 2921.33 of the Revised Code.	1036

(i) The applicant has not been adjudicated as a mental	1037
defective, has not been committed to any mental institution, is	1038
not under adjudication of mental incompetence, has not been found	1039
by a court to be a mentally ill person subject to ~~hospitalization~~	1040
by court order, and is not an involuntary patient other than one	1041
who is a patient only for purposes of observation. As used in this	1042
division, "mentally ill person subject to ~~hospitalization by~~ court	1043
order" and "patient" have the same meanings as in section 5122.01	1044
of the Revised Code.	1045

(j) The applicant is not currently subject to a civil	1046
protection order, a temporary protection order, or a protection	1047
order issued by a court of another state.	1048

(k) The applicant certifies that the applicant desires a	1049
legal means to carry a concealed handgun for defense of the	1050
applicant or a member of the applicant's family while engaged in	1051
lawful activity.	1052

(l) The applicant submits a competency certification of the	1053
type described in division (B)(3) of this section and submits a	1054
certification of the type described in division (B)(4) of this	1055
section regarding the applicant's reading of the pamphlet prepared	1056
by the Ohio peace officer training commission pursuant to section	1057
109.731 of the Revised Code.	1058

(m) The applicant currently is not subject to a suspension	1059
imposed under division (A)(2) of section 2923.128 of the Revised	1060
Code of a concealed handgun license that previously was issued to	1061
the applicant under this section or section 2923.1213 of the	1062
Revised Code.	1063

(2)(a) A concealed handgun license that a sheriff issues	1064
under division (D)(1) of this section shall expire five years	1065
after the date of issuance.	1066

If a sheriff issues a license under this section, the sheriff	1067
shall place on the license a unique combination of letters and	1068
numbers identifying the license in accordance with the procedure	1069
prescribed by the Ohio peace officer training commission pursuant	1070
to section 109.731 of the Revised Code.	1071

(b) If a sheriff denies an application under this section	1072
because the applicant does not satisfy the criteria described in	1073
division (D)(1) of this section, the sheriff shall specify the	1074
grounds for the denial in a written notice to the applicant. The	1075
applicant may appeal the denial pursuant to section 119.12 of the	1076
Revised Code in the county served by the sheriff who denied the	1077
application. If the denial was as a result of the criminal records	1078
check conducted pursuant to section 311.41 of the Revised Code and	1079
if, pursuant to section 2923.127 of the Revised Code, the	1080
applicant challenges the criminal records check results using the	1081
appropriate challenge and review procedure specified in that	1082
section, the time for filing the appeal pursuant to section 119.12	1083
of the Revised Code and this division is tolled during the	1084
pendency of the request or the challenge and review. If the court	1085
in an appeal under section 119.12 of the Revised Code and this	1086
division enters a judgment sustaining the sheriff's refusal to	1087
grant to the applicant a concealed handgun license, the applicant	1088
may file a new application beginning one year after the judgment	1089
is entered. If the court enters a judgment in favor of the	1090
applicant, that judgment shall not restrict the authority of a	1091
sheriff to suspend or revoke the license pursuant to section	1092
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	1093
the license for any proper cause that may occur after the date the	1094
judgment is entered. In the appeal, the court shall have full	1095
power to dispose of all costs.	1096

(3) If the sheriff with whom an application for a concealed	1097
handgun license was filed under this section becomes aware that	1098
the applicant has been arrested for or otherwise charged with an	1099
offense that would disqualify the applicant from holding the	1100
license, the sheriff shall suspend the processing of the	1101
application until the disposition of the case arising from the	1102
arrest or charge.	1103

(4) If the sheriff determines that the applicant is legally	1104
living in the United States and is a resident of the county in	1105
which the applicant seeks the license or of an adjacent county but	1106
does not yet meet the residency requirements described in division	1107
(D)(1)(a) of this section, the sheriff shall not deny the license	1108
because of the residency requirements but shall not issue the	1109
license until the applicant meets those residency requirements.	1110

(5) If an applicant has been convicted of or pleaded guilty	1111
to an offense identified in division (D)(1)(e), (f), or (h) of	1112
this section or has been adjudicated a delinquent child for	1113
committing an act or violation identified in any of those	1114
divisions, and if a court has ordered the sealing or expungement	1115
of the records of that conviction, guilty plea, or adjudication	1116
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1117
2953.36, or section 2953.37 of the Revised Code or a court has	1118
granted the applicant relief pursuant to section 2923.14 of the	1119
Revised Code from the disability imposed pursuant to section	1120
2923.13 of the Revised Code relative to that conviction, guilty	1121
plea, or adjudication, the sheriff with whom the application was	1122
submitted shall not consider the conviction, guilty plea, or	1123
adjudication in making a determination under division (D)(1) or	1124
(F) of this section or, in relation to an application for a	1125
concealed handgun license on a temporary emergency basis submitted	1126
under section 2923.1213 of the Revised Code, in making a	1127
determination under division (B)(2) of that section.	1128

(E) If a concealed handgun license issued under this section	1129
is lost or is destroyed, the licensee may obtain from the sheriff	1130
who issued that license a duplicate license upon the payment of a	1131
fee of fifteen dollars and the submission of an affidavit	1132
attesting to the loss or destruction of the license. The sheriff,	1133
in accordance with the procedures prescribed in section 109.731 of	1134
the Revised Code, shall place on the replacement license a	1135
combination of identifying numbers different from the combination	1136
on the license that is being replaced.	1137

(F)(1) A licensee who wishes to renew a concealed handgun	1138
license issued under this section shall do so not earlier than	1139
ninety days before the expiration date of the license or at any	1140
time after the expiration date of the license by filing with the	1141
sheriff of the county in which the applicant resides or with the	1142
sheriff of an adjacent county an application for renewal of the	1143
license obtained pursuant to division (D) of this section, a	1144
certification by the applicant that, subsequent to the issuance of	1145
the license, the applicant has reread the pamphlet prepared by the	1146
Ohio peace officer training commission pursuant to section 109.731	1147
of the Revised Code that reviews firearms, dispute resolution, and	1148
use of deadly force matters, and a nonrefundable license renewal	1149
fee in an amount determined pursuant to division (F)(4) of this	1150
section unless the fee is waived.	1151

(2) A sheriff shall accept a completed renewal application,	1152
the license renewal fee, and the information specified in division	1153
(F)(1) of this section at the times and in the manners described	1154
in division (I) of this section. Upon receipt of a completed	1155
renewal application, of certification that the applicant has	1156
reread the specified pamphlet prepared by the Ohio peace officer	1157
training commission, and of a license renewal fee unless the fee	1158
is waived, a sheriff, in the manner specified in section 311.41 of	1159
the Revised Code shall conduct or cause to be conducted the	1160
criminal records check and the incompetency records check	1161
described in section 311.41 of the Revised Code. The sheriff shall	1162
renew the license if the sheriff determines that the applicant	1163
continues to satisfy the requirements described in division (D)(1)	1164
of this section, except that the applicant is not required to meet	1165
the requirements of division (D)(1)(l) of this section. A renewed	1166
license shall expire five years after the date of issuance. A	1167
renewed license is subject to division (E) of this section and	1168
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	1169
shall comply with divisions (D)(2) to (4) of this section when the	1170
circumstances described in those divisions apply to a requested	1171
license renewal. If a sheriff denies the renewal of a concealed	1172
handgun license, the applicant may appeal the denial, or challenge	1173
the criminal record check results that were the basis of the	1174
denial if applicable, in the same manner as specified in division	1175
(D)(2)(b) of this section and in section 2923.127 of the Revised	1176
Code, regarding the denial of a license under this section.	1177

(3) A renewal application submitted pursuant to division (F)	1178
of this section shall only require the licensee to list on the	1179
application form information and matters occurring since the date	1180
of the licensee's last application for a license pursuant to	1181
division (B) or (F) of this section. A sheriff conducting the	1182
criminal records check and the incompetency records check	1183
described in section 311.41 of the Revised Code shall conduct the	1184
check only from the date of the licensee's last application for a	1185
license pursuant to division (B) or (F) of this section through	1186
the date of the renewal application submitted pursuant to division	1187
(F) of this section.	1188

(4) An applicant for a renewal concealed handgun license	1189
under this section shall submit to the sheriff of the county in	1190
which the applicant resides or to the sheriff of any county	1191
adjacent to the county in which the applicant resides a	1192
nonrefundable license fee as described in either of the following:	1193

(a) For an applicant who has been a resident of this state	1194
for five or more years, a fee of fifty dollars;	1195

(b) For an applicant who has been a resident of this state	1196
for less than five years, a fee of fifty dollars plus the actual	1197
cost of having a background check performed by the federal bureau	1198
of investigation.	1199

(G)(1) Each course, class, or program described in division	1200
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1201
person who takes the course, class, or program the web site	1202
address at which the pamphlet prepared by the Ohio peace officer	1203
training commission pursuant to section 109.731 of the Revised	1204
Code that reviews firearms, dispute resolution, and use of deadly	1205
force matters may be found. Each such course, class, or program	1206
described in one of those divisions shall include at least twelve	1207
hours of training in the safe handling and use of a firearm that	1208
shall include all of the following:	1209

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

1210

(i) The ability to name, explain, and demonstrate the rules	1211
for safe handling of a handgun and proper storage practices for	1212
handguns and ammunition;	1213

(ii) The ability to demonstrate and explain how to handle	1214
ammunition in a safe manner;	1215

(iii) The ability to demonstrate the knowledge, skills, and	1216
attitude necessary to shoot a handgun in a safe manner;	1217

(iv) Gun handling training.

1218

(b) At least two hours of training that consists of range	1219
time and live-fire training.	1220

(2) To satisfactorily complete the course, class, or program	1221
described in division (B)(3)(a), (b), (c), or (e) of this section,	1222
the applicant shall pass a competency examination that shall	1223
include both of the following:	1224

(a) A written section on the ability to name and explain the	1225
rules for the safe handling of a handgun and proper storage	1226
practices for handguns and ammunition;	1227

(b) A physical demonstration of competence in the use of a	1228
handgun and in the rules for safe handling and storage of a	1229
handgun and a physical demonstration of the attitude necessary to	1230
shoot a handgun in a safe manner.	1231

(3) The competency certification described in division	1232
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1233
shall attest that the course, class, or program the applicant	1234
successfully completed met the requirements described in division	1235
(G)(1) of this section and that the applicant passed the	1236
competency examination described in division (G)(2) of this	1237
section.	1238

(H) Upon deciding to issue a concealed handgun license,	1239
deciding to issue a replacement concealed handgun license, or	1240
deciding to renew a concealed handgun license pursuant to this	1241
section, and before actually issuing or renewing the license, the	1242
sheriff shall make available through the law enforcement automated	1243
data system all information contained on the license. If the	1244
license subsequently is suspended under division (A)(1) or (2) of	1245
section 2923.128 of the Revised Code, revoked pursuant to division	1246
(B)(1) of section 2923.128 of the Revised Code, or lost or	1247
destroyed, the sheriff also shall make available through the law	1248
enforcement automated data system a notation of that fact. The	1249
superintendent of the state highway patrol shall ensure that the	1250
law enforcement automated data system is so configured as to	1251
permit the transmission through the system of the information	1252
specified in this division.	1253

(I) A sheriff shall accept a completed application form or	1254
renewal application, and the fee, items, materials, and	1255
information specified in divisions (B)(1) to (5) or division (F)	1256
of this section, whichever is applicable, and shall provide an	1257
application form or renewal application to any person during at	1258
least fifteen hours a week and shall provide the web site address	1259
at which the pamphlet described in division (B) of section 109.731	1260
of the Revised Code may be found at any time, upon request. The	1261
sheriff shall post notice of the hours during which the sheriff is	1262
available to accept or provide the information described in this	1263
division.	1264

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

1265

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

1266

(a) A statement sworn by the person seeking to carry a	1267
concealed handgun that is made under threat of perjury and that	1268
states that the person has reasonable cause to fear a criminal	1269
attack upon the person or a member of the person's family, such as	1270
would justify a prudent person in going armed;	1271

(b) A written document prepared by a governmental entity or	1272
public official describing the facts that give the person seeking	1273
to carry a concealed handgun reasonable cause to fear a criminal	1274
attack upon the person or a member of the person's family, such as	1275
would justify a prudent person in going armed. Written documents	1276
of this nature include, but are not limited to, any temporary	1277
protection order, civil protection order, protection order issued	1278
by another state, or other court order, any court report, and any	1279
report filed with or made by a law enforcement agency or	1280
prosecutor.	1281

(2) "Prosecutor" has the same meaning as in section 2935.01	1282
of the Revised Code.	1283

(B)(1) A person seeking a concealed handgun license on a	1284
temporary emergency basis shall submit to the sheriff of the	1285
county in which the person resides all of the following:	1286

(a) Evidence of imminent danger to the person or a member of	1287
the person's family;	1288

(b) A sworn affidavit that contains all of the information	1289
required to be on the license and attesting that the person is	1290
legally living in the United States; is at least twenty-one years	1291
of age; is not a fugitive from justice; is not under indictment	1292
for or otherwise charged with an offense identified in division	1293
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1294
convicted of or pleaded guilty to an offense, and has not been	1295
adjudicated a delinquent child for committing an act, identified	1296
in division (D)(1)(e) of that section and to which division (B)(3)	1297
of this section does not apply; within three years of the date of	1298
the submission, has not been convicted of or pleaded guilty to an	1299
offense, and has not been adjudicated a delinquent child for	1300
committing an act, identified in division (D)(1)(f) of that	1301
section and to which division (B)(3) of this section does not	1302
apply; within five years of the date of the submission, has not	1303
been convicted of, pleaded guilty, or adjudicated a delinquent	1304
child for committing two or more violations identified in division	1305
(D)(1)(g) of that section; within ten years of the date of the	1306
submission, has not been convicted of, pleaded guilty, or	1307
adjudicated a delinquent child for committing a violation	1308
identified in division (D)(1)(h) of that section and to which	1309
division (B)(3) of this section does not apply; has not been	1310
adjudicated as a mental defective, has not been committed to any	1311
mental institution, is not under adjudication of mental	1312
incompetence, has not been found by a court to be a mentally ill	1313
person subject to ~~hospitalization by~~ court order, and is not an	1314
involuntary patient other than one who is a patient only for	1315
purposes of observation, as described in division (D)(1)(i) of	1316
that section; is not currently subject to a civil protection	1317
order, a temporary protection order, or a protection order issued	1318
by a court of another state, as described in division (D)(1)(j) of	1319
that section; and is not currently subject to a suspension imposed	1320
under division (A)(2) of section 2923.128 of the Revised Code of a	1321
concealed handgun license that previously was issued to the	1322
person;	1323

(c) A nonrefundable temporary emergency license fee as	1324
described in either of the following:	1325

(i) For an applicant who has been a resident of this state	1326
for five or more years, a fee of fifteen dollars plus the actual	1327
cost of having a background check performed by the bureau of	1328
criminal identification and investigation pursuant to section	1329
311.41 of the Revised Code;	1330

(ii) For an applicant who has been a resident of this state	1331
for less than five years, a fee of fifteen dollars plus the actual	1332
cost of having background checks performed by the federal bureau	1333
of investigation and the bureau of criminal identification and	1334
investigation pursuant to section 311.41 of the Revised Code.	1335

(d) A set of fingerprints of the applicant provided as	1336
described in section 311.41 of the Revised Code through use of an	1337
electronic fingerprint reading device or, if the sheriff to whom	1338
the application is submitted does not possess and does not have	1339
ready access to the use of an electronic fingerprint reading	1340
device, on a standard impression sheet prescribed pursuant to	1341
division (C)(2) of section 109.572 of the Revised Code. If the	1342
fingerprints are provided on a standard impression sheet, the	1343
person also shall provide the person's social security number to	1344
the sheriff.	1345

(2) A sheriff shall accept the evidence of imminent danger,	1346
the sworn affidavit, the fee, and the set of fingerprints required	1347
under division (B)(1) of this section at the times and in the	1348
manners described in division (I) of this section. Upon receipt of	1349
the evidence of imminent danger, the sworn affidavit, the fee, and	1350
the set of fingerprints required under division (B)(1) of this	1351
section, the sheriff, in the manner specified in section 311.41 of	1352
the Revised Code, immediately shall conduct or cause to be	1353
conducted the criminal records check and the incompetency records	1354
check described in section 311.41 of the Revised Code. Immediately	1355
upon receipt of the results of the records checks, the sheriff	1356
shall review the information and shall determine whether the	1357
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1358
section 2923.125 of the Revised Code apply regarding the person.	1359
If the sheriff determines that all of criteria set forth in	1360
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1361
Revised Code apply regarding the person, the sheriff shall	1362
immediately make available through the law enforcement automated	1363
data system all information that will be contained on the	1364
temporary emergency license for the person if one is issued, and	1365
the superintendent of the state highway patrol shall ensure that	1366
the system is so configured as to permit the transmission through	1367
the system of that information. Upon making that information	1368
available through the law enforcement automated data system, the	1369
sheriff shall immediately issue to the person a concealed handgun	1370
license on a temporary emergency basis.	1371

If the sheriff denies the issuance of a license on a	1372
temporary emergency basis to the person, the sheriff shall specify	1373
the grounds for the denial in a written notice to the person. The	1374
person may appeal the denial, or challenge criminal records check	1375
results that were the basis of the denial if applicable, in the	1376
same manners specified in division (D)(2) of section 2923.125 and	1377
in section 2923.127 of the Revised Code, regarding the denial of	1378
an application for a concealed handgun license under that section.	1379

The license on a temporary emergency basis issued under this	1380
division shall be in the form, and shall include all of the	1381
information, described in divisions (A)(2) and (5) of section	1382
109.731 of the Revised Code, and also shall include a unique	1383
combination of identifying letters and numbers in accordance with	1384
division (A)(4) of that section.	1385

The license on a temporary emergency basis issued under this	1386
division is valid for ninety days and may not be renewed. A person	1387
who has been issued a license on a temporary emergency basis under	1388
this division shall not be issued another license on a temporary	1389
emergency basis unless at least four years has expired since the	1390
issuance of the prior license on a temporary emergency basis.	1391

(3) If a person seeking a concealed handgun license on a	1392
temporary emergency basis has been convicted of or pleaded guilty	1393
to an offense identified in division (D)(1)(e), (f), or (h) of	1394
section 2923.125 of the Revised Code or has been adjudicated a	1395
delinquent child for committing an act or violation identified in	1396
any of those divisions, and if a court has ordered the sealing or	1397
expungement of the records of that conviction, guilty plea, or	1398
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1399
2953.31 to 2953.36 of the Revised Code or a court has granted the	1400
applicant relief pursuant to section 2923.14 of the Revised Code	1401
from the disability imposed pursuant to section 2923.13 of the	1402
Revised Code relative to that conviction, guilty plea, or	1403
adjudication, the conviction, guilty plea, or adjudication shall	1404
not be relevant for purposes of the sworn affidavit described in	1405
division (B)(1)(b) of this section, and the person may complete,	1406
and swear to the truth of, the affidavit as if the conviction,	1407
guilty plea, or adjudication never had occurred.	1408

(4) The sheriff shall waive the payment pursuant to division	1409
(B)(1)(c) of this section of the license fee in connection with an	1410
application that is submitted by an applicant who is a retired	1411
peace officer, a retired person described in division (B)(1)(b) of	1412
section 109.77 of the Revised Code, or a retired federal law	1413
enforcement officer who, prior to retirement, was authorized under	1414
federal law to carry a firearm in the course of duty, unless the	1415
retired peace officer, person, or federal law enforcement officer	1416
retired as the result of a mental disability.	1417

The sheriff shall deposit all fees paid by an applicant under	1418
division (B)(1)(c) of this section into the sheriff's concealed	1419
handgun license issuance fund established pursuant to section	1420
311.42 of the Revised Code.	1421

(C) A person who holds a concealed handgun license on a	1422
temporary emergency basis has the same right to carry a concealed	1423
handgun as a person who was issued a concealed handgun license	1424
under section 2923.125 of the Revised Code, and any exceptions to	1425
the prohibitions contained in section 1547.69 and sections 2923.12	1426
to 2923.16 of the Revised Code for a licensee under section	1427
2923.125 of the Revised Code apply to a licensee under this	1428
section. The person is subject to the same restrictions, and to	1429
all other procedures, duties, and sanctions, that apply to a	1430
person who carries a license issued under section 2923.125 of the	1431
Revised Code, other than the license renewal procedures set forth	1432
in that section.	1433

