As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Sub. S. B. No. 43

Senators Burke, Tavares

Cosponsors: Senators Balderson, Kearney, Seitz, Sawyer, Coley, Bacon, Beagle, Brown, Gardner, Hite, Jones, Lehner, Manning, Oelslager, Peterson, Schaffer, Smith

A BILL

To amend sections 2101.16, 2151.011, 2151.23,

2923.125, 2923.1213, 2923.13, 2945.37, 2945.38,

2945.39, 2945.40, 2945.401, 2967.22, 5119.311,

5120.17, 5122.01, 5122.03, 5122.05, 5122.10,

5122.11, 5122.13, 5122.141, 5122.15, 5122.19,

5122.21, 5122.27, 5122.30, 5122.31, 5122.311,

5122.34, 5122.43, 5139.54, 5305.22, 5907.06, and

5907.09 and to enact section 5122.111 of the

Revised Code to make changes to the laws governing

the civil commitment of and treatment provided to

mentally ill persons.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2101.16, 2151.011, 2151.23,	12
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40,	13
2945.401, 2967.22, 5119.311, 5120.17, 5122.01, 5122.03, 5122.05,	14
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21,	15
5122.27, 5122.30, 5122.31, 5122.311, 5122.34, 5122.43, 5139.54,	16
5305.22, 5907.06, and 5907.09 be amended and section 5122.111 of	17
the Revised Code be enacted to read as follows:	18

Sec. 2101.16. (A) Except as provided in section 2101.164 of	19
the Revised Code, the fees enumerated in this division shall be	20
charged and collected, if possible, by the probate judge and shall	21
be in full for all services rendered in the respective	22
proceedings:	23

(1)	Account, in addition to advertising charges			24
		$	12.00	25
	Waivers and proof of notice of hearing on account, per page, minimum one dollar			26
		$	1.00	27
(2)	Account of distribution, in addition to advertising charges			28
		$	7.00	29
(3)	Adoption of child, petition for			30
		$	50.00	31
(4)	Alter or cancel contract for sale or purchase of real property, complaint to			32
		$	20.00	33
(5)	Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section			34
		$	5.00	35
(6)	Appropriation suit, per day, hearing in			36
		$	20.00	37
(7)	Birth, application for registration of			38
		$	7.00	39
(8)	Birth record, application to correct			40
		$	5.00	41
(9)	Bond, application for new or additional			42
		$	5.00	43
(10)	Bond, application for release of surety or reduction of			44
		$	5.00	45
(11)	Bond, receipt for securities deposited in lieu of			46
		$	5.00	47
(12)	Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar			48
		$	1.00	49
(13)	Citation and issuing citation, application for			50
		$	5.00	51
(14)	Change of name, petition for			52
		$	20.00	53
(15)	Claim, application of administrator or executor for allowance of administrator's or executor's own			54
		$	10.00	55
(16)	Claim, application to compromise or settle			56
		$	10.00	57
(17)	Claim, authority to present			58
		$	10.00	59
(18)	Commissioner, appointment of			60
		$	5.00	61
(19)	Compensation for extraordinary services and attorney's fees for fiduciary, application for			62
		$	5.00	63
(20)	Competency, application to procure adjudication of			64
		$	20.00	65
(21)	Complete contract, application to			66
		$	10.00	67
(22)	Concealment of assets, citation for			68
		$	10.00	69
(23)	Construction of will, complaint for			70
		$	20.00	71
(24)	Continue decedent's business, application to			72
		$	10.00	73
	Monthly reports of operation			74
		$	5.00	75
(25)	Declaratory judgment, complaint for			76
		$	20.00	77
(26)	Deposit of will			78
		$	5.00	79
(27)	Designation of heir			80
		$	20.00	81
(28)	Distribution in kind, application, assent, and order for			82
		$	5.00	83
(29)	Distribution under section 2109.36 of the Revised Code, application for an order of			84
		$	7.00	85
(30)	Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars			86
		$	15.00	87
(31)	Exceptions to any proceeding named in this section, contest of appointment or			88
		$	10.00	89
(32)	Election of surviving partner to purchase assets of partnership, proceedings relating to			90
		$	10.00	91
(33)	Election of surviving spouse under will			92
		$	5.00	93
(34)	Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of			94
		$	35.00	95
(35)	Foreign will, application to record			96
		$	10.00	97
	Record of foreign will, additional, per page			98
		$	1.00	99
(36)	Forms when supplied by the probate court, not to exceed			100
		$	10.00	101
(37)	Heirship, complaint to determine			102
		$	20.00	103
(38)	Injunction proceedings			104
		$	20.00	105
(39)	Improve real property, petition to			106
		$	20.00	107
(40)	Inventory with appraisement			108
		$	10.00	109
(41)	Inventory without appraisement			110
		$	7.00	111
(42)	Investment or expenditure of funds, application for			112
		$	10.00	113
(43)	Invest in real property, application to			114
		$	10.00	115
(44)	Lease for oil, gas, coal, or other mineral, petition to			116
		$	20.00	117
(45)	Lease or lease and improve real property, petition to			118
		$	20.00	119
(46)	Marriage license			120
		$	10.00	121
	Certified abstract of each marriage			122
		$	2.00	123
(47)	Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of			124
		$	10.00	125
(48)	Mortgage or mortgage and repair or improve real property, complaint to			126
		$	20.00	127
(49)	Newly discovered assets, report of			128
		$	7.00	129
(50)	Nonresident executor or administrator to bar creditors' claims, proceedings by			130
		$	20.00	131
(51)	Power of attorney or revocation of power, bonding company			132
		$	10.00	133
(52)	Presumption of death, petition to establish			134
		$	20.00	135
(53)	Probating will			136
		$	15.00	137
	Proof of notice to beneficiaries			138
		$	5.00	139
(54)	Purchase personal property, application of surviving spouse to			140
		$	10.00	141
(55)	Purchase real property at appraised value, petition of surviving spouse to			142
		$	20.00	143
(56)	Receipts in addition to advertising charges, application and order to record			144
		$	5.00	145
	Record of those receipts, additional, per page			146
		$	1.00	147
(57)	Record in excess of fifteen hundred words in any proceeding in the probate court, per page			148
		$	1.00	149
(58)	Release of estate by mortgagee or other lienholder			150
		$	5.00	151
(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			152
		$	60.00	153
(60)	Removal of fiduciary, application for			154
		$	10.00	155
(61)	Requalification of executor or administrator			156
		$	10.00	157
(62)	Resignation of fiduciary			158
		$	5.00	159
(63)	Sale bill, public sale of personal property			160
		$	10.00	161
(64)	Sale of personal property and report, application for			162
		$	10.00	163
(65)	Sale of real property, petition for			164
		$	25.00	165
(66)	Terminate guardianship, petition to			166
		$	10.00	167
(67)	Transfer of real property, application, entry, and certificate for			168
		$	7.00	169
(68)	Unclaimed money, application to invest			170
		$	7.00	171
(69)	Vacate approval of account or order of distribution, motion to			172
		$	10.00	173
(70)	Writ of execution			174
		$	5.00	175
(71)	Writ of possession			176
		$	5.00	177
(72)	Wrongful death, application and settlement of claim for			178
		$	20.00	179
(73)	Year's allowance, petition to review			180
		$	7.00	181
(74)	Guardian's report, filing and review of			182
		$	5.00	183
(75)	Mentally ill person subject to court order, filing of affidavit and proceedings for			184
		$	25.00	185

(B)(1) In relation to an application for the appointment of a	186
guardian or the review of a report of a guardian under section	187
2111.49 of the Revised Code, the probate court, pursuant to court	188
order or in accordance with a court rule, may direct that the	189
applicant or the estate pay any or all of the expenses of an	190
investigation conducted pursuant to section 2111.041 or division	191
(A)(2) of section 2111.49 of the Revised Code. If the	192
investigation is conducted by a public employee or investigator	193
who is paid by the county, the fees for the investigation shall be	194
paid into the county treasury. If the court finds that an alleged	195
incompetent or a ward is indigent, the court may waive the costs,	196
fees, and expenses of an investigation.	197

(2) In relation to the appointment or functioning of a	198
guardian for a minor or the guardianship of a minor, the probate	199
court may direct that the applicant or the estate pay any or all	200
of the expenses of an investigation conducted pursuant to section	201
2111.042 of the Revised Code. If the investigation is conducted by	202
a public employee or investigator who is paid by the county, the	203
fees for the investigation shall be paid into the county treasury.	204
If the court finds that the guardian or applicant is indigent, the	205
court may waive the costs, fees, and expenses of an investigation.	206

(3) In relation to the filing of an affidavit of mental	207
illness for a mentally ill person subject to court order, the	208
court may waive the fee under division (A)(75) of this section if	209
the court finds that the affiant is indigent or for good cause	210
shown.	211

(C) Thirty dollars of the thirty-five-dollar fee collected	212
pursuant to division (A)(34) of this section and twenty dollars of	213
the sixty-dollar fee collected pursuant to division (A)(59) of	214
this section shall be deposited by the county treasurer in the	215
indigent guardianship fund created pursuant to section 2111.51 of	216
the Revised Code.	217

(D) The fees of witnesses, jurors, sheriffs, coroners, and	218
constables for services rendered in the probate court or by order	219
of the probate judge shall be the same as provided for similar	220
services in the court of common pleas.	221

(E) The probate court, by rule, may require an advance	222
deposit for costs, not to exceed one hundred twenty-five dollars,	223
at the time application is made for an appointment as executor or	224
administrator or at the time a will is presented for probate.	225

(F) The probate court, by rule, shall establish a reasonable	226
fee, not to exceed fifty dollars, for the filing of a petition for	227
the release of information regarding an adopted person's name by	228
birth and the identity of the adopted person's biological parents	229
and biological siblings pursuant to section 3107.41 of the Revised	230
Code, all proceedings relative to the petition, the entry of an	231
order relative to the petition, and all services required to be	232
performed in connection with the petition. The probate court may	233
use a reasonable portion of a fee charged under authority of this	234
division to reimburse any agency, as defined in section 3107.39 of	235
the Revised Code, for any services it renders in performing a task	236
described in section 3107.41 of the Revised Code relative to or in	237
connection with the petition for which the fee was charged.	238

(G)(1) Thirty dollars of the fifty-dollar fee collected	239
pursuant to division (A)(3) of this section shall be deposited	240
into the "putative father registry fund," which is hereby created	241
in the state treasury. The department of job and family services	242
shall use the money in the fund to fund the department's costs of	243
performing its duties related to the putative father registry	244
established under section 3107.062 of the Revised Code.	245

(2) If the department determines that money in the putative	246
father registry fund is more than is needed for its duties related	247
to the putative father registry, the department may use the	248
surplus moneys in the fund as permitted in division (C) of section	249
2151.3529, division (B) of section 2151.3530, or section 5103.155	250
of the Revised Code.	251

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

252

(1) "Juvenile court" means whichever of the following is	253
applicable that has jurisdiction under this chapter and Chapter	254
2152. of the Revised Code:	255

(a) The division of the court of common pleas specified in	256
section 2101.022 or 2301.03 of the Revised Code as having	257
jurisdiction under this chapter and Chapter 2152. of the Revised	258
Code or as being the juvenile division or the juvenile division	259
combined with one or more other divisions;	260

(b) The juvenile court of Cuyahoga county or Hamilton county	261
that is separately and independently created by section 2151.08 or	262
Chapter 2153. of the Revised Code and that has jurisdiction under	263
this chapter and Chapter 2152. of the Revised Code;	264

(c) If division (A)(1)(a) or (b) of this section does not	265
apply, the probate division of the court of common pleas.	266

(2) "Juvenile judge" means a judge of a court having	267
jurisdiction under this chapter.	268

(3) "Private child placing agency" means any association, as	269
defined in section 5103.02 of the Revised Code, that is certified	270
under section 5103.03 of the Revised Code to accept temporary,	271
permanent, or legal custody of children and place the children for	272
either foster care or adoption.	273

(4) "Private noncustodial agency" means any person,	274
organization, association, or society certified by the department	275
of job and family services that does not accept temporary or	276
permanent legal custody of children, that is privately operated in	277
this state, and that does one or more of the following:	278

(a) Receives and cares for children for two or more	279
consecutive weeks;	280

(b) Participates in the placement of children in certified	281
foster homes;	282

(c) Provides adoption services in conjunction with a public	283
children services agency or private child placing agency.	284

(B) As used in this chapter:

285

(1) "Adequate parental care" means the provision by a child's	286
parent or parents, guardian, or custodian of adequate food,	287
clothing, and shelter to ensure the child's health and physical	288
safety and the provision by a child's parent or parents of	289
specialized services warranted by the child's physical or mental	290
needs.	291

(2) "Adult" means an individual who is eighteen years of age	292
or older.	293

(3) "Agreement for temporary custody" means a voluntary	294
agreement authorized by section 5103.15 of the Revised Code that	295
transfers the temporary custody of a child to a public children	296
services agency or a private child placing agency.	297

(4) "Alternative response" means the public children services	298
agency's response to a report of child abuse or neglect that	299
engages the family in a comprehensive evaluation of child safety,	300
risk of subsequent harm, and family strengths and needs and that	301
does not include a determination as to whether child abuse or	302
neglect occurred.	303

(5) "Certified foster home" means a foster home, as defined	304
in section 5103.02 of the Revised Code, certified under section	305
5103.03 of the Revised Code.	306

(6) "Child" means a person who is under eighteen years of	307
age, except that the juvenile court has jurisdiction over any	308
person who is adjudicated an unruly child prior to attaining	309
eighteen years of age until the person attains twenty-one years of	310
age, and, for purposes of that jurisdiction related to that	311
adjudication, a person who is so adjudicated an unruly child shall	312
be deemed a "child" until the person attains twenty-one years of	313
age.	314

(7) "Child day camp," "child care," "child day-care center,"	315
"part-time child day-care center," "type A family day-care home,"	316
"licensed type B family day-care home," "type B family day-care	317
home," "administrator of a child day-care center," "administrator	318
of a type A family day-care home," and "in-home aide" have the	319
same meanings as in section 5104.01 of the Revised Code.	320

(8) "Child care provider" means an individual who is a	321
child-care staff member or administrator of a child day-care	322
center, a type A family day-care home, or a type B family day-care	323
home, or an in-home aide or an individual who is licensed, is	324
regulated, is approved, operates under the direction of, or	325
otherwise is certified by the department of job and family	326
services, department of developmental disabilities, or the early	327
childhood programs of the department of education.	328

(9) "Chronic truant" has the same meaning as in section	329
2152.02 of the Revised Code.	330

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

331

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

332

(a) General counseling services performed by a public	333
children services agency or shelter for victims of domestic	334
violence to assist a child, a child's parents, and a child's	335
siblings in alleviating identified problems that may cause or have	336
caused the child to be an abused, neglected, or dependent child.	337

(b) Psychiatric or psychological therapeutic counseling	338
services provided to correct or alleviate any mental or emotional	339
illness or disorder and performed by a licensed psychiatrist,	340
licensed psychologist, or a person licensed under Chapter 4757. of	341
the Revised Code to engage in social work or professional	342
counseling.	343

(12) "Custodian" means a person who has legal custody of a	344
child or a public children services agency or private child	345
placing agency that has permanent, temporary, or legal custody of	346
a child.	347

(13) "Delinquent child" has the same meaning as in section	348
2152.02 of the Revised Code.	349

(14) "Detention" means the temporary care of children pending	350
court adjudication or disposition, or execution of a court order,	351
in a public or private facility designed to physically restrict	352
the movement and activities of children.	353

(15) "Developmental disability" has the same meaning as in	354
section 5123.01 of the Revised Code.	355

(16) "Differential response approach" means an approach that	356
a public children services agency may use to respond to accepted	357
reports of child abuse or neglect with either an alternative	358
response or a traditional response.	359

(17) "Foster caregiver" has the same meaning as in section	360
5103.02 of the Revised Code.	361

(18) "Guardian" means a person, association, or corporation	362
that is granted authority by a probate court pursuant to Chapter	363
2111. of the Revised Code to exercise parental rights over a child	364
to the extent provided in the court's order and subject to the	365
residual parental rights of the child's parents.	366

(19) "Habitual truant" means any child of compulsory school	367
age who is absent without legitimate excuse for absence from the	368
public school the child is supposed to attend for five or more	369
consecutive school days, seven or more school days in one school	370
month, or twelve or more school days in a school year.	371

(20) "Juvenile traffic offender" has the same meaning as in	372
section 2152.02 of the Revised Code.	373

(21) "Legal custody" means a legal status that vests in the	374
custodian the right to have physical care and control of the child	375
and to determine where and with whom the child shall live, and the	376
right and duty to protect, train, and discipline the child and to	377
provide the child with food, shelter, education, and medical care,	378
all subject to any residual parental rights, privileges, and	379
responsibilities. An individual granted legal custody shall	380
exercise the rights and responsibilities personally unless	381
otherwise authorized by any section of the Revised Code or by the	382
court.	383

(22) A "legitimate excuse for absence from the public school	384
the child is supposed to attend" includes, but is not limited to,	385
any of the following:	386

(a) The fact that the child in question has enrolled in and	387
is attending another public or nonpublic school in this or another	388
state;	389

(b) The fact that the child in question is excused from	390
attendance at school for any of the reasons specified in section	391
3321.04 of the Revised Code;	392

(c) The fact that the child in question has received an age	393
and schooling certificate in accordance with section 3331.01 of	394
the Revised Code.	395

(23) "Mental illness" and "mentally ill person subject to	396
~~hospitalization by~~ court order" have the same meanings as in	397
section 5122.01 of the Revised Code.	398

(24) "Mental injury" means any behavioral, cognitive,	399
emotional, or mental disorder in a child caused by an act or	400
omission that is described in section 2919.22 of the Revised Code	401
and is committed by the parent or other person responsible for the	402
child's care.	403

(25) "Mentally retarded person" has the same meaning as in	404
section 5123.01 of the Revised Code.	405

(26) "Nonsecure care, supervision, or training" means care,	406
supervision, or training of a child in a facility that does not	407
confine or prevent movement of the child within the facility or	408
from the facility.	409

(27) "Of compulsory school age" has the same meaning as in	410
section 3321.01 of the Revised Code.	411

(28) "Organization" means any institution, public,	412
semipublic, or private, and any private association, society, or	413
agency located or operating in the state, incorporated or	414
unincorporated, having among its functions the furnishing of	415
protective services or care for children, or the placement of	416
children in certified foster homes or elsewhere.	417

(29) "Out-of-home care" means detention facilities, shelter	418
facilities, certified children's crisis care facilities, certified	419
foster homes, placement in a prospective adoptive home prior to	420
the issuance of a final decree of adoption, organizations,	421
certified organizations, child day-care centers, type A family	422
day-care homes, type B family day-care homes, child care provided	423
by in-home aides, group home providers, group homes, institutions,	424
state institutions, residential facilities, residential care	425
facilities, residential camps, day camps, public schools,	426
chartered nonpublic schools, educational service centers,	427
hospitals, and medical clinics that are responsible for the care,	428
physical custody, or control of children.	429

(30) "Out-of-home care child abuse" means any of the	430
following when committed by a person responsible for the care of a	431
child in out-of-home care:	432

(a) Engaging in sexual activity with a child in the person's	433
care;	434

(b) Denial to a child, as a means of punishment, of proper or	435
necessary subsistence, education, medical care, or other care	436
necessary for a child's health;	437

(c) Use of restraint procedures on a child that cause injury	438
or pain;	439

(d) Administration of prescription drugs or psychotropic	440
medication to the child without the written approval and ongoing	441
supervision of a licensed physician;	442

(e) Commission of any act, other than by accidental means,	443
that results in any injury to or death of the child in out-of-home	444
care or commission of any act by accidental means that results in	445
an injury to or death of a child in out-of-home care and that is	446
at variance with the history given of the injury or death.	447

(31) "Out-of-home care child neglect" means any of the	448
following when committed by a person responsible for the care of a	449
child in out-of-home care:	450

(a) Failure to provide reasonable supervision according to	451
the standards of care appropriate to the age, mental and physical	452
condition, or other special needs of the child;	453

(b) Failure to provide reasonable supervision according to	454
the standards of care appropriate to the age, mental and physical	455
condition, or other special needs of the child, that results in	456
sexual or physical abuse of the child by any person;	457

458

(i) Administration of prescription drugs or psychotropic	459
drugs for the child;	460

(ii) Assuring that the instructions of the licensed physician	461
who prescribed a drug for the child are followed;	462

(iii) Reporting to the licensed physician who prescribed the	463
drug all unfavorable or dangerous side effects from the use of the	464
drug.	465

(d) Failure to provide proper or necessary subsistence,	466
education, medical care, or other individualized care necessary	467
for the health or well-being of the child;	468

(e) Confinement of the child to a locked room without	469
monitoring by staff;	470

(f) Failure to provide ongoing security for all prescription	471
and nonprescription medication;	472

(g) Isolation of a child for a period of time when there is	473
substantial risk that the isolation, if continued, will impair or	474
retard the mental health or physical well-being of the child.	475

(32) "Permanent custody" means a legal status that vests in a	476
public children services agency or a private child placing agency,	477
all parental rights, duties, and obligations, including the right	478
to consent to adoption, and divests the natural parents or	479
adoptive parents of all parental rights, privileges, and	480
obligations, including all residual rights and obligations.	481

(33) "Permanent surrender" means the act of the parents or,	482
if a child has only one parent, of the parent of a child, by a	483
voluntary agreement authorized by section 5103.15 of the Revised	484
Code, to transfer the permanent custody of the child to a public	485
children services agency or a private child placing agency.	486

(34) "Person" means an individual, association, corporation,	487
or partnership and the state or any of its political subdivisions,	488
departments, or agencies.	489

(35) "Person responsible for a child's care in out-of-home	490
care" means any of the following:	491

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

492

(b) Any administrator, employee, or agent of any of the	493
following: a public or private detention facility; shelter	494
facility; certified children's crisis care facility; organization;	495
certified organization; child day-care center; type A family	496
day-care home; licensed type B family day-care home; group home;	497
institution; state institution; residential facility; residential	498
care facility; residential camp; day camp; school district;	499
community school; chartered nonpublic school; educational service	500
center; hospital; or medical clinic;	501

(c) Any person who supervises or coaches children as part of	502
an extracurricular activity sponsored by a school district, public	503
school, or chartered nonpublic school;	504

(d) Any other person who performs a similar function with	505
respect to, or has a similar relationship to, children.	506

(36) "Physically impaired" means having one or more of the	507
following conditions that substantially limit one or more of an	508
individual's major life activities, including self-care, receptive	509
and expressive language, learning, mobility, and self-direction:	510

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

511

(b) A congenital orthopedic impairment;

512

(c) An orthopedic impairment caused by disease, rheumatic	513
fever or any other similar chronic or acute health problem, or	514
amputation or another similar cause.	515

(37) "Placement for adoption" means the arrangement by a	516
public children services agency or a private child placing agency	517
with a person for the care and adoption by that person of a child	518
of whom the agency has permanent custody.	519

(38) "Placement in foster care" means the arrangement by a	520
public children services agency or a private child placing agency	521
for the out-of-home care of a child of whom the agency has	522
temporary custody or permanent custody.	523

(39) "Planned permanent living arrangement" means an order of	524
a juvenile court pursuant to which both of the following apply:	525

(a) The court gives legal custody of a child to a public	526
children services agency or a private child placing agency without	527
the termination of parental rights.	528

(b) The order permits the agency to make an appropriate	529
placement of the child and to enter into a written agreement with	530
a foster care provider or with another person or agency with whom	531
the child is placed.	532

(40) "Practice of social work" and "practice of professional	533
counseling" have the same meanings as in section 4757.01 of the	534
Revised Code.	535

(41) "Sanction, service, or condition" means a sanction,	536
service, or condition created by court order following an	537
adjudication that a child is an unruly child that is described in	538
division (A)(4) of section 2152.19 of the Revised Code.	539

(42) "Protective supervision" means an order of disposition	540
pursuant to which the court permits an abused, neglected,	541
dependent, or unruly child to remain in the custody of the child's	542
parents, guardian, or custodian and stay in the child's home,	543
subject to any conditions and limitations upon the child, the	544
child's parents, guardian, or custodian, or any other person that	545
the court prescribes, including supervision as directed by the	546
court for the protection of the child.	547

(43) "Psychiatrist" has the same meaning as in section	548
5122.01 of the Revised Code.	549

(44) "Psychologist" has the same meaning as in section	550
4732.01 of the Revised Code.	551

(45) "Residential camp" means a program in which the care,	552
physical custody, or control of children is accepted overnight for	553
recreational or recreational and educational purposes.	554

(46) "Residential care facility" means an institution,	555
residence, or facility that is licensed by the department of	556
mental health and addiction services under section 5119.34 of the	557
Revised Code and that provides care for a child.	558

(47) "Residential facility" means a home or facility that is	559
licensed by the department of developmental disabilities under	560
section 5123.19 of the Revised Code and in which a child with a	561
developmental disability resides.	562

(48) "Residual parental rights, privileges, and	563
responsibilities" means those rights, privileges, and	564
responsibilities remaining with the natural parent after the	565
transfer of legal custody of the child, including, but not	566
necessarily limited to, the privilege of reasonable visitation,	567
consent to adoption, the privilege to determine the child's	568
religious affiliation, and the responsibility for support.	569

(49) "School day" means the school day established by the	570
board of education of the applicable school district pursuant to	571
section 3313.481 of the Revised Code.	572

(50) "School year" has the same meaning as in section 3313.62	573
of the Revised Code.	574

(51) "Secure correctional facility" means a facility under	575
the direction of the department of youth services that is designed	576
to physically restrict the movement and activities of children and	577
used for the placement of children after adjudication and	578
disposition.	579

(52) "Sexual activity" has the same meaning as in section	580
2907.01 of the Revised Code.	581

(53) "Shelter" means the temporary care of children in	582
physically unrestricted facilities pending court adjudication or	583
disposition.	584

(54) "Shelter for victims of domestic violence" has the same	585
meaning as in section 3113.33 of the Revised Code.	586

(55) "Temporary custody" means legal custody of a child who	587
is removed from the child's home, which custody may be terminated	588
at any time at the discretion of the court or, if the legal	589
custody is granted in an agreement for temporary custody, by the	590
person who executed the agreement.	591

(56) "Traditional response" means a public children services	592
agency's response to a report of child abuse or neglect that	593
encourages engagement of the family in a comprehensive evaluation	594
of the child's current and future safety needs and a fact-finding	595
process to determine whether child abuse or neglect occurred and	596
the circumstances surrounding the alleged harm or risk of harm.	597

(C) For the purposes of this chapter, a child shall be	598
presumed abandoned when the parents of the child have failed to	599
visit or maintain contact with the child for more than ninety	600
days, regardless of whether the parents resume contact with the	601
child after that period of ninety days.	602

Sec. 2151.23. (A) The juvenile court has exclusive original	603
jurisdiction under the Revised Code as follows:	604

(1) Concerning any child who on or about the date specified	605
in the complaint, indictment, or information is alleged to have	606
violated section 2151.87 of the Revised Code or an order issued	607
under that section or to be a juvenile traffic offender or a	608
delinquent, unruly, abused, neglected, or dependent child and,	609
based on and in relation to the allegation pertaining to the	610
child, concerning the parent, guardian, or other person having	611
care of a child who is alleged to be an unruly or delinquent child	612
for being an habitual or chronic truant;	613