(D) A sheriff who issues a concealed handgun license on a	1434
temporary emergency basis under this section shall not require a	1435
person seeking to carry a concealed handgun in accordance with	1436
this section to submit a competency certificate as a prerequisite	1437
for issuing the license and shall comply with division (H) of	1438
section 2923.125 of the Revised Code in regards to the license.	1439
The sheriff shall suspend or revoke the license in accordance with	1440
section 2923.128 of the Revised Code. In addition to the	1441
suspension or revocation procedures set forth in section 2923.128	1442
of the Revised Code, the sheriff may revoke the license upon	1443
receiving information, verifiable by public documents, that the	1444
person is not eligible to possess a firearm under either the laws	1445
of this state or of the United States or that the person committed	1446
perjury in obtaining the license; if the sheriff revokes a license	1447
under this additional authority, the sheriff shall notify the	1448
person, by certified mail, return receipt requested, at the	1449
person's last known residence address that the license has been	1450
revoked and that the person is required to surrender the license	1451
at the sheriff's office within ten days of the date on which the	1452
notice was mailed. Division (H) of section 2923.125 of the Revised	1453
Code applies regarding any suspension or revocation of a concealed	1454
handgun license on a temporary emergency basis.	1455

(E) A sheriff who issues a concealed handgun license on a	1456
temporary emergency basis under this section shall retain, for the	1457
entire period during which the license is in effect, the evidence	1458
of imminent danger that the person submitted to the sheriff and	1459
that was the basis for the license, or a copy of that evidence, as	1460
appropriate.	1461

(F) If a concealed handgun license on a temporary emergency	1462
basis issued under this section is lost or is destroyed, the	1463
licensee may obtain from the sheriff who issued that license a	1464
duplicate license upon the payment of a fee of fifteen dollars and	1465
the submission of an affidavit attesting to the loss or	1466
destruction of the license. The sheriff, in accordance with the	1467
procedures prescribed in section 109.731 of the Revised Code,	1468
shall place on the replacement license a combination of	1469
identifying numbers different from the combination on the license	1470
that is being replaced.	1471

(G) The Ohio peace officer training commission shall	1472
prescribe, and shall make available to sheriffs, a standard form	1473
to be used under division (B) of this section by a person who	1474
applies for a concealed handgun license on a temporary emergency	1475
basis on the basis of imminent danger of a type described in	1476
division (A)(1)(a) of this section.	1477

(H) A sheriff who receives any fees paid by a person under	1478
this section shall deposit all fees so paid into the sheriff's	1479
concealed handgun license issuance expense fund established under	1480
section 311.42 of the Revised Code.	1481

(I) A sheriff shall accept evidence of imminent danger, a	1482
sworn affidavit, the fee, and the set of fingerprints specified in	1483
division (B)(1) of this section at any time during normal business	1484
hours. In no case shall a sheriff require an appointment, or	1485
designate a specific period of time, for the submission or	1486
acceptance of evidence of imminent danger, a sworn affidavit, the	1487
fee, and the set of fingerprints specified in division (B)(1) of	1488
this section, or for the provision to any person of a standard	1489
form to be used for a person to apply for a concealed handgun	1490
license on a temporary emergency basis.	1491

Sec. 2923.13. (A) Unless relieved from disability as	1492
provided in section 2923.14 of the Revised Code, no person shall	1493
knowingly acquire, have, carry, or use any firearm or dangerous	1494
ordnance, if any of the following apply:	1495

(1) The person is a fugitive from justice.

1496

(2) The person is under indictment for or has been convicted	1497
of any felony offense of violence or has been adjudicated a	1498
delinquent child for the commission of an offense that, if	1499
committed by an adult, would have been a felony offense of	1500
violence.	1501

(3) The person is under indictment for or has been convicted	1502
of any felony offense involving the illegal possession, use, sale,	1503
administration, distribution, or trafficking in any drug of abuse	1504
or has been adjudicated a delinquent child for the commission of	1505
an offense that, if committed by an adult, would have been a	1506
felony offense involving the illegal possession, use, sale,	1507
administration, distribution, or trafficking in any drug of abuse.	1508

(4) The person is drug dependent, in danger of drug	1509
dependence, or a chronic alcoholic.	1510

(5) The person is under adjudication of mental incompetence,	1511
has been adjudicated as a mental defective, has been committed to	1512
a mental institution, has been found by a court to be a mentally	1513
ill person subject to ~~hospitalization by~~ court order, or is an	1514
involuntary patient other than one who is a patient only for	1515
purposes of observation. As used in this division, "mentally ill	1516
person subject to ~~hospitalization by~~ court order" and "patient"	1517
have the same meanings as in section 5122.01 of the Revised Code.	1518

(B) Whoever violates this section is guilty of having weapons	1519
while under disability, a felony of the third degree.	1520

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	1521
the Revised Code:	1522

(1) "Prosecutor" means a prosecuting attorney or a city	1523
director of law, village solicitor, or similar chief legal officer	1524
of a municipal corporation who has authority to prosecute a	1525
criminal case that is before the court or the criminal case in	1526
which a defendant in a criminal case has been found incompetent to	1527
stand trial or not guilty by reason of insanity.	1528

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

1529

(a) A psychiatrist or a licensed clinical psychologist who	1530
satisfies the criteria of division (I)(1) of section 5122.01 of	1531
the Revised Code or is employed by a certified forensic center	1532
designated by the department of mental health and addiction	1533
services to conduct examinations or evaluations.	1534

(b) For purposes of a separate mental retardation evaluation	1535
that is ordered by a court pursuant to division (H) of section	1536
2945.371 of the Revised Code, a psychologist designated by the	1537
director of developmental disabilities pursuant to that section to	1538
conduct that separate mental retardation evaluation.	1539

(3) "Nonsecured status" means any unsupervised, off-grounds	1540
movement or trial visit from a hospital or institution, or any	1541
conditional release, that is granted to a person who is found	1542
incompetent to stand trial and is committed pursuant to section	1543
2945.39 of the Revised Code or to a person who is found not guilty	1544
by reason of insanity and is committed pursuant to section 2945.40	1545
of the Revised Code.	1546

(4) "Unsupervised, off-grounds movement" includes only	1547
off-grounds privileges that are unsupervised and that have an	1548
expectation of return to the hospital or institution on a daily	1549
basis.	1550

(5) "Trial visit" means a patient privilege of a longer	1551
stated duration of unsupervised community contact with an	1552
expectation of return to the hospital or institution at designated	1553
times.	1554

(6) "Conditional release" means a commitment status under	1555
which the trial court at any time may revoke a person's	1556
conditional release and order the rehospitalization or	1557
reinstitutionalization of the person as described in division (A)	1558
of section 2945.402 of the Revised Code and pursuant to which a	1559
person who is found incompetent to stand trial or a person who is	1560
found not guilty by reason of insanity lives and receives	1561
treatment in the community for a period of time that does not	1562
exceed the maximum prison term or term of imprisonment that the	1563
person could have received for the offense in question had the	1564
person been convicted of the offense instead of being found	1565
incompetent to stand trial on the charge of the offense or being	1566
found not guilty by reason of insanity relative to the offense.	1567

(7) "Licensed clinical psychologist," "mentally ill person	1568
subject to ~~hospitalization by~~ court order," and "psychiatrist"	1569
have the same meanings as in section 5122.01 of the Revised Code.	1570

(8) "Mentally retarded person subject to institutionalization	1571
by court order" has the same meaning as in section 5123.01 of the	1572
Revised Code.	1573

(B) In a criminal action in a court of common pleas, a county	1574
court, or a municipal court, the court, prosecutor, or defense may	1575
raise the issue of the defendant's competence to stand trial. If	1576
the issue is raised before the trial has commenced, the court	1577
shall hold a hearing on the issue as provided in this section. If	1578
the issue is raised after the trial has commenced, the court shall	1579
hold a hearing on the issue only for good cause shown or on the	1580
court's own motion.	1581

(C) The court shall conduct the hearing required or	1582
authorized under division (B) of this section within thirty days	1583
after the issue is raised, unless the defendant has been referred	1584
for evaluation in which case the court shall conduct the hearing	1585
within ten days after the filing of the report of the evaluation	1586
or, in the case of a defendant who is ordered by the court	1587
pursuant to division (H) of section 2945.371 of the Revised Code	1588
to undergo a separate mental retardation evaluation conducted by a	1589
psychologist designated by the director of developmental	1590
disabilities, within ten days after the filing of the report of	1591
the separate mental retardation evaluation under that division. A	1592
hearing may be continued for good cause.	1593

(D) The defendant shall be represented by counsel at the	1594
hearing conducted under division (C) of this section. If the	1595
defendant is unable to obtain counsel, the court shall appoint	1596
counsel under Chapter 120. of the Revised Code or under the	1597
authority recognized in division (C) of section 120.06, division	1598
(E) of section 120.16, division (E) of section 120.26, or section	1599
2941.51 of the Revised Code before proceeding with the hearing.	1600

(E) The prosecutor and defense counsel may submit evidence on	1601
the issue of the defendant's competence to stand trial. A written	1602
report of the evaluation of the defendant may be admitted into	1603
evidence at the hearing by stipulation, but, if either the	1604
prosecution or defense objects to its admission, the report may be	1605
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1606
any other applicable statute or rule.	1607

(F) The court shall not find a defendant incompetent to stand	1608
trial solely because the defendant is receiving or has received	1609
treatment as a voluntary or involuntary mentally ill patient under	1610
Chapter 5122. or a voluntary or involuntary mentally retarded	1611
resident under Chapter 5123. of the Revised Code or because the	1612
defendant is receiving or has received psychotropic drugs or other	1613
medication, even if the defendant might become incompetent to	1614
stand trial without the drugs or medication.	1615

(G) A defendant is presumed to be competent to stand trial.	1616
If, after a hearing, the court finds by a preponderance of the	1617
evidence that, because of the defendant's present mental	1618
condition, the defendant is incapable of understanding the nature	1619
and objective of the proceedings against the defendant or of	1620
assisting in the defendant's defense, the court shall find the	1621
defendant incompetent to stand trial and shall enter an order	1622
authorized by section 2945.38 of the Revised Code.	1623

(H) Municipal courts shall follow the procedures set forth in	1624
sections 2945.37 to 2945.402 of the Revised Code. Except as	1625
provided in section 2945.371 of the Revised Code, a municipal	1626
court shall not order an evaluation of the defendant's competence	1627
to stand trial or the defendant's mental condition at the time of	1628
the commission of the offense to be conducted at any hospital	1629
operated by the department of mental health and addiction	1630
services. Those evaluations shall be performed through community	1631
resources including, but not limited to, certified forensic	1632
centers, court probation departments, and community mental health	1633
services providers. All expenses of the evaluations shall be borne	1634
by the legislative authority of the municipal court, as defined in	1635
section 1901.03 of the Revised Code, and shall be taxed as costs	1636
in the case. If a defendant is found incompetent to stand trial or	1637
not guilty by reason of insanity, a municipal court may commit the	1638
defendant as provided in sections 2945.38 to 2945.402 of the	1639
Revised Code.	1640

Sec. 2945.38. (A) If the issue of a defendant's competence	1641
to stand trial is raised and if the court, upon conducting the	1642
hearing provided for in section 2945.37 of the Revised Code, finds	1643
that the defendant is competent to stand trial, the defendant	1644
shall be proceeded against as provided by law. If the court finds	1645
the defendant competent to stand trial and the defendant is	1646
receiving psychotropic drugs or other medication, the court may	1647
authorize the continued administration of the drugs or medication	1648
or other appropriate treatment in order to maintain the	1649
defendant's competence to stand trial, unless the defendant's	1650
attending physician advises the court against continuation of the	1651
drugs, other medication, or treatment.	1652

(B)(1)(a) If, after taking into consideration all relevant	1653
reports, information, and other evidence, the court finds that the	1654
defendant is incompetent to stand trial and that there is a	1655
substantial probability that the defendant will become competent	1656
to stand trial within one year if the defendant is provided with a	1657
course of treatment, the court shall order the defendant to	1658
undergo treatment. If the defendant has been charged with a felony	1659
offense and if, after taking into consideration all relevant	1660
reports, information, and other evidence, the court finds that the	1661
defendant is incompetent to stand trial, but the court is unable	1662
at that time to determine whether there is a substantial	1663
probability that the defendant will become competent to stand	1664
trial within one year if the defendant is provided with a course	1665
of treatment, the court shall order continuing evaluation and	1666
treatment of the defendant for a period not to exceed four months	1667
to determine whether there is a substantial probability that the	1668
defendant will become competent to stand trial within one year if	1669
the defendant is provided with a course of treatment.	1670

(b) The court order for the defendant to undergo treatment or	1671
continuing evaluation and treatment under division (B)(1)(a) of	1672
this section shall specify that the defendant, if determined to	1673
require mental health treatment or continuing evaluation and	1674
treatment, either shall be committed to the department of mental	1675
health and addiction services for treatment or continuing	1676
evaluation and treatment at a hospital, facility, or agency, as	1677
determined to be clinically appropriate by the department of	1678
mental health and addiction services or shall be committed to a	1679
facility certified by the department of mental health and	1680
addiction services as being qualified to treat mental illness, to	1681
a public or community mental health facility, or to a psychiatrist	1682
or another mental health professional for treatment or continuing	1683
evaluation and treatment. Prior to placing the defendant, the	1684
department of mental health and addiction services shall obtain	1685
court approval for that placement following a hearing. The court	1686
order for the defendant to undergo treatment or continuing	1687
evaluation and treatment under division (B)(1)(a) of this section	1688
shall specify that the defendant, if determined to require	1689
treatment or continuing evaluation and treatment for mental	1690
retardation, shall receive treatment or continuing evaluation and	1691
treatment at an institution or facility operated by the department	1692
of developmental disabilities, at a facility certified by the	1693
department of developmental disabilities as being qualified to	1694
treat mental retardation, at a public or private mental	1695
retardation facility, or by a psychiatrist or another mental	1696
retardation professional. In any case, the order may restrict the	1697
defendant's freedom of movement as the court considers necessary.	1698
The prosecutor in the defendant's case shall send to the chief	1699
clinical officer of the hospital, facility, or agency where the	1700
defendant is placed by the department of mental health and	1701
addiction services, or to the managing officer of the institution,	1702
the director of the program or facility, or the person to which	1703
the defendant is committed, copies of relevant police reports and	1704
other background information that pertains to the defendant and is	1705
available to the prosecutor unless the prosecutor determines that	1706
the release of any of the information in the police reports or any	1707
of the other background information to unauthorized persons would	1708
interfere with the effective prosecution of any person or would	1709
create a substantial risk of harm to any person.	1710

In determining the place of commitment, the court shall	1711
consider the extent to which the person is a danger to the person	1712
and to others, the need for security, and the type of crime	1713
involved and shall order the least restrictive alternative	1714
available that is consistent with public safety and treatment	1715
goals. In weighing these factors, the court shall give preference	1716
to protecting public safety.	1717

(c) If the defendant is found incompetent to stand trial, if	1718
the chief clinical officer of the hospital, facility, or agency	1719
where the defendant is placed, or the managing officer of the	1720
institution, the director of the program or facility, or the	1721
person to which the defendant is committed for treatment or	1722
continuing evaluation and treatment under division (B)(1)(b) of	1723
this section determines that medication is necessary to restore	1724
the defendant's competency to stand trial, and if the defendant	1725
lacks the capacity to give informed consent or refuses medication,	1726
the chief clinical officer of the hospital, facility, or agency	1727
where the defendant is placed, or the managing officer of the	1728
institution, the director of the program or facility, or the	1729
person to which the defendant is committed for treatment or	1730
continuing evaluation and treatment may petition the court for	1731
authorization for the involuntary administration of medication.	1732
The court shall hold a hearing on the petition within five days of	1733
the filing of the petition if the petition was filed in a	1734
municipal court or a county court regarding an incompetent	1735
defendant charged with a misdemeanor or within ten days of the	1736
filing of the petition if the petition was filed in a court of	1737
common pleas regarding an incompetent defendant charged with a	1738
felony offense. Following the hearing, the court may authorize the	1739
involuntary administration of medication or may dismiss the	1740
petition.	1741

(2) If the court finds that the defendant is incompetent to	1742
stand trial and that, even if the defendant is provided with a	1743
course of treatment, there is not a substantial probability that	1744
the defendant will become competent to stand trial within one	1745
year, the court shall order the discharge of the defendant, unless	1746
upon motion of the prosecutor or on its own motion, the court	1747
either seeks to retain jurisdiction over the defendant pursuant to	1748
section 2945.39 of the Revised Code or files an affidavit in the	1749
probate court for the civil commitment of the defendant pursuant	1750
to Chapter 5122. or 5123. of the Revised Code alleging that the	1751
defendant is a mentally ill person subject to ~~hospitalization by~~	1752
court order or a mentally retarded person subject to	1753
institutionalization by court order. If an affidavit is filed in	1754
the probate court, the trial court shall send to the probate court	1755
copies of all written reports of the defendant's mental condition	1756
that were prepared pursuant to section 2945.371 of the Revised	1757
Code.	1758

The trial court may issue the temporary order of detention	1759
that a probate court may issue under section 5122.11 or 5123.71 of	1760
the Revised Code, to remain in effect until the probable cause or	1761
initial hearing in the probate court. Further proceedings in the	1762
probate court are civil proceedings governed by Chapter 5122. or	1763
5123. of the Revised Code.	1764

(C) No defendant shall be required to undergo treatment,	1765
including any continuing evaluation and treatment, under division	1766
(B)(1) of this section for longer than whichever of the following	1767
periods is applicable:	1768

(1) One year, if the most serious offense with which the	1769
defendant is charged is one of the following offenses:	1770

(a) Aggravated murder, murder, or an offense of violence for	1771
which a sentence of death or life imprisonment may be imposed;	1772

(b) An offense of violence that is a felony of the first or	1773
second degree;	1774

(c) A conspiracy to commit, an attempt to commit, or	1775
complicity in the commission of an offense described in division	1776
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	1777
complicity is a felony of the first or second degree.	1778

(2) Six months, if the most serious offense with which the	1779
defendant is charged is a felony other than a felony described in	1780
division (C)(1) of this section;	1781

(3) Sixty days, if the most serious offense with which the	1782
defendant is charged is a misdemeanor of the first or second	1783
degree;	1784

(4) Thirty days, if the most serious offense with which the	1785
defendant is charged is a misdemeanor of the third or fourth	1786
degree, a minor misdemeanor, or an unclassified misdemeanor.	1787

(D) Any defendant who is committed pursuant to this section	1788
shall not voluntarily admit the defendant or be voluntarily	1789
admitted to a hospital or institution pursuant to section 5122.02,	1790
5122.15, 5123.69, or 5123.76 of the Revised Code.	1791

(E) Except as otherwise provided in this division, a	1792
defendant who is charged with an offense and is committed by the	1793
court under this section to the department of mental health and	1794
addiction services or is committed to an institution or facility	1795
for the treatment of mental retardation shall not be granted	1796
unsupervised on-grounds movement, supervised off-grounds movement,	1797
or nonsecured status except in accordance with the court order.	1798
The court may grant a defendant supervised off-grounds movement to	1799
obtain medical treatment or specialized habilitation treatment	1800
services if the person who supervises the treatment or the	1801
continuing evaluation and treatment of the defendant ordered under	1802
division (B)(1)(a) of this section informs the court that the	1803
treatment or continuing evaluation and treatment cannot be	1804
provided at the hospital or facility where the defendant is placed	1805
by the department of mental health and addiction services or the	1806
institution or facility to which the defendant is committed. The	1807
chief clinical officer of the hospital or facility where the	1808
defendant is placed by the department of mental health and	1809
addiction services or the managing officer of the institution or	1810
director of the facility to which the defendant is committed, or a	1811
designee of any of those persons, may grant a defendant movement	1812
to a medical facility for an emergency medical situation with	1813
appropriate supervision to ensure the safety of the defendant,	1814
staff, and community during that emergency medical situation. The	1815
chief clinical officer of the hospital or facility where the	1816
defendant is placed by the department of mental health and	1817
addiction services or the managing officer of the institution or	1818
director of the facility to which the defendant is committed shall	1819
notify the court within twenty-four hours of the defendant's	1820
movement to the medical facility for an emergency medical	1821
situation under this division.	1822

(F) The person who supervises the treatment or continuing	1823
evaluation and treatment of a defendant ordered to undergo	1824
treatment or continuing evaluation and treatment under division	1825
(B)(1)(a) of this section shall file a written report with the	1826
court at the following times:	1827

(1) Whenever the person believes the defendant is capable of	1828
understanding the nature and objective of the proceedings against	1829
the defendant and of assisting in the defendant's defense;	1830

(2) For a felony offense, fourteen days before expiration of	1831
the maximum time for treatment as specified in division (C) of	1832
this section and fourteen days before the expiration of the	1833
maximum time for continuing evaluation and treatment as specified	1834
in division (B)(1)(a) of this section, and, for a misdemeanor	1835
offense, ten days before the expiration of the maximum time for	1836
treatment, as specified in division (C) of this section;	1837

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

1838

(4) Whenever the person who supervises the treatment or	1839
continuing evaluation and treatment of a defendant ordered under	1840
division (B)(1)(a) of this section believes that there is not a	1841
substantial probability that the defendant will become capable of	1842
understanding the nature and objective of the proceedings against	1843
the defendant or of assisting in the defendant's defense even if	1844
the defendant is provided with a course of treatment.	1845

(G) A report under division (F) of this section shall contain	1846
the examiner's findings, the facts in reasonable detail on which	1847
the findings are based, and the examiner's opinion as to the	1848
defendant's capability of understanding the nature and objective	1849
of the proceedings against the defendant and of assisting in the	1850
defendant's defense. If, in the examiner's opinion, the defendant	1851
remains incapable of understanding the nature and objective of the	1852
proceedings against the defendant and of assisting in the	1853
defendant's defense and there is a substantial probability that	1854
the defendant will become capable of understanding the nature and	1855
objective of the proceedings against the defendant and of	1856
assisting in the defendant's defense if the defendant is provided	1857
with a course of treatment, if in the examiner's opinion the	1858
defendant remains mentally ill or mentally retarded, and if the	1859
maximum time for treatment as specified in division (C) of this	1860
section has not expired, the report also shall contain the	1861
examiner's recommendation as to the least restrictive placement or	1862
commitment alternative that is consistent with the defendant's	1863
treatment needs for restoration to competency and with the safety	1864
of the community. The court shall provide copies of the report to	1865
the prosecutor and defense counsel.	1866

(H) If a defendant is committed pursuant to division (B)(1)	1867
of this section, within ten days after the treating physician of	1868
the defendant or the examiner of the defendant who is employed or	1869
retained by the treating facility advises that there is not a	1870
substantial probability that the defendant will become capable of	1871
understanding the nature and objective of the proceedings against	1872
the defendant or of assisting in the defendant's defense even if	1873
the defendant is provided with a course of treatment, within ten	1874
days after the expiration of the maximum time for treatment as	1875
specified in division (C) of this section, within ten days after	1876
the expiration of the maximum time for continuing evaluation and	1877
treatment as specified in division (B)(1)(a) of this section,	1878
within thirty days after a defendant's request for a hearing that	1879
is made after six months of treatment, or within thirty days after	1880
being advised by the treating physician or examiner that the	1881
defendant is competent to stand trial, whichever is the earliest,	1882
the court shall conduct another hearing to determine if the	1883
defendant is competent to stand trial and shall do whichever of	1884
the following is applicable:	1885

(1) If the court finds that the defendant is competent to	1886
stand trial, the defendant shall be proceeded against as provided	1887
by law.	1888

(2) If the court finds that the defendant is incompetent to	1889
stand trial, but that there is a substantial probability that the	1890
defendant will become competent to stand trial if the defendant is	1891
provided with a course of treatment, and the maximum time for	1892
treatment as specified in division (C) of this section has not	1893
expired, the court, after consideration of the examiner's	1894
recommendation, shall order that treatment be continued, may	1895
change the facility or program at which the treatment is to be	1896
continued, and shall specify whether the treatment is to be	1897
continued at the same or a different facility or program.	1898

(3) If the court finds that the defendant is incompetent to	1899
stand trial, if the defendant is charged with an offense listed in	1900
division (C)(1) of this section, and if the court finds that there	1901
is not a substantial probability that the defendant will become	1902
competent to stand trial even if the defendant is provided with a	1903
course of treatment, or if the maximum time for treatment relative	1904
to that offense as specified in division (C) of this section has	1905
expired, further proceedings shall be as provided in sections	1906
2945.39, 2945.401, and 2945.402 of the Revised Code.	1907

(4) If the court finds that the defendant is incompetent to	1908
stand trial, if the most serious offense with which the defendant	1909
is charged is a misdemeanor or a felony other than a felony listed	1910
in division (C)(1) of this section, and if the court finds that	1911
there is not a substantial probability that the defendant will	1912
become competent to stand trial even if the defendant is provided	1913
with a course of treatment, or if the maximum time for treatment	1914
relative to that offense as specified in division (C) of this	1915
section has expired, the court shall dismiss the indictment,	1916
information, or complaint against the defendant. A dismissal under	1917
this division is not a bar to further prosecution based on the	1918
same conduct. The court shall discharge the defendant unless the	1919
court or prosecutor files an affidavit in probate court for civil	1920
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	1921
If an affidavit for civil commitment is filed, the court may	1922
detain the defendant for ten days pending civil commitment. All of	1923
the following provisions apply to persons charged with a	1924
misdemeanor or a felony other than a felony listed in division	1925
(C)(1) of this section who are committed by the probate court	1926
subsequent to the court's or prosecutor's filing of an affidavit	1927
for civil commitment under authority of this division:	1928

(a) The chief clinical officer of the entity, hospital, or	1929
facility, the managing officer of the institution, the director of	1930
the program, or the person to which the defendant is committed or	1931
admitted shall do all of the following:	1932

(i) Notify the prosecutor, in writing, of the discharge of	1933
the defendant, send the notice at least ten days prior to the	1934
discharge unless the discharge is by the probate court, and state	1935
in the notice the date on which the defendant will be discharged;	1936

(ii) Notify the prosecutor, in writing, when the defendant is	1937
absent without leave or is granted unsupervised, off-grounds	1938
movement, and send this notice promptly after the discovery of the	1939
absence without leave or prior to the granting of the	1940
unsupervised, off-grounds movement, whichever is applicable;	1941

(iii) Notify the prosecutor, in writing, of the change of the	1942
defendant's commitment or admission to voluntary status, send the	1943
notice promptly upon learning of the change to voluntary status,	1944
and state in the notice the date on which the defendant was	1945
committed or admitted on a voluntary status.	1946

(b) Upon receiving notice that the defendant will be granted	1947
unsupervised, off-grounds movement, the prosecutor either shall	1948
re-indict the defendant or promptly notify the court that the	1949
prosecutor does not intend to prosecute the charges against the	1950
defendant.	1951

(I) If a defendant is convicted of a crime and sentenced to a	1952
jail or workhouse, the defendant's sentence shall be reduced by	1953
the total number of days the defendant is confined for evaluation	1954
to determine the defendant's competence to stand trial or	1955
treatment under this section and sections 2945.37 and 2945.371 of	1956
the Revised Code or by the total number of days the defendant is	1957
confined for evaluation to determine the defendant's mental	1958
condition at the time of the offense charged.	1959

Sec. 2945.39. (A) If a defendant who is charged with an	1960
offense described in division (C)(1) of section 2945.38 of the	1961
Revised Code is found incompetent to stand trial, after the	1962
expiration of the maximum time for treatment as specified in	1963
division (C) of that section or after the court finds that there	1964
is not a substantial probability that the defendant will become	1965
competent to stand trial even if the defendant is provided with a	1966
course of treatment, one of the following applies:	1967

(1) The court or the prosecutor may file an affidavit in	1968
probate court for civil commitment of the defendant in the manner	1969
provided in Chapter 5122. or 5123. of the Revised Code. If the	1970
court or prosecutor files an affidavit for civil commitment, the	1971
court may detain the defendant for ten days pending civil	1972
commitment. If the probate court commits the defendant subsequent	1973
to the court's or prosecutor's filing of an affidavit for civil	1974
commitment, the chief clinical officer of the entity, hospital, or	1975
facility, the managing officer of the institution, the director of	1976
the program, or the person to which the defendant is committed or	1977
admitted shall send to the prosecutor the notices described in	1978
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	1979
Code within the periods of time and under the circumstances	1980
specified in those divisions.	1981

(2) On the motion of the prosecutor or on its own motion, the	1982
court may retain jurisdiction over the defendant if, at a hearing,	1983
the court finds both of the following by clear and convincing	1984
evidence:	1985

(a) The defendant committed the offense with which the	1986
defendant is charged.	1987

(b) The defendant is a mentally ill person subject to	1988
~~hospitalization by~~ court order or a mentally retarded person	1989
subject to institutionalization by court order.	1990

(B) In making its determination under division (A)(2) of this	1991
section as to whether to retain jurisdiction over the defendant,	1992
the court may consider all relevant evidence, including, but not	1993
limited to, any relevant psychiatric, psychological, or medical	1994
testimony or reports, the acts constituting the offense charged,	1995
and any history of the defendant that is relevant to the	1996
defendant's ability to conform to the law.	1997

(C) If the court conducts a hearing as described in division	1998
(A)(2) of this section and if the court does not make both	1999
findings described in divisions (A)(2)(a) and (b) of this section	2000
by clear and convincing evidence, the court shall dismiss the	2001
indictment, information, or complaint against the defendant. Upon	2002
the dismissal, the court shall discharge the defendant unless the	2003
court or prosecutor files an affidavit in probate court for civil	2004
commitment of the defendant pursuant to Chapter 5122. or 5123. of	2005
the Revised Code. If the court or prosecutor files an affidavit	2006
for civil commitment, the court may order that the defendant be	2007
detained for up to ten days pending the civil commitment. If the	2008
probate court commits the defendant subsequent to the court's or	2009
prosecutor's filing of an affidavit for civil commitment, the	2010
chief clinical officer of the entity, hospital, or facility, the	2011
managing officer of the institution, the director of the program,	2012
or the person to which the defendant is committed or admitted	2013
shall send to the prosecutor the notices described in divisions	2014
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	2015
within the periods of time and under the circumstances specified	2016
in those divisions. A dismissal of charges under this division is	2017
not a bar to further criminal proceedings based on the same	2018
conduct.	2019

(D)(1) If the court conducts a hearing as described in	2020
division (A)(2) of this section and if the court makes the	2021
findings described in divisions (A)(2)(a) and (b) of this section	2022
by clear and convincing evidence, the court shall commit the	2023
defendant, if determined to require mental health treatment,	2024
either to the department of mental health and addiction services	2025
for treatment at a hospital, facility, or agency as determined	2026
clinically appropriate by the department of mental health and	2027
addiction services or to another medical or psychiatric facility,	2028
as appropriate. Prior to placing the defendant, the department of	2029
mental health and addiction services shall obtain court approval	2030
for that placement. If the court conducts such a hearing and if it	2031
makes those findings by clear and convincing evidence, the court	2032
shall commit the defendant, if determined to require treatment for	2033
mental retardation, to a facility operated by the department of	2034
developmental disabilities, or another facility, as appropriate.	2035
In determining the place of commitment, the court shall consider	2036
the extent to which the person is a danger to the person and to	2037
others, the need for security, and the type of crime involved and	2038
shall order the least restrictive alternative available that is	2039
consistent with public safety and the welfare of the defendant. In	2040
weighing these factors, the court shall give preference to	2041
protecting public safety.	2042

(2) If a court makes a commitment of a defendant under	2043
division (D)(1) of this section, the prosecutor shall send to the	2044
hospital, facility, or agency where the defendant is placed by the	2045
department of mental health and addiction services or to the	2046
defendant's place of commitment all reports of the defendant's	2047
current mental condition and, except as otherwise provided in this	2048
division, any other relevant information, including, but not	2049
limited to, a transcript of the hearing held pursuant to division	2050
(A)(2) of this section, copies of relevant police reports, and	2051
copies of any prior arrest and conviction records that pertain to	2052
the defendant and that the prosecutor possesses. The prosecutor	2053
shall send the reports of the defendant's current mental condition	2054
in every case of commitment, and, unless the prosecutor determines	2055
that the release of any of the other relevant information to	2056
unauthorized persons would interfere with the effective	2057
prosecution of any person or would create a substantial risk of	2058
harm to any person, the prosecutor also shall send the other	2059
relevant information. Upon admission of a defendant committed	2060
under division (D)(1) of this section, the place of commitment	2061
shall send to the board of alcohol, drug addiction, and mental	2062
health services or the community mental health board serving the	2063
county in which the charges against the defendant were filed a	2064
copy of all reports of the defendant's current mental condition	2065
and a copy of the other relevant information provided by the	2066
prosecutor under this division, including, if provided, a	2067
transcript of the hearing held pursuant to division (A)(2) of this	2068
section, the relevant police reports, and the prior arrest and	2069
conviction records that pertain to the defendant and that the	2070
prosecutor possesses.	2071

(3) If a court makes a commitment under division (D)(1) of	2072
this section, all further proceedings shall be in accordance with	2073
sections 2945.401 and 2945.402 of the Revised Code.	2074

Sec. 2945.40. (A) If a person is found not guilty by reason	2075
of insanity, the verdict shall state that finding, and the trial	2076
court shall conduct a full hearing to determine whether the person	2077
is a mentally ill person subject to ~~hospitalization by~~ court order	2078
or a mentally retarded person subject to institutionalization by	2079
court order. Prior to the hearing, if the trial judge believes	2080
that there is probable cause that the person found not guilty by	2081
reason of insanity is a mentally ill person subject to	2082
~~hospitalization by~~ court order or mentally retarded person subject	2083
to institutionalization by court order, the trial judge may issue	2084
a temporary order of detention for that person to remain in effect	2085
for ten court days or until the hearing, whichever occurs first.	2086

Any person detained pursuant to a temporary order of	2087
detention issued under this division shall be held in a suitable	2088
facility, taking into consideration the place and type of	2089
confinement prior to and during trial.	2090

(B) The court shall hold the hearing under division (A) of	2091
this section to determine whether the person found not guilty by	2092
reason of insanity is a mentally ill person subject to	2093
~~hospitalization by~~ court order or a mentally retarded person	2094
subject to institutionalization by court order within ten court	2095
days after the finding of not guilty by reason of insanity.	2096
Failure to conduct the hearing within the ten-day period shall	2097
cause the immediate discharge of the respondent, unless the judge	2098
grants a continuance for not longer than ten court days for good	2099
cause shown or for any period of time upon motion of the	2100
respondent.	2101

(C) If a person is found not guilty by reason of insanity,	2102
the person has the right to attend all hearings conducted pursuant	2103
to sections 2945.37 to 2945.402 of the Revised Code. At any	2104
hearing conducted pursuant to one of those sections, the court	2105
shall inform the person that the person has all of the following	2106
rights:	2107

(1) The right to be represented by counsel and to have that	2108
counsel provided at public expense if the person is indigent, with	2109
the counsel to be appointed by the court under Chapter 120. of the	2110
Revised Code or under the authority recognized in division (C) of	2111
section 120.06, division (E) of section 120.16, division (E) of	2112
section 120.26, or section 2941.51 of the Revised Code;	2113

(2) The right to have independent expert evaluation and to	2114
have that independent expert evaluation provided at public expense	2115
if the person is indigent;	2116

(3) The right to subpoena witnesses and documents, to present	2117
evidence on the person's behalf, and to cross-examine witnesses	2118
against the person;	2119

(4) The right to testify in the person's own behalf and to	2120
not be compelled to testify;	2121

(5) The right to have copies of any relevant medical or	2122
mental health document in the custody of the state or of any place	2123
of commitment other than a document for which the court finds that	2124
the release to the person of information contained in the document	2125
would create a substantial risk of harm to any person.	2126

(D) The hearing under division (A) of this section shall be	2127
open to the public, and the court shall conduct the hearing in	2128
accordance with the Rules of Civil Procedure. The court shall make	2129
and maintain a full transcript and record of the hearing	2130
proceedings. The court may consider all relevant evidence,	2131
including, but not limited to, any relevant psychiatric,	2132
psychological, or medical testimony or reports, the acts	2133
constituting the offense in relation to which the person was found	2134
not guilty by reason of insanity, and any history of the person	2135
that is relevant to the person's ability to conform to the law.	2136

(E) Upon completion of the hearing under division (A) of this	2137
section, if the court finds there is not clear and convincing	2138
evidence that the person is a mentally ill person subject to	2139
~~hospitalization by~~ court order or a mentally retarded person	2140
subject to institutionalization by court order, the court shall	2141
discharge the person, unless a detainer has been placed upon the	2142
person by the department of rehabilitation and correction, in	2143
which case the person shall be returned to that department.	2144

(F) If, at the hearing under division (A) of this section,	2145
the court finds by clear and convincing evidence that the person	2146
is a mentally ill person subject to ~~hospitalization by~~ court	2147
order, the court shall commit the person either to the department	2148
of mental health and addiction services for treatment in a	2149
hospital, facility, or agency as determined clinically appropriate	2150
by the department of mental health and addiction services or to	2151
another medical or psychiatric facility, as appropriate. Prior to	2152
placing the defendant, the department of mental health and	2153
addiction services shall obtain court approval for that placement.	2154
If, at the hearing under division (A) of this section, the court	2155
determines by clear and convincing evidence that the person	2156
requires treatment for mental retardation, it shall commit the	2157
person to a facility operated by the department of developmental	2158
disabilities or another facility, as appropriate. Further	2159
proceedings shall be in accordance with sections 2945.401 and	2160
2945.402 of the Revised Code. In determining the place of	2161
commitment, the court shall consider the extent to which the	2162
person is a danger to the person and to others, the need for	2163
security, and the type of crime involved and shall order the least	2164
restrictive alternative available that is consistent with public	2165
safety and the welfare of the person. In weighing these factors,	2166
the court shall give preference to protecting public safety.	2167

(G) If a court makes a commitment of a person under division	2168
(F) of this section, the prosecutor shall send to the hospital,	2169
facility, or agency where the person is placed by the department	2170
of mental health and addiction services or to the defendant's	2171
place of commitment all reports of the person's current mental	2172
condition, and, except as otherwise provided in this division, any	2173
other relevant information, including, but not limited to, a	2174
transcript of the hearing held pursuant to division (A) of this	2175
section, copies of relevant police reports, and copies of any	2176
prior arrest and conviction records that pertain to the person and	2177
that the prosecutor possesses. The prosecutor shall send the	2178
reports of the person's current mental condition in every case of	2179
commitment, and, unless the prosecutor determines that the release	2180
of any of the other relevant information to unauthorized persons	2181
would interfere with the effective prosecution of any person or	2182
would create a substantial risk of harm to any person, the	2183
prosecutor also shall send the other relevant information. Upon	2184
admission of a person committed under division (F) of this	2185
section, the place of commitment shall send to the board of	2186
alcohol, drug addiction, and mental health services or the	2187
community mental health board serving the county in which the	2188
charges against the person were filed a copy of all reports of the	2189
person's current mental condition and a copy of the other relevant	2190
information provided by the prosecutor under this division,	2191
including, if provided, a transcript of the hearing held pursuant	2192
to division (A) of this section, the relevant police reports, and	2193
the prior arrest and conviction records that pertain to the person	2194
and that the prosecutor possesses.	2195

(H) A person who is committed pursuant to this section shall	2196
not voluntarily admit the person or be voluntarily admitted to a	2197
hospital or institution pursuant to section 5122.02, 5122.15,	2198
5123.69, or 5123.76 of the Revised Code.	2199

Sec. 2945.401. (A) A defendant found incompetent to stand	2200
trial and committed pursuant to section 2945.39 of the Revised	2201
Code or a person found not guilty by reason of insanity and	2202
committed pursuant to section 2945.40 of the Revised Code shall	2203
remain subject to the jurisdiction of the trial court pursuant to	2204
that commitment, and to the provisions of this section, until the	2205
final termination of the commitment as described in division	2206
(J)(1) of this section. If the jurisdiction is terminated under	2207
this division because of the final termination of the commitment	2208
resulting from the expiration of the maximum prison term or term	2209
of imprisonment described in division (J)(1)(b) of this section,	2210
the court or prosecutor may file an affidavit for the civil	2211
commitment of the defendant or person pursuant to Chapter 5122. or	2212
5123. of the Revised Code.	2213

(B) A hearing conducted under any provision of sections	2214
2945.37 to 2945.402 of the Revised Code shall not be conducted in	2215
accordance with Chapters 5122. and 5123. of the Revised Code. Any	2216
person who is committed pursuant to section 2945.39 or 2945.40 of	2217
the Revised Code shall not voluntarily admit the person or be	2218
voluntarily admitted to a hospital or institution pursuant to	2219
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	2220
All other provisions of Chapters 5122. and 5123. of the Revised	2221
Code regarding hospitalization or institutionalization shall apply	2222
to the extent they are not in conflict with this chapter. A	2223
commitment under section 2945.39 or 2945.40 of the Revised Code	2224
shall not be terminated and the conditions of the commitment shall	2225
not be changed except as otherwise provided in division (D)(2) of	2226
this section with respect to a mentally retarded person subject to	2227
institutionalization by court order or except by order of the	2228
trial court.	2229