(2) Subject to divisions (G), (K), and (V) of section 2301.03	614
of the Revised Code, to determine the custody of any child not a	615
ward of another court of this state;	616

(3) To hear and determine any application for a writ of	617
habeas corpus involving the custody of a child;	618

(4) To exercise the powers and jurisdiction given the probate	619
division of the court of common pleas in Chapter 5122. of the	620
Revised Code, if the court has probable cause to believe that a	621
child otherwise within the jurisdiction of the court is a mentally	622
ill person subject to ~~hospitalization by~~ court order, as defined	623
in section 5122.01 of the Revised Code;	624

(5) To hear and determine all criminal cases charging adults	625
with the violation of any section of this chapter;	626

(6) To hear and determine all criminal cases in which an	627
adult is charged with a violation of division (C) of section	628
2919.21, division (B)(1) of section 2919.22, section 2919.222,	629
division (B) of section 2919.23, or section 2919.24 of the Revised	630
Code, provided the charge is not included in an indictment that	631
also charges the alleged adult offender with the commission of a	632
felony arising out of the same actions that are the basis of the	633
alleged violation of division (C) of section 2919.21, division	634
(B)(1) of section 2919.22, section 2919.222, division (B) of	635
section 2919.23, or section 2919.24 of the Revised Code;	636

(7) Under the interstate compact on juveniles in section	637
2151.56 of the Revised Code;	638

(8) Concerning any child who is to be taken into custody	639
pursuant to section 2151.31 of the Revised Code, upon being	640
notified of the intent to take the child into custody and the	641
reasons for taking the child into custody;	642

(9) To hear and determine requests for the extension of	643
temporary custody agreements, and requests for court approval of	644
permanent custody agreements, that are filed pursuant to section	645
5103.15 of the Revised Code;	646

(10) To hear and determine applications for consent to marry	647
pursuant to section 3101.04 of the Revised Code;	648

(11) Subject to divisions (G), (K), and (V) of section	649
2301.03 of the Revised Code, to hear and determine a request for	650
an order for the support of any child if the request is not	651
ancillary to an action for divorce, dissolution of marriage,	652
annulment, or legal separation, a criminal or civil action	653
involving an allegation of domestic violence, or an action for	654
support brought under Chapter 3115. of the Revised Code;	655

(12) Concerning an action commenced under section 121.38 of	656
the Revised Code;	657

(13) To hear and determine violations of section 3321.38 of	658
the Revised Code;	659

(14) To exercise jurisdiction and authority over the parent,	660
guardian, or other person having care of a child alleged to be a	661
delinquent child, unruly child, or juvenile traffic offender,	662
based on and in relation to the allegation pertaining to the	663
child;	664

(15) To conduct the hearings, and to make the determinations,	665
adjudications, and orders authorized or required under sections	666
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	667
a child who has been adjudicated a delinquent child and to refer	668
the duties conferred upon the juvenile court judge under sections	669
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	670
magistrates appointed by the juvenile court judge in accordance	671
with Juvenile Rule 40;	672

(16) To hear and determine a petition for a protection order	673
against a child under section 2151.34 or 3113.31 of the Revised	674
Code and to enforce a protection order issued or a consent	675
agreement approved under either section against a child until a	676
date certain but not later than the date the child attains	677
nineteen years of age.	678

(B) Except as provided in divisions (G) and (I) of section	679
2301.03 of the Revised Code, the juvenile court has original	680
jurisdiction under the Revised Code:	681

(1) To hear and determine all cases of misdemeanors charging	682
adults with any act or omission with respect to any child, which	683
act or omission is a violation of any state law or any municipal	684
ordinance;	685

(2) To determine the paternity of any child alleged to have	686
been born out of wedlock pursuant to sections 3111.01 to 3111.18	687
of the Revised Code;	688

(3) Under the uniform interstate family support act in	689
Chapter 3115. of the Revised Code;	690

(4) To hear and determine an application for an order for the	691
support of any child, if the child is not a ward of another court	692
of this state;	693

(5) To hear and determine an action commenced under section	694
3111.28 of the Revised Code;	695

(6) To hear and determine a motion filed under section	696
3119.961 of the Revised Code;	697

(7) To receive filings under section 3109.74 of the Revised	698
Code, and to hear and determine actions arising under sections	699
3109.51 to 3109.80 of the Revised Code.	700

(8) To enforce an order for the return of a child made under	701
the Hague Convention on the Civil Aspects of International Child	702
Abduction pursuant to section 3127.32 of the Revised Code;	703

(9) To grant any relief normally available under the laws of	704
this state to enforce a child custody determination made by a	705
court of another state and registered in accordance with section	706
3127.35 of the Revised Code.	707

(C) The juvenile court, except as to juvenile courts that are	708
a separate division of the court of common pleas or a separate and	709
independent juvenile court, has jurisdiction to hear, determine,	710
and make a record of any action for divorce or legal separation	711
that involves the custody or care of children and that is filed in	712
the court of common pleas and certified by the court of common	713
pleas with all the papers filed in the action to the juvenile	714
court for trial, provided that no certification of that nature	715
shall be made to any juvenile court unless the consent of the	716
juvenile judge first is obtained. After a certification of that	717
nature is made and consent is obtained, the juvenile court shall	718
proceed as if the action originally had been begun in that court,	719
except as to awards for spousal support or support due and unpaid	720
at the time of certification, over which the juvenile court has no	721
jurisdiction.	722

(D) The juvenile court, except as provided in divisions (G)	723
and (I) of section 2301.03 of the Revised Code, has jurisdiction	724
to hear and determine all matters as to custody and support of	725
children duly certified by the court of common pleas to the	726
juvenile court after a divorce decree has been granted, including	727
jurisdiction to modify the judgment and decree of the court of	728
common pleas as the same relate to the custody and support of	729
children.	730

(E) The juvenile court, except as provided in divisions (G)	731
and (I) of section 2301.03 of the Revised Code, has jurisdiction	732
to hear and determine the case of any child certified to the court	733
by any court of competent jurisdiction if the child comes within	734
the jurisdiction of the juvenile court as defined by this section.	735

(F)(1) The juvenile court shall exercise its jurisdiction in	736
child custody matters in accordance with sections 3109.04 and	737
3127.01 to 3127.53 of the Revised Code and, as applicable,	738
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	739
Code.	740

(2) The juvenile court shall exercise its jurisdiction in	741
child support matters in accordance with section 3109.05 of the	742
Revised Code.	743

(G) Any juvenile court that makes or modifies an order for	744
child support shall comply with Chapters 3119., 3121., 3123., and	745
3125. of the Revised Code. If any person required to pay child	746
support under an order made by a juvenile court on or after April	747
15, 1985, or modified on or after December 1, 1986, is found in	748
contempt of court for failure to make support payments under the	749
order, the court that makes the finding, in addition to any other	750
penalty or remedy imposed, shall assess all court costs arising	751
out of the contempt proceeding against the person and require the	752
person to pay any reasonable attorney's fees of any adverse party,	753
as determined by the court, that arose in relation to the act of	754
contempt.	755

(H) If a child who is charged with an act that would be an	756
offense if committed by an adult was fourteen years of age or	757
older and under eighteen years of age at the time of the alleged	758
act and if the case is transferred for criminal prosecution	759
pursuant to section 2152.12 of the Revised Code, except as	760
provided in section 2152.121 of the Revised Code, the juvenile	761
court does not have jurisdiction to hear or determine the case	762
subsequent to the transfer. The court to which the case is	763
transferred for criminal prosecution pursuant to that section has	764
jurisdiction subsequent to the transfer to hear and determine the	765
case in the same manner as if the case originally had been	766
commenced in that court, subject to section 2152.121 of the	767
Revised Code, including, but not limited to, jurisdiction to	768
accept a plea of guilty or another plea authorized by Criminal	769
Rule 11 or another section of the Revised Code and jurisdiction to	770
accept a verdict and to enter a judgment of conviction pursuant to	771
the Rules of Criminal Procedure against the child for the	772
commission of the offense that was the basis of the transfer of	773
the case for criminal prosecution, whether the conviction is for	774
the same degree or a lesser degree of the offense charged, for the	775
commission of a lesser-included offense, or for the commission of	776
another offense that is different from the offense charged.	777

(I) If a person under eighteen years of age allegedly commits	778
an act that would be a felony if committed by an adult and if the	779
person is not taken into custody or apprehended for that act until	780
after the person attains twenty-one years of age, the juvenile	781
court does not have jurisdiction to hear or determine any portion	782
of the case charging the person with committing that act. In those	783
circumstances, divisions (A) and (B) of section 2152.12 of the	784
Revised Code do not apply regarding the act, and the case charging	785
the person with committing the act shall be a criminal prosecution	786
commenced and heard in the appropriate court having jurisdiction	787
of the offense as if the person had been eighteen years of age or	788
older when the person committed the act. All proceedings	789
pertaining to the act shall be within the jurisdiction of the	790
court having jurisdiction of the offense, and that court has all	791
the authority and duties in the case that it has in other criminal	792
cases in that court.	793

(J) In exercising its exclusive original jurisdiction under	794
division (A)(16) of this section with respect to any proceedings	795
brought under section 2151.34 or 3113.31 of the Revised Code in	796
which the respondent is a child, the juvenile court retains all	797
dispositionary powers consistent with existing rules of juvenile	798
procedure and may also exercise its discretion to adjudicate	799
proceedings as provided in sections 2151.34 and 3113.31 of the	800
Revised Code, including the issuance of protection orders or the	801
approval of consent agreements under those sections.	802

Sec. 2923.125. (A) This section applies with respect to the	803
application for and issuance by this state of concealed handgun	804
licenses other than concealed handgun licenses on a temporary	805
emergency basis that are issued under section 2923.1213 of the	806
Revised Code. Upon the request of a person who wishes to obtain a	807
concealed handgun license with respect to which this section	808
applies or to renew a concealed handgun license with respect to	809
which this section applies, a sheriff, as provided in division (I)	810
of this section, shall provide to the person free of charge an	811
application form and the web site address at which the pamphlet	812
described in division (B) of section 109.731 of the Revised Code	813
may be found. A sheriff shall accept a completed application form	814
and the fee, items, materials, and information specified in	815
divisions (B)(1) to (5) of this section at the times and in the	816
manners described in division (I) of this section.	817

(B) An applicant for a concealed handgun license with respect	818
to which this section applies shall submit a completed application	819
form and all of the following to the sheriff of the county in	820
which the applicant resides or to the sheriff of any county	821
adjacent to the county in which the applicant resides:	822

(1)(a) A nonrefundable license fee as described in either of	823
the following:	824

(i) For an applicant who has been a resident of this state	825
for five or more years, a fee of sixty-seven dollars;	826

(ii) For an applicant who has been a resident of this state	827
for less than five years, a fee of sixty-seven dollars plus the	828
actual cost of having a background check performed by the federal	829
bureau of investigation.	830

(b) No sheriff shall require an applicant to pay for the cost	831
of a background check performed by the bureau of criminal	832
identification and investigation.	833

(c) A sheriff shall waive the payment of the license fee	834
described in division (B)(1)(a) of this section in connection with	835
an initial or renewal application for a license that is submitted	836
by an applicant who is a retired peace officer, a retired person	837
described in division (B)(1)(b) of section 109.77 of the Revised	838
Code, or a retired federal law enforcement officer who, prior to	839
retirement, was authorized under federal law to carry a firearm in	840
the course of duty, unless the retired peace officer, person, or	841
federal law enforcement officer retired as the result of a mental	842
disability.	843

(d) The sheriff shall deposit all fees paid by an applicant	844
under division (B)(1)(a) of this section into the sheriff's	845
concealed handgun license issuance fund established pursuant to	846
section 311.42 of the Revised Code. The county shall distribute	847
the fees in accordance with section 311.42 of the Revised Code.	848

(2) A color photograph of the applicant that was taken within	849
thirty days prior to the date of the application;	850

(3) One or more of the following competency certifications,	851
each of which shall reflect that, regarding a certification	852
described in division (B)(3)(a), (b), (c), (e), or (f) of this	853
section, within the three years immediately preceding the	854
application the applicant has performed that to which the	855
competency certification relates and that, regarding a	856
certification described in division (B)(3)(d) of this section, the	857
applicant currently is an active or reserve member of the armed	858
forces of the United States or within the six years immediately	859
preceding the application the honorable discharge or retirement to	860
which the competency certification relates occurred:	861

(a) An original or photocopy of a certificate of completion	862
of a firearms safety, training, or requalification or firearms	863
safety instructor course, class, or program that was offered by or	864
under the auspices of the national rifle association and that	865
complies with the requirements set forth in division (G) of this	866
section;	867

(b) An original or photocopy of a certificate of completion	868
of a firearms safety, training, or requalification or firearms	869
safety instructor course, class, or program that satisfies all of	870
the following criteria:	871

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

872

(ii) It utilized qualified instructors who were certified by	873
the national rifle association, the executive director of the Ohio	874
peace officer training commission pursuant to section 109.75 or	875
109.78 of the Revised Code, or a governmental official or entity	876
of another state.	877

(iii) It was offered by or under the auspices of a law	878
enforcement agency of this or another state or the United States,	879
a public or private college, university, or other similar	880
postsecondary educational institution located in this or another	881
state, a firearms training school located in this or another	882
state, or another type of public or private entity or organization	883
located in this or another state.	884

(iv) It complies with the requirements set forth in division	885
(G) of this section.	886

(c) An original or photocopy of a certificate of completion	887
of a state, county, municipal, or department of natural resources	888
peace officer training school that is approved by the executive	889
director of the Ohio peace officer training commission pursuant to	890
section 109.75 of the Revised Code and that complies with the	891
requirements set forth in division (G) of this section, or the	892
applicant has satisfactorily completed and been issued a	893
certificate of completion of a basic firearms training program, a	894
firearms requalification training program, or another basic	895
training program described in section 109.78 or 109.801 of the	896
Revised Code that complies with the requirements set forth in	897
division (G) of this section;	898

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

899

(i) That the applicant is an active or reserve member of the	900
armed forces of the United States, was honorably discharged from	901
military service in the active or reserve armed forces of the	902
United States, is a retired trooper of the state highway patrol,	903
or is a retired peace officer or federal law enforcement officer	904
described in division (B)(1) of this section or a retired person	905
described in division (B)(1)(b) of section 109.77 of the Revised	906
Code and division (B)(1) of this section;	907

(ii) That, through participation in the military service or	908
through the former employment described in division (B)(3)(d)(i)	909
of this section, the applicant acquired experience with handling	910
handguns or other firearms, and the experience so acquired was	911
equivalent to training that the applicant could have acquired in a	912
course, class, or program described in division (B)(3)(a), (b), or	913
(c) of this section.	914

(e) A certificate or another similar document that evidences	915
satisfactory completion of a firearms training, safety, or	916
requalification or firearms safety instructor course, class, or	917
program that is not otherwise described in division (B)(3)(a),	918
(b), (c), or (d) of this section, that was conducted by an	919
instructor who was certified by an official or entity of the	920
government of this or another state or the United States or by the	921
national rifle association, and that complies with the	922
requirements set forth in division (G) of this section;	923

(f) An affidavit that attests to the applicant's satisfactory	924
completion of a course, class, or program described in division	925
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	926
by the applicant's instructor or an authorized representative of	927
the entity that offered the course, class, or program or under	928
whose auspices the course, class, or program was offered.	929

(4) A certification by the applicant that the applicant has	930
read the pamphlet prepared by the Ohio peace officer training	931
commission pursuant to section 109.731 of the Revised Code that	932
reviews firearms, dispute resolution, and use of deadly force	933
matters.	934

(5) A set of fingerprints of the applicant provided as	935
described in section 311.41 of the Revised Code through use of an	936
electronic fingerprint reading device or, if the sheriff to whom	937
the application is submitted does not possess and does not have	938
ready access to the use of such a reading device, on a standard	939
impression sheet prescribed pursuant to division (C)(2) of section	940
109.572 of the Revised Code.	941

(C) Upon receipt of the completed application form,	942
supporting documentation, and, if not waived, license fee of an	943
applicant under this section, a sheriff, in the manner specified	944
in section 311.41 of the Revised Code, shall conduct or cause to	945
be conducted the criminal records check and the incompetency	946
records check described in section 311.41 of the Revised Code.	947

(D)(1) Except as provided in division (D)(3) or (4) of this	948
section, within forty-five days after a sheriff's receipt of an	949
applicant's completed application form for a concealed handgun	950
license under this section, the supporting documentation, and, if	951
not waived, the license fee, the sheriff shall make available	952
through the law enforcement automated data system in accordance	953
with division (H) of this section the information described in	954
that division and, upon making the information available through	955
the system, shall issue to the applicant a concealed handgun	956
license that shall expire as described in division (D)(2)(a) of	957
this section if all of the following apply:	958

(a) The applicant is legally living in the United States, has	959
been a resident of this state for at least forty-five days, and	960
has been a resident of the county in which the person seeks the	961
license or a county adjacent to the county in which the person	962
seeks the license for at least thirty days. For purposes of	963
division (D)(1)(a) of this section:	964

(i) If a person is absent from the United States, from this	965
state, or from a particular county in this state in compliance	966
with military or naval orders as an active or reserve member of	967
the armed forces of the United States and if prior to leaving this	968
state in compliance with those orders the person was legally	969
living in the United States and was a resident of this state, the	970
person, solely by reason of that absence, shall not be considered	971
to have lost the person's status as living in the United States or	972
the person's residence in this state or in the county in which the	973
person was a resident prior to leaving this state in compliance	974
with those orders, without regard to whether or not the person	975
intends to return to this state or to that county, shall not be	976
considered to have acquired a residence in any other state, and	977
shall not be considered to have become a resident of any other	978
state.	979

(ii) If a person is present in this state in compliance with	980
military or naval orders as an active or reserve member of the	981
armed forces of the United States for at least forty-five days,	982
the person shall be considered to have been a resident of this	983
state for that period of at least forty-five days, and, if a	984
person is present in a county of this state in compliance with	985
military or naval orders as an active or reserve member of the	986
armed forces of the United States for at least thirty days, the	987
person shall be considered to have been a resident of that county	988
for that period of at least thirty days.	989

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

990

991

(d) The applicant is not under indictment for or otherwise	992
charged with a felony; an offense under Chapter 2925., 3719., or	993
4729. of the Revised Code that involves the illegal possession,	994
use, sale, administration, or distribution of or trafficking in a	995
drug of abuse; a misdemeanor offense of violence; or a violation	996
of section 2903.14 or 2923.1211 of the Revised Code.	997

(e) Except as otherwise provided in division (D)(5) of this	998
section, the applicant has not been convicted of or pleaded guilty	999
to a felony or an offense under Chapter 2925., 3719., or 4729. of	1000
the Revised Code that involves the illegal possession, use, sale,	1001
administration, or distribution of or trafficking in a drug of	1002
abuse; has not been adjudicated a delinquent child for committing	1003
an act that if committed by an adult would be a felony or would be	1004
an offense under Chapter 2925., 3719., or 4729. of the Revised	1005
Code that involves the illegal possession, use, sale,	1006
administration, or distribution of or trafficking in a drug of	1007
abuse; and has not been convicted of, pleaded guilty to, or	1008
adjudicated a delinquent child for committing a violation of	1009
section 2903.13 of the Revised Code when the victim of the	1010
violation is a peace officer, regardless of whether the applicant	1011
was sentenced under division (C)(4) of that section.	1012

(f) Except as otherwise provided in division (D)(5) of this	1013
section, the applicant, within three years of the date of the	1014
application, has not been convicted of or pleaded guilty to a	1015
misdemeanor offense of violence other than a misdemeanor violation	1016
of section 2921.33 of the Revised Code or a violation of section	1017
2903.13 of the Revised Code when the victim of the violation is a	1018
peace officer, or a misdemeanor violation of section 2923.1211 of	1019
the Revised Code; and has not been adjudicated a delinquent child	1020
for committing an act that if committed by an adult would be a	1021
misdemeanor offense of violence other than a misdemeanor violation	1022
of section 2921.33 of the Revised Code or a violation of section	1023
2903.13 of the Revised Code when the victim of the violation is a	1024
peace officer or for committing an act that if committed by an	1025
adult would be a misdemeanor violation of section 2923.1211 of the	1026
Revised Code.	1027

(g) Except as otherwise provided in division (D)(1)(e) of	1028
this section, the applicant, within five years of the date of the	1029
application, has not been convicted of, pleaded guilty to, or	1030
adjudicated a delinquent child for committing two or more	1031
violations of section 2903.13 or 2903.14 of the Revised Code.	1032

(h) Except as otherwise provided in division (D)(5) of this	1033
section, the applicant, within ten years of the date of the	1034
application, has not been convicted of, pleaded guilty to, or	1035
adjudicated a delinquent child for committing a violation of	1036
section 2921.33 of the Revised Code.	1037

(i) The applicant has not been adjudicated as a mental	1038
defective, has not been committed to any mental institution, is	1039
not under adjudication of mental incompetence, has not been found	1040
by a court to be a mentally ill person subject to ~~hospitalization~~	1041
by court order, and is not an involuntary patient other than one	1042
who is a patient only for purposes of observation. As used in this	1043
division, "mentally ill person subject to ~~hospitalization by~~ court	1044
order" and "patient" have the same meanings as in section 5122.01	1045
of the Revised Code.	1046

(j) The applicant is not currently subject to a civil	1047
protection order, a temporary protection order, or a protection	1048
order issued by a court of another state.	1049

(k) The applicant certifies that the applicant desires a	1050
legal means to carry a concealed handgun for defense of the	1051
applicant or a member of the applicant's family while engaged in	1052
lawful activity.	1053

(l) The applicant submits a competency certification of the	1054
type described in division (B)(3) of this section and submits a	1055
certification of the type described in division (B)(4) of this	1056
section regarding the applicant's reading of the pamphlet prepared	1057
by the Ohio peace officer training commission pursuant to section	1058
109.731 of the Revised Code.	1059

(m) The applicant currently is not subject to a suspension	1060
imposed under division (A)(2) of section 2923.128 of the Revised	1061
Code of a concealed handgun license that previously was issued to	1062
the applicant under this section or section 2923.1213 of the	1063
Revised Code.	1064

(2)(a) A concealed handgun license that a sheriff issues	1065
under division (D)(1) of this section shall expire five years	1066
after the date of issuance.	1067

If a sheriff issues a license under this section, the sheriff	1068
shall place on the license a unique combination of letters and	1069
numbers identifying the license in accordance with the procedure	1070
prescribed by the Ohio peace officer training commission pursuant	1071
to section 109.731 of the Revised Code.	1072

(b) If a sheriff denies an application under this section	1073
because the applicant does not satisfy the criteria described in	1074
division (D)(1) of this section, the sheriff shall specify the	1075
grounds for the denial in a written notice to the applicant. The	1076
applicant may appeal the denial pursuant to section 119.12 of the	1077
Revised Code in the county served by the sheriff who denied the	1078
application. If the denial was as a result of the criminal records	1079
check conducted pursuant to section 311.41 of the Revised Code and	1080
if, pursuant to section 2923.127 of the Revised Code, the	1081
applicant challenges the criminal records check results using the	1082
appropriate challenge and review procedure specified in that	1083
section, the time for filing the appeal pursuant to section 119.12	1084
of the Revised Code and this division is tolled during the	1085
pendency of the request or the challenge and review. If the court	1086
in an appeal under section 119.12 of the Revised Code and this	1087
division enters a judgment sustaining the sheriff's refusal to	1088
grant to the applicant a concealed handgun license, the applicant	1089
may file a new application beginning one year after the judgment	1090
is entered. If the court enters a judgment in favor of the	1091
applicant, that judgment shall not restrict the authority of a	1092
sheriff to suspend or revoke the license pursuant to section	1093
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	1094
the license for any proper cause that may occur after the date the	1095
judgment is entered. In the appeal, the court shall have full	1096
power to dispose of all costs.	1097

(3) If the sheriff with whom an application for a concealed	1098
handgun license was filed under this section becomes aware that	1099
the applicant has been arrested for or otherwise charged with an	1100
offense that would disqualify the applicant from holding the	1101
license, the sheriff shall suspend the processing of the	1102
application until the disposition of the case arising from the	1103
arrest or charge.	1104

(4) If the sheriff determines that the applicant is legally	1105
living in the United States and is a resident of the county in	1106
which the applicant seeks the license or of an adjacent county but	1107
does not yet meet the residency requirements described in division	1108
(D)(1)(a) of this section, the sheriff shall not deny the license	1109
because of the residency requirements but shall not issue the	1110
license until the applicant meets those residency requirements.	1111

(5) If an applicant has been convicted of or pleaded guilty	1112
to an offense identified in division (D)(1)(e), (f), or (h) of	1113
this section or has been adjudicated a delinquent child for	1114
committing an act or violation identified in any of those	1115
divisions, and if a court has ordered the sealing or expungement	1116
of the records of that conviction, guilty plea, or adjudication	1117
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	1118
2953.36, or section 2953.37 of the Revised Code or a court has	1119
granted the applicant relief pursuant to section 2923.14 of the	1120
Revised Code from the disability imposed pursuant to section	1121
2923.13 of the Revised Code relative to that conviction, guilty	1122
plea, or adjudication, the sheriff with whom the application was	1123
submitted shall not consider the conviction, guilty plea, or	1124
adjudication in making a determination under division (D)(1) or	1125
(F) of this section or, in relation to an application for a	1126
concealed handgun license on a temporary emergency basis submitted	1127
under section 2923.1213 of the Revised Code, in making a	1128
determination under division (B)(2) of that section.	1129

(E) If a concealed handgun license issued under this section	1130
is lost or is destroyed, the licensee may obtain from the sheriff	1131
who issued that license a duplicate license upon the payment of a	1132
fee of fifteen dollars and the submission of an affidavit	1133
attesting to the loss or destruction of the license. The sheriff,	1134
in accordance with the procedures prescribed in section 109.731 of	1135
the Revised Code, shall place on the replacement license a	1136
combination of identifying numbers different from the combination	1137
on the license that is being replaced.	1138

(F)(1) A licensee who wishes to renew a concealed handgun	1139
license issued under this section shall do so not earlier than	1140
ninety days before the expiration date of the license or at any	1141
time after the expiration date of the license by filing with the	1142
sheriff of the county in which the applicant resides or with the	1143
sheriff of an adjacent county an application for renewal of the	1144
license obtained pursuant to division (D) of this section, a	1145
certification by the applicant that, subsequent to the issuance of	1146
the license, the applicant has reread the pamphlet prepared by the	1147
Ohio peace officer training commission pursuant to section 109.731	1148
of the Revised Code that reviews firearms, dispute resolution, and	1149
use of deadly force matters, and a nonrefundable license renewal	1150
fee in an amount determined pursuant to division (F)(4) of this	1151
section unless the fee is waived.	1152

(2) A sheriff shall accept a completed renewal application,	1153
the license renewal fee, and the information specified in division	1154
(F)(1) of this section at the times and in the manners described	1155
in division (I) of this section. Upon receipt of a completed	1156
renewal application, of certification that the applicant has	1157
reread the specified pamphlet prepared by the Ohio peace officer	1158
training commission, and of a license renewal fee unless the fee	1159
is waived, a sheriff, in the manner specified in section 311.41 of	1160
the Revised Code shall conduct or cause to be conducted the	1161
criminal records check and the incompetency records check	1162
described in section 311.41 of the Revised Code. The sheriff shall	1163
renew the license if the sheriff determines that the applicant	1164
continues to satisfy the requirements described in division (D)(1)	1165
of this section, except that the applicant is not required to meet	1166
the requirements of division (D)(1)(l) of this section. A renewed	1167
license shall expire five years after the date of issuance. A	1168
renewed license is subject to division (E) of this section and	1169
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	1170
shall comply with divisions (D)(2) to (4) of this section when the	1171
circumstances described in those divisions apply to a requested	1172
license renewal. If a sheriff denies the renewal of a concealed	1173
handgun license, the applicant may appeal the denial, or challenge	1174
the criminal record check results that were the basis of the	1175
denial if applicable, in the same manner as specified in division	1176
(D)(2)(b) of this section and in section 2923.127 of the Revised	1177
Code, regarding the denial of a license under this section.	1178

(3) A renewal application submitted pursuant to division (F)	1179
of this section shall only require the licensee to list on the	1180
application form information and matters occurring since the date	1181
of the licensee's last application for a license pursuant to	1182
division (B) or (F) of this section. A sheriff conducting the	1183
criminal records check and the incompetency records check	1184
described in section 311.41 of the Revised Code shall conduct the	1185
check only from the date of the licensee's last application for a	1186
license pursuant to division (B) or (F) of this section through	1187
the date of the renewal application submitted pursuant to division	1188
(F) of this section.	1189

(4) An applicant for a renewal concealed handgun license	1190
under this section shall submit to the sheriff of the county in	1191
which the applicant resides or to the sheriff of any county	1192
adjacent to the county in which the applicant resides a	1193
nonrefundable license fee as described in either of the following:	1194

(a) For an applicant who has been a resident of this state	1195
for five or more years, a fee of fifty dollars;	1196

(b) For an applicant who has been a resident of this state	1197
for less than five years, a fee of fifty dollars plus the actual	1198
cost of having a background check performed by the federal bureau	1199
of investigation.	1200

(G)(1) Each course, class, or program described in division	1201
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	1202
person who takes the course, class, or program the web site	1203
address at which the pamphlet prepared by the Ohio peace officer	1204
training commission pursuant to section 109.731 of the Revised	1205
Code that reviews firearms, dispute resolution, and use of deadly	1206
force matters may be found. Each such course, class, or program	1207
described in one of those divisions shall include at least twelve	1208
hours of training in the safe handling and use of a firearm that	1209
shall include all of the following:	1210

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

1211

(i) The ability to name, explain, and demonstrate the rules	1212
for safe handling of a handgun and proper storage practices for	1213
handguns and ammunition;	1214

(ii) The ability to demonstrate and explain how to handle	1215
ammunition in a safe manner;	1216

(iii) The ability to demonstrate the knowledge, skills, and	1217
attitude necessary to shoot a handgun in a safe manner;	1218

(iv) Gun handling training.

1219

(b) At least two hours of training that consists of range	1220
time and live-fire training.	1221

(2) To satisfactorily complete the course, class, or program	1222
described in division (B)(3)(a), (b), (c), or (e) of this section,	1223
the applicant shall pass a competency examination that shall	1224
include both of the following:	1225

(a) A written section on the ability to name and explain the	1226
rules for the safe handling of a handgun and proper storage	1227
practices for handguns and ammunition;	1228

(b) A physical demonstration of competence in the use of a	1229
handgun and in the rules for safe handling and storage of a	1230
handgun and a physical demonstration of the attitude necessary to	1231
shoot a handgun in a safe manner.	1232

(3) The competency certification described in division	1233
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1234
shall attest that the course, class, or program the applicant	1235
successfully completed met the requirements described in division	1236
(G)(1) of this section and that the applicant passed the	1237
competency examination described in division (G)(2) of this	1238
section.	1239

(H) Upon deciding to issue a concealed handgun license,	1240
deciding to issue a replacement concealed handgun license, or	1241
deciding to renew a concealed handgun license pursuant to this	1242
section, and before actually issuing or renewing the license, the	1243
sheriff shall make available through the law enforcement automated	1244
data system all information contained on the license. If the	1245
license subsequently is suspended under division (A)(1) or (2) of	1246
section 2923.128 of the Revised Code, revoked pursuant to division	1247
(B)(1) of section 2923.128 of the Revised Code, or lost or	1248
destroyed, the sheriff also shall make available through the law	1249
enforcement automated data system a notation of that fact. The	1250
superintendent of the state highway patrol shall ensure that the	1251
law enforcement automated data system is so configured as to	1252
permit the transmission through the system of the information	1253
specified in this division.	1254

(I) A sheriff shall accept a completed application form or	1255
renewal application, and the fee, items, materials, and	1256
information specified in divisions (B)(1) to (5) or division (F)	1257
of this section, whichever is applicable, and shall provide an	1258
application form or renewal application to any person during at	1259
least fifteen hours a week and shall provide the web site address	1260
at which the pamphlet described in division (B) of section 109.731	1261
of the Revised Code may be found at any time, upon request. The	1262
sheriff shall post notice of the hours during which the sheriff is	1263
available to accept or provide the information described in this	1264
division.	1265

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

1266

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

1267

(a) A statement sworn by the person seeking to carry a	1268
concealed handgun that is made under threat of perjury and that	1269
states that the person has reasonable cause to fear a criminal	1270
attack upon the person or a member of the person's family, such as	1271
would justify a prudent person in going armed;	1272

(b) A written document prepared by a governmental entity or	1273
public official describing the facts that give the person seeking	1274
to carry a concealed handgun reasonable cause to fear a criminal	1275
attack upon the person or a member of the person's family, such as	1276
would justify a prudent person in going armed. Written documents	1277
of this nature include, but are not limited to, any temporary	1278
protection order, civil protection order, protection order issued	1279
by another state, or other court order, any court report, and any	1280
report filed with or made by a law enforcement agency or	1281
prosecutor.	1282

(2) "Prosecutor" has the same meaning as in section 2935.01	1283
of the Revised Code.	1284

(B)(1) A person seeking a concealed handgun license on a	1285
temporary emergency basis shall submit to the sheriff of the	1286
county in which the person resides all of the following:	1287

(a) Evidence of imminent danger to the person or a member of	1288
the person's family;	1289

(b) A sworn affidavit that contains all of the information	1290
required to be on the license and attesting that the person is	1291
legally living in the United States; is at least twenty-one years	1292
of age; is not a fugitive from justice; is not under indictment	1293
for or otherwise charged with an offense identified in division	1294
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1295
convicted of or pleaded guilty to an offense, and has not been	1296
adjudicated a delinquent child for committing an act, identified	1297
in division (D)(1)(e) of that section and to which division (B)(3)	1298
of this section does not apply; within three years of the date of	1299
the submission, has not been convicted of or pleaded guilty to an	1300
offense, and has not been adjudicated a delinquent child for	1301
committing an act, identified in division (D)(1)(f) of that	1302
section and to which division (B)(3) of this section does not	1303
apply; within five years of the date of the submission, has not	1304
been convicted of, pleaded guilty, or adjudicated a delinquent	1305
child for committing two or more violations identified in division	1306
(D)(1)(g) of that section; within ten years of the date of the	1307
submission, has not been convicted of, pleaded guilty, or	1308
adjudicated a delinquent child for committing a violation	1309
identified in division (D)(1)(h) of that section and to which	1310
division (B)(3) of this section does not apply; has not been	1311
adjudicated as a mental defective, has not been committed to any	1312
mental institution, is not under adjudication of mental	1313
incompetence, has not been found by a court to be a mentally ill	1314
person subject to ~~hospitalization by~~ court order, and is not an	1315
involuntary patient other than one who is a patient only for	1316
purposes of observation, as described in division (D)(1)(i) of	1317
that section; is not currently subject to a civil protection	1318
order, a temporary protection order, or a protection order issued	1319
by a court of another state, as described in division (D)(1)(j) of	1320
that section; and is not currently subject to a suspension imposed	1321
under division (A)(2) of section 2923.128 of the Revised Code of a	1322
concealed handgun license that previously was issued to the	1323
person;	1324

(c) A nonrefundable temporary emergency license fee as	1325
described in either of the following:	1326

(i) For an applicant who has been a resident of this state	1327
for five or more years, a fee of fifteen dollars plus the actual	1328
cost of having a background check performed by the bureau of	1329
criminal identification and investigation pursuant to section	1330
311.41 of the Revised Code;	1331

(ii) For an applicant who has been a resident of this state	1332
for less than five years, a fee of fifteen dollars plus the actual	1333
cost of having background checks performed by the federal bureau	1334
of investigation and the bureau of criminal identification and	1335
investigation pursuant to section 311.41 of the Revised Code.	1336

(d) A set of fingerprints of the applicant provided as	1337
described in section 311.41 of the Revised Code through use of an	1338
electronic fingerprint reading device or, if the sheriff to whom	1339
the application is submitted does not possess and does not have	1340
ready access to the use of an electronic fingerprint reading	1341
device, on a standard impression sheet prescribed pursuant to	1342
division (C)(2) of section 109.572 of the Revised Code. If the	1343
fingerprints are provided on a standard impression sheet, the	1344
person also shall provide the person's social security number to	1345
the sheriff.	1346

(2) A sheriff shall accept the evidence of imminent danger,	1347
the sworn affidavit, the fee, and the set of fingerprints required	1348
under division (B)(1) of this section at the times and in the	1349
manners described in division (I) of this section. Upon receipt of	1350
the evidence of imminent danger, the sworn affidavit, the fee, and	1351
the set of fingerprints required under division (B)(1) of this	1352
section, the sheriff, in the manner specified in section 311.41 of	1353
the Revised Code, immediately shall conduct or cause to be	1354
conducted the criminal records check and the incompetency records	1355
check described in section 311.41 of the Revised Code. Immediately	1356
upon receipt of the results of the records checks, the sheriff	1357
shall review the information and shall determine whether the	1358
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1359
section 2923.125 of the Revised Code apply regarding the person.	1360
If the sheriff determines that all of criteria set forth in	1361
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1362
Revised Code apply regarding the person, the sheriff shall	1363
immediately make available through the law enforcement automated	1364
data system all information that will be contained on the	1365
temporary emergency license for the person if one is issued, and	1366
the superintendent of the state highway patrol shall ensure that	1367
the system is so configured as to permit the transmission through	1368
the system of that information. Upon making that information	1369
available through the law enforcement automated data system, the	1370
sheriff shall immediately issue to the person a concealed handgun	1371
license on a temporary emergency basis.	1372

If the sheriff denies the issuance of a license on a	1373
temporary emergency basis to the person, the sheriff shall specify	1374
the grounds for the denial in a written notice to the person. The	1375
person may appeal the denial, or challenge criminal records check	1376
results that were the basis of the denial if applicable, in the	1377
same manners specified in division (D)(2) of section 2923.125 and	1378
in section 2923.127 of the Revised Code, regarding the denial of	1379
an application for a concealed handgun license under that section.	1380

The license on a temporary emergency basis issued under this	1381
division shall be in the form, and shall include all of the	1382
information, described in divisions (A)(2) and (5) of section	1383
109.731 of the Revised Code, and also shall include a unique	1384
combination of identifying letters and numbers in accordance with	1385
division (A)(4) of that section.	1386

The license on a temporary emergency basis issued under this	1387
division is valid for ninety days and may not be renewed. A person	1388
who has been issued a license on a temporary emergency basis under	1389
this division shall not be issued another license on a temporary	1390
emergency basis unless at least four years has expired since the	1391
issuance of the prior license on a temporary emergency basis.	1392

(3) If a person seeking a concealed handgun license on a	1393
temporary emergency basis has been convicted of or pleaded guilty	1394
to an offense identified in division (D)(1)(e), (f), or (h) of	1395
section 2923.125 of the Revised Code or has been adjudicated a	1396
delinquent child for committing an act or violation identified in	1397
any of those divisions, and if a court has ordered the sealing or	1398
expungement of the records of that conviction, guilty plea, or	1399
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1400
2953.31 to 2953.36 of the Revised Code or a court has granted the	1401
applicant relief pursuant to section 2923.14 of the Revised Code	1402
from the disability imposed pursuant to section 2923.13 of the	1403
Revised Code relative to that conviction, guilty plea, or	1404
adjudication, the conviction, guilty plea, or adjudication shall	1405
not be relevant for purposes of the sworn affidavit described in	1406
division (B)(1)(b) of this section, and the person may complete,	1407
and swear to the truth of, the affidavit as if the conviction,	1408
guilty plea, or adjudication never had occurred.	1409

(4) The sheriff shall waive the payment pursuant to division	1410
(B)(1)(c) of this section of the license fee in connection with an	1411
application that is submitted by an applicant who is a retired	1412
peace officer, a retired person described in division (B)(1)(b) of	1413
section 109.77 of the Revised Code, or a retired federal law	1414
enforcement officer who, prior to retirement, was authorized under	1415
federal law to carry a firearm in the course of duty, unless the	1416
retired peace officer, person, or federal law enforcement officer	1417
retired as the result of a mental disability.	1418

The sheriff shall deposit all fees paid by an applicant under	1419
division (B)(1)(c) of this section into the sheriff's concealed	1420
handgun license issuance fund established pursuant to section	1421
311.42 of the Revised Code.	1422

(C) A person who holds a concealed handgun license on a	1423
temporary emergency basis has the same right to carry a concealed	1424
handgun as a person who was issued a concealed handgun license	1425
under section 2923.125 of the Revised Code, and any exceptions to	1426
the prohibitions contained in section 1547.69 and sections 2923.12	1427
to 2923.16 of the Revised Code for a licensee under section	1428
2923.125 of the Revised Code apply to a licensee under this	1429
section. The person is subject to the same restrictions, and to	1430
all other procedures, duties, and sanctions, that apply to a	1431
person who carries a license issued under section 2923.125 of the	1432
Revised Code, other than the license renewal procedures set forth	1433
in that section.	1434

(D) A sheriff who issues a concealed handgun license on a	1435
temporary emergency basis under this section shall not require a	1436
person seeking to carry a concealed handgun in accordance with	1437
this section to submit a competency certificate as a prerequisite	1438
for issuing the license and shall comply with division (H) of	1439
section 2923.125 of the Revised Code in regards to the license.	1440
The sheriff shall suspend or revoke the license in accordance with	1441
section 2923.128 of the Revised Code. In addition to the	1442
suspension or revocation procedures set forth in section 2923.128	1443
of the Revised Code, the sheriff may revoke the license upon	1444
receiving information, verifiable by public documents, that the	1445
person is not eligible to possess a firearm under either the laws	1446
of this state or of the United States or that the person committed	1447
perjury in obtaining the license; if the sheriff revokes a license	1448
under this additional authority, the sheriff shall notify the	1449
person, by certified mail, return receipt requested, at the	1450
person's last known residence address that the license has been	1451
revoked and that the person is required to surrender the license	1452
at the sheriff's office within ten days of the date on which the	1453
notice was mailed. Division (H) of section 2923.125 of the Revised	1454
Code applies regarding any suspension or revocation of a concealed	1455
handgun license on a temporary emergency basis.	1456

(E) A sheriff who issues a concealed handgun license on a	1457
temporary emergency basis under this section shall retain, for the	1458
entire period during which the license is in effect, the evidence	1459
of imminent danger that the person submitted to the sheriff and	1460
that was the basis for the license, or a copy of that evidence, as	1461
appropriate.	1462

(F) If a concealed handgun license on a temporary emergency	1463
basis issued under this section is lost or is destroyed, the	1464
licensee may obtain from the sheriff who issued that license a	1465
duplicate license upon the payment of a fee of fifteen dollars and	1466
the submission of an affidavit attesting to the loss or	1467
destruction of the license. The sheriff, in accordance with the	1468
procedures prescribed in section 109.731 of the Revised Code,	1469
shall place on the replacement license a combination of	1470
identifying numbers different from the combination on the license	1471
that is being replaced.	1472

(G) The Ohio peace officer training commission shall	1473
prescribe, and shall make available to sheriffs, a standard form	1474
to be used under division (B) of this section by a person who	1475
applies for a concealed handgun license on a temporary emergency	1476
basis on the basis of imminent danger of a type described in	1477
division (A)(1)(a) of this section.	1478

(H) A sheriff who receives any fees paid by a person under	1479
this section shall deposit all fees so paid into the sheriff's	1480
concealed handgun license issuance expense fund established under	1481
section 311.42 of the Revised Code.	1482

(I) A sheriff shall accept evidence of imminent danger, a	1483
sworn affidavit, the fee, and the set of fingerprints specified in	1484
division (B)(1) of this section at any time during normal business	1485
hours. In no case shall a sheriff require an appointment, or	1486
designate a specific period of time, for the submission or	1487
acceptance of evidence of imminent danger, a sworn affidavit, the	1488
fee, and the set of fingerprints specified in division (B)(1) of	1489
this section, or for the provision to any person of a standard	1490
form to be used for a person to apply for a concealed handgun	1491
license on a temporary emergency basis.	1492

Sec. 2923.13. (A) Unless relieved from disability as	1493
provided in section 2923.14 of the Revised Code, no person shall	1494
knowingly acquire, have, carry, or use any firearm or dangerous	1495
ordnance, if any of the following apply:	1496

(1) The person is a fugitive from justice.

1497

(2) The person is under indictment for or has been convicted	1498
of any felony offense of violence or has been adjudicated a	1499
delinquent child for the commission of an offense that, if	1500
committed by an adult, would have been a felony offense of	1501
violence.	1502

(3) The person is under indictment for or has been convicted	1503
of any felony offense involving the illegal possession, use, sale,	1504
administration, distribution, or trafficking in any drug of abuse	1505
or has been adjudicated a delinquent child for the commission of	1506
an offense that, if committed by an adult, would have been a	1507
felony offense involving the illegal possession, use, sale,	1508
administration, distribution, or trafficking in any drug of abuse.	1509

(4) The person is drug dependent, in danger of drug	1510
dependence, or a chronic alcoholic.	1511

(5) The person is under adjudication of mental incompetence,	1512
has been adjudicated as a mental defective, has been committed to	1513
a mental institution, has been found by a court to be a mentally	1514
ill person subject to ~~hospitalization by~~ court order, or is an	1515
involuntary patient other than one who is a patient only for	1516
purposes of observation. As used in this division, "mentally ill	1517
person subject to ~~hospitalization by~~ court order" and "patient"	1518
have the same meanings as in section 5122.01 of the Revised Code.	1519

(B) Whoever violates this section is guilty of having weapons	1520
while under disability, a felony of the third degree.	1521

Sec. 2945.37. (A) As used in sections 2945.37 to 2945.402 of	1522
the Revised Code:	1523

(1) "Prosecutor" means a prosecuting attorney or a city	1524
director of law, village solicitor, or similar chief legal officer	1525
of a municipal corporation who has authority to prosecute a	1526
criminal case that is before the court or the criminal case in	1527
which a defendant in a criminal case has been found incompetent to	1528
stand trial or not guilty by reason of insanity.	1529

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

1530

(a) A psychiatrist or a licensed clinical psychologist who	1531
satisfies the criteria of division (I) of section 5122.01 of the	1532
Revised Code or is employed by a certified forensic center	1533
designated by the department of mental health and addiction	1534
services to conduct examinations or evaluations.	1535

(b) For purposes of a separate mental retardation evaluation	1536
that is ordered by a court pursuant to division (H) of section	1537
2945.371 of the Revised Code, a psychologist designated by the	1538
director of developmental disabilities pursuant to that section to	1539
conduct that separate mental retardation evaluation.	1540

(3) "Nonsecured status" means any unsupervised, off-grounds	1541
movement or trial visit from a hospital or institution, or any	1542
conditional release, that is granted to a person who is found	1543
incompetent to stand trial and is committed pursuant to section	1544
2945.39 of the Revised Code or to a person who is found not guilty	1545
by reason of insanity and is committed pursuant to section 2945.40	1546
of the Revised Code.	1547

(4) "Unsupervised, off-grounds movement" includes only	1548
off-grounds privileges that are unsupervised and that have an	1549
expectation of return to the hospital or institution on a daily	1550
basis.	1551

(5) "Trial visit" means a patient privilege of a longer	1552
stated duration of unsupervised community contact with an	1553
expectation of return to the hospital or institution at designated	1554
times.	1555

(6) "Conditional release" means a commitment status under	1556
which the trial court at any time may revoke a person's	1557
conditional release and order the rehospitalization or	1558
reinstitutionalization of the person as described in division (A)	1559
of section 2945.402 of the Revised Code and pursuant to which a	1560
person who is found incompetent to stand trial or a person who is	1561
found not guilty by reason of insanity lives and receives	1562
treatment in the community for a period of time that does not	1563
exceed the maximum prison term or term of imprisonment that the	1564
person could have received for the offense in question had the	1565
person been convicted of the offense instead of being found	1566
incompetent to stand trial on the charge of the offense or being	1567
found not guilty by reason of insanity relative to the offense.	1568

(7) "Licensed clinical psychologist," "mentally ill person	1569
subject to ~~hospitalization by~~ court order," and "psychiatrist"	1570
have the same meanings as in section 5122.01 of the Revised Code.	1571

(8) "Mentally retarded person subject to institutionalization	1572
by court order" has the same meaning as in section 5123.01 of the	1573
Revised Code.	1574

(B) In a criminal action in a court of common pleas, a county	1575
court, or a municipal court, the court, prosecutor, or defense may	1576
raise the issue of the defendant's competence to stand trial. If	1577
the issue is raised before the trial has commenced, the court	1578
shall hold a hearing on the issue as provided in this section. If	1579
the issue is raised after the trial has commenced, the court shall	1580
hold a hearing on the issue only for good cause shown or on the	1581
court's own motion.	1582

(C) The court shall conduct the hearing required or	1583
authorized under division (B) of this section within thirty days	1584
after the issue is raised, unless the defendant has been referred	1585
for evaluation in which case the court shall conduct the hearing	1586
within ten days after the filing of the report of the evaluation	1587
or, in the case of a defendant who is ordered by the court	1588
pursuant to division (H) of section 2945.371 of the Revised Code	1589
to undergo a separate mental retardation evaluation conducted by a	1590
psychologist designated by the director of developmental	1591
disabilities, within ten days after the filing of the report of	1592
the separate mental retardation evaluation under that division. A	1593
hearing may be continued for good cause.	1594

(D) The defendant shall be represented by counsel at the	1595
hearing conducted under division (C) of this section. If the	1596
defendant is unable to obtain counsel, the court shall appoint	1597
counsel under Chapter 120. of the Revised Code or under the	1598
authority recognized in division (C) of section 120.06, division	1599
(E) of section 120.16, division (E) of section 120.26, or section	1600
2941.51 of the Revised Code before proceeding with the hearing.	1601

(E) The prosecutor and defense counsel may submit evidence on	1602
the issue of the defendant's competence to stand trial. A written	1603
report of the evaluation of the defendant may be admitted into	1604
evidence at the hearing by stipulation, but, if either the	1605
prosecution or defense objects to its admission, the report may be	1606
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1607
any other applicable statute or rule.	1608

(F) The court shall not find a defendant incompetent to stand	1609
trial solely because the defendant is receiving or has received	1610
treatment as a voluntary or involuntary mentally ill patient under	1611
Chapter 5122. or a voluntary or involuntary mentally retarded	1612
resident under Chapter 5123. of the Revised Code or because the	1613
defendant is receiving or has received psychotropic drugs or other	1614
medication, even if the defendant might become incompetent to	1615
stand trial without the drugs or medication.	1616

(G) A defendant is presumed to be competent to stand trial.	1617
If, after a hearing, the court finds by a preponderance of the	1618
evidence that, because of the defendant's present mental	1619
condition, the defendant is incapable of understanding the nature	1620
and objective of the proceedings against the defendant or of	1621
assisting in the defendant's defense, the court shall find the	1622
defendant incompetent to stand trial and shall enter an order	1623
authorized by section 2945.38 of the Revised Code.	1624

(H) Municipal courts shall follow the procedures set forth in	1625
sections 2945.37 to 2945.402 of the Revised Code. Except as	1626
provided in section 2945.371 of the Revised Code, a municipal	1627
court shall not order an evaluation of the defendant's competence	1628
to stand trial or the defendant's mental condition at the time of	1629
the commission of the offense to be conducted at any hospital	1630
operated by the department of mental health and addiction	1631
services. Those evaluations shall be performed through community	1632
resources including, but not limited to, certified forensic	1633
centers, court probation departments, and community mental health	1634
services providers. All expenses of the evaluations shall be borne	1635
by the legislative authority of the municipal court, as defined in	1636
section 1901.03 of the Revised Code, and shall be taxed as costs	1637
in the case. If a defendant is found incompetent to stand trial or	1638
not guilty by reason of insanity, a municipal court may commit the	1639
defendant as provided in sections 2945.38 to 2945.402 of the	1640
Revised Code.	1641

Sec. 2945.38. (A) If the issue of a defendant's competence	1642
to stand trial is raised and if the court, upon conducting the	1643
hearing provided for in section 2945.37 of the Revised Code, finds	1644
that the defendant is competent to stand trial, the defendant	1645
shall be proceeded against as provided by law. If the court finds	1646
the defendant competent to stand trial and the defendant is	1647
receiving psychotropic drugs or other medication, the court may	1648
authorize the continued administration of the drugs or medication	1649
or other appropriate treatment in order to maintain the	1650
defendant's competence to stand trial, unless the defendant's	1651
attending physician advises the court against continuation of the	1652
drugs, other medication, or treatment.	1653

(B)(1)(a) If, after taking into consideration all relevant	1654
reports, information, and other evidence, the court finds that the	1655
defendant is incompetent to stand trial and that there is a	1656
substantial probability that the defendant will become competent	1657
to stand trial within one year if the defendant is provided with a	1658
course of treatment, the court shall order the defendant to	1659
undergo treatment. If the defendant has been charged with a felony	1660
offense and if, after taking into consideration all relevant	1661
reports, information, and other evidence, the court finds that the	1662
defendant is incompetent to stand trial, but the court is unable	1663
at that time to determine whether there is a substantial	1664
probability that the defendant will become competent to stand	1665
trial within one year if the defendant is provided with a course	1666
of treatment, the court shall order continuing evaluation and	1667
treatment of the defendant for a period not to exceed four months	1668
to determine whether there is a substantial probability that the	1669
defendant will become competent to stand trial within one year if	1670
the defendant is provided with a course of treatment.	1671

(b) The court order for the defendant to undergo treatment or	1672
continuing evaluation and treatment under division (B)(1)(a) of	1673
this section shall specify that the defendant, if determined to	1674
require mental health treatment or continuing evaluation and	1675
treatment, either shall be committed to the department of mental	1676
health and addiction services for treatment or continuing	1677
evaluation and treatment at a hospital, facility, or agency, as	1678
determined to be clinically appropriate by the department of	1679
mental health and addiction services or shall be committed to a	1680
facility certified by the department of mental health and	1681
addiction services as being qualified to treat mental illness, to	1682
a public or community mental health facility, or to a psychiatrist	1683
or another mental health professional for treatment or continuing	1684
evaluation and treatment. Prior to placing the defendant, the	1685
department of mental health and addiction services shall obtain	1686
court approval for that placement following a hearing. The court	1687
order for the defendant to undergo treatment or continuing	1688
evaluation and treatment under division (B)(1)(a) of this section	1689
shall specify that the defendant, if determined to require	1690
treatment or continuing evaluation and treatment for mental	1691
retardation, shall receive treatment or continuing evaluation and	1692
treatment at an institution or facility operated by the department	1693
of developmental disabilities, at a facility certified by the	1694
department of developmental disabilities as being qualified to	1695
treat mental retardation, at a public or private mental	1696
retardation facility, or by a psychiatrist or another mental	1697
retardation professional. In any case, the order may restrict the	1698
defendant's freedom of movement as the court considers necessary.	1699
The prosecutor in the defendant's case shall send to the chief	1700
clinical officer of the hospital, facility, or agency where the	1701
defendant is placed by the department of mental health and	1702
addiction services, or to the managing officer of the institution,	1703
the director of the program or facility, or the person to which	1704
the defendant is committed, copies of relevant police reports and	1705
other background information that pertains to the defendant and is	1706
available to the prosecutor unless the prosecutor determines that	1707
the release of any of the information in the police reports or any	1708
of the other background information to unauthorized persons would	1709
interfere with the effective prosecution of any person or would	1710
create a substantial risk of harm to any person.	1711