(C) The department of mental health and addiction services or	2230
the institution, facility, or program to which a defendant or	2231
person has been committed under section 2945.39 or 2945.40 of the	2232
Revised Code shall report in writing to the trial court, at the	2233
times specified in this division, as to whether the defendant or	2234
person remains a mentally ill person subject to ~~hospitalization by~~	2235
court order or a mentally retarded person subject to	2236
institutionalization by court order and, in the case of a	2237
defendant committed under section 2945.39 of the Revised Code, as	2238
to whether the defendant remains incompetent to stand trial. The	2239
department, institution, facility, or program shall make the	2240
reports after the initial six months of treatment and every two	2241
years after the initial report is made. The trial court shall	2242
provide copies of the reports to the prosecutor and to the counsel	2243
for the defendant or person. Within thirty days after its receipt	2244
pursuant to this division of a report from the department,	2245
institution, facility, or program, the trial court shall hold a	2246
hearing on the continued commitment of the defendant or person or	2247
on any changes in the conditions of the commitment of the	2248
defendant or person. The defendant or person may request a change	2249
in the conditions of confinement, and the trial court shall	2250
conduct a hearing on that request if six months or more have	2251
elapsed since the most recent hearing was conducted under this	2252
section.	2253

(D)(1) Except as otherwise provided in division (D)(2) of	2254
this section, when a defendant or person has been committed under	2255
section 2945.39 or 2945.40 of the Revised Code, at any time after	2256
evaluating the risks to public safety and the welfare of the	2257
defendant or person, the designee of the department of mental	2258
health and addiction services or the managing officer of the	2259
institution or director of the facility or program to which the	2260
defendant or person is committed may recommend a termination of	2261
the defendant's or person's commitment or a change in the	2262
conditions of the defendant's or person's commitment.	2263

Except as otherwise provided in division (D)(2) of this	2264
section, if the designee of the department of mental health and	2265
addiction services recommends on-grounds unsupervised movement,	2266
off-grounds supervised movement, or nonsecured status for the	2267
defendant or person or termination of the defendant's or person's	2268
commitment, the following provisions apply:	2269

(a) If the department's designee recommends on-grounds	2270
unsupervised movement or off-grounds supervised movement, the	2271
department's designee shall file with the trial court an	2272
application for approval of the movement and shall send a copy of	2273
the application to the prosecutor. Within fifteen days after	2274
receiving the application, the prosecutor may request a hearing on	2275
the application and, if a hearing is requested, shall so inform	2276
the department's designee. If the prosecutor does not request a	2277
hearing within the fifteen-day period, the trial court shall	2278
approve the application by entering its order approving the	2279
requested movement or, within five days after the expiration of	2280
the fifteen-day period, shall set a date for a hearing on the	2281
application. If the prosecutor requests a hearing on the	2282
application within the fifteen-day period, the trial court shall	2283
hold a hearing on the application within thirty days after the	2284
hearing is requested. If the trial court, within five days after	2285
the expiration of the fifteen-day period, sets a date for a	2286
hearing on the application, the trial court shall hold the hearing	2287
within thirty days after setting the hearing date. At least	2288
fifteen days before any hearing is held under this division, the	2289
trial court shall give the prosecutor written notice of the date,	2290
time, and place of the hearing. At the conclusion of each hearing	2291
conducted under this division, the trial court either shall	2292
approve or disapprove the application and shall enter its order	2293
accordingly.	2294

(b) If the department's designee recommends termination of	2295
the defendant's or person's commitment at any time or if the	2296
department's designee recommends the first of any nonsecured	2297
status for the defendant or person, the department's designee	2298
shall send written notice of this recommendation to the trial	2299
court and to the local forensic center. The local forensic center	2300
shall evaluate the committed defendant or person and, within	2301
thirty days after its receipt of the written notice, shall submit	2302
to the trial court and the department's designee a written report	2303
of the evaluation. The trial court shall provide a copy of the	2304
department's designee's written notice and of the local forensic	2305
center's written report to the prosecutor and to the counsel for	2306
the defendant or person. Upon the local forensic center's	2307
submission of the report to the trial court and the department's	2308
designee, all of the following apply:	2309

(i) If the forensic center disagrees with the recommendation	2310
of the department's designee, it shall inform the department's	2311
designee and the trial court of its decision and the reasons for	2312
the decision. The department's designee, after consideration of	2313
the forensic center's decision, shall either withdraw, proceed	2314
with, or modify and proceed with the recommendation. If the	2315
department's designee proceeds with, or modifies and proceeds	2316
with, the recommendation, the department's designee shall proceed	2317
in accordance with division (D)(1)(b)(iii) of this section.	2318

(ii) If the forensic center agrees with the recommendation of	2319
the department's designee, it shall inform the department's	2320
designee and the trial court of its decision and the reasons for	2321
the decision, and the department's designee shall proceed in	2322
accordance with division (D)(1)(b)(iii) of this section.	2323

(iii) If the forensic center disagrees with the	2324
recommendation of the department's designee and the department's	2325
designee proceeds with, or modifies and proceeds with, the	2326
recommendation or if the forensic center agrees with the	2327
recommendation of the department's designee, the department's	2328
designee shall work with community mental health services	2329
providers, programs, facilities, or boards of alcohol, drug	2330
addiction, and mental health services or community mental health	2331
boards to develop a plan to implement the recommendation. If the	2332
defendant or person is on medication, the plan shall include, but	2333
shall not be limited to, a system to monitor the defendant's or	2334
person's compliance with the prescribed medication treatment plan.	2335
The system shall include a schedule that clearly states when the	2336
defendant or person shall report for a medication compliance	2337
check. The medication compliance checks shall be based upon the	2338
effective duration of the prescribed medication, taking into	2339
account the route by which it is taken, and shall be scheduled at	2340
intervals sufficiently close together to detect a potential	2341
increase in mental illness symptoms that the medication is	2342
intended to prevent.	2343

The department's designee, after consultation with the board	2344
of alcohol, drug addiction, and mental health services or the	2345
community mental health board serving the area, shall send the	2346
recommendation and plan developed under division (D)(1)(b)(iii) of	2347
this section, in writing, to the trial court, the prosecutor, and	2348
the counsel for the committed defendant or person. The trial court	2349
shall conduct a hearing on the recommendation and plan developed	2350
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	2351
and (d) and (E) to (J) of this section apply regarding the	2352
hearing.	2353

(c) If the department's designee's recommendation is for	2354
nonsecured status or termination of commitment, the prosecutor may	2355
obtain an independent expert evaluation of the defendant's or	2356
person's mental condition, and the trial court may continue the	2357
hearing on the recommendation for a period of not more than thirty	2358
days to permit time for the evaluation.	2359

The prosecutor may introduce the evaluation report or present	2360
other evidence at the hearing in accordance with the Rules of	2361
Evidence.	2362

(d) The trial court shall schedule the hearing on a	2363
department's designee's recommendation for nonsecured status or	2364
termination of commitment and shall give reasonable notice to the	2365
prosecutor and the counsel for the defendant or person. Unless	2366
continued for independent evaluation at the prosecutor's request	2367
or for other good cause, the hearing shall be held within thirty	2368
days after the trial court's receipt of the recommendation and	2369
plan.	2370

(2)(a) Division (D)(1) of this section does not apply to	2371
on-grounds unsupervised movement of a defendant or person who has	2372
been committed under section 2945.39 or 2945.40 of the Revised	2373
Code, who is a mentally retarded person subject to	2374
institutionalization by court order, and who is being provided	2375
residential habilitation, care, and treatment in a facility	2376
operated by the department of developmental disabilities.	2377

(b) If, pursuant to section 2945.39 of the Revised Code, the	2378
trial court commits a defendant who is found incompetent to stand	2379
trial and who is a mentally retarded person subject to	2380
institutionalization by court order, if the defendant is being	2381
provided residential habilitation, care, and treatment in a	2382
facility operated by the department of developmental disabilities,	2383
if an individual who is conducting a survey for the department of	2384
health to determine the facility's compliance with the	2385
certification requirements of the medicaid program cites the	2386
defendant's receipt of the residential habilitation, care, and	2387
treatment in the facility as being inappropriate under the	2388
certification requirements, if the defendant's receipt of the	2389
residential habilitation, care, and treatment in the facility	2390
potentially jeopardizes the facility's continued receipt of	2391
federal medicaid moneys, and if as a result of the citation the	2392
chief clinical officer of the facility determines that the	2393
conditions of the defendant's commitment should be changed, the	2394
department of developmental disabilities may cause the defendant	2395
to be removed from the particular facility and, after evaluating	2396
the risks to public safety and the welfare of the defendant and	2397
after determining whether another type of placement is consistent	2398
with the certification requirements, may place the defendant in	2399
another facility that the department selects as an appropriate	2400
facility for the defendant's continued receipt of residential	2401
habilitation, care, and treatment and that is a no less secure	2402
setting than the facility in which the defendant had been placed	2403
at the time of the citation. Within three days after the	2404
defendant's removal and alternative placement under the	2405
circumstances described in division (D)(2)(b) of this section, the	2406
department of developmental disabilities shall notify the trial	2407
court and the prosecutor in writing of the removal and alternative	2408
placement.	2409

The trial court shall set a date for a hearing on the removal	2410
and alternative placement, and the hearing shall be held within	2411
twenty-one days after the trial court's receipt of the notice from	2412
the department of developmental disabilities. At least ten days	2413
before the hearing is held, the trial court shall give the	2414
prosecutor, the department of developmental disabilities, and the	2415
counsel for the defendant written notice of the date, time, and	2416
place of the hearing. At the hearing, the trial court shall	2417
consider the citation issued by the individual who conducted the	2418
survey for the department of health to be prima-facie evidence of	2419
the fact that the defendant's commitment to the particular	2420
facility was inappropriate under the certification requirements of	2421
the medicaid program and potentially jeopardizes the particular	2422
facility's continued receipt of federal medicaid moneys. At the	2423
conclusion of the hearing, the trial court may approve or	2424
disapprove the defendant's removal and alternative placement. If	2425
the trial court approves the defendant's removal and alternative	2426
placement, the department of developmental disabilities may	2427
continue the defendant's alternative placement. If the trial court	2428
disapproves the defendant's removal and alternative placement, it	2429
shall enter an order modifying the defendant's removal and	2430
alternative placement, but that order shall not require the	2431
department of developmental disabilities to replace the defendant	2432
for purposes of continued residential habilitation, care, and	2433
treatment in the facility associated with the citation issued by	2434
the individual who conducted the survey for the department of	2435
health.	2436

(E) In making a determination under this section regarding	2437
nonsecured status or termination of commitment, the trial court	2438
shall consider all relevant factors, including, but not limited	2439
to, all of the following:	2440

(1) Whether, in the trial court's view, the defendant or	2441
person currently represents a substantial risk of physical harm to	2442
the defendant or person or others;	2443

(2) Psychiatric and medical testimony as to the current	2444
mental and physical condition of the defendant or person;	2445

(3) Whether the defendant or person has insight into the	2446
defendant's or person's condition so that the defendant or person	2447
will continue treatment as prescribed or seek professional	2448
assistance as needed;	2449

(4) The grounds upon which the state relies for the proposed	2450
commitment;	2451

(5) Any past history that is relevant to establish the	2452
defendant's or person's degree of conformity to the laws, rules,	2453
regulations, and values of society;	2454

(6) If there is evidence that the defendant's or person's	2455
mental illness is in a state of remission, the medically suggested	2456
cause and degree of the remission and the probability that the	2457
defendant or person will continue treatment to maintain the	2458
remissive state of the defendant's or person's illness should the	2459
defendant's or person's commitment conditions be altered.	2460

(F) At any hearing held pursuant to division (C) or (D)(1) or	2461
(2) of this section, the defendant or the person shall have all	2462
the rights of a defendant or person at a commitment hearing as	2463
described in section 2945.40 of the Revised Code.	2464

(G) In a hearing held pursuant to division (C) or (D)(1) of	2465
this section, the prosecutor has the burden of proof as follows:	2466

(1) For a recommendation of termination of commitment, to	2467
show by clear and convincing evidence that the defendant or person	2468
remains a mentally ill person subject to ~~hospitalization by~~ court	2469
order or a mentally retarded person subject to	2470
institutionalization by court order;	2471

(2) For a recommendation for a change in the conditions of	2472
the commitment to a less restrictive status, to show by clear and	2473
convincing evidence that the proposed change represents a threat	2474
to public safety or a threat to the safety of any person.	2475

(H) In a hearing held pursuant to division (C) or (D)(1) or	2476
(2) of this section, the prosecutor shall represent the state or	2477
the public interest.	2478

(I) At the conclusion of a hearing conducted under division	2479
(D)(1) of this section regarding a recommendation from the	2480
designee of the department of mental health and addiction	2481
services, managing officer of the institution, or director of a	2482
facility or program, the trial court may approve, disapprove, or	2483
modify the recommendation and shall enter an order accordingly.	2484

(J)(1) A defendant or person who has been committed pursuant	2485
to section 2945.39 or 2945.40 of the Revised Code continues to be	2486
under the jurisdiction of the trial court until the final	2487
termination of the commitment. For purposes of division (J) of	2488
this section, the final termination of a commitment occurs upon	2489
the earlier of one of the following:	2490

(a) The defendant or person no longer is a mentally ill	2491
person subject to ~~hospitalization by~~ court order or a mentally	2492
retarded person subject to institutionalization by court order, as	2493
determined by the trial court;	2494

(b) The expiration of the maximum prison term or term of	2495
imprisonment that the defendant or person could have received if	2496
the defendant or person had been convicted of the most serious	2497
offense with which the defendant or person is charged or in	2498
relation to which the defendant or person was found not guilty by	2499
reason of insanity;	2500

(c) The trial court enters an order terminating the	2501
commitment under the circumstances described in division	2502
(J)(2)(a)(ii) of this section.	2503

(2)(a) If a defendant is found incompetent to stand trial and	2504
committed pursuant to section 2945.39 of the Revised Code, if	2505
neither of the circumstances described in divisions (J)(1)(a) and	2506
(b) of this section applies to that defendant, and if a report	2507
filed with the trial court pursuant to division (C) of this	2508
section indicates that the defendant presently is competent to	2509
stand trial or if, at any other time during the period of the	2510
defendant's commitment, the prosecutor, the counsel for the	2511
defendant, or the designee of the department of mental health and	2512
addiction services or the managing officer of the institution or	2513
director of the facility or program to which the defendant is	2514
committed files an application with the trial court alleging that	2515
the defendant presently is competent to stand trial and requesting	2516
a hearing on the competency issue or the trial court otherwise has	2517
reasonable cause to believe that the defendant presently is	2518
competent to stand trial and determines on its own motion to hold	2519
a hearing on the competency issue, the trial court shall schedule	2520
a hearing on the competency of the defendant to stand trial, shall	2521
give the prosecutor, the counsel for the defendant, and the	2522
department's designee or the managing officer of the institution	2523
or the director of the facility to which the defendant is	2524
committed notice of the date, time, and place of the hearing at	2525
least fifteen days before the hearing, and shall conduct the	2526
hearing within thirty days of the filing of the application or of	2527
its own motion. If, at the conclusion of the hearing, the trial	2528
court determines that the defendant presently is capable of	2529
understanding the nature and objective of the proceedings against	2530
the defendant and of assisting in the defendant's defense, the	2531
trial court shall order that the defendant is competent to stand	2532
trial and shall be proceeded against as provided by law with	2533
respect to the applicable offenses described in division (C)(1) of	2534
section 2945.38 of the Revised Code and shall enter whichever of	2535
the following additional orders is appropriate:	2536

(i) If the trial court determines that the defendant remains	2537
a mentally ill person subject to ~~hospitalization by~~ court order or	2538
a mentally retarded person subject to institutionalization by	2539
court order, the trial court shall order that the defendant's	2540
commitment to the department of mental health and addiction	2541
services or to an institution, facility, or program for the	2542
treatment of mental retardation be continued during the pendency	2543
of the trial on the applicable offenses described in division	2544
(C)(1) of section 2945.38 of the Revised Code.	2545

(ii) If the trial court determines that the defendant no	2546
longer is a mentally ill person subject to ~~hospitalization by~~	2547
court order or a mentally retarded person subject to	2548
institutionalization by court order, the trial court shall order	2549
that the defendant's commitment to the department of mental health	2550
and addiction services or to an institution, facility, or program	2551
for the treatment of mental retardation shall not be continued	2552
during the pendency of the trial on the applicable offenses	2553
described in division (C)(1) of section 2945.38 of the Revised	2554
Code. This order shall be a final termination of the commitment	2555
for purposes of division (J)(1)(c) of this section.	2556

(b) If, at the conclusion of the hearing described in	2557
division (J)(2)(a) of this section, the trial court determines	2558
that the defendant remains incapable of understanding the nature	2559
and objective of the proceedings against the defendant or of	2560
assisting in the defendant's defense, the trial court shall order	2561
that the defendant continues to be incompetent to stand trial,	2562
that the defendant's commitment to the department of mental health	2563
and addiction services or to an institution, facility, or program	2564
for the treatment of mental retardation shall be continued, and	2565
that the defendant remains subject to the jurisdiction of the	2566
trial court pursuant to that commitment, and to the provisions of	2567
this section, until the final termination of the commitment as	2568
described in division (J)(1) of this section.	2569

Sec. 2967.22. Whenever it is brought to the attention of the	2570
adult parole authority or a department of probation that a	2571
parolee, person under a community control sanction, person under	2572
transitional control, or releasee appears to be a mentally ill	2573
person subject to ~~hospitalization by~~ court order, as defined in	2574
section 5122.01 of the Revised Code, or a mentally retarded person	2575
subject to institutionalization by court order, as defined in	2576
section 5123.01 of the Revised Code, the parole or probation	2577
officer, subject to the approval of the chief of the adult parole	2578
authority, the designee of the chief of the adult parole	2579
authority, or the chief probation officer, may file an affidavit	2580
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	2581
person under a community control sanction, or releasee who is	2582
involuntarily detained under Chapter 5122. or 5123. of the Revised	2583
Code shall receive credit against the period of parole or	2584
community control or the term of post-release control for the	2585
period of involuntary detention.	2586

If a parolee, person under a community control sanction,	2587
person under transitional control, or releasee escapes from an	2588
institution or facility within the department of mental health and	2589
addiction services or the department of developmental	2590
disabilities, the superintendent of the institution immediately	2591
shall notify the chief of the adult parole authority or the chief	2592
probation officer. Notwithstanding the provisions of section	2593
5122.26 of the Revised Code, the procedure for the apprehension,	2594
detention, and return of the parolee, person under a community	2595
control sanction, person under transitional control, or releasee	2596
is the same as that provided for the apprehension, detention, and	2597
return of persons who escape from institutions operated by the	2598
department of rehabilitation and correction. If the escaped	2599
parolee, person under transitional control, or releasee is not	2600
apprehended and returned to the custody of the department of	2601
mental health and addiction services or the department of	2602
developmental disabilities within ninety days after the escape,	2603
the parolee, person under transitional control, or releasee shall	2604
be discharged from the custody of the department of mental health	2605
and addiction services or the department of developmental	2606
disabilities and returned to the custody of the department of	2607
rehabilitation and correction. If the escaped person under a	2608
community control sanction is not apprehended and returned to the	2609
custody of the department of mental health and addiction services	2610
or the department of developmental disabilities within ninety days	2611
after the escape, the person under a community control sanction	2612
shall be discharged from the custody of the department of mental	2613
health and addiction services or the department of developmental	2614
disabilities and returned to the custody of the court that	2615
sentenced that person.	2616

Sec. 5119.311. The department of mental health and addiction	2617
services may examine into, with or without expert assistance, the	2618
question of the mental and physical condition of any person	2619
committed to or involuntarily confined in any hospital for the	2620
mentally ill, or restrained of liberty at any place within this	2621
state by reason of alleged mental illness and may order and compel	2622
the discharge of any such person who is not a mentally ill person	2623
subject to ~~hospitalization by~~ court order as defined in division	2624
(B) of section 5122.01 of the Revised Code and direct what	2625
disposition shall be made of the person. The order of discharge	2626
shall be signed by the director of mental health and addiction	2627
services. Upon receipt of such order by the superintendent or	2628
other person in charge of the building in which the person named	2629
in such order is confined, such person shall forthwith be	2630
discharged or otherwise disposed of according to the terms of said	2631
order, and any further or other detention of such person is	2632
unlawful. No such order shall be made in favor of any person	2633
committed and held for trial on a criminal charge, in confinement	2634
by an order of a judge or court made in a criminal proceeding, or	2635
in any case unless notice is given to the superintendent or other	2636
person having charge of the building in which the alleged mentally	2637
ill person is detained, and a reasonable opportunity is allowed	2638
the person in charge to justify further detention of the person	2639
confined.	2640