In determining the place of commitment, the court shall	1712
consider the extent to which the person is a danger to the person	1713
and to others, the need for security, and the type of crime	1714
involved and shall order the least restrictive alternative	1715
available that is consistent with public safety and treatment	1716
goals. In weighing these factors, the court shall give preference	1717
to protecting public safety.	1718

(c) If the defendant is found incompetent to stand trial, if	1719
the chief clinical officer of the hospital, facility, or agency	1720
where the defendant is placed, or the managing officer of the	1721
institution, the director of the program or facility, or the	1722
person to which the defendant is committed for treatment or	1723
continuing evaluation and treatment under division (B)(1)(b) of	1724
this section determines that medication is necessary to restore	1725
the defendant's competency to stand trial, and if the defendant	1726
lacks the capacity to give informed consent or refuses medication,	1727
the chief clinical officer of the hospital, facility, or agency	1728
where the defendant is placed, or the managing officer of the	1729
institution, the director of the program or facility, or the	1730
person to which the defendant is committed for treatment or	1731
continuing evaluation and treatment may petition the court for	1732
authorization for the involuntary administration of medication.	1733
The court shall hold a hearing on the petition within five days of	1734
the filing of the petition if the petition was filed in a	1735
municipal court or a county court regarding an incompetent	1736
defendant charged with a misdemeanor or within ten days of the	1737
filing of the petition if the petition was filed in a court of	1738
common pleas regarding an incompetent defendant charged with a	1739
felony offense. Following the hearing, the court may authorize the	1740
involuntary administration of medication or may dismiss the	1741
petition.	1742

(2) If the court finds that the defendant is incompetent to	1743
stand trial and that, even if the defendant is provided with a	1744
course of treatment, there is not a substantial probability that	1745
the defendant will become competent to stand trial within one	1746
year, the court shall order the discharge of the defendant, unless	1747
upon motion of the prosecutor or on its own motion, the court	1748
either seeks to retain jurisdiction over the defendant pursuant to	1749
section 2945.39 of the Revised Code or files an affidavit in the	1750
probate court for the civil commitment of the defendant pursuant	1751
to Chapter 5122. or 5123. of the Revised Code alleging that the	1752
defendant is a mentally ill person subject to ~~hospitalization by~~	1753
court order or a mentally retarded person subject to	1754
institutionalization by court order. If an affidavit is filed in	1755
the probate court, the trial court shall send to the probate court	1756
copies of all written reports of the defendant's mental condition	1757
that were prepared pursuant to section 2945.371 of the Revised	1758
Code.	1759

The trial court may issue the temporary order of detention	1760
that a probate court may issue under section 5122.11 or 5123.71 of	1761
the Revised Code, to remain in effect until the probable cause or	1762
initial hearing in the probate court. Further proceedings in the	1763
probate court are civil proceedings governed by Chapter 5122. or	1764
5123. of the Revised Code.	1765

(C) No defendant shall be required to undergo treatment,	1766
including any continuing evaluation and treatment, under division	1767
(B)(1) of this section for longer than whichever of the following	1768
periods is applicable:	1769

(1) One year, if the most serious offense with which the	1770
defendant is charged is one of the following offenses:	1771

(a) Aggravated murder, murder, or an offense of violence for	1772
which a sentence of death or life imprisonment may be imposed;	1773

(b) An offense of violence that is a felony of the first or	1774
second degree;	1775

(c) A conspiracy to commit, an attempt to commit, or	1776
complicity in the commission of an offense described in division	1777
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	1778
complicity is a felony of the first or second degree.	1779

(2) Six months, if the most serious offense with which the	1780
defendant is charged is a felony other than a felony described in	1781
division (C)(1) of this section;	1782

(3) Sixty days, if the most serious offense with which the	1783
defendant is charged is a misdemeanor of the first or second	1784
degree;	1785

(4) Thirty days, if the most serious offense with which the	1786
defendant is charged is a misdemeanor of the third or fourth	1787
degree, a minor misdemeanor, or an unclassified misdemeanor.	1788

(D) Any defendant who is committed pursuant to this section	1789
shall not voluntarily admit the defendant or be voluntarily	1790
admitted to a hospital or institution pursuant to section 5122.02,	1791
5122.15, 5123.69, or 5123.76 of the Revised Code.	1792

(E) Except as otherwise provided in this division, a	1793
defendant who is charged with an offense and is committed by the	1794
court under this section to the department of mental health and	1795
addiction services or is committed to an institution or facility	1796
for the treatment of mental retardation shall not be granted	1797
unsupervised on-grounds movement, supervised off-grounds movement,	1798
or nonsecured status except in accordance with the court order.	1799
The court may grant a defendant supervised off-grounds movement to	1800
obtain medical treatment or specialized habilitation treatment	1801
services if the person who supervises the treatment or the	1802
continuing evaluation and treatment of the defendant ordered under	1803
division (B)(1)(a) of this section informs the court that the	1804
treatment or continuing evaluation and treatment cannot be	1805
provided at the hospital or facility where the defendant is placed	1806
by the department of mental health and addiction services or the	1807
institution or facility to which the defendant is committed. The	1808
chief clinical officer of the hospital or facility where the	1809
defendant is placed by the department of mental health and	1810
addiction services or the managing officer of the institution or	1811
director of the facility to which the defendant is committed, or a	1812
designee of any of those persons, may grant a defendant movement	1813
to a medical facility for an emergency medical situation with	1814
appropriate supervision to ensure the safety of the defendant,	1815
staff, and community during that emergency medical situation. The	1816
chief clinical officer of the hospital or facility where the	1817
defendant is placed by the department of mental health and	1818
addiction services or the managing officer of the institution or	1819
director of the facility to which the defendant is committed shall	1820
notify the court within twenty-four hours of the defendant's	1821
movement to the medical facility for an emergency medical	1822
situation under this division.	1823

(F) The person who supervises the treatment or continuing	1824
evaluation and treatment of a defendant ordered to undergo	1825
treatment or continuing evaluation and treatment under division	1826
(B)(1)(a) of this section shall file a written report with the	1827
court at the following times:	1828

(1) Whenever the person believes the defendant is capable of	1829
understanding the nature and objective of the proceedings against	1830
the defendant and of assisting in the defendant's defense;	1831

(2) For a felony offense, fourteen days before expiration of	1832
the maximum time for treatment as specified in division (C) of	1833
this section and fourteen days before the expiration of the	1834
maximum time for continuing evaluation and treatment as specified	1835
in division (B)(1)(a) of this section, and, for a misdemeanor	1836
offense, ten days before the expiration of the maximum time for	1837
treatment, as specified in division (C) of this section;	1838

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

1839

(4) Whenever the person who supervises the treatment or	1840
continuing evaluation and treatment of a defendant ordered under	1841
division (B)(1)(a) of this section believes that there is not a	1842
substantial probability that the defendant will become capable of	1843
understanding the nature and objective of the proceedings against	1844
the defendant or of assisting in the defendant's defense even if	1845
the defendant is provided with a course of treatment.	1846

(G) A report under division (F) of this section shall contain	1847
the examiner's findings, the facts in reasonable detail on which	1848
the findings are based, and the examiner's opinion as to the	1849
defendant's capability of understanding the nature and objective	1850
of the proceedings against the defendant and of assisting in the	1851
defendant's defense. If, in the examiner's opinion, the defendant	1852
remains incapable of understanding the nature and objective of the	1853
proceedings against the defendant and of assisting in the	1854
defendant's defense and there is a substantial probability that	1855
the defendant will become capable of understanding the nature and	1856
objective of the proceedings against the defendant and of	1857
assisting in the defendant's defense if the defendant is provided	1858
with a course of treatment, if in the examiner's opinion the	1859
defendant remains mentally ill or mentally retarded, and if the	1860
maximum time for treatment as specified in division (C) of this	1861
section has not expired, the report also shall contain the	1862
examiner's recommendation as to the least restrictive placement or	1863
commitment alternative that is consistent with the defendant's	1864
treatment needs for restoration to competency and with the safety	1865
of the community. The court shall provide copies of the report to	1866
the prosecutor and defense counsel.	1867

(H) If a defendant is committed pursuant to division (B)(1)	1868
of this section, within ten days after the treating physician of	1869
the defendant or the examiner of the defendant who is employed or	1870
retained by the treating facility advises that there is not a	1871
substantial probability that the defendant will become capable of	1872
understanding the nature and objective of the proceedings against	1873
the defendant or of assisting in the defendant's defense even if	1874
the defendant is provided with a course of treatment, within ten	1875
days after the expiration of the maximum time for treatment as	1876
specified in division (C) of this section, within ten days after	1877
the expiration of the maximum time for continuing evaluation and	1878
treatment as specified in division (B)(1)(a) of this section,	1879
within thirty days after a defendant's request for a hearing that	1880
is made after six months of treatment, or within thirty days after	1881
being advised by the treating physician or examiner that the	1882
defendant is competent to stand trial, whichever is the earliest,	1883
the court shall conduct another hearing to determine if the	1884
defendant is competent to stand trial and shall do whichever of	1885
the following is applicable:	1886

(1) If the court finds that the defendant is competent to	1887
stand trial, the defendant shall be proceeded against as provided	1888
by law.	1889

(2) If the court finds that the defendant is incompetent to	1890
stand trial, but that there is a substantial probability that the	1891
defendant will become competent to stand trial if the defendant is	1892
provided with a course of treatment, and the maximum time for	1893
treatment as specified in division (C) of this section has not	1894
expired, the court, after consideration of the examiner's	1895
recommendation, shall order that treatment be continued, may	1896
change the facility or program at which the treatment is to be	1897
continued, and shall specify whether the treatment is to be	1898
continued at the same or a different facility or program.	1899

(3) If the court finds that the defendant is incompetent to	1900
stand trial, if the defendant is charged with an offense listed in	1901
division (C)(1) of this section, and if the court finds that there	1902
is not a substantial probability that the defendant will become	1903
competent to stand trial even if the defendant is provided with a	1904
course of treatment, or if the maximum time for treatment relative	1905
to that offense as specified in division (C) of this section has	1906
expired, further proceedings shall be as provided in sections	1907
2945.39, 2945.401, and 2945.402 of the Revised Code.	1908

(4) If the court finds that the defendant is incompetent to	1909
stand trial, if the most serious offense with which the defendant	1910
is charged is a misdemeanor or a felony other than a felony listed	1911
in division (C)(1) of this section, and if the court finds that	1912
there is not a substantial probability that the defendant will	1913
become competent to stand trial even if the defendant is provided	1914
with a course of treatment, or if the maximum time for treatment	1915
relative to that offense as specified in division (C) of this	1916
section has expired, the court shall dismiss the indictment,	1917
information, or complaint against the defendant. A dismissal under	1918
this division is not a bar to further prosecution based on the	1919
same conduct. The court shall discharge the defendant unless the	1920
court or prosecutor files an affidavit in probate court for civil	1921
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	1922
If an affidavit for civil commitment is filed, the court may	1923
detain the defendant for ten days pending civil commitment. All of	1924
the following provisions apply to persons charged with a	1925
misdemeanor or a felony other than a felony listed in division	1926
(C)(1) of this section who are committed by the probate court	1927
subsequent to the court's or prosecutor's filing of an affidavit	1928
for civil commitment under authority of this division:	1929

(a) The chief clinical officer of the entity, hospital, or	1930
facility, the managing officer of the institution, the director of	1931
the program, or the person to which the defendant is committed or	1932
admitted shall do all of the following:	1933

(i) Notify the prosecutor, in writing, of the discharge of	1934
the defendant, send the notice at least ten days prior to the	1935
discharge unless the discharge is by the probate court, and state	1936
in the notice the date on which the defendant will be discharged;	1937

(ii) Notify the prosecutor, in writing, when the defendant is	1938
absent without leave or is granted unsupervised, off-grounds	1939
movement, and send this notice promptly after the discovery of the	1940
absence without leave or prior to the granting of the	1941
unsupervised, off-grounds movement, whichever is applicable;	1942

(iii) Notify the prosecutor, in writing, of the change of the	1943
defendant's commitment or admission to voluntary status, send the	1944
notice promptly upon learning of the change to voluntary status,	1945
and state in the notice the date on which the defendant was	1946
committed or admitted on a voluntary status.	1947

(b) Upon receiving notice that the defendant will be granted	1948
unsupervised, off-grounds movement, the prosecutor either shall	1949
re-indict the defendant or promptly notify the court that the	1950
prosecutor does not intend to prosecute the charges against the	1951
defendant.	1952

(I) If a defendant is convicted of a crime and sentenced to a	1953
jail or workhouse, the defendant's sentence shall be reduced by	1954
the total number of days the defendant is confined for evaluation	1955
to determine the defendant's competence to stand trial or	1956
treatment under this section and sections 2945.37 and 2945.371 of	1957
the Revised Code or by the total number of days the defendant is	1958
confined for evaluation to determine the defendant's mental	1959
condition at the time of the offense charged.	1960

Sec. 2945.39. (A) If a defendant who is charged with an	1961
offense described in division (C)(1) of section 2945.38 of the	1962
Revised Code is found incompetent to stand trial, after the	1963
expiration of the maximum time for treatment as specified in	1964
division (C) of that section or after the court finds that there	1965
is not a substantial probability that the defendant will become	1966
competent to stand trial even if the defendant is provided with a	1967
course of treatment, one of the following applies:	1968

(1) The court or the prosecutor may file an affidavit in	1969
probate court for civil commitment of the defendant in the manner	1970
provided in Chapter 5122. or 5123. of the Revised Code. If the	1971
court or prosecutor files an affidavit for civil commitment, the	1972
court may detain the defendant for ten days pending civil	1973
commitment. If the probate court commits the defendant subsequent	1974
to the court's or prosecutor's filing of an affidavit for civil	1975
commitment, the chief clinical officer of the entity, hospital, or	1976
facility, the managing officer of the institution, the director of	1977
the program, or the person to which the defendant is committed or	1978
admitted shall send to the prosecutor the notices described in	1979
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	1980
Code within the periods of time and under the circumstances	1981
specified in those divisions.	1982

(2) On the motion of the prosecutor or on its own motion, the	1983
court may retain jurisdiction over the defendant if, at a hearing,	1984
the court finds both of the following by clear and convincing	1985
evidence:	1986

(a) The defendant committed the offense with which the	1987
defendant is charged.	1988

(b) The defendant is a mentally ill person subject to	1989
~~hospitalization by~~ court order or a mentally retarded person	1990
subject to institutionalization by court order.	1991

(B) In making its determination under division (A)(2) of this	1992
section as to whether to retain jurisdiction over the defendant,	1993
the court may consider all relevant evidence, including, but not	1994
limited to, any relevant psychiatric, psychological, or medical	1995
testimony or reports, the acts constituting the offense charged,	1996
and any history of the defendant that is relevant to the	1997
defendant's ability to conform to the law.	1998

(C) If the court conducts a hearing as described in division	1999
(A)(2) of this section and if the court does not make both	2000
findings described in divisions (A)(2)(a) and (b) of this section	2001
by clear and convincing evidence, the court shall dismiss the	2002
indictment, information, or complaint against the defendant. Upon	2003
the dismissal, the court shall discharge the defendant unless the	2004
court or prosecutor files an affidavit in probate court for civil	2005
commitment of the defendant pursuant to Chapter 5122. or 5123. of	2006
the Revised Code. If the court or prosecutor files an affidavit	2007
for civil commitment, the court may order that the defendant be	2008
detained for up to ten days pending the civil commitment. If the	2009
probate court commits the defendant subsequent to the court's or	2010
prosecutor's filing of an affidavit for civil commitment, the	2011
chief clinical officer of the entity, hospital, or facility, the	2012
managing officer of the institution, the director of the program,	2013
or the person to which the defendant is committed or admitted	2014
shall send to the prosecutor the notices described in divisions	2015
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	2016
within the periods of time and under the circumstances specified	2017
in those divisions. A dismissal of charges under this division is	2018
not a bar to further criminal proceedings based on the same	2019
conduct.	2020

(D)(1) If the court conducts a hearing as described in	2021
division (A)(2) of this section and if the court makes the	2022
findings described in divisions (A)(2)(a) and (b) of this section	2023
by clear and convincing evidence, the court shall commit the	2024
defendant, if determined to require mental health treatment,	2025
either to the department of mental health and addiction services	2026
for treatment at a hospital, facility, or agency as determined	2027
clinically appropriate by the department of mental health and	2028
addiction services or to another medical or psychiatric facility,	2029
as appropriate. Prior to placing the defendant, the department of	2030
mental health and addiction services shall obtain court approval	2031
for that placement. If the court conducts such a hearing and if it	2032
makes those findings by clear and convincing evidence, the court	2033
shall commit the defendant, if determined to require treatment for	2034
mental retardation, to a facility operated by the department of	2035
developmental disabilities, or another facility, as appropriate.	2036
In determining the place of commitment, the court shall consider	2037
the extent to which the person is a danger to the person and to	2038
others, the need for security, and the type of crime involved and	2039
shall order the least restrictive alternative available that is	2040
consistent with public safety and the welfare of the defendant. In	2041
weighing these factors, the court shall give preference to	2042
protecting public safety.	2043

(2) If a court makes a commitment of a defendant under	2044
division (D)(1) of this section, the prosecutor shall send to the	2045
hospital, facility, or agency where the defendant is placed by the	2046
department of mental health and addiction services or to the	2047
defendant's place of commitment all reports of the defendant's	2048
current mental condition and, except as otherwise provided in this	2049
division, any other relevant information, including, but not	2050
limited to, a transcript of the hearing held pursuant to division	2051
(A)(2) of this section, copies of relevant police reports, and	2052
copies of any prior arrest and conviction records that pertain to	2053
the defendant and that the prosecutor possesses. The prosecutor	2054
shall send the reports of the defendant's current mental condition	2055
in every case of commitment, and, unless the prosecutor determines	2056
that the release of any of the other relevant information to	2057
unauthorized persons would interfere with the effective	2058
prosecution of any person or would create a substantial risk of	2059
harm to any person, the prosecutor also shall send the other	2060
relevant information. Upon admission of a defendant committed	2061
under division (D)(1) of this section, the place of commitment	2062
shall send to the board of alcohol, drug addiction, and mental	2063
health services or the community mental health board serving the	2064
county in which the charges against the defendant were filed a	2065
copy of all reports of the defendant's current mental condition	2066
and a copy of the other relevant information provided by the	2067
prosecutor under this division, including, if provided, a	2068
transcript of the hearing held pursuant to division (A)(2) of this	2069
section, the relevant police reports, and the prior arrest and	2070
conviction records that pertain to the defendant and that the	2071
prosecutor possesses.	2072

(3) If a court makes a commitment under division (D)(1) of	2073
this section, all further proceedings shall be in accordance with	2074
sections 2945.401 and 2945.402 of the Revised Code.	2075

Sec. 2945.40. (A) If a person is found not guilty by reason	2076
of insanity, the verdict shall state that finding, and the trial	2077
court shall conduct a full hearing to determine whether the person	2078
is a mentally ill person subject to ~~hospitalization by~~ court order	2079
or a mentally retarded person subject to institutionalization by	2080
court order. Prior to the hearing, if the trial judge believes	2081
that there is probable cause that the person found not guilty by	2082
reason of insanity is a mentally ill person subject to	2083
~~hospitalization by~~ court order or mentally retarded person subject	2084
to institutionalization by court order, the trial judge may issue	2085
a temporary order of detention for that person to remain in effect	2086
for ten court days or until the hearing, whichever occurs first.	2087

Any person detained pursuant to a temporary order of	2088
detention issued under this division shall be held in a suitable	2089
facility, taking into consideration the place and type of	2090
confinement prior to and during trial.	2091

(B) The court shall hold the hearing under division (A) of	2092
this section to determine whether the person found not guilty by	2093
reason of insanity is a mentally ill person subject to	2094
~~hospitalization by~~ court order or a mentally retarded person	2095
subject to institutionalization by court order within ten court	2096
days after the finding of not guilty by reason of insanity.	2097
Failure to conduct the hearing within the ten-day period shall	2098
cause the immediate discharge of the respondent, unless the judge	2099
grants a continuance for not longer than ten court days for good	2100
cause shown or for any period of time upon motion of the	2101
respondent.	2102

(C) If a person is found not guilty by reason of insanity,	2103
the person has the right to attend all hearings conducted pursuant	2104
to sections 2945.37 to 2945.402 of the Revised Code. At any	2105
hearing conducted pursuant to one of those sections, the court	2106
shall inform the person that the person has all of the following	2107
rights:	2108

(1) The right to be represented by counsel and to have that	2109
counsel provided at public expense if the person is indigent, with	2110
the counsel to be appointed by the court under Chapter 120. of the	2111
Revised Code or under the authority recognized in division (C) of	2112
section 120.06, division (E) of section 120.16, division (E) of	2113
section 120.26, or section 2941.51 of the Revised Code;	2114

(2) The right to have independent expert evaluation and to	2115
have that independent expert evaluation provided at public expense	2116
if the person is indigent;	2117

(3) The right to subpoena witnesses and documents, to present	2118
evidence on the person's behalf, and to cross-examine witnesses	2119
against the person;	2120

(4) The right to testify in the person's own behalf and to	2121
not be compelled to testify;	2122

(5) The right to have copies of any relevant medical or	2123
mental health document in the custody of the state or of any place	2124
of commitment other than a document for which the court finds that	2125
the release to the person of information contained in the document	2126
would create a substantial risk of harm to any person.	2127

(D) The hearing under division (A) of this section shall be	2128
open to the public, and the court shall conduct the hearing in	2129
accordance with the Rules of Civil Procedure. The court shall make	2130
and maintain a full transcript and record of the hearing	2131
proceedings. The court may consider all relevant evidence,	2132
including, but not limited to, any relevant psychiatric,	2133
psychological, or medical testimony or reports, the acts	2134
constituting the offense in relation to which the person was found	2135
not guilty by reason of insanity, and any history of the person	2136
that is relevant to the person's ability to conform to the law.	2137

(E) Upon completion of the hearing under division (A) of this	2138
section, if the court finds there is not clear and convincing	2139
evidence that the person is a mentally ill person subject to	2140
~~hospitalization by~~ court order or a mentally retarded person	2141
subject to institutionalization by court order, the court shall	2142
discharge the person, unless a detainer has been placed upon the	2143
person by the department of rehabilitation and correction, in	2144
which case the person shall be returned to that department.	2145

(F) If, at the hearing under division (A) of this section,	2146
the court finds by clear and convincing evidence that the person	2147
is a mentally ill person subject to ~~hospitalization by~~ court	2148
order, the court shall commit the person either to the department	2149
of mental health and addiction services for treatment in a	2150
hospital, facility, or agency as determined clinically appropriate	2151
by the department of mental health and addiction services or to	2152
another medical or psychiatric facility, as appropriate. Prior to	2153
placing the defendant, the department of mental health and	2154
addiction services shall obtain court approval for that placement.	2155
If, at the hearing under division (A) of this section, the court	2156
determines by clear and convincing evidence that the person	2157
requires treatment for mental retardation, it shall commit the	2158
person to a facility operated by the department of developmental	2159
disabilities or another facility, as appropriate. Further	2160
proceedings shall be in accordance with sections 2945.401 and	2161
2945.402 of the Revised Code. In determining the place of	2162
commitment, the court shall consider the extent to which the	2163
person is a danger to the person and to others, the need for	2164
security, and the type of crime involved and shall order the least	2165
restrictive alternative available that is consistent with public	2166
safety and the welfare of the person. In weighing these factors,	2167
the court shall give preference to protecting public safety.	2168

(G) If a court makes a commitment of a person under division	2169
(F) of this section, the prosecutor shall send to the hospital,	2170
facility, or agency where the person is placed by the department	2171
of mental health and addiction services or to the defendant's	2172
place of commitment all reports of the person's current mental	2173
condition, and, except as otherwise provided in this division, any	2174
other relevant information, including, but not limited to, a	2175
transcript of the hearing held pursuant to division (A) of this	2176
section, copies of relevant police reports, and copies of any	2177
prior arrest and conviction records that pertain to the person and	2178
that the prosecutor possesses. The prosecutor shall send the	2179
reports of the person's current mental condition in every case of	2180
commitment, and, unless the prosecutor determines that the release	2181
of any of the other relevant information to unauthorized persons	2182
would interfere with the effective prosecution of any person or	2183
would create a substantial risk of harm to any person, the	2184
prosecutor also shall send the other relevant information. Upon	2185
admission of a person committed under division (F) of this	2186
section, the place of commitment shall send to the board of	2187
alcohol, drug addiction, and mental health services or the	2188
community mental health board serving the county in which the	2189
charges against the person were filed a copy of all reports of the	2190
person's current mental condition and a copy of the other relevant	2191
information provided by the prosecutor under this division,	2192
including, if provided, a transcript of the hearing held pursuant	2193
to division (A) of this section, the relevant police reports, and	2194
the prior arrest and conviction records that pertain to the person	2195
and that the prosecutor possesses.	2196

(H) A person who is committed pursuant to this section shall	2197
not voluntarily admit the person or be voluntarily admitted to a	2198
hospital or institution pursuant to section 5122.02, 5122.15,	2199
5123.69, or 5123.76 of the Revised Code.	2200

Sec. 2945.401. (A) A defendant found incompetent to stand	2201
trial and committed pursuant to section 2945.39 of the Revised	2202
Code or a person found not guilty by reason of insanity and	2203
committed pursuant to section 2945.40 of the Revised Code shall	2204
remain subject to the jurisdiction of the trial court pursuant to	2205
that commitment, and to the provisions of this section, until the	2206
final termination of the commitment as described in division	2207
(J)(1) of this section. If the jurisdiction is terminated under	2208
this division because of the final termination of the commitment	2209
resulting from the expiration of the maximum prison term or term	2210
of imprisonment described in division (J)(1)(b) of this section,	2211
the court or prosecutor may file an affidavit for the civil	2212
commitment of the defendant or person pursuant to Chapter 5122. or	2213
5123. of the Revised Code.	2214

(B) A hearing conducted under any provision of sections	2215
2945.37 to 2945.402 of the Revised Code shall not be conducted in	2216
accordance with Chapters 5122. and 5123. of the Revised Code. Any	2217
person who is committed pursuant to section 2945.39 or 2945.40 of	2218
the Revised Code shall not voluntarily admit the person or be	2219
voluntarily admitted to a hospital or institution pursuant to	2220
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	2221
All other provisions of Chapters 5122. and 5123. of the Revised	2222
Code regarding hospitalization or institutionalization shall apply	2223
to the extent they are not in conflict with this chapter. A	2224
commitment under section 2945.39 or 2945.40 of the Revised Code	2225
shall not be terminated and the conditions of the commitment shall	2226
not be changed except as otherwise provided in division (D)(2) of	2227
this section with respect to a mentally retarded person subject to	2228
institutionalization by court order or except by order of the	2229
trial court.	2230

(C) The department of mental health and addiction services or	2231
the institution, facility, or program to which a defendant or	2232
person has been committed under section 2945.39 or 2945.40 of the	2233
Revised Code shall report in writing to the trial court, at the	2234
times specified in this division, as to whether the defendant or	2235
person remains a mentally ill person subject to ~~hospitalization by~~	2236
court order or a mentally retarded person subject to	2237
institutionalization by court order and, in the case of a	2238
defendant committed under section 2945.39 of the Revised Code, as	2239
to whether the defendant remains incompetent to stand trial. The	2240
department, institution, facility, or program shall make the	2241
reports after the initial six months of treatment and every two	2242
years after the initial report is made. The trial court shall	2243
provide copies of the reports to the prosecutor and to the counsel	2244
for the defendant or person. Within thirty days after its receipt	2245
pursuant to this division of a report from the department,	2246
institution, facility, or program, the trial court shall hold a	2247
hearing on the continued commitment of the defendant or person or	2248
on any changes in the conditions of the commitment of the	2249
defendant or person. The defendant or person may request a change	2250
in the conditions of confinement, and the trial court shall	2251
conduct a hearing on that request if six months or more have	2252
elapsed since the most recent hearing was conducted under this	2253
section.	2254

(D)(1) Except as otherwise provided in division (D)(2) of	2255
this section, when a defendant or person has been committed under	2256
section 2945.39 or 2945.40 of the Revised Code, at any time after	2257
evaluating the risks to public safety and the welfare of the	2258
defendant or person, the designee of the department of mental	2259
health and addiction services or the managing officer of the	2260
institution or director of the facility or program to which the	2261
defendant or person is committed may recommend a termination of	2262
the defendant's or person's commitment or a change in the	2263
conditions of the defendant's or person's commitment.	2264

Except as otherwise provided in division (D)(2) of this	2265
section, if the designee of the department of mental health and	2266
addiction services recommends on-grounds unsupervised movement,	2267
off-grounds supervised movement, or nonsecured status for the	2268
defendant or person or termination of the defendant's or person's	2269
commitment, the following provisions apply:	2270

(a) If the department's designee recommends on-grounds	2271
unsupervised movement or off-grounds supervised movement, the	2272
department's designee shall file with the trial court an	2273
application for approval of the movement and shall send a copy of	2274
the application to the prosecutor. Within fifteen days after	2275
receiving the application, the prosecutor may request a hearing on	2276
the application and, if a hearing is requested, shall so inform	2277
the department's designee. If the prosecutor does not request a	2278
hearing within the fifteen-day period, the trial court shall	2279
approve the application by entering its order approving the	2280
requested movement or, within five days after the expiration of	2281
the fifteen-day period, shall set a date for a hearing on the	2282
application. If the prosecutor requests a hearing on the	2283
application within the fifteen-day period, the trial court shall	2284
hold a hearing on the application within thirty days after the	2285
hearing is requested. If the trial court, within five days after	2286
the expiration of the fifteen-day period, sets a date for a	2287
hearing on the application, the trial court shall hold the hearing	2288
within thirty days after setting the hearing date. At least	2289
fifteen days before any hearing is held under this division, the	2290
trial court shall give the prosecutor written notice of the date,	2291
time, and place of the hearing. At the conclusion of each hearing	2292
conducted under this division, the trial court either shall	2293
approve or disapprove the application and shall enter its order	2294
accordingly.	2295

(b) If the department's designee recommends termination of	2296
the defendant's or person's commitment at any time or if the	2297
department's designee recommends the first of any nonsecured	2298
status for the defendant or person, the department's designee	2299
shall send written notice of this recommendation to the trial	2300
court and to the local forensic center. The local forensic center	2301
shall evaluate the committed defendant or person and, within	2302
thirty days after its receipt of the written notice, shall submit	2303
to the trial court and the department's designee a written report	2304
of the evaluation. The trial court shall provide a copy of the	2305
department's designee's written notice and of the local forensic	2306
center's written report to the prosecutor and to the counsel for	2307
the defendant or person. Upon the local forensic center's	2308
submission of the report to the trial court and the department's	2309
designee, all of the following apply:	2310

(i) If the forensic center disagrees with the recommendation	2311
of the department's designee, it shall inform the department's	2312
designee and the trial court of its decision and the reasons for	2313
the decision. The department's designee, after consideration of	2314
the forensic center's decision, shall either withdraw, proceed	2315
with, or modify and proceed with the recommendation. If the	2316
department's designee proceeds with, or modifies and proceeds	2317
with, the recommendation, the department's designee shall proceed	2318
in accordance with division (D)(1)(b)(iii) of this section.	2319

(ii) If the forensic center agrees with the recommendation of	2320
the department's designee, it shall inform the department's	2321
designee and the trial court of its decision and the reasons for	2322
the decision, and the department's designee shall proceed in	2323
accordance with division (D)(1)(b)(iii) of this section.	2324

(iii) If the forensic center disagrees with the	2325
recommendation of the department's designee and the department's	2326
designee proceeds with, or modifies and proceeds with, the	2327
recommendation or if the forensic center agrees with the	2328
recommendation of the department's designee, the department's	2329
designee shall work with community mental health services	2330
providers, programs, facilities, or boards of alcohol, drug	2331
addiction, and mental health services or community mental health	2332
boards to develop a plan to implement the recommendation. If the	2333
defendant or person is on medication, the plan shall include, but	2334
shall not be limited to, a system to monitor the defendant's or	2335
person's compliance with the prescribed medication treatment plan.	2336
The system shall include a schedule that clearly states when the	2337
defendant or person shall report for a medication compliance	2338
check. The medication compliance checks shall be based upon the	2339
effective duration of the prescribed medication, taking into	2340
account the route by which it is taken, and shall be scheduled at	2341
intervals sufficiently close together to detect a potential	2342
increase in mental illness symptoms that the medication is	2343
intended to prevent.	2344

The department's designee, after consultation with the board	2345
of alcohol, drug addiction, and mental health services or the	2346
community mental health board serving the area, shall send the	2347
recommendation and plan developed under division (D)(1)(b)(iii) of	2348
this section, in writing, to the trial court, the prosecutor, and	2349
the counsel for the committed defendant or person. The trial court	2350
shall conduct a hearing on the recommendation and plan developed	2351
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	2352
and (d) and (E) to (J) of this section apply regarding the	2353
hearing.	2354

(c) If the department's designee's recommendation is for	2355
nonsecured status or termination of commitment, the prosecutor may	2356
obtain an independent expert evaluation of the defendant's or	2357
person's mental condition, and the trial court may continue the	2358
hearing on the recommendation for a period of not more than thirty	2359
days to permit time for the evaluation.	2360

The prosecutor may introduce the evaluation report or present	2361
other evidence at the hearing in accordance with the Rules of	2362
Evidence.	2363

(d) The trial court shall schedule the hearing on a	2364
department's designee's recommendation for nonsecured status or	2365
termination of commitment and shall give reasonable notice to the	2366
prosecutor and the counsel for the defendant or person. Unless	2367
continued for independent evaluation at the prosecutor's request	2368
or for other good cause, the hearing shall be held within thirty	2369
days after the trial court's receipt of the recommendation and	2370
plan.	2371

(2)(a) Division (D)(1) of this section does not apply to	2372
on-grounds unsupervised movement of a defendant or person who has	2373
been committed under section 2945.39 or 2945.40 of the Revised	2374
Code, who is a mentally retarded person subject to	2375
institutionalization by court order, and who is being provided	2376
residential habilitation, care, and treatment in a facility	2377
operated by the department of developmental disabilities.	2378

(b) If, pursuant to section 2945.39 of the Revised Code, the	2379
trial court commits a defendant who is found incompetent to stand	2380
trial and who is a mentally retarded person subject to	2381
institutionalization by court order, if the defendant is being	2382
provided residential habilitation, care, and treatment in a	2383
facility operated by the department of developmental disabilities,	2384
if an individual who is conducting a survey for the department of	2385
health to determine the facility's compliance with the	2386
certification requirements of the medicaid program cites the	2387
defendant's receipt of the residential habilitation, care, and	2388
treatment in the facility as being inappropriate under the	2389
certification requirements, if the defendant's receipt of the	2390
residential habilitation, care, and treatment in the facility	2391
potentially jeopardizes the facility's continued receipt of	2392
federal medicaid moneys, and if as a result of the citation the	2393
chief clinical officer of the facility determines that the	2394
conditions of the defendant's commitment should be changed, the	2395
department of developmental disabilities may cause the defendant	2396
to be removed from the particular facility and, after evaluating	2397
the risks to public safety and the welfare of the defendant and	2398
after determining whether another type of placement is consistent	2399
with the certification requirements, may place the defendant in	2400
another facility that the department selects as an appropriate	2401
facility for the defendant's continued receipt of residential	2402
habilitation, care, and treatment and that is a no less secure	2403
setting than the facility in which the defendant had been placed	2404
at the time of the citation. Within three days after the	2405
defendant's removal and alternative placement under the	2406
circumstances described in division (D)(2)(b) of this section, the	2407
department of developmental disabilities shall notify the trial	2408
court and the prosecutor in writing of the removal and alternative	2409
placement.	2410

The trial court shall set a date for a hearing on the removal	2411
and alternative placement, and the hearing shall be held within	2412
twenty-one days after the trial court's receipt of the notice from	2413
the department of developmental disabilities. At least ten days	2414
before the hearing is held, the trial court shall give the	2415
prosecutor, the department of developmental disabilities, and the	2416
counsel for the defendant written notice of the date, time, and	2417
place of the hearing. At the hearing, the trial court shall	2418
consider the citation issued by the individual who conducted the	2419
survey for the department of health to be prima-facie evidence of	2420
the fact that the defendant's commitment to the particular	2421
facility was inappropriate under the certification requirements of	2422
the medicaid program and potentially jeopardizes the particular	2423
facility's continued receipt of federal medicaid moneys. At the	2424
conclusion of the hearing, the trial court may approve or	2425
disapprove the defendant's removal and alternative placement. If	2426
the trial court approves the defendant's removal and alternative	2427
placement, the department of developmental disabilities may	2428
continue the defendant's alternative placement. If the trial court	2429
disapproves the defendant's removal and alternative placement, it	2430
shall enter an order modifying the defendant's removal and	2431
alternative placement, but that order shall not require the	2432
department of developmental disabilities to replace the defendant	2433
for purposes of continued residential habilitation, care, and	2434
treatment in the facility associated with the citation issued by	2435
the individual who conducted the survey for the department of	2436
health.	2437

(E) In making a determination under this section regarding	2438
nonsecured status or termination of commitment, the trial court	2439
shall consider all relevant factors, including, but not limited	2440
to, all of the following:	2441

(1) Whether, in the trial court's view, the defendant or	2442
person currently represents a substantial risk of physical harm to	2443
the defendant or person or others;	2444

(2) Psychiatric and medical testimony as to the current	2445
mental and physical condition of the defendant or person;	2446

(3) Whether the defendant or person has insight into the	2447
defendant's or person's condition so that the defendant or person	2448
will continue treatment as prescribed or seek professional	2449
assistance as needed;	2450

(4) The grounds upon which the state relies for the proposed	2451
commitment;	2452

(5) Any past history that is relevant to establish the	2453
defendant's or person's degree of conformity to the laws, rules,	2454
regulations, and values of society;	2455

(6) If there is evidence that the defendant's or person's	2456
mental illness is in a state of remission, the medically suggested	2457
cause and degree of the remission and the probability that the	2458
defendant or person will continue treatment to maintain the	2459
remissive state of the defendant's or person's illness should the	2460
defendant's or person's commitment conditions be altered.	2461

(F) At any hearing held pursuant to division (C) or (D)(1) or	2462
(2) of this section, the defendant or the person shall have all	2463
the rights of a defendant or person at a commitment hearing as	2464
described in section 2945.40 of the Revised Code.	2465

(G) In a hearing held pursuant to division (C) or (D)(1) of	2466
this section, the prosecutor has the burden of proof as follows:	2467

(1) For a recommendation of termination of commitment, to	2468
show by clear and convincing evidence that the defendant or person	2469
remains a mentally ill person subject to ~~hospitalization by~~ court	2470
order or a mentally retarded person subject to	2471
institutionalization by court order;	2472

(2) For a recommendation for a change in the conditions of	2473
the commitment to a less restrictive status, to show by clear and	2474
convincing evidence that the proposed change represents a threat	2475
to public safety or a threat to the safety of any person.	2476

(H) In a hearing held pursuant to division (C) or (D)(1) or	2477
(2) of this section, the prosecutor shall represent the state or	2478
the public interest.	2479

(I) At the conclusion of a hearing conducted under division	2480
(D)(1) of this section regarding a recommendation from the	2481
designee of the department of mental health and addiction	2482
services, managing officer of the institution, or director of a	2483
facility or program, the trial court may approve, disapprove, or	2484
modify the recommendation and shall enter an order accordingly.	2485

(J)(1) A defendant or person who has been committed pursuant	2486
to section 2945.39 or 2945.40 of the Revised Code continues to be	2487
under the jurisdiction of the trial court until the final	2488
termination of the commitment. For purposes of division (J) of	2489
this section, the final termination of a commitment occurs upon	2490
the earlier of one of the following:	2491

(a) The defendant or person no longer is a mentally ill	2492
person subject to ~~hospitalization by~~ court order or a mentally	2493
retarded person subject to institutionalization by court order, as	2494
determined by the trial court;	2495

(b) The expiration of the maximum prison term or term of	2496
imprisonment that the defendant or person could have received if	2497
the defendant or person had been convicted of the most serious	2498
offense with which the defendant or person is charged or in	2499
relation to which the defendant or person was found not guilty by	2500
reason of insanity;	2501

(c) The trial court enters an order terminating the	2502
commitment under the circumstances described in division	2503
(J)(2)(a)(ii) of this section.	2504

(2)(a) If a defendant is found incompetent to stand trial and	2505
committed pursuant to section 2945.39 of the Revised Code, if	2506
neither of the circumstances described in divisions (J)(1)(a) and	2507
(b) of this section applies to that defendant, and if a report	2508
filed with the trial court pursuant to division (C) of this	2509
section indicates that the defendant presently is competent to	2510
stand trial or if, at any other time during the period of the	2511
defendant's commitment, the prosecutor, the counsel for the	2512
defendant, or the designee of the department of mental health and	2513
addiction services or the managing officer of the institution or	2514
director of the facility or program to which the defendant is	2515
committed files an application with the trial court alleging that	2516
the defendant presently is competent to stand trial and requesting	2517
a hearing on the competency issue or the trial court otherwise has	2518
reasonable cause to believe that the defendant presently is	2519
competent to stand trial and determines on its own motion to hold	2520
a hearing on the competency issue, the trial court shall schedule	2521
a hearing on the competency of the defendant to stand trial, shall	2522
give the prosecutor, the counsel for the defendant, and the	2523
department's designee or the managing officer of the institution	2524
or the director of the facility to which the defendant is	2525
committed notice of the date, time, and place of the hearing at	2526
least fifteen days before the hearing, and shall conduct the	2527
hearing within thirty days of the filing of the application or of	2528
its own motion. If, at the conclusion of the hearing, the trial	2529
court determines that the defendant presently is capable of	2530
understanding the nature and objective of the proceedings against	2531
the defendant and of assisting in the defendant's defense, the	2532
trial court shall order that the defendant is competent to stand	2533
trial and shall be proceeded against as provided by law with	2534
respect to the applicable offenses described in division (C)(1) of	2535
section 2945.38 of the Revised Code and shall enter whichever of	2536
the following additional orders is appropriate:	2537

(i) If the trial court determines that the defendant remains	2538
a mentally ill person subject to ~~hospitalization by~~ court order or	2539
a mentally retarded person subject to institutionalization by	2540
court order, the trial court shall order that the defendant's	2541
commitment to the department of mental health and addiction	2542
services or to an institution, facility, or program for the	2543
treatment of mental retardation be continued during the pendency	2544
of the trial on the applicable offenses described in division	2545
(C)(1) of section 2945.38 of the Revised Code.	2546

(ii) If the trial court determines that the defendant no	2547
longer is a mentally ill person subject to ~~hospitalization by~~	2548
court order or a mentally retarded person subject to	2549
institutionalization by court order, the trial court shall order	2550
that the defendant's commitment to the department of mental health	2551
and addiction services or to an institution, facility, or program	2552
for the treatment of mental retardation shall not be continued	2553
during the pendency of the trial on the applicable offenses	2554
described in division (C)(1) of section 2945.38 of the Revised	2555
Code. This order shall be a final termination of the commitment	2556
for purposes of division (J)(1)(c) of this section.	2557

(b) If, at the conclusion of the hearing described in	2558
division (J)(2)(a) of this section, the trial court determines	2559
that the defendant remains incapable of understanding the nature	2560
and objective of the proceedings against the defendant or of	2561
assisting in the defendant's defense, the trial court shall order	2562
that the defendant continues to be incompetent to stand trial,	2563
that the defendant's commitment to the department of mental health	2564
and addiction services or to an institution, facility, or program	2565
for the treatment of mental retardation shall be continued, and	2566
that the defendant remains subject to the jurisdiction of the	2567
trial court pursuant to that commitment, and to the provisions of	2568
this section, until the final termination of the commitment as	2569
described in division (J)(1) of this section.	2570

Sec. 2967.22. Whenever it is brought to the attention of the	2571
adult parole authority or a department of probation that a	2572
parolee, person under a community control sanction, person under	2573
transitional control, or releasee appears to be a mentally ill	2574
person subject to ~~hospitalization by~~ court order, as defined in	2575
section 5122.01 of the Revised Code, or a mentally retarded person	2576
subject to institutionalization by court order, as defined in	2577
section 5123.01 of the Revised Code, the parole or probation	2578
officer, subject to the approval of the chief of the adult parole	2579
authority, the designee of the chief of the adult parole	2580
authority, or the chief probation officer, may file an affidavit	2581
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	2582
person under a community control sanction, or releasee who is	2583
involuntarily detained under Chapter 5122. or 5123. of the Revised	2584
Code shall receive credit against the period of parole or	2585
community control or the term of post-release control for the	2586
period of involuntary detention.	2587

If a parolee, person under a community control sanction,	2588
person under transitional control, or releasee escapes from an	2589
institution or facility within the department of mental health and	2590
addiction services or the department of developmental	2591
disabilities, the superintendent of the institution immediately	2592
shall notify the chief of the adult parole authority or the chief	2593
probation officer. Notwithstanding the provisions of section	2594
5122.26 of the Revised Code, the procedure for the apprehension,	2595
detention, and return of the parolee, person under a community	2596
control sanction, person under transitional control, or releasee	2597
is the same as that provided for the apprehension, detention, and	2598
return of persons who escape from institutions operated by the	2599
department of rehabilitation and correction. If the escaped	2600
parolee, person under transitional control, or releasee is not	2601
apprehended and returned to the custody of the department of	2602
mental health and addiction services or the department of	2603
developmental disabilities within ninety days after the escape,	2604
the parolee, person under transitional control, or releasee shall	2605
be discharged from the custody of the department of mental health	2606
and addiction services or the department of developmental	2607
disabilities and returned to the custody of the department of	2608
rehabilitation and correction. If the escaped person under a	2609
community control sanction is not apprehended and returned to the	2610
custody of the department of mental health and addiction services	2611
or the department of developmental disabilities within ninety days	2612
after the escape, the person under a community control sanction	2613
shall be discharged from the custody of the department of mental	2614
health and addiction services or the department of developmental	2615
disabilities and returned to the custody of the court that	2616
sentenced that person.	2617

Sec. 5119.311. The department of mental health and addiction	2618
services may examine into, with or without expert assistance, the	2619
question of the mental and physical condition of any person	2620
committed to or involuntarily confined in any hospital for the	2621
mentally ill, or restrained of liberty at any place within this	2622
state by reason of alleged mental illness and may order and compel	2623
the discharge of any such person who is not a mentally ill person	2624
subject to ~~hospitalization by~~ court order as defined in division	2625
(B) of section 5122.01 of the Revised Code and direct what	2626
disposition shall be made of the person. The order of discharge	2627
shall be signed by the director of mental health and addiction	2628
services. Upon receipt of such order by the superintendent or	2629
other person in charge of the building in which the person named	2630
in such order is confined, such person shall forthwith be	2631
discharged or otherwise disposed of according to the terms of said	2632
order, and any further or other detention of such person is	2633
unlawful. No such order shall be made in favor of any person	2634
committed and held for trial on a criminal charge, in confinement	2635
by an order of a judge or court made in a criminal proceeding, or	2636
in any case unless notice is given to the superintendent or other	2637
person having charge of the building in which the alleged mentally	2638
ill person is detained, and a reasonable opportunity is allowed	2639
the person in charge to justify further detention of the person	2640
confined.	2641

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

2642

(1) "Mental illness" means a substantial disorder of thought,	2643
mood, perception, orientation, or memory that grossly impairs	2644
judgment, behavior, capacity to recognize reality, or ability to	2645
meet the ordinary demands of life.	2646

(2) "Mentally ill person subject to hospitalization" means a	2647
mentally ill person to whom any of the following applies because	2648
of the person's mental illness:	2649

(a) The person represents a substantial risk of physical harm	2650
to the person as manifested by evidence of threats of, or attempts	2651
at, suicide or serious self-inflicted bodily harm.	2652

(b) The person represents a substantial risk of physical harm	2653
to others as manifested by evidence of recent homicidal or other	2654
violent behavior, evidence of recent threats that place another in	2655
reasonable fear of violent behavior and serious physical harm, or	2656
other evidence of present dangerousness.	2657

(c) The person represents a substantial and immediate risk of	2658
serious physical impairment or injury to the person as manifested	2659
by evidence that the person is unable to provide for and is not	2660
providing for the person's basic physical needs because of the	2661
person's mental illness and that appropriate provision for those	2662
needs cannot be made immediately available in the correctional	2663
institution in which the inmate is currently housed.	2664

(d) The person would benefit from treatment in a hospital for	2665
the person's mental illness and is in need of treatment in a	2666
hospital as manifested by evidence of behavior that creates a	2667
grave and imminent risk to substantial rights of others or the	2668
person.	2669

(3) "Psychiatric hospital" means all or part of a facility	2670
that is operated and managed by the department of mental health	2671
and addiction services to provide psychiatric hospitalization	2672
services in accordance with the requirements of this section	2673
pursuant to an agreement between the directors of rehabilitation	2674
and correction and mental health and addiction services or, is	2675
licensed by the department of mental health and addiction services	2676
pursuant to section 5119.33 of the Revised Code as a psychiatric	2677
hospital and is accredited by a health care accrediting	2678
organization approved by the department of mental health and	2679
addiction services and the psychiatric hospital is any of the	2680
following:	2681

(a) Operated and managed by the department of rehabilitation	2682
and correction within a facility that is operated by the	2683
department of rehabilitation and correction;	2684

(b) Operated and managed by a contractor for the department	2685
of rehabilitation and correction within a facility that is	2686
operated by the department of rehabilitation and correction;	2687

(c) Operated and managed in the community by an entity that	2688
has contracted with the department of rehabilitation and	2689
correction to provide psychiatric hospitalization services in	2690
accordance with the requirements of this section.	2691

(4) "Inmate patient" means an inmate who is admitted to a	2692
psychiatric hospital.	2693

(5) "Admitted" to a psychiatric hospital means being accepted	2694
for and staying at least one night at the psychiatric hospital.	2695

(6) "Treatment plan" means a written statement of reasonable	2696
objectives and goals for an inmate patient that is based on the	2697
needs of the inmate patient and that is established by the	2698
treatment team, with the active participation of the inmate	2699
patient and with documentation of that participation. "Treatment	2700
plan" includes all of the following:	2701

(a) The specific criteria to be used in evaluating progress	2702
toward achieving the objectives and goals;	2703

(b) The services to be provided to the inmate patient during	2704
the inmate patient's hospitalization;	2705

(c) The services to be provided to the inmate patient after	2706
discharge from the hospital, including, but not limited to,	2707
housing and mental health services provided at the state	2708
correctional institution to which the inmate patient returns after	2709
discharge or community mental health services.	2710

(7) "Mentally retarded person subject to institutionalization	2711
by court order" has the same meaning as in section 5123.01 of the	2712
Revised Code.	2713

(8) "Emergency transfer" means the transfer of a mentally ill	2714
inmate to a psychiatric hospital when the inmate presents an	2715
immediate danger to self or others and requires hospital-level	2716
care.	2717

(9) "Uncontested transfer" means the transfer of a mentally	2718
ill inmate to a psychiatric hospital when the inmate has the	2719
mental capacity to, and has waived, the hearing required by	2720
division (B) of this section.	2721

(10)(a) "Independent decision-maker" means a person who is	2722
employed or retained by the department of rehabilitation and	2723
correction and is appointed by the chief or chief clinical officer	2724
of mental health services as a hospitalization hearing officer to	2725
conduct due process hearings.	2726

(b) An independent decision-maker who presides over any	2727
hearing or issues any order pursuant to this section shall be a	2728
psychiatrist, psychologist, or attorney, shall not be specifically	2729
associated with the institution in which the inmate who is the	2730
subject of the hearing or order resides at the time of the hearing	2731
or order, and previously shall not have had any treatment	2732
relationship with nor have represented in any legal proceeding the	2733
inmate who is the subject of the order.	2734

(B)(1) Except as provided in division (C) of this section, if	2735
the warden of a state correctional institution or the warden's	2736
designee believes that an inmate should be transferred from the	2737
institution to a psychiatric hospital, the department shall hold a	2738
hearing to determine whether the inmate is a mentally ill person	2739
subject to hospitalization. The department shall conduct the	2740
hearing at the state correctional institution in which the inmate	2741
is confined, and the department shall provide qualified	2742
independent assistance to the inmate for the hearing. An	2743
independent decision-maker provided by the department shall	2744
preside at the hearing and determine whether the inmate is a	2745
mentally ill person subject to hospitalization.	2746

(2) Except as provided in division (C) of this section, prior	2747
to the hearing held pursuant to division (B)(1) of this section,	2748
the warden or the warden's designee shall give written notice to	2749
the inmate that the department is considering transferring the	2750
inmate to a psychiatric hospital, that it will hold a hearing on	2751
the proposed transfer at which the inmate may be present, that at	2752
the hearing the inmate has the rights described in division (B)(3)	2753
of this section, and that the department will provide qualified	2754
independent assistance to the inmate with respect to the hearing.	2755
The department shall not hold the hearing until the inmate has	2756
received written notice of the proposed transfer and has had	2757
sufficient time to consult with the person appointed by the	2758
department to provide assistance to the inmate and to prepare for	2759
a presentation at the hearing.	2760

(3) At the hearing held pursuant to division (B)(1) of this	2761
section, the department shall disclose to the inmate the evidence	2762
that it relies upon for the transfer and shall give the inmate an	2763
opportunity to be heard. Unless the independent decision-maker	2764
finds good cause for not permitting it, the inmate may present	2765
documentary evidence and the testimony of witnesses at the hearing	2766
and may confront and cross-examine witnesses called by the	2767
department.	2768

(4) If the independent decision-maker does not find clear and	2769
convincing evidence that the inmate is a mentally ill person	2770
subject to hospitalization, the department shall not transfer the	2771
inmate to a psychiatric hospital but shall continue to confine the	2772
inmate in the same state correctional institution or in another	2773
state correctional institution that the department considers	2774
appropriate. If the independent decision-maker finds clear and	2775
convincing evidence that the inmate is a mentally ill person	2776
subject to hospitalization, the decision-maker shall order that	2777
the inmate be transported to a psychiatric hospital for	2778
observation and treatment for a period of not longer than thirty	2779
days. After the hearing, the independent decision-maker shall	2780
submit to the department a written decision that states one of the	2781
findings described in division (B)(4) of this section, the	2782
evidence that the decision-maker relied on in reaching that	2783
conclusion, and, if the decision is that the inmate should be	2784
transferred, the reasons for the transfer.	2785

(C)(1) The department may transfer an inmate to a psychiatric	2786
hospital under an emergency transfer order if the chief clinical	2787
officer of mental health services of the department or that	2788
officer's designee and either a psychiatrist employed or retained	2789
by the department or, in the absence of a psychiatrist, a	2790
psychologist employed or retained by the department determines	2791
that the inmate is mentally ill, presents an immediate danger to	2792
self or others, and requires hospital-level care.	2793

(2) The department may transfer an inmate to a psychiatric	2794
hospital under an uncontested transfer order if both of the	2795
following apply:	2796

(a) A psychiatrist employed or retained by the department	2797
determines all of the following apply:	2798

(i) The inmate has a mental illness or is a mentally ill	2799
person subject to hospitalization.	2800

(ii) The inmate requires hospital care to address the mental	2801
illness.	2802

(iii) The inmate has the mental capacity to make a reasoned	2803
choice regarding the inmate's transfer to a hospital.	2804

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

2805

(3) The written notice and the hearing required under	2806
divisions (B)(1) and (2) of this section are not required for an	2807
emergency transfer or uncontested transfer under division (C)(1)	2808
or (2) of this section.	2809

(4) After an emergency transfer under division (C)(1) of this	2810
section, the department shall hold a hearing for continued	2811
hospitalization within five working days after admission of the	2812
transferred inmate to the psychiatric hospital. The department	2813
shall hold subsequent hearings pursuant to division (F) of this	2814
section at the same intervals as required for inmate patients who	2815
are transported to a psychiatric hospital under division (B)(4) of	2816
this section.	2817

(5) After an uncontested transfer under division (C)(2) of	2818
this section, the inmate may withdraw consent to the transfer in	2819
writing at any time. Upon the inmate's withdrawal of consent, the	2820
hospital shall discharge the inmate, or, within five working days,	2821
the department shall hold a hearing for continued hospitalization.	2822
The department shall hold subsequent hearings pursuant to division	2823
(F) of this section at the same time intervals as required for	2824
inmate patients who are transported to a psychiatric hospital	2825
under division (B)(4) of this section.	2826

(D)(1) If an independent decision-maker, pursuant to division	2827
(B)(4) of this section, orders an inmate transported to a	2828
psychiatric hospital or if an inmate is transferred pursuant to	2829
division (C)(1) or (2) of this section, the staff of the	2830
psychiatric hospital shall examine the inmate patient when	2831
admitted to the psychiatric hospital as soon as practicable after	2832
the inmate patient arrives at the hospital and no later than	2833
twenty-four hours after the time of arrival. The attending	2834
physician responsible for the inmate patient's care shall give the	2835
inmate patient all information necessary to enable the patient to	2836
give a fully informed, intelligent, and knowing consent to the	2837
treatment the inmate patient will receive in the hospital. The	2838
attending physician shall tell the inmate patient the expected	2839
physical and medical consequences of any proposed treatment and	2840
shall give the inmate patient the opportunity to consult with	2841
another psychiatrist at the hospital and with the inmate advisor.	2842

(2) No inmate patient who is transported or transferred	2843
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	2844
psychiatric hospital within a facility that is operated by the	2845
department of rehabilitation and correction shall be subjected to	2846
any of the following procedures:	2847

(a) Convulsive therapy;

2848

(b) Major aversive interventions;

2849

2850

(d) Psychosurgery.