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

2641

(1) "Mental illness" means a substantial disorder of thought,	2642
mood, perception, orientation, or memory that grossly impairs	2643
judgment, behavior, capacity to recognize reality, or ability to	2644
meet the ordinary demands of life.	2645

(2) "Mentally ill person subject to hospitalization" means a	2646
mentally ill person to whom any of the following applies because	2647
of the person's mental illness:	2648

(a) The person represents a substantial risk of physical harm	2649
to the person as manifested by evidence of threats of, or attempts	2650
at, suicide or serious self-inflicted bodily harm.	2651

(b) The person represents a substantial risk of physical harm	2652
to others as manifested by evidence of recent homicidal or other	2653
violent behavior, evidence of recent threats that place another in	2654
reasonable fear of violent behavior and serious physical harm, or	2655
other evidence of present dangerousness.	2656

(c) The person represents a substantial and immediate risk of	2657
serious physical impairment or injury to the person as manifested	2658
by evidence that the person is unable to provide for and is not	2659
providing for the person's basic physical needs because of the	2660
person's mental illness and that appropriate provision for those	2661
needs cannot be made immediately available in the correctional	2662
institution in which the inmate is currently housed.	2663

(d) The person would benefit from treatment in a hospital for	2664
the person's mental illness and is in need of treatment in a	2665
hospital as manifested by evidence of behavior that creates a	2666
grave and imminent risk to substantial rights of others or the	2667
person.	2668

(3) "Psychiatric hospital" means all or part of a facility	2669
that is operated and managed by the department of mental health	2670
and addiction services to provide psychiatric hospitalization	2671
services in accordance with the requirements of this section	2672
pursuant to an agreement between the directors of rehabilitation	2673
and correction and mental health and addiction services or, is	2674
licensed by the department of mental health and addiction services	2675
pursuant to section 5119.33 of the Revised Code as a psychiatric	2676
hospital and is accredited by a health care accrediting	2677
organization approved by the department of mental health and	2678
addiction services and the psychiatric hospital is any of the	2679
following:	2680

(a) Operated and managed by the department of rehabilitation	2681
and correction within a facility that is operated by the	2682
department of rehabilitation and correction;	2683

(b) Operated and managed by a contractor for the department	2684
of rehabilitation and correction within a facility that is	2685
operated by the department of rehabilitation and correction;	2686

(c) Operated and managed in the community by an entity that	2687
has contracted with the department of rehabilitation and	2688
correction to provide psychiatric hospitalization services in	2689
accordance with the requirements of this section.	2690

(4) "Inmate patient" means an inmate who is admitted to a	2691
psychiatric hospital.	2692

(5) "Admitted" to a psychiatric hospital means being accepted	2693
for and staying at least one night at the psychiatric hospital.	2694

(6) "Treatment plan" means a written statement of reasonable	2695
objectives and goals for an inmate patient that is based on the	2696
needs of the inmate patient and that is established by the	2697
treatment team, with the active participation of the inmate	2698
patient and with documentation of that participation. "Treatment	2699
plan" includes all of the following:	2700

(a) The specific criteria to be used in evaluating progress	2701
toward achieving the objectives and goals;	2702

(b) The services to be provided to the inmate patient during	2703
the inmate patient's hospitalization;	2704

(c) The services to be provided to the inmate patient after	2705
discharge from the hospital, including, but not limited to,	2706
housing and mental health services provided at the state	2707
correctional institution to which the inmate patient returns after	2708
discharge or community mental health services.	2709

(7) "Mentally retarded person subject to institutionalization	2710
by court order" has the same meaning as in section 5123.01 of the	2711
Revised Code.	2712

(8) "Emergency transfer" means the transfer of a mentally ill	2713
inmate to a psychiatric hospital when the inmate presents an	2714
immediate danger to self or others and requires hospital-level	2715
care.	2716

(9) "Uncontested transfer" means the transfer of a mentally	2717
ill inmate to a psychiatric hospital when the inmate has the	2718
mental capacity to, and has waived, the hearing required by	2719
division (B) of this section.	2720

(10)(a) "Independent decision-maker" means a person who is	2721
employed or retained by the department of rehabilitation and	2722
correction and is appointed by the chief or chief clinical officer	2723
of mental health services as a hospitalization hearing officer to	2724
conduct due process hearings.	2725

(b) An independent decision-maker who presides over any	2726
hearing or issues any order pursuant to this section shall be a	2727
psychiatrist, psychologist, or attorney, shall not be specifically	2728
associated with the institution in which the inmate who is the	2729
subject of the hearing or order resides at the time of the hearing	2730
or order, and previously shall not have had any treatment	2731
relationship with nor have represented in any legal proceeding the	2732
inmate who is the subject of the order.	2733

(B)(1) Except as provided in division (C) of this section, if	2734
the warden of a state correctional institution or the warden's	2735
designee believes that an inmate should be transferred from the	2736
institution to a psychiatric hospital, the department shall hold a	2737
hearing to determine whether the inmate is a mentally ill person	2738
subject to hospitalization. The department shall conduct the	2739
hearing at the state correctional institution in which the inmate	2740
is confined, and the department shall provide qualified	2741
independent assistance to the inmate for the hearing. An	2742
independent decision-maker provided by the department shall	2743
preside at the hearing and determine whether the inmate is a	2744
mentally ill person subject to hospitalization.	2745

(2) Except as provided in division (C) of this section, prior	2746
to the hearing held pursuant to division (B)(1) of this section,	2747
the warden or the warden's designee shall give written notice to	2748
the inmate that the department is considering transferring the	2749
inmate to a psychiatric hospital, that it will hold a hearing on	2750
the proposed transfer at which the inmate may be present, that at	2751
the hearing the inmate has the rights described in division (B)(3)	2752
of this section, and that the department will provide qualified	2753
independent assistance to the inmate with respect to the hearing.	2754
The department shall not hold the hearing until the inmate has	2755
received written notice of the proposed transfer and has had	2756
sufficient time to consult with the person appointed by the	2757
department to provide assistance to the inmate and to prepare for	2758
a presentation at the hearing.	2759

(3) At the hearing held pursuant to division (B)(1) of this	2760
section, the department shall disclose to the inmate the evidence	2761
that it relies upon for the transfer and shall give the inmate an	2762
opportunity to be heard. Unless the independent decision-maker	2763
finds good cause for not permitting it, the inmate may present	2764
documentary evidence and the testimony of witnesses at the hearing	2765
and may confront and cross-examine witnesses called by the	2766
department.	2767

(4) If the independent decision-maker does not find clear and	2768
convincing evidence that the inmate is a mentally ill person	2769
subject to hospitalization, the department shall not transfer the	2770
inmate to a psychiatric hospital but shall continue to confine the	2771
inmate in the same state correctional institution or in another	2772
state correctional institution that the department considers	2773
appropriate. If the independent decision-maker finds clear and	2774
convincing evidence that the inmate is a mentally ill person	2775
subject to hospitalization, the decision-maker shall order that	2776
the inmate be transported to a psychiatric hospital for	2777
observation and treatment for a period of not longer than thirty	2778
days. After the hearing, the independent decision-maker shall	2779
submit to the department a written decision that states one of the	2780
findings described in division (B)(4) of this section, the	2781
evidence that the decision-maker relied on in reaching that	2782
conclusion, and, if the decision is that the inmate should be	2783
transferred, the reasons for the transfer.	2784

(C)(1) The department may transfer an inmate to a psychiatric	2785
hospital under an emergency transfer order if the chief clinical	2786
officer of mental health services of the department or that	2787
officer's designee and either a psychiatrist employed or retained	2788
by the department or, in the absence of a psychiatrist, a	2789
psychologist employed or retained by the department determines	2790
that the inmate is mentally ill, presents an immediate danger to	2791
self or others, and requires hospital-level care.	2792

(2) The department may transfer an inmate to a psychiatric	2793
hospital under an uncontested transfer order if both of the	2794
following apply:	2795

(a) A psychiatrist employed or retained by the department	2796
determines all of the following apply:	2797

(i) The inmate has a mental illness or is a mentally ill	2798
person subject to hospitalization.	2799

(ii) The inmate requires hospital care to address the mental	2800
illness.	2801

(iii) The inmate has the mental capacity to make a reasoned	2802
choice regarding the inmate's transfer to a hospital.	2803

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

2804

(3) The written notice and the hearing required under	2805
divisions (B)(1) and (2) of this section are not required for an	2806
emergency transfer or uncontested transfer under division (C)(1)	2807
or (2) of this section.	2808

(4) After an emergency transfer under division (C)(1) of this	2809
section, the department shall hold a hearing for continued	2810
hospitalization within five working days after admission of the	2811
transferred inmate to the psychiatric hospital. The department	2812
shall hold subsequent hearings pursuant to division (F) of this	2813
section at the same intervals as required for inmate patients who	2814
are transported to a psychiatric hospital under division (B)(4) of	2815
this section.	2816

(5) After an uncontested transfer under division (C)(2) of	2817
this section, the inmate may withdraw consent to the transfer in	2818
writing at any time. Upon the inmate's withdrawal of consent, the	2819
hospital shall discharge the inmate, or, within five working days,	2820
the department shall hold a hearing for continued hospitalization.	2821
The department shall hold subsequent hearings pursuant to division	2822
(F) of this section at the same time intervals as required for	2823
inmate patients who are transported to a psychiatric hospital	2824
under division (B)(4) of this section.	2825

(D)(1) If an independent decision-maker, pursuant to division	2826
(B)(4) of this section, orders an inmate transported to a	2827
psychiatric hospital or if an inmate is transferred pursuant to	2828
division (C)(1) or (2) of this section, the staff of the	2829
psychiatric hospital shall examine the inmate patient when	2830
admitted to the psychiatric hospital as soon as practicable after	2831
the inmate patient arrives at the hospital and no later than	2832
twenty-four hours after the time of arrival. The attending	2833
physician responsible for the inmate patient's care shall give the	2834
inmate patient all information necessary to enable the patient to	2835
give a fully informed, intelligent, and knowing consent to the	2836
treatment the inmate patient will receive in the hospital. The	2837
attending physician shall tell the inmate patient the expected	2838
physical and medical consequences of any proposed treatment and	2839
shall give the inmate patient the opportunity to consult with	2840
another psychiatrist at the hospital and with the inmate advisor.	2841

(2) No inmate patient who is transported or transferred	2842
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	2843
psychiatric hospital within a facility that is operated by the	2844
department of rehabilitation and correction shall be subjected to	2845
any of the following procedures:	2846

(a) Convulsive therapy;

2847

(b) Major aversive interventions;

2848

2849

(d) Psychosurgery.

2850

(E) The department of rehabilitation and correction shall	2851
ensure that an inmate patient hospitalized pursuant to this	2852
section receives or has all of the following:	2853

(1) Receives sufficient professional care within twenty days	2854
of admission to ensure that an evaluation of the inmate patient's	2855
current status, differential diagnosis, probable prognosis, and	2856
description of the current treatment plan have been formulated and	2857
are stated on the inmate patient's official chart;	2858

(2) Has a written treatment plan consistent with the	2859
evaluation, diagnosis, prognosis, and goals of treatment;	2860

(3) Receives treatment consistent with the treatment plan;

2861

(4) Receives periodic reevaluations of the treatment plan by	2862
the professional staff at intervals not to exceed thirty days;	2863

(5) Is provided with adequate medical treatment for physical	2864
disease or injury;	2865

(6) Receives humane care and treatment, including, without	2866
being limited to, the following:	2867

(a) Access to the facilities and personnel required by the	2868
treatment plan;	2869

(b) A humane psychological and physical environment;

2870

(c) The right to obtain current information concerning the	2871
treatment program, the expected outcomes of treatment, and the	2872
expectations for the inmate patient's participation in the	2873
treatment program in terms that the inmate patient reasonably can	2874
understand;	2875

(d) Opportunity for participation in programs designed to	2876
help the inmate patient acquire the skills needed to work toward	2877
discharge from the psychiatric hospital;	2878

(e) The right to be free from unnecessary or excessive	2879
medication and from unnecessary restraints or isolation;	2880

(f) All other rights afforded inmates in the custody of the	2881
department consistent with rules, policy, and procedure of the	2882
department.	2883

(F) The department shall hold a hearing for the continued	2884
hospitalization of an inmate patient who is transported or	2885
transferred to a psychiatric hospital pursuant to division (B)(4)	2886
or (C)(1) of this section prior to the expiration of the initial	2887
thirty-day period of hospitalization. The department shall hold	2888
any subsequent hearings, if necessary, not later than ninety days	2889
after the first thirty-day hearing and then not later than each	2890
one hundred and eighty days after the immediately prior hearing.	2891
An independent decision-maker shall conduct the hearings at the	2892
psychiatric hospital in which the inmate patient is confined. The	2893
inmate patient shall be afforded all of the rights set forth in	2894
this section for the hearing prior to transfer to the psychiatric	2895
hospital. The department may not waive a hearing for continued	2896
commitment. A hearing for continued commitment is mandatory for an	2897
inmate patient transported or transferred to a psychiatric	2898
hospital pursuant to division (B)(4) or (C)(1) of this section	2899
unless the inmate patient has the capacity to make a reasoned	2900
choice to execute a waiver and waives the hearing in writing. An	2901
inmate patient who is transferred to a psychiatric hospital	2902
pursuant to an uncontested transfer under division (C)(2) of this	2903
section and who has scheduled hearings after withdrawal of consent	2904
for hospitalization may waive any of the scheduled hearings if the	2905
inmate has the capacity to make a reasoned choice and executes a	2906
written waiver of the hearing.	2907

If upon completion of the hearing the independent	2908
decision-maker does not find by clear and convincing evidence that	2909
the inmate patient is a mentally ill person subject to	2910
hospitalization, the independent decision-maker shall order the	2911
inmate patient's discharge from the psychiatric hospital. If the	2912
independent decision-maker finds by clear and convincing evidence	2913
that the inmate patient is a mentally ill person subject to	2914
hospitalization, the independent decision-maker shall order that	2915
the inmate patient remain at the psychiatric hospital for	2916
continued hospitalization until the next required hearing.	2917

If at any time prior to the next required hearing for	2918
continued hospitalization, the medical director of the hospital or	2919
the attending physician determines that the treatment needs of the	2920
inmate patient could be met equally well in an available and	2921
appropriate less restrictive state correctional institution or	2922
unit, the medical director or attending physician may discharge	2923
the inmate to that facility.	2924

(G) An inmate patient is entitled to the credits toward the	2925
reduction of the inmate patient's stated prison term pursuant to	2926
Chapters 2967. and 5120. of the Revised Code under the same terms	2927
and conditions as if the inmate patient were in any other	2928
institution of the department of rehabilitation and correction.	2929

(H) The adult parole authority may place an inmate patient on	2930
parole or under post-release control directly from a psychiatric	2931
hospital.	2932

(I) If an inmate patient who is a mentally ill person subject	2933
to hospitalization is to be released from a psychiatric hospital	2934
because of the expiration of the inmate patient's stated prison	2935
term, the director of rehabilitation and correction or the	2936
director's designee, at least fourteen days before the expiration	2937
date, may file an affidavit under section 5122.11 or 5123.71 of	2938
the Revised Code with the probate court in the county where the	2939
psychiatric hospital is located or the probate court in the county	2940
where the inmate will reside, alleging that the inmate patient is	2941
a mentally ill person subject to ~~hospitalization by~~ court order or	2942
a mentally retarded person subject to institutionalization by	2943
court order, whichever is applicable. The proceedings in the	2944
probate court shall be conducted pursuant to Chapter 5122. or	2945
5123. of the Revised Code except as modified by this division.	2946

Upon the request of the inmate patient, the probate court	2947
shall grant the inmate patient an initial hearing under section	2948
5122.141 of the Revised Code or a probable cause hearing under	2949
section 5123.75 of the Revised Code before the expiration of the	2950
stated prison term. After holding a full hearing, the probate	2951
court shall make a disposition authorized by section 5122.15 or	2952
5123.76 of the Revised Code before the date of the expiration of	2953
the stated prison term. No inmate patient shall be held in the	2954
custody of the department of rehabilitation and correction past	2955
the date of the expiration of the inmate patient's stated prison	2956
term.	2957

(J) The department of rehabilitation and correction shall set	2958
standards for treatment provided to inmate patients.	2959

(K) A certificate, application, record, or report that is	2960
made in compliance with this section and that directly or	2961
indirectly identifies an inmate or former inmate whose	2962
hospitalization has been sought under this section is	2963
confidential. No person shall disclose the contents of any	2964
certificate, application, record, or report of that nature or any	2965
other psychiatric or medical record or report regarding a mentally	2966
ill inmate unless one of the following applies:	2967

(1) The person identified, or the person's legal guardian, if	2968
any, consents to disclosure, and the chief clinical officer or	2969
designee of mental health services of the department of	2970
rehabilitation and correction determines that disclosure is in the	2971
best interests of the person.	2972

(2) Disclosure is required by a court order signed by a	2973
judge.	2974

(3) An inmate patient seeks access to the inmate patient's	2975
own psychiatric and medical records, unless access is specifically	2976
restricted in the treatment plan for clear treatment reasons.	2977

(4) Hospitals and other institutions and facilities within	2978
the department of rehabilitation and correction may exchange	2979
psychiatric records and other pertinent information with other	2980
hospitals, institutions, and facilities of the department, but the	2981
information that may be released about an inmate patient is	2982
limited to medication history, physical health status and history,	2983
summary of course of treatment in the hospital, summary of	2984
treatment needs, and a discharge summary, if any.	2985

(5) An inmate patient's family member who is involved in	2986
planning, providing, and monitoring services to the inmate patient	2987
may receive medication information, a summary of the inmate	2988
patient's diagnosis and prognosis, and a list of the services and	2989
personnel available to assist the inmate patient and family if the	2990
attending physician determines that disclosure would be in the	2991
best interest of the inmate patient. No disclosure shall be made	2992
under this division unless the inmate patient is notified of the	2993
possible disclosure, receives the information to be disclosed, and	2994
does not object to the disclosure.	2995

(6) The department of rehabilitation and correction may	2996
exchange psychiatric hospitalization records, other mental health	2997
treatment records, and other pertinent information with county	2998
sheriffs' offices, hospitals, institutions, and facilities of the	2999
department of mental health and addiction services and with	3000
community mental health services providers and boards of alcohol,	3001
drug addiction, and mental health services with which the	3002
department of mental health and addiction services has a current	3003
agreement for patient care or services to ensure continuity of	3004
care. Disclosure under this division is limited to records	3005
regarding a mentally ill inmate's medication history, physical	3006
health status and history, summary of course of treatment, summary	3007
of treatment needs, and a discharge summary, if any. No office,	3008
department, agency, provider, or board shall disclose the records	3009
and other information unless one of the following applies:	3010

(a) The mentally ill inmate is notified of the possible	3011
disclosure and consents to the disclosure.	3012

(b) The mentally ill inmate is notified of the possible	3013
disclosure, an attempt to gain the consent of the inmate is made,	3014
and the office, department, agency, or board documents the attempt	3015
to gain consent, the inmate's objections, if any, and the reasons	3016
for disclosure in spite of the inmate's objections.	3017

(7) Information may be disclosed to staff members designated	3018
by the director of rehabilitation and correction for the purpose	3019
of evaluating the quality, effectiveness, and efficiency of	3020
services and determining if the services meet minimum standards.	3021

The name of an inmate patient shall not be retained with the	3022
information obtained during the evaluations.	3023

(L) The director of rehabilitation and correction may adopt	3024
rules setting forth guidelines for the procedures required under	3025
divisions (B), (C)(1), and (C)(2) of this section.	3026

Sec. 5122.01. As used in this chapter and Chapter 5119. of	3027
the Revised Code:	3028

(A) "Mental illness" means a substantial disorder of thought,	3029
mood, perception, orientation, or memory that grossly impairs	3030
judgment, behavior, capacity to recognize reality, or ability to	3031
meet the ordinary demands of life.	3032

(B) "Mentally ill person subject to ~~hospitalization by~~ court	3033
order" means a mentally ill person who, because of the person's	3034
illness:	3035

(1) Represents a substantial risk of physical harm to self as	3036
manifested by evidence of threats of, or attempts at, suicide or	3037
serious self-inflicted bodily harm;	3038

(2) Represents a substantial risk of physical harm to others	3039
as manifested by evidence of recent homicidal or other violent	3040
behavior, evidence of recent threats that place another in	3041
reasonable fear of violent behavior and serious physical harm, or	3042
other evidence of present dangerousness;	3043