2851

(E) The department of rehabilitation and correction shall	2852
ensure that an inmate patient hospitalized pursuant to this	2853
section receives or has all of the following:	2854

(1) Receives sufficient professional care within twenty days	2855
of admission to ensure that an evaluation of the inmate patient's	2856
current status, differential diagnosis, probable prognosis, and	2857
description of the current treatment plan have been formulated and	2858
are stated on the inmate patient's official chart;	2859

(2) Has a written treatment plan consistent with the	2860
evaluation, diagnosis, prognosis, and goals of treatment;	2861

(3) Receives treatment consistent with the treatment plan;

2862

(4) Receives periodic reevaluations of the treatment plan by	2863
the professional staff at intervals not to exceed thirty days;	2864

(5) Is provided with adequate medical treatment for physical	2865
disease or injury;	2866

(6) Receives humane care and treatment, including, without	2867
being limited to, the following:	2868

(a) Access to the facilities and personnel required by the	2869
treatment plan;	2870

(b) A humane psychological and physical environment;

2871

(c) The right to obtain current information concerning the	2872
treatment program, the expected outcomes of treatment, and the	2873
expectations for the inmate patient's participation in the	2874
treatment program in terms that the inmate patient reasonably can	2875
understand;	2876

(d) Opportunity for participation in programs designed to	2877
help the inmate patient acquire the skills needed to work toward	2878
discharge from the psychiatric hospital;	2879

(e) The right to be free from unnecessary or excessive	2880
medication and from unnecessary restraints or isolation;	2881

(f) All other rights afforded inmates in the custody of the	2882
department consistent with rules, policy, and procedure of the	2883
department.	2884

(F) The department shall hold a hearing for the continued	2885
hospitalization of an inmate patient who is transported or	2886
transferred to a psychiatric hospital pursuant to division (B)(4)	2887
or (C)(1) of this section prior to the expiration of the initial	2888
thirty-day period of hospitalization. The department shall hold	2889
any subsequent hearings, if necessary, not later than ninety days	2890
after the first thirty-day hearing and then not later than each	2891
one hundred and eighty days after the immediately prior hearing.	2892
An independent decision-maker shall conduct the hearings at the	2893
psychiatric hospital in which the inmate patient is confined. The	2894
inmate patient shall be afforded all of the rights set forth in	2895
this section for the hearing prior to transfer to the psychiatric	2896
hospital. The department may not waive a hearing for continued	2897
commitment. A hearing for continued commitment is mandatory for an	2898
inmate patient transported or transferred to a psychiatric	2899
hospital pursuant to division (B)(4) or (C)(1) of this section	2900
unless the inmate patient has the capacity to make a reasoned	2901
choice to execute a waiver and waives the hearing in writing. An	2902
inmate patient who is transferred to a psychiatric hospital	2903
pursuant to an uncontested transfer under division (C)(2) of this	2904
section and who has scheduled hearings after withdrawal of consent	2905
for hospitalization may waive any of the scheduled hearings if the	2906
inmate has the capacity to make a reasoned choice and executes a	2907
written waiver of the hearing.	2908

If upon completion of the hearing the independent	2909
decision-maker does not find by clear and convincing evidence that	2910
the inmate patient is a mentally ill person subject to	2911
hospitalization, the independent decision-maker shall order the	2912
inmate patient's discharge from the psychiatric hospital. If the	2913
independent decision-maker finds by clear and convincing evidence	2914
that the inmate patient is a mentally ill person subject to	2915
hospitalization, the independent decision-maker shall order that	2916
the inmate patient remain at the psychiatric hospital for	2917
continued hospitalization until the next required hearing.	2918

If at any time prior to the next required hearing for	2919
continued hospitalization, the medical director of the hospital or	2920
the attending physician determines that the treatment needs of the	2921
inmate patient could be met equally well in an available and	2922
appropriate less restrictive state correctional institution or	2923
unit, the medical director or attending physician may discharge	2924
the inmate to that facility.	2925

(G) An inmate patient is entitled to the credits toward the	2926
reduction of the inmate patient's stated prison term pursuant to	2927
Chapters 2967. and 5120. of the Revised Code under the same terms	2928
and conditions as if the inmate patient were in any other	2929
institution of the department of rehabilitation and correction.	2930

(H) The adult parole authority may place an inmate patient on	2931
parole or under post-release control directly from a psychiatric	2932
hospital.	2933

(I) If an inmate patient who is a mentally ill person subject	2934
to hospitalization is to be released from a psychiatric hospital	2935
because of the expiration of the inmate patient's stated prison	2936
term, the director of rehabilitation and correction or the	2937
director's designee, at least fourteen days before the expiration	2938
date, may file an affidavit under section 5122.11 or 5123.71 of	2939
the Revised Code with the probate court in the county where the	2940
psychiatric hospital is located or the probate court in the county	2941
where the inmate will reside, alleging that the inmate patient is	2942
a mentally ill person subject to ~~hospitalization by~~ court order or	2943
a mentally retarded person subject to institutionalization by	2944
court order, whichever is applicable. The proceedings in the	2945
probate court shall be conducted pursuant to Chapter 5122. or	2946
5123. of the Revised Code except as modified by this division.	2947

Upon the request of the inmate patient, the probate court	2948
shall grant the inmate patient an initial hearing under section	2949
5122.141 of the Revised Code or a probable cause hearing under	2950
section 5123.75 of the Revised Code before the expiration of the	2951
stated prison term. After holding a full hearing, the probate	2952
court shall make a disposition authorized by section 5122.15 or	2953
5123.76 of the Revised Code before the date of the expiration of	2954
the stated prison term. No inmate patient shall be held in the	2955
custody of the department of rehabilitation and correction past	2956
the date of the expiration of the inmate patient's stated prison	2957
term.	2958

(J) The department of rehabilitation and correction shall set	2959
standards for treatment provided to inmate patients.	2960

(K) A certificate, application, record, or report that is	2961
made in compliance with this section and that directly or	2962
indirectly identifies an inmate or former inmate whose	2963
hospitalization has been sought under this section is	2964
confidential. No person shall disclose the contents of any	2965
certificate, application, record, or report of that nature or any	2966
other psychiatric or medical record or report regarding a mentally	2967
ill inmate unless one of the following applies:	2968

(1) The person identified, or the person's legal guardian, if	2969
any, consents to disclosure, and the chief clinical officer or	2970
designee of mental health services of the department of	2971
rehabilitation and correction determines that disclosure is in the	2972
best interests of the person.	2973

(2) Disclosure is required by a court order signed by a	2974
judge.	2975

(3) An inmate patient seeks access to the inmate patient's	2976
own psychiatric and medical records, unless access is specifically	2977
restricted in the treatment plan for clear treatment reasons.	2978

(4) Hospitals and other institutions and facilities within	2979
the department of rehabilitation and correction may exchange	2980
psychiatric records and other pertinent information with other	2981
hospitals, institutions, and facilities of the department, but the	2982
information that may be released about an inmate patient is	2983
limited to medication history, physical health status and history,	2984
summary of course of treatment in the hospital, summary of	2985
treatment needs, and a discharge summary, if any.	2986

(5) An inmate patient's family member who is involved in	2987
planning, providing, and monitoring services to the inmate patient	2988
may receive medication information, a summary of the inmate	2989
patient's diagnosis and prognosis, and a list of the services and	2990
personnel available to assist the inmate patient and family if the	2991
attending physician determines that disclosure would be in the	2992
best interest of the inmate patient. No disclosure shall be made	2993
under this division unless the inmate patient is notified of the	2994
possible disclosure, receives the information to be disclosed, and	2995
does not object to the disclosure.	2996

(6) The department of rehabilitation and correction may	2997
exchange psychiatric hospitalization records, other mental health	2998
treatment records, and other pertinent information with county	2999
sheriffs' offices, hospitals, institutions, and facilities of the	3000
department of mental health and addiction services and with	3001
community mental health services providers and boards of alcohol,	3002
drug addiction, and mental health services with which the	3003
department of mental health and addiction services has a current	3004
agreement for patient care or services to ensure continuity of	3005
care. Disclosure under this division is limited to records	3006
regarding a mentally ill inmate's medication history, physical	3007
health status and history, summary of course of treatment, summary	3008
of treatment needs, and a discharge summary, if any. No office,	3009
department, agency, provider, or board shall disclose the records	3010
and other information unless one of the following applies:	3011

(a) The mentally ill inmate is notified of the possible	3012
disclosure and consents to the disclosure.	3013

(b) The mentally ill inmate is notified of the possible	3014
disclosure, an attempt to gain the consent of the inmate is made,	3015
and the office, department, agency, or board documents the attempt	3016
to gain consent, the inmate's objections, if any, and the reasons	3017
for disclosure in spite of the inmate's objections.	3018

(7) Information may be disclosed to staff members designated	3019
by the director of rehabilitation and correction for the purpose	3020
of evaluating the quality, effectiveness, and efficiency of	3021
services and determining if the services meet minimum standards.	3022

The name of an inmate patient shall not be retained with the	3023
information obtained during the evaluations.	3024

(L) The director of rehabilitation and correction may adopt	3025
rules setting forth guidelines for the procedures required under	3026
divisions (B), (C)(1), and (C)(2) of this section.	3027

Sec. 5122.01. As used in this chapter and Chapter 5119. of	3028
the Revised Code:	3029

(A) "Mental illness" means a substantial disorder of thought,	3030
mood, perception, orientation, or memory that grossly impairs	3031
judgment, behavior, capacity to recognize reality, or ability to	3032
meet the ordinary demands of life.	3033

(B) "Mentally ill person subject to ~~hospitalization by~~ court	3034
order" means a mentally ill person who, because of the person's	3035
illness:	3036

(1) Represents a substantial risk of physical harm to self as	3037
manifested by evidence of threats of, or attempts at, suicide or	3038
serious self-inflicted bodily harm;	3039

(2) Represents a substantial risk of physical harm to others	3040
as manifested by evidence of recent homicidal or other violent	3041
behavior, evidence of recent threats that place another in	3042
reasonable fear of violent behavior and serious physical harm, or	3043
other evidence of present dangerousness;	3044

(3) Represents a substantial and immediate risk of serious	3045
physical impairment or injury to self as manifested by evidence	3046
that the person is unable to provide for and is not providing for	3047
the person's basic physical needs because of the person's mental	3048
illness and that appropriate provision for those needs cannot be	3049
made immediately available in the community; or	3050

(4) Would benefit from treatment in a hospital for the	3051
person's mental illness and is in need of such treatment as	3052
manifested by evidence of behavior that creates a grave and	3053
imminent risk to substantial rights of others or the person;	3054

(5)(a) Would benefit from treatment as manifested by evidence	3055
of behavior that indicates all of the following:	3056

(i) The person is unlikely to survive safely in the community	3057
without supervision, based on a clinical determination.	3058

(ii) The person has a history of lack of compliance with	3059
treatment for mental illness and one of the following applies:	3060

(I) At least twice within the thirty-six months prior to the	3061
filing of an affidavit seeking court-ordered treatment of the	3062
person under section 5122.111 of the Revised Code, the lack of	3063
compliance has been a significant factor in necessitating	3064
hospitalization in a hospital or receipt of services in a forensic	3065
or other mental health unit of a correctional facility, provided	3066
that the thirty-six-month period shall be extended by the length	3067
of any hospitalization or incarceration of the person that	3068
occurred within the thirty-six-month period.	3069

(II) Within the forty-eight months prior to the filing of an	3070
affidavit seeking court-ordered treatment of the person under	3071
section 5122.111 of the Revised Code, the lack of compliance	3072
resulted in one or more acts of serious violent behavior toward	3073
self or others or threats of, or attempts at, serious physical	3074
harm to self or others, provided that the forty-eight-month period	3075
shall be extended by the length of any hospitalization or	3076
incarceration of the person that occurred within the	3077
forty-eight-month period.	3078

(iii) The person, as a result of the person's mental illness,	3079
is unlikely to voluntarily participate in necessary treatment.	3080

(iv) In view of the person's treatment history and current	3081
behavior, the person is in need of treatment in order to prevent a	3082
relapse or deterioration that would be likely to result in	3083
substantial risk of serious harm to the person or others.	3084

(b) An individual who meets only the criteria described in	3085
division (B)(5)(a) of this section is not subject to	3086
hospitalization.	3087

(C)(1) "Patient" means, subject to division (C)(2) of this	3088
section, a person who is admitted either voluntarily or	3089
involuntarily to a hospital or other place under section 2945.39,	3090
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	3091
finding of not guilty by reason of insanity or incompetence to	3092
stand trial or under this chapter, who is under observation or	3093
receiving treatment in such place.	3094

(2) "Patient" does not include a person admitted to a	3095
hospital or other place under section 2945.39, 2945.40, 2945.401,	3096
or 2945.402 of the Revised Code to the extent that the reference	3097
in this chapter to patient, or the context in which the reference	3098
occurs, is in conflict with any provision of sections 2945.37 to	3099
2945.402 of the Revised Code.	3100

(D) "Licensed physician" means a person licensed under the	3101
laws of this state to practice medicine or a medical officer of	3102
the government of the United States while in this state in the	3103
performance of the person's official duties.	3104

(E) "Psychiatrist" means a licensed physician who has	3105
satisfactorily completed a residency training program in	3106
psychiatry, as approved by the residency review committee of the	3107
American medical association, the committee on post-graduate	3108
education of the American osteopathic association, or the American	3109
osteopathic board of neurology and psychiatry, or who on July 1,	3110
1989, has been recognized as a psychiatrist by the Ohio state	3111
medical association or the Ohio osteopathic association on the	3112
basis of formal training and five or more years of medical	3113
practice limited to psychiatry.	3114

(F) "Hospital" means a hospital or inpatient unit licensed by	3115
the department of mental health and addiction services under	3116
section 5119.33 of the Revised Code, and any institution,	3117
hospital, or other place established, controlled, or supervised by	3118
the department under Chapter 5119. of the Revised Code.	3119

(G) "Public hospital" means a facility that is tax-supported	3120
and under the jurisdiction of the department of mental health and	3121
addiction services.	3122

(H) "Community mental health services provider" means an	3123
agency, association, corporation, individual, or program that	3124
provides community mental health services that are certified by	3125
the director of mental health and addiction services under section	3126
5119.36 of the Revised Code.	3127

(I) "Licensed clinical psychologist" means a person who holds	3128
a current valid psychologist license issued under section 4732.12	3129
of the Revised Code, and in addition, meets the educational	3130
requirements set forth in division (B) of section 4732.10 of the	3131
Revised Code and has a minimum of two years' full-time	3132
professional experience, or the equivalent as determined by rule	3133
of the state board of psychology, at least one year of which shall	3134
be a predoctoral internship, in clinical psychological work in a	3135
public or private hospital or clinic or in private practice,	3136
diagnosing and treating problems of mental illness or mental	3137
retardation under the supervision of a psychologist who is	3138
licensed or who holds a diploma issued by the American board of	3139
professional psychology, or whose qualifications are substantially	3140
similar to those required for licensure by the state board of	3141
psychology when the supervision has occurred prior to enactment of	3142
laws governing the practice of psychology.	3143

(J) "Health officer" means any public health physician;	3144
public health nurse; or other person authorized by or designated	3145
by a city health district; a general health district; or a board	3146
of alcohol, drug addiction, and mental health services to perform	3147
the duties of a health officer under this chapter.	3148

(K) "Chief clinical officer" means the medical director of a	3149
hospital, or a community mental health services provider, or a	3150
board of alcohol, drug addiction, and mental health services, or,	3151
if there is no medical director, the licensed physician	3152
responsible for the treatment a hospital or community mental	3153
health services provider provides. The chief clinical officer may	3154
delegate to the attending physician responsible for a patient's	3155
care the duties imposed on the chief clinical officer by this	3156
chapter. Within a community mental health services provider, the	3157
chief clinical officer shall be designated by the governing body	3158
of the services provider and shall be a licensed physician or	3159
licensed clinical psychologist who supervises diagnostic and	3160
treatment services. A licensed physician or licensed clinical	3161
psychologist designated by the chief clinical officer may perform	3162
the duties and accept the responsibilities of the chief clinical	3163
officer in the chief clinical officer's absence.	3164

(L) "Working day" or "court day" means Monday, Tuesday,	3165
Wednesday, Thursday, and Friday, except when such day is a	3166
holiday.	3167

(M) "Indigent" means unable without deprivation of	3168
satisfaction of basic needs to provide for the payment of an	3169
attorney and other necessary expenses of legal representation,	3170
including expert testimony.	3171

(N) "Respondent" means the person whose detention,	3172
commitment, hospitalization, continued hospitalization or	3173
commitment, or discharge is being sought in any proceeding under	3174
this chapter.	3175

(O) "Ohio protection and advocacy system" has the same	3176
meaning as in section 5123.60 of the Revised Code.	3177

(P) "Independent expert evaluation" means an evaluation	3178
conducted by a licensed clinical psychologist, psychiatrist, or	3179
licensed physician who has been selected by the respondent or the	3180
respondent's counsel and who consents to conducting the	3181
evaluation.	3182

(Q) "Court" means the probate division of the court of common	3183
pleas.	3184

(R) "Expunge" means:

3185

(1) The removal and destruction of court files and records,	3186
originals and copies, and the deletion of all index references;	3187

(2) The reporting to the person of the nature and extent of	3188
any information about the person transmitted to any other person	3189
by the court;	3190

(3) Otherwise insuring that any examination of court files	3191
and records in question shall show no record whatever with respect	3192
to the person;	3193

(4) That all rights and privileges are restored, and that the	3194
person, the court, and any other person may properly reply that no	3195
such record exists, as to any matter expunged.	3196

(S) "Residence" means a person's physical presence in a	3197
county with intent to remain there, except that:	3198

(1) If a person is receiving a mental health service at a	3199
facility that includes nighttime sleeping accommodations,	3200
residence means that county in which the person maintained the	3201
person's primary place of residence at the time the person entered	3202
the facility;	3203

(2) If a person is committed pursuant to section 2945.38,	3204
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	3205
residence means the county where the criminal charges were filed.	3206

When the residence of a person is disputed, the matter of	3207
residence shall be referred to the department of mental health and	3208
addiction services for investigation and determination. Residence	3209
shall not be a basis for a board's denying services to any person	3210
present in the board's service district, and the board shall	3211
provide services for a person whose residence is in dispute while	3212
residence is being determined and for a person in an emergency	3213
situation.	3214

(T) "Admission" to a hospital or other place means that a	3215
patient is accepted for and stays at least one night at the	3216
hospital or other place.	3217

(U) "Prosecutor" means the prosecuting attorney, village	3218
solicitor, city director of law, or similar chief legal officer	3219
who prosecuted a criminal case in which a person was found not	3220
guilty by reason of insanity, who would have had the authority to	3221
prosecute a criminal case against a person if the person had not	3222
been found incompetent to stand trial, or who prosecuted a case in	3223
which a person was found guilty.	3224

(V)(1) "Treatment plan" means a written statement of	3225
reasonable objectives and goals for an individual established by	3226
the treatment team, with specific criteria to evaluate progress	3227
towards achieving those objectives. ~~The~~	3228

(2) The active participation of the patient in establishing	3229
the objectives and goals shall be documented. The treatment plan	3230
shall be based on patient needs and include services to be	3231
provided to the patient while the patient is hospitalized ~~and~~,	3232
after the patient is discharged, or in an outpatient setting. The	3233
treatment plan shall address services to be provided ~~upon~~	3234
~~discharge, including~~. In the establishment of the treatment plan,	3235
consideration should be given to the availability of services,	3236
which may include but are not limited to ~~housing, financial, and~~	3237
~~vocational services~~all of the following:	3238

(a) Community psychiatric supportive treatment;

3239

(b) Assertive community treatment;

3240

3241

(d) Individual or group therapy;

3242

(e) Peer support services;

3243

(f) Financial services;

3244

(g) Housing or supervised living services;

3245

(h) Alcohol or substance abuse treatment;

3246

(i) Any other services prescribed to treat the patient's	3247
mental illness and to either assist the patient in living and	3248
functioning in the community or to help prevent a relapse or a	3249
deterioration of the patient's current condition.	3250

(3) If the person subject to the treatment plan has executed	3251
an advanced directive for mental health treatment, the treatment	3252
team shall consider any directions included in such advanced	3253
directive in developing the treatment plan.	3254

(W) "Community control sanction" has the same meaning as in	3255
section 2929.01 of the Revised Code.	3256

(X) "Post-release control sanction" has the same meaning as	3257
in section 2967.01 of the Revised Code.	3258

(Y) "Local correctional facility" has the same meaning as in	3259
section 2903.13 of the Revised Code.	3260

Sec. 5122.03. A patient admitted under section 5122.02 of	3261
the Revised Code who requests release in writing, or whose release	3262
is requested in writing by the patient's counsel, legal guardian,	3263
parent, spouse, or adult next of kin shall be released forthwith,	3264
except that when:	3265

(A) The patient was admitted on the patient's own application	3266
and the request for release is made by a person other than the	3267
patient, release may be conditional upon the agreement of the	3268
patient; or	3269

(B) The chief clinical officer of the hospital, within three	3270
court days from the receipt of the request for release, files or	3271
causes to be filed with the court of the county where the patient	3272
is hospitalized or of the county where the patient is a resident,	3273
an affidavit under section 5122.11 of the Revised Code. Release	3274
may be postponed until the hearing held under section 5122.141 of	3275
the Revised Code. A telephone communication within three court	3276
days from the receipt of the request for release from the chief	3277
clinical officer to the court, indicating that the required	3278
affidavit has been mailed, is sufficient compliance with the time	3279
limit for filing such affidavit.	3280

Unless the patient is released within three days from the	3281
receipt of the request by the chief clinical officer, the request	3282
shall serve as a request for an initial hearing under section	3283
5122.141 of the Revised Code. If the court finds that the patient	3284
is a mentally ill person subject to ~~hospitalization by~~ court	3285
order, all provisions of this chapter with respect to involuntary	3286
hospitalization apply to such person.	3287

Judicial proceedings for hospitalization shall not be	3288
commenced with respect to a voluntary patient except pursuant to	3289
this section.	3290

Sections 5121.30 to 5121.56 of the Revised Code apply to	3291
persons received in a hospital operated by the department of	3292
mental health and addiction services on a voluntary application.	3293

The chief clinical officer of the hospital shall provide	3294
reasonable means and arrangements for informing patients of their	3295
rights to release as provided in this section and for assisting	3296
them in making and presenting requests for release or for a	3297
hearing under section 5122.141 of the Revised Code.	3298

Before a patient is released from a public hospital, the	3299
chief clinical officer shall, when possible, notify the board of	3300
the patient's county of residence of the patient's pending release	3301
after the chief clinical officer has informed the patient that the	3302
board will be so notified.	3303

Sec. 5122.05. (A) The chief clinical officer of a hospital	3304
may, and the chief clinical officer of a public hospital in all	3305
cases of psychiatric medical emergencies, shall receive for	3306
observation, diagnosis, care, and treatment any person whose	3307
admission is applied for under any of the following procedures:	3308

(1) Emergency procedure, as provided in section 5122.10 of	3309
the Revised Code;	3310

(2) Judicial procedure as provided in sections 2945.38,	3311
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of	3312
the Revised Code.	3313

Upon application for such admission, the chief clinical	3314
officer of a hospital immediately shall notify the board of the	3315
patient's county of residence. To assist the hospital in	3316
determining whether the patient is subject to involuntary	3317
hospitalization and whether alternative services are available,	3318
the board or an agency the board designates promptly shall assess	3319
the patient unless the board or agency already has performed such	3320
assessment, or unless the commitment is pursuant to section	3321
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3322
Code.	3323

(B) No person who is being treated by spiritual means through	3324
prayer alone, in accordance with a recognized religious method of	3325
healing, may be involuntarily committed unless the court has	3326
determined that the person represents a substantial risk of	3327
impairment or injury to self or others;	3328

(C) Any person who is involuntarily detained in a hospital or	3329
otherwise is in custody under this chapter, immediately upon being	3330
taken into custody, shall be informed and provided with a written	3331
statement that the person may do any of the following:	3332

(1) Immediately make a reasonable number of telephone calls	3333
or use other reasonable means to contact an attorney, a licensed	3334
physician, or a licensed clinical psychologist, to contact any	3335
other person or persons to secure representation by counsel, or to	3336
obtain medical or psychological assistance, and be provided	3337
assistance in making calls if the assistance is needed and	3338
requested;	3339

(2) Retain counsel and have independent expert evaluation of	3340
the person's mental condition and, if the person is unable to	3341
obtain an attorney or independent expert evaluation, be	3342
represented by court-appointed counsel or have independent expert	3343
evaluation of the person's mental condition, or both, at public	3344
expense if the person is indigent;	3345

(3) Have a hearing to determine whether or not the person is	3346
a mentally ill person subject to ~~hospitalization by~~ court order.	3347

Sec. 5122.10. Any psychiatrist, licensed clinical	3348
psychologist, licensed physician, health officer, parole officer,	3349
police officer, or sheriff may take a person into custody, or the	3350
chief of the adult parole authority or a parole or probation	3351
officer with the approval of the chief of the authority may take a	3352
parolee, an offender under a community control sanction or a	3353
post-release control sanction, or an offender under transitional	3354
control into custody and may immediately transport the parolee,	3355
offender on community control or post-release control, or offender	3356
under transitional control to a hospital or, notwithstanding	3357
section 5119.33 of the Revised Code, to a general hospital not	3358
licensed by the department of mental health and addiction services	3359
where the parolee, offender on community control or post-release	3360
control, or offender under transitional control may be held for	3361
the period prescribed in this section, if the psychiatrist,	3362
licensed clinical psychologist, licensed physician, health	3363
officer, parole officer, police officer, or sheriff has reason to	3364
believe that the person is a mentally ill person subject to	3365
~~hospitalization by~~ court order under division (B) of section	3366
5122.01 of the Revised Code, and represents a substantial risk of	3367
physical harm to self or others if allowed to remain at liberty	3368
pending examination.	3369

A written statement shall be given to such hospital by the	3370
transporting psychiatrist, licensed clinical psychologist,	3371
licensed physician, health officer, parole officer, police	3372
officer, chief of the adult parole authority, parole or probation	3373
officer, or sheriff stating the circumstances under which such	3374
person was taken into custody and the reasons for the	3375
psychiatrist's, licensed clinical psychologist's, licensed	3376
physician's, health officer's, parole officer's, police officer's,	3377
chief of the adult parole authority's, parole or probation	3378
officer's, or sheriff's belief. This statement shall be made	3379
available to the respondent or the respondent's attorney upon	3380
request of either.	3381

Every reasonable and appropriate effort shall be made to take	3382
persons into custody in the least conspicuous manner possible. A	3383
person taking the respondent into custody pursuant to this section	3384
shall explain to the respondent: the name and professional	3385
designation and affiliation of the person taking the respondent	3386
into custody; that the custody-taking is not a criminal arrest;	3387
and that the person is being taken for examination by mental	3388
health professionals at a specified mental health facility	3389
identified by name.	3390

If a person taken into custody under this section is	3391
transported to a general hospital, the general hospital may admit	3392
the person, or provide care and treatment for the person, or both,	3393
notwithstanding section 5119.33 of the Revised Code, but by the	3394
end of twenty-four hours after arrival at the general hospital,	3395
the person shall be transferred to a hospital as defined in	3396
section 5122.01 of the Revised Code.	3397

A person transported or transferred to a hospital or	3398
community mental health services provider under this section shall	3399
be examined by the staff of the hospital or services provider	3400
within twenty-four hours after arrival at the hospital or services	3401
provider. If to conduct the examination requires that the person	3402
remain overnight, the hospital or services provider shall admit	3403
the person in an unclassified status until making a disposition	3404
under this section. After the examination, if the chief clinical	3405
officer of the hospital or services provider believes that the	3406
person is not a mentally ill person subject to ~~hospitalization by~~	3407
court order, the chief clinical officer shall release or discharge	3408
the person immediately unless a court has issued a temporary order	3409
of detention applicable to the person under section 5122.11 of the	3410
Revised Code. After the examination, if the chief clinical officer	3411
believes that the person is a mentally ill person subject to	3412
~~hospitalization by~~ court order, the chief clinical officer may	3413
detain the person for not more than three court days following the	3414
day of the examination and during such period admit the person as	3415
a voluntary patient under section 5122.02 of the Revised Code or	3416
file an affidavit under section 5122.11 of the Revised Code. If	3417
neither action is taken and a court has not otherwise issued a	3418
temporary order of detention applicable to the person under	3419
section 5122.11 of the Revised Code, the chief clinical officer	3420
shall discharge the person at the end of the three-day period	3421
unless the person has been sentenced to the department of	3422
rehabilitation and correction and has not been released from the	3423
person's sentence, in which case the person shall be returned to	3424
that department.	3425

Sec. 5122.11. Proceedings for ~~the hospitalization of~~ a	3426
mentally ill person subject to court order pursuant to sections	3427
5122.11 to 5122.15 of the Revised Code shall be commenced by the	3428
filing of an affidavit in the manner ~~and form~~ prescribed by the	3429
department of mental health and addiction services and in a form	3430
prescribed in section 5122.111 of the Revised Code, by any person	3431
or persons with the probate court in the county where the mentally	3432
ill person subject to court order resides, either on reliable	3433
information or actual knowledge, whichever is determined to be	3434
proper by the court. This section does not apply to the	3435
hospitalization of a person pursuant to section 2945.39, 2945.40,	3436
2945.401, or 2945.402 of the Revised Code.	3437

The affidavit shall contain an allegation setting forth the	3438
specific category or categories under division (B) of section	3439
5122.01 of the Revised Code upon which the jurisdiction of the	3440
court is based and a statement of alleged facts sufficient to	3441
indicate probable cause to believe that the person is a mentally	3442
ill person subject to ~~hospitalization by~~ court order. The	3443
affidavit may be accompanied, or the court may require that the	3444
affidavit be accompanied, by a certificate of a psychiatrist, or a	3445
certificate signed by a licensed clinical psychologist and a	3446
certificate signed by a licensed physician stating that the person	3447
who issued the certificate has examined the person and is of the	3448
opinion that the person is a mentally ill person subject to	3449
~~hospitalization by~~ court order, or shall be accompanied by a	3450
written statement by the applicant, under oath, that the person	3451
has refused to submit to an examination by a psychiatrist, or by a	3452
licensed clinical psychologist and licensed physician.	3453

Upon receipt of the affidavit, if a judge of the court or a	3454
referee who is an attorney at law appointed by the court has	3455
probable cause to believe that the person named in the affidavit	3456
is a mentally ill person subject to ~~hospitalization by~~ court	3457
order, the judge or referee may issue a temporary order of	3458
detention ordering any health or police officer or sheriff to take	3459
into custody and transport the person to a hospital or other place	3460
designated in section 5122.17 of the Revised Code, or may set the	3461
matter for further hearing. If a temporary order of detention is	3462
issued and the person is transported to a hospital or other	3463
designated place, the court that issued the order shall retain	3464
jurisdiction over the case as it relates to the person's	3465
outpatient treatment, notwithstanding that the hospital or other	3466
designated place to which the person is transported is outside the	3467
territorial jurisdiction of the court.	3468

The person may be observed and treated until the hearing	3469
provided for in section 5122.141 of the Revised Code. If no such	3470
hearing is held, the person may be observed and treated until the	3471
hearing provided for in section 5122.15 of the Revised Code.	3472

Sec. 5122.111. To initiate proceedings for court-ordered	3473
treatment of a person under section 5122.11 of the Revised Code, a	3474
person or persons shall file an affidavit with the probate court	3475
that is identical in form and content to the following:	3476

AFFIDAVIT OF MENTAL ILLNESS

3477

		3478
The State of Ohio		3479
..................... County,	ss.	3480
..................... Court		3481

.................................................................			3482
the undersigned, residing at			3483
.................................................................			3484
says, that he/she has information to believe or has actual knowledge that			3485
.................................................................			3486

(Please specify specific category(ies) below with an X.)	3487

[ ] Represents a substantial risk of physical harm to self as	3488
manifested by evidence of threats of, or attempts at, suicide or	3489
serious self-inflicted bodily harm;	3490

[ ] Represents a substantial risk of physical harm to others as	3491
manifested by evidence of recent homicidal or other violent	3492
behavior or evidence of recent threats that place another in	3493
reasonable fear of violent behavior and serious physical harm or	3494
other evidence of present dangerousness;	3495

[ ] Represents a substantial and immediate risk of serious	3496
physical impairment or injury to self as manifested by evidence of	3497
being unable to provide for and of not providing for basic	3498
physical needs because of mental illness and that appropriate	3499
provision for such needs cannot be made immediately available in	3500
the community;	3501

[ ] Would benefit from treatment for mental illness and is in need	3502
of such treatment as manifested by evidence of behavior that	3503
creates a grave and imminent risk to substantial rights of others	3504
or the person; or	3505

[ ] Would benefit from treatment as manifested by evidence of	3506
behavior that indicates all of the following:	3507

(a) The person is unlikely to survive safely in the community	3508
without supervision, based on a clinical determination.	3509

(b) The person has a history of lack of compliance with treatment	3510
for mental illness and one of the following applies:	3511

(i) At least twice within the thirty-six months prior to the	3512
filing of an affidavit seeking court-ordered treatment of the	3513
person under section 5122.111 of the Revised Code, the lack of	3514
compliance has been a significant factor in necessitating	3515
hospitalization in a hospital or receipt of services in a forensic	3516
or other mental health unit of a correctional facility, provided	3517
that the thirty-six-month period shall be extended by the length	3518
of any hospitalization or incarceration of the person that	3519
occurred within the thirty-six-month period.	3520

(ii) Within the forty-eight months prior to the filing of an	3521
affidavit seeking court-ordered treatment of the person under	3522
section 5122.111 of the Revised Code, the lack of compliance	3523
resulted in one or more acts of serious violent behavior toward	3524
self or others or threats of, or attempts at, serious physical	3525
harm to self or others, provided that the forty-eight-month period	3526
shall be extended by the length of any hospitalization or	3527
incarceration of the person that occurred within the	3528
forty-eight-month period.	3529

(c) The person, as a result of mental illness, is unlikely to	3530
voluntarily participate in necessary treatment.	3531

(d) In view of the person's treatment history and current	3532
behavior, the person is in need of treatment in order to prevent a	3533
relapse or deterioration that would be likely to result in	3534
substantial risk of serious harm to the person or others.	3535

.................................................................			3536
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows:			3537
.................................................................			3538
.................................................................			3539
.................................................................			3540
.................................................................			3541
.................................................................			3542
.................................................................			3543
These facts being sufficient to indicate probable cause that the			3544
above said person is a mentally ill person subject to			3545
court order.			3546

Name of Patient's Last Physician or Licensed Clinical Psychologist			3547
.................................................................			3548
Address of Patient's Last Physician or Licensed Clinical Psychologist			3549
.................................................................			3550
.................................................................			3551

The name and address of respondent's legal guardian, spouse, and	3552
adult next of kin are:	3553

Name	Kinship	Address	3554
			3555
	Legal Guardian		3556
			3557
			3558
	Spouse		3559
			3560
			3561
	Adult Next of Kin		3562
			3563
			3564
	Adult Next of Kin		3565
			3566

The following constitutes additional information that may be			3567
necessary for the purpose of determining residence:			3568
.................................................................			3569
.................................................................			3570
.................................................................			3571
.................................................................			3572
.................................................................			3573

Dated this ............. day of ..............., 20...	3574

			3575
	Signature of the party filing the affidavit		3576

Sworn to before me and signed in my presence on the day and year	3577
above dated.	3578

			3579
	Signature of Probate Judge		3580

			3581
	Signature of Deputy Clerk		3582

WAIVER	3583

I, the undersigned party filing the affidavit hereby waive the	3584
issuing and service of notice of the hearing on said affidavit,	3585
and voluntarily enter my appearance herein.	3586

Dated this ............. day of ..............., 20...	3587

			3588
	Signature of the party filing the affidavit		3589

Sec. 5122.13. ~~Upon~~Within two business days after receipt of	3591
the affidavit required by section 5122.11 of the Revised Code, the	3592
probate court shall refer the affidavit to the board of alcohol,	3593
drug addiction, and mental health services or community mental	3594
health services provider the board designates to assist the court	3595
in determining whether the respondent is subject to	3596
~~hospitalization~~court-ordered treatment and whether ~~alternative~~	3597
~~services~~alternatives to hospitalization are available, unless the	3598
services provider or board has already performed such screening.	3599
The board or services provider shall review the allegations of the	3600
affidavit and other information relating to whether or not the	3601
person named in the affidavit or statement is a mentally ill	3602
person subject to ~~hospitalization by~~ court order, and the	3603
availability of appropriate treatment alternatives.	3604

The person who conducts the investigation shall promptly make	3605
a report to the court, in writing, in open court or in chambers,	3606
as directed by the court and a full record of the report shall be	3607
made by the court. The report is not admissible as evidence for	3608
the purpose of establishing whether or not the respondent is a	3609
mentally ill person subject to ~~hospitalization by~~ court order, but	3610
shall be considered by the court in its determination of an	3611
appropriate placement for any person after that person is found to	3612
be a mentally ill person subject to ~~hospitalization~~court order.	3613

The court, prior to the hearing under section 5122.141 of the	3614
Revised Code, shall release a copy of the investigative report to	3615
the respondent's counsel.	3616

Nothing in this section precludes a judge or referee from	3617
issuing a temporary order of detention pursuant to section 5122.11	3618
of the Revised Code.	3619

Sec. 5122.141. (A) A respondent who is involuntarily placed	3620
in a hospital or other place as designated in section 5122.10 or	3621
5122.17 of the Revised Code, or with respect to whom proceedings	3622
have been instituted under section 5122.11 of the Revised Code,	3623
shall be afforded a hearing to determine whether or not the	3624
respondent is a mentally ill person subject to ~~hospitalization by~~	3625
court order. The hearing shall be conducted pursuant to section	3626
5122.15 of the Revised Code, and the respondent shall have the	3627
right to counsel as provided in that section.	3628

(B) The hearing shall be conducted within five court days	3629
from the day on which the respondent is detained or an affidavit	3630
is filed, whichever occurs first, in a physical setting not likely	3631
to have a harmful effect on the respondent, and may be conducted	3632
in a hospital in or out of the county. On the motion of the	3633
respondent, ~~his~~the respondent's counsel, the chief clinical	3634
officer, or on its own motion, and for good cause shown, the court	3635
may order a continuance of the hearing. The continuance may be for	3636
no more than ten days from the day on which the respondent is	3637
detained or on which an affidavit is filed, whichever occurs	3638
first. Failure to conduct the hearing within this time shall	3639
effect an immediate discharge of the respondent. If the	3640
proceedings are not reinstituted within thirty days, all records	3641
of the proceedings shall be expunged.	3642

(C) If the court does not find that the respondent is a	3643
mentally ill person subject to ~~hospitalization by~~ court order, it	3644
shall order ~~his~~the respondent's immediate discharge, and shall	3645
expunge all record of the proceedings during this period.	3646

(D) If the court finds that the respondent is a mentally ill	3647
person subject to ~~hospitalization by~~ court order, the court may	3648
issue an interim order of detention ordering any health or police	3649
officer or sheriff to take into custody and transport such person	3650
to a hospital or other place designated in section 5122.17 of the	3651
Revised Code, where the respondent may be observed and treated.	3652

(E) A respondent or ~~his~~a respondent's counsel, after	3653
obtaining the consent of the respondent, may waive the hearing	3654
provided for in this section. In such case, unless the person has	3655
been discharged, a mandatory full hearing shall be held by the	3656
thirtieth day after the original involuntary detention of the	3657
respondent. Failure to conduct the mandatory full hearing within	3658
this time limit shall result in the immediate discharge of the	3659
respondent.	3660

(F) Where possible, the initial hearing shall be held before	3661
the respondent is taken into custody.	3662

Sec. 5122.15. (A) Full hearings shall be conducted in a	3663
manner consistent with this chapter and with due process of law.	3664
The hearings shall be conducted by a judge of the probate court or	3665
a referee designated by a judge of the probate court and may be	3666
conducted in or out of the county in which the respondent is held.	3667
Any referee designated under this division shall be an attorney.	3668

(1) With the consent of the respondent, the following shall	3669
be made available to counsel for the respondent:	3670

(a) All relevant documents, information, and evidence in the	3671
custody or control of the state or prosecutor;	3672

(b) All relevant documents, information, and evidence in the	3673
custody or control of the hospital in which the respondent	3674
currently is held, or in which the respondent has been held	3675
pursuant to this chapter;	3676

(c) All relevant documents, information, and evidence in the	3677
custody or control of any hospital, facility, or person not	3678
included in division (A)(1)(a) or (b) of this section.	3679

(2) The respondent has the right to attend the hearing and to	3680
be represented by counsel of the respondent's choice. The right to	3681
attend the hearing may be waived only by the respondent or counsel	3682
for the respondent after consultation with the respondent.	3683

(3) If the respondent is not represented by counsel, is	3684
absent from the hearing, and has not validly waived the right to	3685
counsel, the court shall appoint counsel immediately to represent	3686
the respondent at the hearing, reserving the right to tax costs of	3687
appointed counsel to the respondent, unless it is shown that the	3688
respondent is indigent. If the court appoints counsel, or if the	3689
court determines that the evidence relevant to the respondent's	3690
absence does not justify the absence, the court shall continue the	3691
case.	3692

(4) The respondent shall be informed that the respondent may	3693
retain counsel and have independent expert evaluation. If the	3694
respondent is unable to obtain an attorney, the respondent shall	3695
be represented by court-appointed counsel. If the respondent is	3696
indigent, court-appointed counsel and independent expert	3697
evaluation shall be provided as an expense under section 5122.43	3698
of the Revised Code.	3699

(5) The hearing shall be closed to the public, unless counsel	3700
for the respondent, with the permission of the respondent,	3701
requests that the hearing be open to the public.	3702

(6) If the hearing is closed to the public, the court, for	3703
good cause shown, may admit persons who have a legitimate interest	3704
in the proceedings. If the respondent, the respondent's counsel,	3705
or the designee of the director or of the chief clinical officer	3706
objects to the admission of any person, the court shall hear the	3707
objection and any opposing argument and shall rule upon the	3708
admission of the person to the hearing.	3709

(7) The affiant under section 5122.11 of the Revised Code	3710
shall be subject to subpoena by either party.	3711

(8) The court shall examine the sufficiency of all documents	3712
filed and shall inform the respondent, if present, and the	3713
respondent's counsel of the nature and content of the documents	3714
and the reason for which the respondent is being detained, or for	3715
which the respondent's placement is being sought.	3716

(9) The court shall receive only reliable, competent, and	3717
material evidence.	3718

(10) Unless proceedings are initiated pursuant to section	3719
5120.17 or 5139.08 of the Revised Code, an attorney that the board	3720
designates shall present the case demonstrating that the	3721
respondent is a mentally ill person subject to ~~hospitalization by~~	3722
court order. The attorney shall offer evidence of the diagnosis,	3723
prognosis, record of treatment, if any, and less restrictive	3724
treatment plans, if any. In proceedings pursuant to section	3725
5120.17 or 5139.08 of the Revised Code, the attorney general shall	3726
designate an attorney who shall present the case demonstrating	3727
that the respondent is a mentally ill person subject to	3728
~~hospitalization by~~ court order. The attorney shall offer evidence	3729
of the diagnosis, prognosis, record of treatment, if any, and less	3730
restrictive treatment plans, if any.	3731

(11) The respondent or the respondent's counsel has the right	3732
to subpoena witnesses and documents and to examine and	3733
cross-examine witnesses.	3734

(12) The respondent has the right, but shall not be	3735
compelled, to testify, and shall be so advised by the court.	3736

(13) On motion of the respondent or the respondent's counsel	3737
for good cause shown, or on the court's own motion, the court may	3738
order a continuance of the hearing.	3739

(14) If the respondent is represented by counsel and the	3740
respondent's counsel requests a transcript and record, or if the	3741
respondent is not represented by counsel, the court shall make and	3742
maintain a full transcript and record of the proceeding. If the	3743
respondent is indigent and the transcript and record is made, a	3744
copy shall be provided to the respondent upon request and be	3745
treated as an expense under section 5122.43 of the Revised Code.	3746

(15) To the extent not inconsistent with this chapter, the	3747
Rules of Civil Procedure are applicable.	3748

(B) Unless, upon completion of the hearing the court finds by	3749
clear and convincing evidence that the respondent is a mentally	3750
ill person subject to ~~hospitalization by~~ court order, it shall	3751
order the respondent's discharge immediately.	3752

(C) If, upon completion of the hearing, the court finds by	3753
clear and convincing evidence that the respondent is a mentally	3754
ill person subject to ~~hospitalization by~~ court order, the court	3755
shall order the respondent for a period not to exceed ninety days	3756
to any of the following:	3757

(1) A hospital operated by the department of mental health	3758
and addiction services if the respondent is committed pursuant to	3759
section 5139.08 of the Revised Code;	3760

(2) A nonpublic hospital;

3761

(3) The veterans' administration or other agency of the	3762
United States government;	3763

(4) A board of alcohol, drug addiction, and mental health	3764
services or services provider the board designates;	3765

(5) Receive private psychiatric or psychological care and	3766
treatment;	3767

(6) Any other suitable facility or person consistent with the	3768
diagnosis, prognosis, and treatment needs of the respondent. A	3769
jail or other local correctional facility is not a suitable	3770
facility.	3771

(D) Any order made pursuant to division (C)(2), (3), (5), or	3772
(6) of this section shall be conditioned upon the receipt by the	3773
court of consent by the hospital, facility, agency, or person to	3774
accept the respondent and may include a requirement that a person	3775
or entity described in division (C)(2), (3), (5), or (6) of this	3776
section inform the board of alcohol, drug addiction, and mental	3777
health services or community mental health services provider the	3778
board designates about the progress of the respondent with the	3779
treatment plan.	3780

(E) In determining the ~~place~~entity or person to which~~, or~~	3781
~~the person with whom,~~ the respondent is to be committed under	3782
division (C) of this section, the court shall consider the	3783
diagnosis, prognosis, preferences of the respondent and the	3784
projected treatment plan for the respondent and shall order the	3785
implementation of the least restrictive alternative available and	3786
consistent with treatment goals. If the court determines that the	3787
least restrictive alternative available that is consistent with	3788
treatment goals is inpatient hospitalization, the court's order	3789
shall so state.	3790

(F) During ~~such~~the ninety-day period the ~~hospital; facility;~~	3791
~~board of alcohol, drug addiction, and mental health services;~~	3792
~~services provider the board designates;~~entity or person shall	3793
examine and treat the ~~individual~~respondent. If the respondent is	3794
receiving treatment in an outpatient setting, or receives	3795
treatment in an outpatient setting during a subsequent period of	3796
continued commitment under division (H) of this section, the	3797
entity or person to whom the respondent is committed shall	3798
determine the appropriate outpatient treatment for the respondent.	3799
If, at any time prior to the expiration of the ninety-day period,	3800
it is determined by the ~~hospital, facility, board, services~~	3801
~~provider,~~entity or person that the respondent's treatment needs	3802
could be equally well met in an available and appropriate less	3803
restrictive ~~environment~~setting, both of the following apply:	3804

(1) The respondent shall be released from the care of the	3805
~~hospital, services provider, facility,~~entity or person	3806
immediately and shall be referred to the court together with a	3807
report of the findings and recommendations of the ~~hospital,~~	3808
~~services provider, facility,~~entity or person; ~~and~~	3809

(2) The ~~hospital, services provider, facility,~~entity or	3810
person shall notify the respondent's counsel or the attorney	3811
designated by a board of alcohol, drug addiction, and mental	3812
health services or, if the respondent was committed to a board or	3813
a services provider designated by the board, it shall place the	3814
respondent in the least restrictive ~~environment~~setting available	3815
consistent with treatment goals and notify the court and the	3816
respondent's counsel of the placement.	3817

The court shall dismiss the case or order placement in the	3818
least restrictive ~~environment~~setting.	3819

(G)(1) Except as provided in ~~divisions~~division (G)(2) ~~and~~	3820
~~(3)~~ of this section, any person ~~who has been committed under this~~	3821
~~section, or~~ for whom proceedings for ~~hospitalization~~treatment	3822
have been commenced pursuant to section 5122.11 of the Revised	3823
Code, may apply at any time for voluntary admission or treatment	3824
to the ~~hospital, facility, or services provider that the board~~	3825
~~designates,~~entity or person to which the person was committed.	3826
Upon admission as a voluntary patient the chief clinical officer	3827
of the ~~hospital, services provider, or other facility,~~entity or	3828
the person immediately shall notify the court, the patient's	3829
counsel, and the attorney designated by the board, if the attorney	3830
has entered the proceedings, in writing of that fact, and, upon	3831
receipt of the notice, the court shall dismiss the case.	3832

(2) A person who is found incompetent to stand trial or not	3833
guilty by reason of insanity and who is committed pursuant to	3834
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3835
Code shall not voluntarily commit the person pursuant to this	3836
section until after the final termination of the commitment, as	3837
described in division (J) of section 2945.401 of the Revised Code.	3838

(H) If, at the end of the first ninety-day period or any	3839
subsequent period of continued commitment, there has been no	3840
disposition of the case, either by discharge or voluntary	3841
admission or treatment, the ~~hospital, facility, board, services~~	3842
~~provider,~~entity or person shall discharge the patient	3843
immediately, unless at least ten days before the expiration of the	3844
period the attorney the board designates or the prosecutor files	3845
with the court an application for continued commitment. The	3846
application of the attorney or the prosecutor shall include a	3847
written report containing the diagnosis, prognosis, past	3848
treatment, a list of alternative treatment settings and plans, and	3849
identification of the treatment setting that is the least	3850
restrictive consistent with treatment needs. The attorney the	3851
board designates or the prosecutor shall file the written report	3852
at least three days prior to the full hearing. A copy of the	3853
application and written report shall be provided to the	3854
respondent's counsel immediately.	3855

The court shall hold a full hearing on applications for	3856
continued commitment at the expiration of the first ninety-day	3857
period and at least every two years after the expiration of the	3858
first ninety-day period.	3859

Hearings following any application for continued commitment	3860
are mandatory and may not be waived.	3861

For a respondent who is ordered to receive treatment in an	3862
outpatient setting, if at any time after the first ninety-day	3863
period the entity or person to whom the respondent was ordered	3864
determines that the respondent has demonstrated voluntary consent	3865
for treatment, that entity or person shall immediately notify the	3866
respondent, the respondent's counsel, the attorney designated by	3867
the board, and the court. The entity or person shall submit to the	3868
court a report of the findings and recommendations. The court may	3869
dismiss the case upon review of the facts.	3870