(3) Represents a substantial and immediate risk of serious	3044
physical impairment or injury to self as manifested by evidence	3045
that the person is unable to provide for and is not providing for	3046
the person's basic physical needs because of the person's mental	3047
illness and that appropriate provision for those needs cannot be	3048
made immediately available in the community; or	3049

(4) Would benefit from treatment ~~in a hospital~~ for the	3050
person's mental illness and is in need of such treatment as	3051
manifested by evidence of behavior that creates a grave and	3052
imminent risk to substantial rights of others or the person;	3053

(5)(a) Would benefit from treatment as manifested by evidence	3054
of behavior that indicates all of the following:	3055

(i) The person is unlikely to survive safely in the community	3056
without supervision, based on a clinical determination.	3057

(ii) The person has a history of lack of compliance with	3058
treatment for mental illness and one of the following applies:	3059

(I) At least twice within the thirty-six months prior to the	3060
filing of an affidavit seeking court-ordered treatment of the	3061
person under section 5122.111 of the Revised Code, the lack of	3062
compliance has been a significant factor in necessitating	3063
hospitalization in a hospital or receipt of services in a forensic	3064
or other mental health unit of a correctional facility, provided	3065
that the thirty-six-month period shall be extended by the length	3066
of any hospitalization or incarceration of the person that	3067
occurred within the thirty-six-month period.	3068

(II) Within the forty-eight months prior to the filing of an	3069
affidavit seeking court-ordered treatment of the person under	3070
section 5122.111 of the Revised Code, the lack of compliance	3071
resulted in one or more acts of serious violent behavior toward	3072
self or others or threats of, or attempts at, serious physical	3073
harm to self or others, provided that the forty-eight-month period	3074
shall be extended by the length of any hospitalization or	3075
incarceration of the person that occurred within the	3076
forty-eight-month period.	3077

(iii) The person, as a result of the person's mental illness,	3078
is unlikely to voluntarily participate in necessary treatment.	3079

(iv) In view of the person's treatment history and current	3080
behavior, the person is in need of treatment in order to prevent a	3081
relapse or deterioration that would be likely to result in	3082
substantial risk of serious harm to the person or others.	3083

(b) An individual who meets only the criteria described in	3084
division (B)(5)(a) of this section is not subject to	3085
hospitalization.	3086

(C)(1) "Patient" means, subject to division (C)(2) of this	3087
section, a person who is admitted either voluntarily or	3088
involuntarily to a hospital or other place under section 2945.39,	3089
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	3090
finding of not guilty by reason of insanity or incompetence to	3091
stand trial or under this chapter, who is under observation or	3092
receiving treatment in such place.	3093

(2) "Patient" does not include a person admitted to a	3094
hospital or other place under section 2945.39, 2945.40, 2945.401,	3095
or 2945.402 of the Revised Code to the extent that the reference	3096
in this chapter to patient, or the context in which the reference	3097
occurs, is in conflict with any provision of sections 2945.37 to	3098
2945.402 of the Revised Code.	3099

(D) "Licensed physician" means a person licensed under the	3100
laws of this state to practice medicine or a medical officer of	3101
the government of the United States while in this state in the	3102
performance of the person's official duties.	3103

(E) "Psychiatrist" means a licensed physician who has	3104
satisfactorily completed a residency training program in	3105
psychiatry, as approved by the residency review committee of the	3106
American medical association, the committee on post-graduate	3107
education of the American osteopathic association, or the American	3108
osteopathic board of neurology and psychiatry, or who on July 1,	3109
1989, has been recognized as a psychiatrist by the Ohio state	3110
medical association or the Ohio osteopathic association on the	3111
basis of formal training and five or more years of medical	3112
practice limited to psychiatry.	3113

(F) "Hospital" means a hospital or inpatient unit licensed by	3114
the department of mental health and addiction services under	3115
section 5119.33 of the Revised Code, and any institution,	3116
hospital, or other place established, controlled, or supervised by	3117
the department under Chapter 5119. of the Revised Code.	3118

(G) "Public hospital" means a facility that is tax-supported	3119
and under the jurisdiction of the department of mental health and	3120
addiction services.	3121

(H) "Community mental health services provider" means an	3122
agency, association, corporation, individual, or program that	3123
provides community mental health services that are certified by	3124
the director of mental health and addiction services under section	3125
5119.36 of the Revised Code.	3126

(I) "Licensed clinical psychologist" means a person who holds	3127
a current valid psychologist license issued under section 4732.12	3128
or 4732.15 of the Revised Code, and in addition, meets either of	3129
the following criteria:	3130

(1) Meets the educational requirements set forth in division	3131
(B) of section 4732.10 of the Revised Code and has a minimum of	3132
two years' full-time professional experience, or the equivalent as	3133
determined by rule of the state board of psychology, at least one	3134
year of which shall be a predoctoral internship, in clinical	3135
psychological work in a public or private hospital or clinic or in	3136
private practice, diagnosing and treating problems of mental	3137
illness or mental retardation under the supervision of a	3138
psychologist who is licensed or who holds a diploma issued by the	3139
American board of professional psychology, or whose qualifications	3140
are substantially similar to those required for licensure by the	3141
state board of psychology when the supervision has occurred prior	3142
to enactment of laws governing the practice of psychology;	3143

(2) Meets the educational requirements set forth in division	3144
(B) of section 4732.15 of the Revised Code and has a minimum of	3145
four years' full-time professional experience, or the equivalent	3146
as determined by rule of the state board of psychology, in	3147
clinical psychological work in a public or private hospital or	3148
clinic or in private practice, diagnosing and treating problems of	3149
mental illness or mental retardation under supervision, as set	3150
forth in division (I)(1) of this section.	3151

(J) "Health officer" means any public health physician;	3152
public health nurse; or other person authorized by or designated	3153
by a city health district; a general health district; or a board	3154
of alcohol, drug addiction, and mental health services to perform	3155
the duties of a health officer under this chapter.	3156

(K) "Chief clinical officer" means the medical director of a	3157
hospital, or a community mental health services provider, or a	3158
board of alcohol, drug addiction, and mental health services, or,	3159
if there is no medical director, the licensed physician	3160
responsible for the treatment a hospital or community mental	3161
health services provider provides. The chief clinical officer may	3162
delegate to the attending physician responsible for a patient's	3163
care the duties imposed on the chief clinical officer by this	3164
chapter. Within a community mental health services provider, the	3165
chief clinical officer shall be designated by the governing body	3166
of the services provider and shall be a licensed physician or	3167
licensed clinical psychologist who supervises diagnostic and	3168
treatment services. A licensed physician or licensed clinical	3169
psychologist designated by the chief clinical officer may perform	3170
the duties and accept the responsibilities of the chief clinical	3171
officer in the chief clinical officer's absence.	3172

(L) "Working day" or "court day" means Monday, Tuesday,	3173
Wednesday, Thursday, and Friday, except when such day is a	3174
holiday.	3175

(M) "Indigent" means unable without deprivation of	3176
satisfaction of basic needs to provide for the payment of an	3177
attorney and other necessary expenses of legal representation,	3178
including expert testimony.	3179

(N) "Respondent" means the person whose detention,	3180
commitment, hospitalization, continued hospitalization or	3181
commitment, or discharge is being sought in any proceeding under	3182
this chapter.	3183

(O) "Ohio protection and advocacy system" has the same	3184
meaning as in section 5123.60 of the Revised Code.	3185

(P) "Independent expert evaluation" means an evaluation	3186
conducted by a licensed clinical psychologist, psychiatrist, or	3187
licensed physician who has been selected by the respondent or the	3188
respondent's counsel and who consents to conducting the	3189
evaluation.	3190

(Q) "Court" means the probate division of the court of common	3191
pleas.	3192

(R) "Expunge" means:

3193

(1) The removal and destruction of court files and records,	3194
originals and copies, and the deletion of all index references;	3195

(2) The reporting to the person of the nature and extent of	3196
any information about the person transmitted to any other person	3197
by the court;	3198

(3) Otherwise insuring that any examination of court files	3199
and records in question shall show no record whatever with respect	3200
to the person;	3201

(4) That all rights and privileges are restored, and that the	3202
person, the court, and any other person may properly reply that no	3203
such record exists, as to any matter expunged.	3204

(S) "Residence" means a person's physical presence in a	3205
county with intent to remain there, except that:	3206

(1) If a person is receiving a mental health service at a	3207
facility that includes nighttime sleeping accommodations,	3208
residence means that county in which the person maintained the	3209
person's primary place of residence at the time the person entered	3210
the facility;	3211

(2) If a person is committed pursuant to section 2945.38,	3212
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	3213
residence means the county where the criminal charges were filed.	3214

When the residence of a person is disputed, the matter of	3215
residence shall be referred to the department of mental health and	3216
addiction services for investigation and determination. Residence	3217
shall not be a basis for a board's denying services to any person	3218
present in the board's service district, and the board shall	3219
provide services for a person whose residence is in dispute while	3220
residence is being determined and for a person in an emergency	3221
situation.	3222

(T) "Admission" to a hospital or other place means that a	3223
patient is accepted for and stays at least one night at the	3224
hospital or other place.	3225

(U) "Prosecutor" means the prosecuting attorney, village	3226
solicitor, city director of law, or similar chief legal officer	3227
who prosecuted a criminal case in which a person was found not	3228
guilty by reason of insanity, who would have had the authority to	3229
prosecute a criminal case against a person if the person had not	3230
been found incompetent to stand trial, or who prosecuted a case in	3231
which a person was found guilty.	3232

(V)(1) "Treatment plan" means a written statement of	3233
reasonable objectives and goals for an individual established by	3234
the treatment team, with specific criteria to evaluate progress	3235
towards achieving those objectives. ~~The~~	3236

(2) The active participation of the patient in establishing	3237
the objectives and goals shall be documented. The treatment plan	3238
shall be based on patient needs and include services to be	3239
provided to the patient while the patient is hospitalized ~~and~~,	3240
after the patient is discharged, or in an outpatient setting. The	3241
treatment plan shall address services to be provided ~~upon~~	3242
~~discharge, including~~. In the establishment of the treatment plan,	3243
consideration should be given to the availability of services,	3244
which may include but are not limited to ~~housing, financial, and~~	3245
~~vocational services~~all of the following:	3246

(a) Community psychiatric supportive treatment;

3247

(b) Assertive community treatment;

3248

3249

(d) Individual or group therapy;

3250

(e) Peer support services;

3251

(f) Financial services;

3252

(g) Housing or supervised living services;

3253

(h) Alcohol or substance abuse treatment;

3254

(i) Any other services prescribed to treat the patient's	3255
mental illness and to either assist the patient in living and	3256
functioning in the community or to help prevent a relapse or a	3257
deterioration of the patient's current condition.	3258

(3) If the person subject to the treatment plan has executed	3259
an advanced directive for mental health treatment, the treatment	3260
team shall consider any directions included in such advanced	3261
directive in developing the treatment plan.	3262

(W) "Community control sanction" has the same meaning as in	3263
section 2929.01 of the Revised Code.	3264

(X) "Post-release control sanction" has the same meaning as	3265
in section 2967.01 of the Revised Code.	3266

(Y) "Local correctional facility" has the same meaning as in	3267
section 2903.13 of the Revised Code.	3268

Sec. 5122.03. A patient admitted under section 5122.02 of	3269
the Revised Code who requests release in writing, or whose release	3270
is requested in writing by the patient's counsel, legal guardian,	3271
parent, spouse, or adult next of kin shall be released forthwith,	3272
except that when:	3273

(A) The patient was admitted on the patient's own application	3274
and the request for release is made by a person other than the	3275
patient, release may be conditional upon the agreement of the	3276
patient; or	3277

(B) The chief clinical officer of the hospital, within three	3278
court days from the receipt of the request for release, files or	3279
causes to be filed with the court of the county where the patient	3280
is hospitalized or of the county where the patient is a resident,	3281
an affidavit under section 5122.11 of the Revised Code. Release	3282
may be postponed until the hearing held under section 5122.141 of	3283
the Revised Code. A telephone communication within three court	3284
days from the receipt of the request for release from the chief	3285
clinical officer to the court, indicating that the required	3286
affidavit has been mailed, is sufficient compliance with the time	3287
limit for filing such affidavit.	3288

Unless the patient is released within three days from the	3289
receipt of the request by the chief clinical officer, the request	3290
shall serve as a request for an initial hearing under section	3291
5122.141 of the Revised Code. If the court finds that the patient	3292
is a mentally ill person subject to ~~hospitalization by~~ court	3293
order, all provisions of this chapter with respect to involuntary	3294
hospitalization apply to such person.	3295

Judicial proceedings for hospitalization shall not be	3296
commenced with respect to a voluntary patient except pursuant to	3297
this section.	3298

Sections 5121.30 to 5121.56 of the Revised Code apply to	3299
persons received in a hospital operated by the department of	3300
mental health and addiction services on a voluntary application.	3301

The chief clinical officer of the hospital shall provide	3302
reasonable means and arrangements for informing patients of their	3303
rights to release as provided in this section and for assisting	3304
them in making and presenting requests for release or for a	3305
hearing under section 5122.141 of the Revised Code.	3306

Before a patient is released from a public hospital, the	3307
chief clinical officer shall, when possible, notify the board of	3308
the patient's county of residence of the patient's pending release	3309
after the chief clinical officer has informed the patient that the	3310
board will be so notified.	3311

Sec. 5122.05. (A) The chief clinical officer of a hospital	3312
may, and the chief clinical officer of a public hospital in all	3313
cases of psychiatric medical emergencies, shall receive for	3314
observation, diagnosis, care, and treatment any person whose	3315
admission is applied for under any of the following procedures:	3316

(1) Emergency procedure, as provided in section 5122.10 of	3317
the Revised Code;	3318

(2) Judicial procedure as provided in sections 2945.38,	3319
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of	3320
the Revised Code.	3321

Upon application for such admission, the chief clinical	3322
officer of a hospital immediately shall notify the board of the	3323
patient's county of residence. To assist the hospital in	3324
determining whether the patient is subject to involuntary	3325
hospitalization and whether alternative services are available,	3326
the board or an agency the board designates promptly shall assess	3327
the patient unless the board or agency already has performed such	3328
assessment, or unless the commitment is pursuant to section	3329
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3330
Code.	3331

(B) No person who is being treated by spiritual means through	3332
prayer alone, in accordance with a recognized religious method of	3333
healing, may be involuntarily committed unless the court has	3334
determined that the person represents a substantial risk of	3335
impairment or injury to self or others;	3336

(C) Any person who is involuntarily detained in a hospital or	3337
otherwise is in custody under this chapter, immediately upon being	3338
taken into custody, shall be informed and provided with a written	3339
statement that the person may do any of the following:	3340

(1) Immediately make a reasonable number of telephone calls	3341
or use other reasonable means to contact an attorney, a licensed	3342
physician, or a licensed clinical psychologist, to contact any	3343
other person or persons to secure representation by counsel, or to	3344
obtain medical or psychological assistance, and be provided	3345
assistance in making calls if the assistance is needed and	3346
requested;	3347

(2) Retain counsel and have independent expert evaluation of	3348
the person's mental condition and, if the person is unable to	3349
obtain an attorney or independent expert evaluation, be	3350
represented by court-appointed counsel or have independent expert	3351
evaluation of the person's mental condition, or both, at public	3352
expense if the person is indigent;	3353

(3) Have a hearing to determine whether or not the person is	3354
a mentally ill person subject to ~~hospitalization by~~ court order.	3355

Sec. 5122.10. Any psychiatrist, licensed clinical	3356
psychologist, licensed physician, health officer, parole officer,	3357
police officer, or sheriff may take a person into custody, or the	3358
chief of the adult parole authority or a parole or probation	3359
officer with the approval of the chief of the authority may take a	3360
parolee, an offender under a community control sanction or a	3361
post-release control sanction, or an offender under transitional	3362
control into custody and may immediately transport the parolee,	3363
offender on community control or post-release control, or offender	3364
under transitional control to a hospital or, notwithstanding	3365
section 5119.33 of the Revised Code, to a general hospital not	3366
licensed by the department of mental health and addiction services	3367
where the parolee, offender on community control or post-release	3368
control, or offender under transitional control may be held for	3369
the period prescribed in this section, if the psychiatrist,	3370
licensed clinical psychologist, licensed physician, health	3371
officer, parole officer, police officer, or sheriff has reason to	3372
believe that the person is a mentally ill person subject to	3373
~~hospitalization by~~ court order under division (B) of section	3374
5122.01 of the Revised Code, and represents a substantial risk of	3375
physical harm to self or others if allowed to remain at liberty	3376
pending examination.	3377

A written statement shall be given to such hospital by the	3378
transporting psychiatrist, licensed clinical psychologist,	3379
licensed physician, health officer, parole officer, police	3380
officer, chief of the adult parole authority, parole or probation	3381
officer, or sheriff stating the circumstances under which such	3382
person was taken into custody and the reasons for the	3383
psychiatrist's, licensed clinical psychologist's, licensed	3384
physician's, health officer's, parole officer's, police officer's,	3385
chief of the adult parole authority's, parole or probation	3386
officer's, or sheriff's belief. This statement shall be made	3387
available to the respondent or the respondent's attorney upon	3388
request of either.	3389

Every reasonable and appropriate effort shall be made to take	3390
persons into custody in the least conspicuous manner possible. A	3391
person taking the respondent into custody pursuant to this section	3392
shall explain to the respondent: the name and professional	3393
designation and affiliation of the person taking the respondent	3394
into custody; that the custody-taking is not a criminal arrest;	3395
and that the person is being taken for examination by mental	3396
health professionals at a specified mental health facility	3397
identified by name.	3398

If a person taken into custody under this section is	3399
transported to a general hospital, the general hospital may admit	3400
the person, or provide care and treatment for the person, or both,	3401
notwithstanding section 5119.33 of the Revised Code, but by the	3402
end of twenty-four hours after arrival at the general hospital,	3403
the person shall be transferred to a hospital as defined in	3404
section 5122.01 of the Revised Code.	3405

A person transported or transferred to a hospital or	3406
community mental health services provider under this section shall	3407
be examined by the staff of the hospital or services provider	3408
within twenty-four hours after arrival at the hospital or services	3409
provider. If to conduct the examination requires that the person	3410
remain overnight, the hospital or services provider shall admit	3411
the person in an unclassified status until making a disposition	3412
under this section. After the examination, if the chief clinical	3413
officer of the hospital or services provider believes that the	3414
person is not a mentally ill person subject to ~~hospitalization by~~	3415
court order, the chief clinical officer shall release or discharge	3416
the person immediately unless a court has issued a temporary order	3417
of detention applicable to the person under section 5122.11 of the	3418
Revised Code. After the examination, if the chief clinical officer	3419
believes that the person is a mentally ill person subject to	3420
~~hospitalization by~~ court order, the chief clinical officer may	3421
detain the person for not more than three court days following the	3422
day of the examination and during such period admit the person as	3423
a voluntary patient under section 5122.02 of the Revised Code or	3424
file an affidavit under section 5122.11 of the Revised Code. If	3425
neither action is taken and a court has not otherwise issued a	3426
temporary order of detention applicable to the person under	3427
section 5122.11 of the Revised Code, the chief clinical officer	3428
shall discharge the person at the end of the three-day period	3429
unless the person has been sentenced to the department of	3430
rehabilitation and correction and has not been released from the	3431
person's sentence, in which case the person shall be returned to	3432
that department.	3433

Sec. 5122.11. Proceedings for ~~the hospitalization of~~ a	3434
mentally ill person subject to court order pursuant to sections	3435
5122.11 to 5122.15 of the Revised Code shall be commenced by the	3436
filing of an affidavit in the manner ~~and form~~ prescribed by the	3437
department of mental health and addiction services and in a form	3438
prescribed in section 5122.111 of the Revised Code, by any person	3439
or persons with the probate court, either on reliable information	3440
or actual knowledge, whichever is determined to be proper by the	3441
court. This section does not apply to the hospitalization of a	3442
person pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402	3443
of the Revised Code.	3444

The affidavit shall contain an allegation setting forth the	3445
specific category or categories under division (B) of section	3446
5122.01 of the Revised Code upon which the jurisdiction of the	3447
court is based and a statement of alleged facts sufficient to	3448
indicate probable cause to believe that the person is a mentally	3449
ill person subject to ~~hospitalization by~~ court order. The	3450
affidavit may be accompanied, or the court may require that the	3451
affidavit be accompanied, by a certificate of a psychiatrist, or a	3452
certificate signed by a licensed clinical psychologist and a	3453
certificate signed by a licensed physician stating that the person	3454
who issued the certificate has examined the person and is of the	3455
opinion that the person is a mentally ill person subject to	3456
~~hospitalization by~~ court order, or shall be accompanied by a	3457
written statement by the applicant, under oath, that the person	3458
has refused to submit to an examination by a psychiatrist, or by a	3459
licensed clinical psychologist and licensed physician.	3460