Upon request of a person who is involuntarily committed under	3871
this section, or the person's counsel, that is made more than one	3872
hundred eighty days after the person's last full hearing,	3873
mandatory or requested, the court shall hold a full hearing on the	3874
person's continued commitment. Upon the application of a person	3875
involuntarily committed under this section, supported by an	3876
affidavit of a psychiatrist or licensed clinical psychologist,	3877
alleging that the person no longer is a mentally ill person	3878
subject to ~~hospitalization by~~ court order, the court for good	3879
cause shown may hold a full hearing on the person's continued	3880
commitment prior to the expiration of one hundred eighty days	3881
after the person's last full hearing. Section 5122.12 of the	3882
Revised Code applies to all hearings on continued commitment.	3883

If the court, after a hearing for continued commitment finds	3884
by clear and convincing evidence that the respondent is a mentally	3885
ill person subject to ~~hospitalization by~~ court order, the court	3886
may order continued commitment at places or to persons specified	3887
in division (C) of this section.	3888

(I) Unless the admission is pursuant to section 5120.17 or	3889
5139.08 of the Revised Code, the chief clinical officer of the	3890
~~hospital or services provider~~entity admitting a respondent	3891
pursuant to a judicial proceeding, within ten working days of the	3892
admission, shall make a report of the admission to the board of	3893
alcohol, drug addiction, and mental health services serving the	3894
respondent's county of residence.	3895

(J) A referee appointed by the court may make all orders that	3896
a judge may make under this section and sections 5122.11 and	3897
5122.141 of the Revised Code, except an order of contempt of	3898
court. The orders of a referee take effect immediately. Within	3899
fourteen days of the making of an order by a referee, a party may	3900
file written objections to the order with the court. The filed	3901
objections shall be considered a motion, shall be specific, and	3902
shall state their grounds with particularity. Within ten days of	3903
the filing of the objections, a judge of the court shall hold a	3904
hearing on the objections and may hear and consider any testimony	3905
or other evidence relating to the respondent's mental condition.	3906
At the conclusion of the hearing, the judge may ratify, rescind,	3907
or modify the referee's order.	3908

(K) An order of the court under division (C), (H), or (J) of	3909
this section is a final order.	3910

(L) Before a board, or a services provider the board	3911
designates, may place an unconsenting respondent in an inpatient	3912
setting from a less restrictive placement, the board or services	3913
provider shall do all of the following:	3914

(1) Determine that the respondent is in immediate need of	3915
treatment in an inpatient setting because the respondent	3916
represents a substantial risk of physical harm to the respondent	3917
or others if allowed to remain in a less restrictive setting;	3918

(2) On the day of placement in the inpatient setting or on	3919
the next court day, file with the court a motion for transfer to	3920
an inpatient setting or communicate to the court by telephone that	3921
the required motion has been mailed;	3922

(3) Ensure that every reasonable and appropriate effort is	3923
made to take the respondent to the inpatient setting in the least	3924
conspicuous manner possible;	3925

(4) Immediately notify the board's designated attorney and	3926
the respondent's attorney.	3927

At the respondent's request, the court shall hold a hearing	3928
on the motion and make a determination pursuant to division (E) of	3929
this section within five days of the placement.	3930

(M) Before a board, or a services provider the board	3931
designates, may move a respondent from one residential placement	3932
to another, the board or services provider shall consult with the	3933
respondent about the placement. If the respondent objects to the	3934
placement, the proposed placement and the need for it shall be	3935
reviewed by a qualified mental health professional who otherwise	3936
is not involved in the treatment of the respondent.	3937

(N) The entity or person to whom the respondent was ordered	3938
for treatment in an outpatient setting may submit a report to the	3939
court indicating that the respondent has either failed to comply	3940
with the treatment plan or begun to demonstrate signs of	3941
decompensation that may be grounds for hospitalization. On receipt	3942
of the report, the court shall promptly schedule a hearing to	3943
review the case. The court shall conduct the hearing in a manner	3944
consistent with this chapter and due process of law. The board	3945
shall receive notice of the hearing and the board and entity or	3946
person treating the respondent shall submit a report to the court	3947
with a plan for appropriate alternative treatment, if any, or	3948
recommend that the court discontinue the court-ordered treatment.	3949
The court shall consider available and appropriate alternative	3950
placements but shall not impose criminal sanctions that result in	3951
confinement in a jail or other local correctional facility based	3952
on the respondent's failure to comply with the treatment plan. The	3953
court may not order the respondent to a more restrictive placement	3954
unless the criteria specified in division (L) of this section are	3955
met and may not order the respondent to an inpatient setting	3956
unless the court determines by clear and convincing evidence	3957
presented by the board that the respondent meets the criteria	3958
specified in divisions (A) and (B)(1), (2), (3), or (4) of section	3959
5122.01 of the Revised Code.	3960

Sec. 5122.19. Every person transported to a hospital or	3961
community mental health services provider pursuant to sections	3962
5122.11 to 5122.16 of the Revised Code, shall be examined by the	3963
staff of the hospital or services provider as soon as practicable	3964
after arrival at the hospital or services provider. Such an	3965
examination shall be held within twenty-four hours after the time	3966
of arrival, and if the chief clinical officer fails after such an	3967
examination to certify that in the chief clinical officer's	3968
opinion the person is a mentally ill person subject to	3969
~~hospitalization by~~ court order, the person shall be immediately	3970
released.	3971

Sec. 5122.21. (A) The chief clinical officer shall as	3972
frequently as practicable, and at least once every thirty days,	3973
examine or cause to be examined every patient, and, whenever the	3974
chief clinical officer determines that the conditions justifying	3975
involuntary hospitalization or commitment no longer obtain, shall	3976
discharge the patient not under indictment or conviction for crime	3977
and immediately make a report of the discharge to the department	3978
of mental health and addiction services. The chief clinical	3979
officer may discharge a patient who is under an indictment, a	3980
sentence of imprisonment, a community control sanction, or a	3981
post-release control sanction or on parole ten days after written	3982
notice of intent to discharge the patient has been given by	3983
personal service or certified mail, return receipt requested, to	3984
the court having criminal jurisdiction over the patient. Except	3985
when the patient was found not guilty by reason of insanity and	3986
the defendant's commitment is pursuant to section 2945.40 of the	3987
Revised Code, the chief clinical officer has final authority to	3988
discharge a patient who is under an indictment, a sentence of	3989
imprisonment, a community control sanction, or a post-release	3990
control sanction or on parole.	3991

(B) After a finding pursuant to section 5122.15 of the	3992
Revised Code that a person is a mentally ill person subject to	3993
~~hospitalization by~~ court order, the chief clinical officer of the	3994
hospital or community mental health services provider to which the	3995
person is ordered or to which the person is transferred under	3996
section 5122.20 of the Revised Code, may grant a discharge without	3997
the consent or authorization of any court.	3998

Upon discharge, the chief clinical officer shall notify the	3999
court that caused the judicial hospitalization of the discharge	4000
from the hospital.	4001

Sec. 5122.27. The chief clinical officer of the hospital or	4002
the chief clinical officer's designee shall assure that all	4003
patients hospitalized or committed pursuant to this chapter shall:	4004

(A) Receive, within twenty days of their admission sufficient	4005
professional care to assure that an evaluation of current status,	4006
differential diagnosis, probable prognosis, and description of the	4007
current treatment plan is stated on the official chart;	4008

(B) Have a written treatment plan consistent with the	4009
evaluation, diagnosis, prognosis, and goals which shall be	4010
provided, upon request of the patient or patient's counsel, to the	4011
patient's counsel and to any private physician or licensed	4012
clinical psychologist designated by the patient or the patient's	4013
counsel or to the Ohio protection and advocacy system;	4014

(C) Receive treatment consistent with the treatment plan. The	4015
department of mental health and addiction services shall set	4016
standards for treatment provided to such patients, consistent	4017
wherever possible with standards set by the joint commission.	4018

(D) Receive periodic reevaluations of the treatment plan by	4019
the professional staff at intervals not to exceed ninety days;	4020

(E) Be provided with adequate medical treatment for physical	4021
disease or injury;	4022

(F) Receive humane care and treatment, including without	4023
limitation, the following:	4024

(1) The least restrictive environment consistent with the	4025
treatment plan;	4026

(2) The necessary facilities and personnel required by the	4027
treatment plan;	4028

(3) A humane psychological and physical environment;

4029

(4) The right to obtain current information concerning the	4030
patient's treatment program and expectations in terms that the	4031
patient can reasonably understand;	4032

(5) Participation in programs designed to afford the patient	4033
substantial opportunity to acquire skills to facilitate return to	4034
the community or to terminate an involuntary commitment;	4035

(6) The right to be free from unnecessary or excessive	4036
medication;	4037

(7) Freedom from restraints or isolation unless it is stated	4038
in a written order by the chief clinical officer or the chief	4039
clinical officer's designee, or the patient's individual physician	4040
or psychologist in a private or general hospital.	4041

If the chief clinical officer of the hospital is unable to	4042
provide the treatment required by divisions (C), (E), and (F) of	4043
this section for any patient hospitalized pursuant to Chapter	4044
5122. of the Revised Code, the chief clinical officer shall	4045
immediately notify the patient, the court, the Ohio protection and	4046
advocacy system, the director of mental health and addiction	4047
services, and the patient's counsel and legal guardian, if known.	4048
If within ten days after receipt of such notification by the	4049
director, the director is unable to effect a transfer of the	4050
patient, pursuant to section 5122.20 of the Revised Code, to a	4051
hospital, community mental health services provider, or other	4052
medical facility where treatment is available, or has not received	4053
an order of the court to the contrary, the involuntary commitment	4054
of any patient hospitalized pursuant to Chapter 5122. of the	4055
Revised Code and defined as a mentally ill person subject to	4056
~~hospitalization by~~ court order under division (B)(4) of section	4057
5122.01 of the Revised Code shall automatically be terminated.	4058

Sec. 5122.30. Any person detained pursuant to this chapter	4059
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	4060
Code shall be entitled to the writ of habeas corpus upon proper	4061
petition by self or by a friend to any court generally empowered	4062
to issue the writ of habeas corpus in the county in which the	4063
person is detained.	4064

No person may bring a petition for a writ of habeas corpus	4065
that alleges that a person involuntarily detained pursuant to this	4066
chapter no longer is a mentally ill person subject to	4067
~~hospitalization by~~ court order unless the person shows that the	4068
release procedures of division (H) of section 5122.15 of the	4069
Revised Code are inadequate or unavailable.	4070

Sec. 5122.31. (A) All certificates, applications, records,	4071
and reports made for the purpose of this chapter and sections	4072
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	4073
Code, other than court journal entries or court docket entries,	4074
and directly or indirectly identifying a patient or former patient	4075
or person whose hospitalization or commitment has been sought	4076
under this chapter, shall be kept confidential and shall not be	4077
disclosed by any person except:	4078

(1) If the person identified, or the person's legal guardian,	4079
if any, or if the person is a minor, the person's parent or legal	4080
guardian, consents, and if the disclosure is in the best interests	4081
of the person, as may be determined by the court for judicial	4082
records and by the chief clinical officer for medical records;	4083

(2) When disclosure is provided for in this chapter or	4084
Chapters 340. or 5119. of the Revised Code or in accordance with	4085
other provisions of state or federal law authorizing such	4086
disclosure;	4087

(3) That hospitals, boards of alcohol, drug addiction, and	4088
mental health services, and community mental health services	4089
providers may release necessary medical information to insurers	4090
and other third-party payers, including government entities	4091
responsible for processing and authorizing payment, to obtain	4092
payment for goods and services furnished to the patient;	4093

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

4094

(5) That a patient shall be granted access to the patient's	4095
own psychiatric and medical records, unless access specifically is	4096
restricted in a patient's treatment plan for clear treatment	4097
reasons;	4098

(6) That hospitals and other institutions and facilities	4099
within the department of mental health and addiction services may	4100
exchange psychiatric records and other pertinent information with	4101
other hospitals, institutions, and facilities of the department,	4102
and with community mental health services providers and boards of	4103
alcohol, drug addiction, and mental health services with which the	4104
department has a current agreement for patient care or services.	4105
Records and information that may be released pursuant to this	4106
division shall be limited to medication history, physical health	4107
status and history, financial status, summary of course of	4108
treatment in the hospital, summary of treatment needs, and a	4109
discharge summary, if any.	4110

(7) That hospitals within the department and other	4111
institutions and facilities within the department may exchange	4112
psychiatric records and other pertinent information with payers	4113
and other providers of treatment and health services if the	4114
purpose of the exchange is to facilitate continuity of care for a	4115
patient or for the emergency treatment of an individual;	4116

(8) That a patient's family member who is involved in the	4117
provision, planning, and monitoring of services to the patient may	4118
receive medication information, a summary of the patient's	4119
diagnosis and prognosis, and a list of the services and personnel	4120
available to assist the patient and the patient's family, if the	4121
patient's treating physician determines that the disclosure would	4122
be in the best interests of the patient. No such disclosure shall	4123
be made unless the patient is notified first and receives the	4124
information and does not object to the disclosure.	4125

(9) That community mental health services providers may	4126
exchange psychiatric records and certain other information with	4127
the board of alcohol, drug addiction, and mental health services	4128
and other services providers in order to provide services to a	4129
person involuntarily committed to a board. Release of records	4130
under this division shall be limited to medication history,	4131
physical health status and history, financial status, summary of	4132
course of treatment, summary of treatment needs, and discharge	4133
summary, if any.	4134

(10) That information may be disclosed to the executor or the	4135
administrator of an estate of a deceased patient when the	4136
information is necessary to administer the estate;	4137

(11) That records in the possession of the Ohio historical	4138
society may be released to the closest living relative of a	4139
deceased patient upon request of that relative;	4140

(12) That records pertaining to the patient's diagnosis,	4141
course of treatment, treatment needs, and prognosis shall be	4142
disclosed and released to the appropriate prosecuting attorney if	4143
the patient was committed pursuant to section 2945.38, 2945.39,	4144
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	4145
attorney designated by the board for proceedings pursuant to	4146
involuntary commitment under this chapter.	4147

(13) That the department of mental health and addiction	4148
services may exchange psychiatric hospitalization records, other	4149
mental health treatment records, and other pertinent information	4150
with the department of rehabilitation and correction and with the	4151
department of youth services to ensure continuity of care for	4152
inmates or offenders who are receiving mental health services in	4153
an institution of the department of rehabilitation and correction	4154
or the department of youth services and may exchange psychiatric	4155
hospitalization records, other mental health treatment records,	4156
and other pertinent information with boards of alcohol, drug	4157
addiction, and mental health services and community mental health	4158
services providers to ensure continuity of care for inmates or	4159
offenders who are receiving mental health services in an	4160
institution and are scheduled for release within six months. The	4161
department shall not disclose those records unless the inmate or	4162
offender is notified, receives the information, and does not	4163
object to the disclosure. The release of records under this	4164
division is limited to records regarding an inmate's or offender's	4165
medication history, physical health status and history, summary of	4166
course of treatment, summary of treatment needs, and a discharge	4167
summary, if any.	4168

(B) Before records are disclosed pursuant to divisions	4169
(A)(3), (6), and (9) of this section, the custodian of the records	4170
shall attempt to obtain the patient's consent for the disclosure.	4171
No person shall reveal the contents of a medical record of a	4172
patient except as authorized by law.	4173

(C) The managing officer of a hospital who releases necessary	4174
medical information under division (A)(3) of this section to allow	4175
an insurance carrier or other third party payor to comply with	4176
section 5121.43 of the Revised Code shall neither be subject to	4177
criminal nor civil liability.	4178

Sec. 5122.311. (A) Notwithstanding any provision of the	4179
Revised Code to the contrary, if, on or after April 8, 2004, an	4180
individual is found by a court to be a mentally ill person subject	4181
to ~~hospitalization by~~ court order or becomes an involuntary	4182
patient other than one who is a patient only for purposes of	4183
observation, the probate judge who made the adjudication or the	4184
chief clinical officer of the hospital, community mental health	4185
services provider, or facility in which the person is an	4186
involuntary patient shall notify the ~~bureau of criminal~~	4187
~~identification and investigation~~office of the attorney general,	4188
on the form described in division (C) of this section, of the	4189
identity of the individual. The notification shall be transmitted	4190
by the judge or the chief clinical officer not later than seven	4191
days after the adjudication or commitment.	4192

(B) The ~~bureau of criminal identification and investigation~~	4193
office of the attorney general shall compile and maintain the	4194
notices it receives under division (A) of this section and the	4195
notices shall ~~use them~~be used for the purpose of conducting	4196
incompetency records checks pursuant to section 311.41 of the	4197
Revised Code. The notices and the information they contain are	4198
confidential, except as provided in this division, and are not	4199
public records.	4200

(C) The attorney general, by rule adopted under Chapter 119.	4201
of the Revised Code, shall prescribe and make available to all	4202
probate judges and all chief clinical officers a form to be used	4203
by them for the purpose of making the notifications required by	4204
division (A) of this section.	4205

Sec. 5122.34. (A) Persons, including, but not limited to,	4206
boards of alcohol, drug addiction, and mental health services and	4207
community mental health services providers, acting in good faith,	4208
either upon actual knowledge or information thought by them to be	4209
reliable, who procedurally or physically assist in the	4210
hospitalization or discharge, determination of appropriate	4211
placement, court-ordered treatment, or in judicial proceedings of	4212
a person under this chapter, do not come within any criminal	4213
provisions, and are free from any liability to the person	4214
hospitalized or receiving court-ordered treatment or to any other	4215
person.	4216

(B) Regardless of whether any affirmative action has been	4217
taken under this chapter with respect to a mental health client or	4218
patient and except as otherwise provided in section 2305.51 of the	4219
Revised Code, no person shall be liable for any harm that results	4220
to any other person as a result of failing to disclose any	4221
confidential information about the mental health client or	4222
patient, or failing to otherwise attempt to protect such other	4223
person from harm by such client or patient.	4224

(C) This section applies to expert witnesses who testify at	4225
hearings under this chapter.	4226

(D) The immunity from liability conferred by this section is	4227
in addition to and not in limitation of any immunity conferred by	4228
any other section of the Revised Code or by judicial precedent.	4229

Sec. 5122.43. (A) Costs, fees, and expenses of all	4230
proceedings held under this chapter shall be paid as follows:	4231

(1) To police and health officers, other than sheriffs or	4232
their deputies, the same fees allowed to constables, to be paid	4233
upon the approval of the probate judge;	4234

(2) To sheriffs or their deputies, the same fees allowed for	4235
similar services in the court of common pleas;	4236

(3) To physicians or licensed clinical psychologists acting	4237
as expert witnesses and to other expert witnesses designated by	4238
the court, an amount determined by the court;	4239

(4) To other witnesses, the same fees and mileage as for	4240
attendance at the court of common pleas, to be paid upon the	4241
approval of the probate judge;	4242

(5) To a person, other than the sheriff or the sheriff's	4243
deputies, for taking a mentally ill person to a hospital or	4244
removing a mentally ill person from a hospital, the actual	4245
necessary expenses incurred, specifically itemized, and approved	4246
by the probate judge;	4247

(6) To assistants who convey mentally ill persons to the	4248
hospital when authorized by the probate judge, a fee set by the	4249
probate court, provided the assistants are not drawing a salary	4250
from the state or any political subdivision of the state, and	4251
their actual necessary expenses incurred, provided that the	4252
expenses are specifically itemized and approved by the probate	4253
judge;	4254

(7) To an attorney appointed by the probate division for an	4255
indigent who allegedly is a mentally ill person pursuant to any	4256
section of this chapter or a person suffering from alcohol and	4257
other drug abuse and who may be ordered under sections 5119.91 to	4258
5119.98 of the Revised Code to undergo treatment, the fees that	4259
are determined by the probate division. When those indigent	4260
persons are before the court, all filing and recording fees shall	4261
be waived.	4262

(8) To a referee who is appointed to conduct proceedings	4263
under this chapter that involve a respondent whose domicile is or,	4264
before the respondent's hospitalization, was not the county in	4265
which the proceedings are held, compensation as fixed by the	4266
probate division, but not more than the compensation paid for	4267
similar proceedings for respondents whose domicile is in the	4268
county in which the proceedings are held;	4269

(9) To a court reporter appointed to make a transcript of	4270
proceedings under this chapter, the compensation and fees allowed	4271
in other cases under section 2101.08 of the Revised Code.	4272

(B) A county shall pay for the costs, fees, and expenses	4273
described in division (A) of this section with money appropriated	4274
pursuant to section 2101.11 of the Revised Code. A county may seek	4275
reimbursement from the department of mental health and addiction	4276
services by submitting a request and certification by the county	4277
auditor of the costs, fees, and expenses to the department within	4278
two months of the date the costs, fees, and expenses are incurred	4279
by the county.	4280

Each fiscal year, based on past allocations, historical	4281
utilization, and other factors the department considers	4282
appropriate, the department shall allocate for each county an	4283
amount for reimbursements under this section. The total of all the	4284
allocations shall equal the amount appropriated for the fiscal	4285
year to the department specifically for the purposes of this	4286
section.	4287

On receipt, the department shall review each request for	4288
reimbursement and prepare a voucher for the amount of the costs,	4289
fees, and expenses incurred by the county, provided that the total	4290
amount of money paid to all counties in each fiscal year shall not	4291
exceed the total amount of moneys specifically appropriated to the	4292
department for these purposes.	4293

The department's total reimbursement to each county shall be	4294
the lesser of the full amount requested or the amount allocated	4295
for the county under this division. In addition, the department	4296
shall distribute any surplus remaining from the money appropriated	4297
for the fiscal year to the department for the purposes of this	4298
section as follows to counties whose full requests exceed their	4299
allocations:	4300

(1) If the surplus is sufficient to reimburse such counties	4301
the full amount of their requests, each such county shall receive	4302
the full amount of its request;	4303

(2) If the surplus is insufficient, each such county shall	4304
receive a percentage of the surplus determined by dividing the	4305
difference between the county's full request and its allocation by	4306
the difference between the total of the full requests of all such	4307
counties and the total of the amounts allocated for all such	4308
counties.	4309

The department may adopt rules in accordance with Chapter	4310
119. of the Revised Code to implement the payment of costs, fees,	4311
and expenses under this section.	4312

Sec. 5139.54. (A) Notwithstanding any other provision for	4313
determining when a child shall be released or discharged from the	4314
legal custody of the department of youth services, including	4315
jurisdictional provisions in section 2152.22 of the Revised Code,	4316
the release authority, for medical reasons, may release a child	4317
upon supervised release or discharge the child from the custody of	4318
the department when any of the following applies:	4319

(1) The child is terminally ill or otherwise in imminent	4320
danger of death.	4321

(2) The child is incapacitated due to injury, disease,	4322
illness, or other medical condition and is no longer a threat to	4323
public safety.	4324

(3) The child appears to be a mentally ill person subject to	4325
~~hospitalization by~~ court order, as defined in section 5122.01 of	4326
the Revised Code, or a mentally retarded person subject to	4327
institutionalization by court order, as defined in section 5123.01	4328
of the Revised Code.	4329

(B) When considering whether to release or discharge a child	4330
under this section for medical reasons, the release authority may	4331
request additional medical information about the child or may ask	4332
the department to conduct additional medical examinations.	4333

(C) The release authority shall determine the appropriate	4334
level of supervised release for a child released under this	4335
section. The terms and conditions of the release may require	4336
periodic medical reevaluations as appropriate. Upon granting a	4337
release or discharge under this section, the release authority	4338
shall give notice of the release and its terms and conditions or	4339
of the discharge to the court that committed the child to the	4340
custody of the department.	4341

(D) The release authority shall submit annually to the	4342
director of youth services a report that includes all of the	4343
following information for the previous calendar year:	4344

(1) The number of children the release authority considered	4345
for medical release or discharge;	4346

(2) The nature of the injury, disease, illness, or other	4347
medical condition of each child considered for medical release or	4348
discharge;	4349

(3) The decision made by the release authority for each	4350
child, including the reasons for denying medical release or	4351
discharge or for granting it;	4352

(4) The number of children on medical release who were	4353
returned to a secure facility or whose supervised release was	4354
revoked.	4355

Sec. 5305.22. (A) Any real estate or interest in real estate	4356
coming to a person by purchase, inheritance, or otherwise, after	4357
the spouse of the person is adjudged a mentally ill person subject	4358
to ~~hospitalization by~~ court order and admitted to either a	4359
hospital for persons with mental illness in this or any other	4360
state of the United States or the psychiatric department of any	4361
hospital of the United States, may be conveyed by the person while	4362
the person's spouse who is a mentally ill person subject to	4363
~~hospitalization by~~ court order remains a patient of that hospital,	4364
free and clear from any dower right or expectancy of the person's	4365
spouse who is a mentally ill person subject to ~~hospitalization by~~	4366
court order. Dower shall not attach to any real estate so acquired	4367
and conveyed during the time described in this section in favor of	4368
such spouse who is a mentally ill person subject to	4369
~~hospitalization by~~ court order. The indorsement upon the	4370
instrument of conveyance, by the superintendent of the hospital to	4371
which the spouse was admitted, that the spouse of the person	4372
conveying the real estate is a mentally ill person subject to	4373
~~hospitalization by~~ court order who has been admitted to that	4374
hospital, stating when received in that hospital and signed	4375
officially by the superintendent, shall be sufficient evidence of	4376
the fact that the spouse of the person conveying the real estate	4377
is a mentally ill person subject to ~~hospitalization by~~ court	4378
order. This indorsement shall be a part of the instrument of	4379
conveyance.	4380

(B) As used in this section, "mentally ill person subject to	4381
~~hospitalization by~~ court order" has the same meaning as in section	4382
5122.01 of the Revised Code.	4383

Sec. 5907.06. (A) A mentally ill person subject to	4384
~~hospitalization by~~ court order whose mental condition causes the	4385
person to be dangerous to the community shall not be admitted to a	4386
veterans' home. If a mentally ill person subject to	4387
~~hospitalization by~~ court order, through misrepresentation as to	4388
the person's condition, is sent to a home, the person shall be	4389
returned to, and the expense of the return shall be borne by, the	4390
county from which the person came.	4391

(B) As used in this section, "mentally ill person subject to	4392
~~hospitalization by~~ court order" has the same meaning as in section	4393
5122.01 of the Revised Code.	4394

Sec. 5907.09. (A) When the affidavit referred to in section	4395
5907.08 of the Revised Code is filed, the probate judge shall	4396
forthwith determine whether the resident is a mentally ill person	4397
subject to ~~hospitalization by~~ court order. Insofar as applicable,	4398
the laws governing in cases of admission to a state hospital for	4399
persons with mental illness shall apply. The probate judge shall	4400
have the same authority, and may receive and order paid the same	4401
fees and costs, as the probate judge would have in the county in	4402
which the veteran was a resident at the time of entering the	4403
veterans' home.	4404

(B) As used in this section, "mentally ill person subject to	4405
~~hospitalization by~~ court order" has the same meaning as in section	4406
5122.01 of the Revised Code.	4407

Section 2. That existing sections 2101.16, 2151.011,	4408
2151.23, 2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39,	4409
2945.40, 2945.401, 2967.22, 5119.311, 5120.17, 5122.01, 5122.03,	4410
5122.05, 5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19,	4411
5122.21, 5122.27, 5122.30, 5122.31, 5122.311, 5122.34, 5122.43,	4412
5139.54, 5305.22, 5907.06, and 5907.09 of the Revised Code are	4413
hereby repealed.	4414

Section 3. The amendments to divisions (B)(49) and (50) of	4415
section 2151.011 of the Revised Code by H.B. 59 of the 130th	4416
General Assembly, which appear in this act are to take effect on	4417
July 1, 2014, are not accelerated by their inclusion in this act.	4418