Upon receipt of the affidavit, if a judge of the court or a	3461
referee who is an attorney at law appointed by the court has	3462
probable cause to believe that the person named in the affidavit	3463
is a mentally ill person subject to ~~hospitalization by~~ court	3464
order, the judge or referee may issue a temporary order of	3465
detention ordering any health or police officer or sheriff to take	3466
into custody and transport the person to a hospital or other place	3467
designated in section 5122.17 of the Revised Code, or may set the	3468
matter for further hearing. If a temporary order of detention is	3469
issued and the person is transported to a hospital or other	3470
designated place, the court that issued the order shall retain	3471
jurisdiction over the case as it relates to the person's	3472
outpatient treatment, notwithstanding that the hospital or other	3473
designated place to which the person is transported is outside the	3474
territorial jurisdiction of the court.	3475

The person may be observed and treated until the hearing	3476
provided for in section 5122.141 of the Revised Code. If no such	3477
hearing is held, the person may be observed and treated until the	3478
hearing provided for in section 5122.15 of the Revised Code.	3479

Sec. 5122.111. To initiate proceedings for court-ordered	3480
treatment of a person under section 5122.11 of the Revised Code, a	3481
person or persons shall file an affidavit with the probate court	3482
that is identical in form and content to the following:	3483

AFFIDAVIT OF MENTAL ILLNESS

3484

		3485
The State of Ohio		3486
..................... County,	ss.	3487
..................... Court		3488

.................................................................			3489
the undersigned, residing at			3490
.................................................................			3491
says, that he/she has information to believe or has actual knowledge that			3492
.................................................................			3493

(Please specify specific category(ies) below with an X.)	3494

[ ] Represents a substantial risk of physical harm to self as	3495
manifested by evidence of threats of, or attempts at, suicide or	3496
serious self-inflicted bodily harm;	3497

[ ] Represents a substantial risk of physical harm to others as	3498
manifested by evidence of recent homicidal or other violent	3499
behavior or evidence of recent threats that place another in	3500
reasonable fear of violent behavior and serious physical harm or	3501
other evidence of present dangerousness;	3502

[ ] Represents a substantial and immediate risk of serious	3503
physical impairment or injury to self as manifested by evidence of	3504
being unable to provide for and of not providing for basic	3505
physical needs because of mental illness and that appropriate	3506
provision for such needs cannot be made immediately available in	3507
the community;	3508

[ ] Would benefit from treatment for mental illness and is in need	3509
of such treatment as manifested by evidence of behavior that	3510
creates a grave and imminent risk to substantial rights of others	3511
or the person; or	3512

[ ] Would benefit from treatment as manifested by evidence of	3513
behavior that indicates all of the following:	3514

(a) The person is unlikely to survive safely in the community	3515
without supervision, based on a clinical determination.	3516

(b) The person has a history of lack of compliance with treatment	3517
for mental illness and one of the following applies:	3518

(i) At least twice within the thirty-six months prior to the	3519
filing of an affidavit seeking court-ordered treatment of the	3520
person under section 5122.111 of the Revised Code, the lack of	3521
compliance has been a significant factor in necessitating	3522
hospitalization in a hospital or receipt of services in a forensic	3523
or other mental health unit of a correctional facility, provided	3524
that the thirty-six-month period shall be extended by the length	3525
of any hospitalization or incarceration of the person that	3526
occurred within the thirty-six-month period.	3527

(ii) Within the forty-eight months prior to the filing of an	3528
affidavit seeking court-ordered treatment of the person under	3529
section 5122.111 of the Revised Code, the lack of compliance	3530
resulted in one or more acts of serious violent behavior toward	3531
self or others or threats of, or attempts at, serious physical	3532
harm to self or others, provided that the forty-eight-month period	3533
shall be extended by the length of any hospitalization or	3534
incarceration of the person that occurred within the	3535
forty-eight-month period.	3536

(c) The person, as a result of mental illness, is unlikely to	3537
voluntarily participate in necessary treatment.	3538

(d) In view of the person's treatment history and current	3539
behavior, the person is in need of treatment in order to prevent a	3540
relapse or deterioration that would be likely to result in	3541
substantial risk of serious harm to the person or others.	3542

.................................................................			3543
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows:			3544
.................................................................			3545
.................................................................			3546
.................................................................			3547
.................................................................			3548
.................................................................			3549
.................................................................			3550
These facts being sufficient to indicate probable cause that the			3551
above said person is a mentally ill person subject to			3552
court order.			3553

Name of Patient's Last Physician or Licensed Clinical Psychologist			3554
.................................................................			3555
Address of Patient's Last Physician or Licensed Clinical Psychologist			3556
.................................................................			3557
.................................................................			3558

The name and address of respondent's legal guardian, spouse, and	3559
adult next of kin are:	3560

Name	Kinship	Address	3561
			3562
	Legal Guardian		3563
			3564
			3565
	Spouse		3566
			3567
			3568
	Adult Next of Kin		3569
			3570
			3571
	Adult Next of Kin		3572
			3573

The following constitutes additional information that may be			3574
necessary for the purpose of determining residence:			3575
.................................................................			3576
.................................................................			3577
.................................................................			3578
.................................................................			3579
.................................................................			3580

Dated this ............. day of ..............., 20...	3581

			3582
	Signature of the party filing the affidavit		3583

Sworn to before me and signed in my presence on the day and year	3584
above dated.	3585

			3586
	Signature of Probate Judge		3587

			3588
	Signature of Deputy Clerk		3589

WAIVER	3590

I, the undersigned party filing the affidavit hereby waive the	3591
issuing and service of notice of the hearing on said affidavit,	3592
and voluntarily enter my appearance herein.	3593

Dated this ............. day of ..............., 20...	3594

			3595
	Signature of the party filing the affidavit		3596

Sec. 5122.13. Upon receipt of the affidavit required by	3598
section 5122.11 of the Revised Code, the probate court shall refer	3599
the affidavit to the board of alcohol, drug addiction, and mental	3600
health services or community mental health services provider the	3601
board designates to assist the court in determining whether the	3602
respondent is subject to ~~hospitalization~~court-ordered treatment	3603
and whether ~~alternative services~~alternatives to hospitalization	3604
are available, unless the services provider or board has already	3605
performed such screening. The board or services provider shall	3606
review the allegations of the affidavit and other information	3607
relating to whether or not the person named in the affidavit or	3608
statement is a mentally ill person subject to ~~hospitalization by~~	3609
court order, and the availability of appropriate treatment	3610
alternatives.	3611

The person who conducts the investigation shall promptly make	3612
a report to the court, in writing, in open court or in chambers,	3613
as directed by the court and a full record of the report shall be	3614
made by the court. The report is not admissible as evidence for	3615
the purpose of establishing whether or not the respondent is a	3616
mentally ill person subject to ~~hospitalization by~~ court order, but	3617
shall be considered by the court in its determination of an	3618
appropriate placement for any person after that person is found to	3619
be a mentally ill person subject to ~~hospitalization~~court order.	3620

The court, prior to the hearing under section 5122.141 of the	3621
Revised Code, shall release a copy of the investigative report to	3622
the respondent's counsel.	3623

Nothing in this section precludes a judge or referee from	3624
issuing a temporary order of detention pursuant to section 5122.11	3625
of the Revised Code.	3626

Sec. 5122.141. (A) A respondent who is involuntarily placed	3627
in a hospital or other place as designated in section 5122.10 or	3628
5122.17 of the Revised Code, or with respect to whom proceedings	3629
have been instituted under section 5122.11 of the Revised Code,	3630
shall be afforded a hearing to determine whether or not the	3631
respondent is a mentally ill person subject to ~~hospitalization by~~	3632
court order. The hearing shall be conducted pursuant to section	3633
5122.15 of the Revised Code.	3634

(B) The hearing shall be conducted within five court days	3635
from the day on which the respondent is detained or an affidavit	3636
is filed, whichever occurs first, in a physical setting not likely	3637
to have a harmful effect on the respondent, and may be conducted	3638
in a hospital in or out of the county. On the motion of the	3639
respondent, ~~his~~the respondent's counsel, the chief clinical	3640
officer, or on its own motion, and for good cause shown, the court	3641
may order a continuance of the hearing. The continuance may be for	3642
no more than ten days from the day on which the respondent is	3643
detained or on which an affidavit is filed, whichever occurs	3644
first. Failure to conduct the hearing within this time shall	3645
effect an immediate discharge of the respondent. If the	3646
proceedings are not reinstituted within thirty days, all records	3647
of the proceedings shall be expunged.	3648

(C) If the court does not find that the respondent is a	3649
mentally ill person subject to ~~hospitalization by~~ court order, it	3650
shall order ~~his~~the respondent's immediate discharge, and shall	3651
expunge all record of the proceedings during this period.	3652

(D) If the court finds that the respondent is a mentally ill	3653
person subject to ~~hospitalization by~~ court order, the court may	3654
issue an interim order of detention ordering any health or police	3655
officer or sheriff to take into custody and transport such person	3656
to a hospital or other place designated in section 5122.17 of the	3657
Revised Code, where the respondent may be observed and treated.	3658

(E) A respondent or ~~his~~a respondent's counsel, after	3659
obtaining the consent of the respondent, may waive the hearing	3660
provided for in this section. In such case, unless the person has	3661
been discharged, a mandatory full hearing shall be held by the	3662
thirtieth day after the original involuntary detention of the	3663
respondent. Failure to conduct the mandatory full hearing within	3664
this time limit shall result in the immediate discharge of the	3665
respondent.	3666

(F) Where possible, the initial hearing shall be held before	3667
the respondent is taken into custody.	3668

Sec. 5122.15. (A) Full hearings shall be conducted in a	3669
manner consistent with this chapter and with due process of law.	3670
The hearings shall be conducted by a judge of the probate court or	3671
a referee designated by a judge of the probate court and may be	3672
conducted in or out of the county in which the respondent is held.	3673
Any referee designated under this division shall be an attorney.	3674

(1) With the consent of the respondent, the following shall	3675
be made available to counsel for the respondent:	3676

(a) All relevant documents, information, and evidence in the	3677
custody or control of the state or prosecutor;	3678

(b) All relevant documents, information, and evidence in the	3679
custody or control of the hospital in which the respondent	3680
currently is held, or in which the respondent has been held	3681
pursuant to this chapter;	3682

(c) All relevant documents, information, and evidence in the	3683
custody or control of any hospital, facility, or person not	3684
included in division (A)(1)(a) or (b) of this section.	3685

(2) The respondent has the right to attend the hearing and to	3686
be represented by counsel of the respondent's choice. The right to	3687
attend the hearing may be waived only by the respondent or counsel	3688
for the respondent after consultation with the respondent.	3689

(3) If the respondent is not represented by counsel, is	3690
absent from the hearing, and has not validly waived the right to	3691
counsel, the court shall appoint counsel immediately to represent	3692
the respondent at the hearing, reserving the right to tax costs of	3693
appointed counsel to the respondent, unless it is shown that the	3694
respondent is indigent. If the court appoints counsel, or if the	3695
court determines that the evidence relevant to the respondent's	3696
absence does not justify the absence, the court shall continue the	3697
case.	3698

(4) The respondent shall be informed that the respondent may	3699
retain counsel and have independent expert evaluation. If the	3700
respondent is unable to obtain an attorney, the respondent shall	3701
be represented by court-appointed counsel. If the respondent is	3702
indigent, court-appointed counsel and independent expert	3703
evaluation shall be provided as an expense under section 5122.43	3704
of the Revised Code.	3705

(5) The hearing shall be closed to the public, unless counsel	3706
for the respondent, with the permission of the respondent,	3707
requests that the hearing be open to the public.	3708

(6) If the hearing is closed to the public, the court, for	3709
good cause shown, may admit persons who have a legitimate interest	3710
in the proceedings. If the respondent, the respondent's counsel,	3711
or the designee of the director or of the chief clinical officer	3712
objects to the admission of any person, the court shall hear the	3713
objection and any opposing argument and shall rule upon the	3714
admission of the person to the hearing.	3715

(7) The affiant under section 5122.11 of the Revised Code	3716
shall be subject to subpoena by either party.	3717

(8) The court shall examine the sufficiency of all documents	3718
filed and shall inform the respondent, if present, and the	3719
respondent's counsel of the nature and content of the documents	3720
and the reason for which the respondent is being detained, or for	3721
which the respondent's placement is being sought.	3722

(9) The court shall receive only reliable, competent, and	3723
material evidence.	3724

(10) Unless proceedings are initiated pursuant to section	3725
5120.17 or 5139.08 of the Revised Code, an attorney that the board	3726
designates shall present the case demonstrating that the	3727
respondent is a mentally ill person subject to ~~hospitalization by~~	3728
court order. The attorney shall offer evidence of the diagnosis,	3729
prognosis, record of treatment, if any, and less restrictive	3730
treatment plans, if any. In proceedings pursuant to section	3731
5120.17 or 5139.08 of the Revised Code, the attorney general shall	3732
designate an attorney who shall present the case demonstrating	3733
that the respondent is a mentally ill person subject to	3734
~~hospitalization by~~ court order. The attorney shall offer evidence	3735
of the diagnosis, prognosis, record of treatment, if any, and less	3736
restrictive treatment plans, if any.	3737

(11) The respondent or the respondent's counsel has the right	3738
to subpoena witnesses and documents and to examine and	3739
cross-examine witnesses.	3740

(12) The respondent has the right, but shall not be	3741
compelled, to testify, and shall be so advised by the court.	3742

(13) On motion of the respondent or the respondent's counsel	3743
for good cause shown, or on the court's own motion, the court may	3744
order a continuance of the hearing.	3745

(14) If the respondent is represented by counsel and the	3746
respondent's counsel requests a transcript and record, or if the	3747
respondent is not represented by counsel, the court shall make and	3748
maintain a full transcript and record of the proceeding. If the	3749
respondent is indigent and the transcript and record is made, a	3750
copy shall be provided to the respondent upon request and be	3751
treated as an expense under section 5122.43 of the Revised Code.	3752

(15) To the extent not inconsistent with this chapter, the	3753
Rules of Civil Procedure are applicable.	3754

(B) Unless, upon completion of the hearing the court finds by	3755
clear and convincing evidence that the respondent is a mentally	3756
ill person subject to ~~hospitalization by~~ court order, it shall	3757
order the respondent's discharge immediately.	3758

(C) If, upon completion of the hearing, the court finds by	3759
clear and convincing evidence that the respondent is a mentally	3760
ill person subject to ~~hospitalization by~~ court order, the court	3761
shall order the respondent for a period not to exceed ninety days	3762
to any of the following:	3763

(1) A hospital operated by the department of mental health	3764
and addiction services if the respondent is committed pursuant to	3765
section 5139.08 of the Revised Code;	3766

(2) A nonpublic hospital;

3767

(3) The veterans' administration or other agency of the	3768
United States government;	3769

(4) A board of alcohol, drug addiction, and mental health	3770
services or services provider the board designates;	3771

(5) Receive private psychiatric or psychological care and	3772
treatment;	3773

(6) Any other suitable facility or person consistent with the	3774
diagnosis, prognosis, and treatment needs of the respondent. A	3775
jail or other local correctional facility is not a suitable	3776
facility.	3777

(D) Any order made pursuant to division (C)(2), (3), (5), or	3778
(6) of this section shall be conditioned upon the receipt by the	3779
court of consent by the hospital, facility, agency, or person to	3780
accept the respondent.	3781

(E) In determining the ~~place~~entity or person to which~~, or~~	3782
~~the person with whom,~~ the respondent is to be committed under	3783
division (C) of this section, the court shall consider the	3784
diagnosis, prognosis, preferences of the respondent and the	3785
projected treatment plan for the respondent and shall order the	3786
implementation of the least restrictive alternative available and	3787
consistent with treatment goals. If the court determines that the	3788
least restrictive alternative available that is consistent with	3789
treatment goals is inpatient hospitalization, the court's order	3790
shall so state.	3791

(F) During ~~such~~the ninety-day period the ~~hospital; facility;~~	3792
~~board of alcohol, drug addiction, and mental health services;~~	3793
~~services provider the board designates;~~entity or person shall	3794
examine and treat the individual. If the individual is receiving	3795
treatment in an outpatient setting, or receives treatment in an	3796
outpatient setting during a subsequent period of continued	3797
commitment under division (H) of this section, the entity or	3798
person to whom the individual is committed shall determine the	3799
appropriate outpatient treatment for the individual. If, at any	3800
time prior to the expiration of the ninety-day period, it is	3801
determined by the ~~hospital, facility, board, services provider,~~	3802
entity or person that the respondent's treatment needs could be	3803
equally well met in an available and appropriate less restrictive	3804
~~environment~~setting, both of the following apply:	3805

(1) The respondent shall be released from the care of the	3806
~~hospital, services provider, facility,~~entity or person	3807
immediately and shall be referred to the court together with a	3808
report of the findings and recommendations of the ~~hospital,~~	3809
~~services provider, facility,~~entity or person; ~~and~~	3810

(2) The ~~hospital, services provider, facility,~~entity or	3811
person shall notify the respondent's counsel or the attorney	3812
designated by a board of alcohol, drug addiction, and mental	3813
health services or, if the respondent was committed to a board or	3814
a services provider designated by the board, it shall place the	3815
respondent in the least restrictive ~~environment~~setting available	3816
consistent with treatment goals and notify the court and the	3817
respondent's counsel of the placement.	3818

The court shall dismiss the case or order placement in the	3819
least restrictive ~~environment~~setting.	3820

(G)(1) Except as provided in ~~divisions~~division (G)(2) ~~and~~	3821
~~(3)~~ of this section, any person ~~who has been committed under this~~	3822
~~section, or~~ for whom proceedings for ~~hospitalization~~treatment	3823
have been commenced pursuant to section 5122.11 of the Revised	3824
Code, may apply at any time for voluntary admission or commitment	3825
to the ~~hospital, facility, or services provider that the board~~	3826
~~designates,~~entity or person to which the person was committed.	3827
Upon admission as a voluntary patient the chief clinical officer	3828
of the ~~hospital, services provider, or other facility,~~entity or	3829
the person immediately shall notify the court, the patient's	3830
counsel, and the attorney designated by the board, if the attorney	3831
has entered the proceedings, in writing of that fact, and, upon	3832
receipt of the notice, the court shall dismiss the case.	3833

(2) A person who is found incompetent to stand trial or not	3834
guilty by reason of insanity and who is committed pursuant to	3835
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3836
Code shall not voluntarily commit the person pursuant to this	3837
section until after the final termination of the commitment, as	3838
described in division (J) of section 2945.401 of the Revised Code.	3839

(H) If, at the end of the first ninety-day period or any	3840
subsequent period of continued commitment, there has been no	3841
disposition of the case, either by discharge or voluntary	3842
admission or commitment, the ~~hospital, facility, board, services~~	3843
~~provider,~~entity or person shall discharge the patient	3844
immediately, unless at least ten days before the expiration of the	3845
period the attorney the board designates or the prosecutor files	3846
with the court an application for continued commitment. The	3847
application of the attorney or the prosecutor shall include a	3848
written report containing the diagnosis, prognosis, past	3849
treatment, a list of alternative treatment settings and plans, and	3850
identification of the treatment setting that is the least	3851
restrictive consistent with treatment needs. The attorney the	3852
board designates or the prosecutor shall file the written report	3853
at least three days prior to the full hearing. A copy of the	3854
application and written report shall be provided to the	3855
respondent's counsel immediately.	3856

The court shall hold a full hearing on applications for	3857
continued commitment at the expiration of the first ninety-day	3858
period and at least every two years after the expiration of the	3859
first ninety-day period.	3860

Hearings following any application for continued commitment	3861
are mandatory and may not be waived.	3862

Upon request of a person who is involuntarily committed under	3863
this section, or the person's counsel, that is made more than one	3864
hundred eighty days after the person's last full hearing,	3865
mandatory or requested, the court shall hold a full hearing on the	3866
person's continued commitment. Upon the application of a person	3867
involuntarily committed under this section, supported by an	3868
affidavit of a psychiatrist or licensed clinical psychologist,	3869
alleging that the person no longer is a mentally ill person	3870
subject to ~~hospitalization by~~ court order, the court for good	3871
cause shown may hold a full hearing on the person's continued	3872
commitment prior to the expiration of one hundred eighty days	3873
after the person's last full hearing. Section 5122.12 of the	3874
Revised Code applies to all hearings on continued commitment.	3875

If the court, after a hearing for continued commitment finds	3876
by clear and convincing evidence that the respondent is a mentally	3877
ill person subject to ~~hospitalization by~~ court order, the court	3878
may order continued commitment at places or to persons specified	3879
in division (C) of this section.	3880

(I) Unless the admission is pursuant to section 5120.17 or	3881
5139.08 of the Revised Code, the chief clinical officer of the	3882
~~hospital or services provider~~entity admitting a respondent	3883
pursuant to a judicial proceeding, within ten working days of the	3884
admission, shall make a report of the admission to the board of	3885
alcohol, drug addiction, and mental health services serving the	3886
respondent's county of residence.	3887

(J) A referee appointed by the court may make all orders that	3888
a judge may make under this section and sections 5122.11 and	3889
5122.141 of the Revised Code, except an order of contempt of	3890
court. The orders of a referee take effect immediately. Within	3891
fourteen days of the making of an order by a referee, a party may	3892
file written objections to the order with the court. The filed	3893
objections shall be considered a motion, shall be specific, and	3894
shall state their grounds with particularity. Within ten days of	3895
the filing of the objections, a judge of the court shall hold a	3896
hearing on the objections and may hear and consider any testimony	3897
or other evidence relating to the respondent's mental condition.	3898
At the conclusion of the hearing, the judge may ratify, rescind,	3899
or modify the referee's order.	3900

(K) An order of the court under division (C), (H), or (J) of	3901
this section is a final order.	3902

(L) Before a board, or a services provider the board	3903
designates, may place an unconsenting respondent in an inpatient	3904
setting from a less restrictive placement, the board or services	3905
provider shall do all of the following:	3906

(1) Determine that the respondent is in immediate need of	3907
treatment in an inpatient setting because the respondent	3908
represents a substantial risk of physical harm to the respondent	3909
or others if allowed to remain in a less restrictive setting;	3910

(2) On the day of placement in the inpatient setting or on	3911
the next court day, file with the court a motion for transfer to	3912
an inpatient setting or communicate to the court by telephone that	3913
the required motion has been mailed;	3914

(3) Ensure that every reasonable and appropriate effort is	3915
made to take the respondent to the inpatient setting in the least	3916
conspicuous manner possible;	3917

(4) Immediately notify the board's designated attorney and	3918
the respondent's attorney.	3919

At the respondent's request, the court shall hold a hearing	3920
on the motion and make a determination pursuant to division (E) of	3921
this section within five days of the placement.	3922

(M) Before a board, or a services provider the board	3923
designates, may move a respondent from one residential placement	3924
to another, the board or services provider shall consult with the	3925
respondent about the placement. If the respondent objects to the	3926
placement, the proposed placement and the need for it shall be	3927
reviewed by a qualified mental health professional who otherwise	3928
is not involved in the treatment of the respondent.	3929

Sec. 5122.19. Every person transported to a hospital or	3930
community mental health services provider pursuant to sections	3931
5122.11 to 5122.16 of the Revised Code, shall be examined by the	3932
staff of the hospital or services provider as soon as practicable	3933
after arrival at the hospital or services provider. Such an	3934
examination shall be held within twenty-four hours after the time	3935
of arrival, and if the chief clinical officer fails after such an	3936
examination to certify that in the chief clinical officer's	3937
opinion the person is a mentally ill person subject to	3938
~~hospitalization by~~ court order, the person shall be immediately	3939
released.	3940

Sec. 5122.21. (A) The chief clinical officer shall as	3941
frequently as practicable, and at least once every thirty days,	3942
examine or cause to be examined every patient, and, whenever the	3943
chief clinical officer determines that the conditions justifying	3944
involuntary hospitalization or commitment no longer obtain, shall	3945
discharge the patient not under indictment or conviction for crime	3946
and immediately make a report of the discharge to the department	3947
of mental health and addiction services. The chief clinical	3948
officer may discharge a patient who is under an indictment, a	3949
sentence of imprisonment, a community control sanction, or a	3950
post-release control sanction or on parole ten days after written	3951
notice of intent to discharge the patient has been given by	3952
personal service or certified mail, return receipt requested, to	3953
the court having criminal jurisdiction over the patient. Except	3954
when the patient was found not guilty by reason of insanity and	3955
the defendant's commitment is pursuant to section 2945.40 of the	3956
Revised Code, the chief clinical officer has final authority to	3957
discharge a patient who is under an indictment, a sentence of	3958
imprisonment, a community control sanction, or a post-release	3959
control sanction or on parole.	3960

(B) After a finding pursuant to section 5122.15 of the	3961
Revised Code that a person is a mentally ill person subject to	3962
~~hospitalization by~~ court order, the chief clinical officer of the	3963
hospital or community mental health services provider to which the	3964
person is ordered or to which the person is transferred under	3965
section 5122.20 of the Revised Code, may grant a discharge without	3966
the consent or authorization of any court.	3967

Upon discharge, the chief clinical officer shall notify the	3968
court that caused the judicial hospitalization of the discharge	3969
from the hospital.	3970

Sec. 5122.27. The chief clinical officer of the hospital or	3971
the chief clinical officer's designee shall assure that all	3972
patients hospitalized or committed pursuant to this chapter shall:	3973

(A) Receive, within twenty days of their admission sufficient	3974
professional care to assure that an evaluation of current status,	3975
differential diagnosis, probable prognosis, and description of the	3976
current treatment plan is stated on the official chart;	3977

(B) Have a written treatment plan consistent with the	3978
evaluation, diagnosis, prognosis, and goals which shall be	3979
provided, upon request of the patient or patient's counsel, to the	3980
patient's counsel and to any private physician or licensed	3981
clinical psychologist designated by the patient or the patient's	3982
counsel or to the Ohio protection and advocacy system;	3983

(C) Receive treatment consistent with the treatment plan. The	3984
department of mental health and addiction services shall set	3985
standards for treatment provided to such patients, consistent	3986
wherever possible with standards set by the joint commission.	3987

(D) Receive periodic reevaluations of the treatment plan by	3988
the professional staff at intervals not to exceed ninety days;	3989

(E) Be provided with adequate medical treatment for physical	3990
disease or injury;	3991

(F) Receive humane care and treatment, including without	3992
limitation, the following:	3993

(1) The least restrictive environment consistent with the	3994
treatment plan;	3995

(2) The necessary facilities and personnel required by the	3996
treatment plan;	3997

(3) A humane psychological and physical environment;

3998

(4) The right to obtain current information concerning the	3999
patient's treatment program and expectations in terms that the	4000
patient can reasonably understand;	4001

(5) Participation in programs designed to afford the patient	4002
substantial opportunity to acquire skills to facilitate return to	4003
the community or to terminate an involuntary commitment;	4004

(6) The right to be free from unnecessary or excessive	4005
medication;	4006

(7) Freedom from restraints or isolation unless it is stated	4007
in a written order by the chief clinical officer or the chief	4008
clinical officer's designee, or the patient's individual physician	4009
or psychologist in a private or general hospital.	4010

If the chief clinical officer of the hospital is unable to	4011
provide the treatment required by divisions (C), (E), and (F) of	4012
this section for any patient hospitalized pursuant to Chapter	4013
5122. of the Revised Code, the chief clinical officer shall	4014
immediately notify the patient, the court, the Ohio protection and	4015
advocacy system, the director of mental health and addiction	4016
services, and the patient's counsel and legal guardian, if known.	4017
If within ten days after receipt of such notification by the	4018
director, the director is unable to effect a transfer of the	4019
patient, pursuant to section 5122.20 of the Revised Code, to a	4020
hospital, community mental health services provider, or other	4021
medical facility where treatment is available, or has not received	4022
an order of the court to the contrary, the involuntary commitment	4023
of any patient hospitalized pursuant to Chapter 5122. of the	4024
Revised Code and defined as a mentally ill person subject to	4025
~~hospitalization by~~ court order under division (B)(4) of section	4026
5122.01 of the Revised Code shall automatically be terminated.	4027

Sec. 5122.30. Any person detained pursuant to this chapter	4028
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	4029
Code shall be entitled to the writ of habeas corpus upon proper	4030
petition by self or by a friend to any court generally empowered	4031
to issue the writ of habeas corpus in the county in which the	4032
person is detained.	4033

No person may bring a petition for a writ of habeas corpus	4034
that alleges that a person involuntarily detained pursuant to this	4035
chapter no longer is a mentally ill person subject to	4036
~~hospitalization by~~ court order unless the person shows that the	4037
release procedures of division (H) of section 5122.15 of the	4038
Revised Code are inadequate or unavailable.	4039

Sec. 5122.31. (A) All certificates, applications, records,	4040
and reports made for the purpose of this chapter and sections	4041
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	4042
Code, other than court journal entries or court docket entries,	4043
and directly or indirectly identifying a patient or former patient	4044
or person whose hospitalization or commitment has been sought	4045
under this chapter, shall be kept confidential and shall not be	4046
disclosed by any person except:	4047

(1) If the person identified, or the person's legal guardian,	4048
if any, or if the person is a minor, the person's parent or legal	4049
guardian, consents, and if the disclosure is in the best interests	4050
of the person, as may be determined by the court for judicial	4051
records and by the chief clinical officer for medical records;	4052

(2) When disclosure is provided for in this chapter or	4053
Chapters 340. or 5119. of the Revised Code or in accordance with	4054
other provisions of state or federal law authorizing such	4055
disclosure;	4056

(3) That hospitals, boards of alcohol, drug addiction, and	4057
mental health services, and community mental health services	4058
providers may release necessary medical information to insurers	4059
and other third-party payers, including government entities	4060
responsible for processing and authorizing payment, to obtain	4061
payment for goods and services furnished to the patient;	4062

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

4063

(5) That a patient shall be granted access to the patient's	4064
own psychiatric and medical records, unless access specifically is	4065
restricted in a patient's treatment plan for clear treatment	4066
reasons;	4067

(6) That hospitals and other institutions and facilities	4068
within the department of mental health and addiction services may	4069
exchange psychiatric records and other pertinent information with	4070
other hospitals, institutions, and facilities of the department,	4071
and with community mental health services providers and boards of	4072
alcohol, drug addiction, and mental health services with which the	4073
department has a current agreement for patient care or services.	4074
Records and information that may be released pursuant to this	4075
division shall be limited to medication history, physical health	4076
status and history, financial status, summary of course of	4077
treatment in the hospital, summary of treatment needs, and a	4078
discharge summary, if any.	4079

(7) That hospitals within the department and other	4080
institutions and facilities within the department may exchange	4081
psychiatric records and other pertinent information with payers	4082
and other providers of treatment and health services if the	4083
purpose of the exchange is to facilitate continuity of care for a	4084
patient or for the emergency treatment of an individual;	4085

(8) That a patient's family member who is involved in the	4086
provision, planning, and monitoring of services to the patient may	4087
receive medication information, a summary of the patient's	4088
diagnosis and prognosis, and a list of the services and personnel	4089
available to assist the patient and the patient's family, if the	4090
patient's treating physician determines that the disclosure would	4091
be in the best interests of the patient. No such disclosure shall	4092
be made unless the patient is notified first and receives the	4093
information and does not object to the disclosure.	4094

(9) That community mental health services providers may	4095
exchange psychiatric records and certain other information with	4096
the board of alcohol, drug addiction, and mental health services	4097
and other services providers in order to provide services to a	4098
person involuntarily committed to a board. Release of records	4099
under this division shall be limited to medication history,	4100
physical health status and history, financial status, summary of	4101
course of treatment, summary of treatment needs, and discharge	4102
summary, if any.	4103

(10) That information may be disclosed to the executor or the	4104
administrator of an estate of a deceased patient when the	4105
information is necessary to administer the estate;	4106

(11) That records in the possession of the Ohio historical	4107
society may be released to the closest living relative of a	4108
deceased patient upon request of that relative;	4109

(12) That records pertaining to the patient's diagnosis,	4110
course of treatment, treatment needs, and prognosis shall be	4111
disclosed and released to the appropriate prosecuting attorney if	4112
the patient was committed pursuant to section 2945.38, 2945.39,	4113
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	4114
attorney designated by the board for proceedings pursuant to	4115
involuntary commitment under this chapter.	4116

(13) That the department of mental health and addiction	4117
services may exchange psychiatric hospitalization records, other	4118
mental health treatment records, and other pertinent information	4119
with the department of rehabilitation and correction and with the	4120
department of youth services to ensure continuity of care for	4121
inmates or offenders who are receiving mental health services in	4122
an institution of the department of rehabilitation and correction	4123
or the department of youth services and may exchange psychiatric	4124
hospitalization records, other mental health treatment records,	4125
and other pertinent information with boards of alcohol, drug	4126
addiction, and mental health services and community mental health	4127
services providers to ensure continuity of care for inmates or	4128
offenders who are receiving mental health services in an	4129
institution and are scheduled for release within six months. The	4130
department shall not disclose those records unless the inmate or	4131
offender is notified, receives the information, and does not	4132
object to the disclosure. The release of records under this	4133
division is limited to records regarding an inmate's or offender's	4134
medication history, physical health status and history, summary of	4135
course of treatment, summary of treatment needs, and a discharge	4136
summary, if any.	4137

(B) Before records are disclosed pursuant to divisions	4138
(A)(3), (6), and (9) of this section, the custodian of the records	4139
shall attempt to obtain the patient's consent for the disclosure.	4140
No person shall reveal the contents of a medical record of a	4141
patient except as authorized by law.	4142

(C) The managing officer of a hospital who releases necessary	4143
medical information under division (A)(3) of this section to allow	4144
an insurance carrier or other third party payor to comply with	4145
section 5121.43 of the Revised Code shall neither be subject to	4146
criminal nor civil liability.	4147

Sec. 5122.311. (A) Notwithstanding any provision of the	4148
Revised Code to the contrary, if, on or after April 8, 2004, an	4149
individual is found by a court to be a mentally ill person subject	4150
to ~~hospitalization by~~ court order or becomes an involuntary	4151
patient other than one who is a patient only for purposes of	4152
observation, the probate judge who made the adjudication or the	4153
chief clinical officer of the hospital, community mental health	4154
services provider, or facility in which the person is an	4155
involuntary patient shall notify the bureau of criminal	4156
identification and investigation, on the form described in	4157
division (C) of this section, of the identity of the individual.	4158
The notification shall be transmitted by the judge or the chief	4159
clinical officer not later than seven days after the adjudication	4160
or commitment.	4161

(B) The bureau of criminal identification and investigation	4162
shall compile and maintain the notices it receives under division	4163
(A) of this section and shall use them for the purpose of	4164
conducting incompetency records checks pursuant to section 311.41	4165
of the Revised Code. The notices and the information they contain	4166
are confidential, except as provided in this division, and are not	4167
public records.	4168

(C) The attorney general, by rule adopted under Chapter 119.	4169
of the Revised Code, shall prescribe and make available to all	4170
probate judges and all chief clinical officers a form to be used	4171
by them for the purpose of making the notifications required by	4172
division (A) of this section.	4173

Sec. 5139.54. (A) Notwithstanding any other provision for	4174
determining when a child shall be released or discharged from the	4175
legal custody of the department of youth services, including	4176
jurisdictional provisions in section 2152.22 of the Revised Code,	4177
the release authority, for medical reasons, may release a child	4178
upon supervised release or discharge the child from the custody of	4179
the department when any of the following applies:	4180

(1) The child is terminally ill or otherwise in imminent	4181
danger of death.	4182

(2) The child is incapacitated due to injury, disease,	4183
illness, or other medical condition and is no longer a threat to	4184
public safety.	4185

(3) The child appears to be a mentally ill person subject to	4186
~~hospitalization by~~ court order, as defined in section 5122.01 of	4187
the Revised Code, or a mentally retarded person subject to	4188
institutionalization by court order, as defined in section 5123.01	4189
of the Revised Code.	4190

(B) When considering whether to release or discharge a child	4191
under this section for medical reasons, the release authority may	4192
request additional medical information about the child or may ask	4193
the department to conduct additional medical examinations.	4194

(C) The release authority shall determine the appropriate	4195
level of supervised release for a child released under this	4196
section. The terms and conditions of the release may require	4197
periodic medical reevaluations as appropriate. Upon granting a	4198
release or discharge under this section, the release authority	4199
shall give notice of the release and its terms and conditions or	4200
of the discharge to the court that committed the child to the	4201
custody of the department.	4202

(D) The release authority shall submit annually to the	4203
director of youth services a report that includes all of the	4204
following information for the previous calendar year:	4205

(1) The number of children the release authority considered	4206
for medical release or discharge;	4207

(2) The nature of the injury, disease, illness, or other	4208
medical condition of each child considered for medical release or	4209
discharge;	4210

(3) The decision made by the release authority for each	4211
child, including the reasons for denying medical release or	4212
discharge or for granting it;	4213

(4) The number of children on medical release who were	4214
returned to a secure facility or whose supervised release was	4215
revoked.	4216

Sec. 5305.22. (A) Any real estate or interest in real estate	4217
coming to a person by purchase, inheritance, or otherwise, after	4218
the spouse of the person is adjudged a mentally ill person subject	4219
to ~~hospitalization by~~ court order and admitted to either a	4220
hospital for persons with mental illness in this or any other	4221
state of the United States or the psychiatric department of any	4222
hospital of the United States, may be conveyed by the person while	4223
the person's spouse who is a mentally ill person subject to	4224
~~hospitalization by~~ court order remains a patient of that hospital,	4225
free and clear from any dower right or expectancy of the person's	4226
spouse who is a mentally ill person subject to ~~hospitalization by~~	4227
court order. Dower shall not attach to any real estate so acquired	4228
and conveyed during the time described in this section in favor of	4229
such spouse who is a mentally ill person subject to	4230
~~hospitalization by~~ court order. The indorsement upon the	4231
instrument of conveyance, by the superintendent of the hospital to	4232
which the spouse was admitted, that the spouse of the person	4233
conveying the real estate is a mentally ill person subject to	4234
~~hospitalization by~~ court order who has been admitted to that	4235
hospital, stating when received in that hospital and signed	4236
officially by the superintendent, shall be sufficient evidence of	4237
the fact that the spouse of the person conveying the real estate	4238
is a mentally ill person subject to ~~hospitalization by~~ court	4239
order. This indorsement shall be a part of the instrument of	4240
conveyance.	4241

(B) As used in this section, "mentally ill person subject to	4242
~~hospitalization by~~ court order" has the same meaning as in section	4243
5122.01 of the Revised Code.	4244

Sec. 5907.06. (A) A mentally ill person subject to	4245
~~hospitalization by~~ court order whose mental condition causes the	4246
person to be dangerous to the community shall not be admitted to a	4247
veterans' home. If a mentally ill person subject to	4248
~~hospitalization by~~ court order, through misrepresentation as to	4249
the person's condition, is sent to a home, the person shall be	4250
returned to, and the expense of the return shall be borne by, the	4251
county from which the person came.	4252

(B) As used in this section, "mentally ill person subject to	4253
~~hospitalization by~~ court order" has the same meaning as in section	4254
5122.01 of the Revised Code.	4255

Sec. 5907.09. (A) When the affidavit referred to in section	4256
5907.08 of the Revised Code is filed, the probate judge shall	4257
forthwith determine whether the resident is a mentally ill person	4258
subject to ~~hospitalization by~~ court order. Insofar as applicable,	4259
the laws governing in cases of admission to a state hospital for	4260
persons with mental illness shall apply. The probate judge shall	4261
have the same authority, and may receive and order paid the same	4262
fees and costs, as the probate judge would have in the county in	4263
which the veteran was a resident at the time of entering the	4264
veterans' home.	4265

(B) As used in this section, "mentally ill person subject to	4266
~~hospitalization by~~ court order" has the same meaning as in section	4267
5122.01 of the Revised Code.	4268

Section 2. That existing sections 2101.16, 2151.011,	4269
2151.23, 2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39,	4270
2945.40, 2945.401, 2967.22, 5119.311, 5120.17, 5122.01, 5122.03,	4271
5122.05, 5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19,	4272
5122.21, 5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22,	4273
5907.06, and 5907.09 of the Revised Code are hereby repealed.	4274

Section 3. The amendments to divisions (B)(49) and (50) of	4275
section 2151.011 of the Revised Code by H.B. 59 of the 130th	4276
General Assembly, which appear in this act are to take effect on	4277
July 1, 2014, are not accelerated by their inclusion in this act.	4278

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Bill Text: OH HB104 | 2013-2014 | 130th General Assembly | Comm Sub

Ohio House Bill 104 (Prior Session Legislation)

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