As Re-referred to the Senate Civil Justice Committee

130th General Assembly Regular Session 2013-2014

S. B. No. 43

Senators Burke, Tavares 

Cosponsors: Senators Balderson, Kearney, Seitz, Sawyer 

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A BILL

To amend sections 2151.011, 2151.23, 2923.125,

1

2923.1213, 2923.13, 2945.37, 2945.38, 2945.39,

2

2945.40, 2945.401, 2967.22, 5119.23, 5120.17,

3

5122.01, 5122.03, 5122.05, 5122.10, 5122.11,

4

5122.13, 5122.141, 5122.15, 5122.19, 5122.21,

5

5122.27, 5122.30, 5122.31, 5122.311, 5139.54,

6

5305.22, 5907.06, and 5907.09 and to enact section

7

5122.111 of the Revised Code and to amend the

8

version of section 2151.011 of the Revised Code

9

that is scheduled to take effect on January 1,

10

2014, to make changes to the laws governing the

11

civil commitment of and treatment provided to

12

mentally ill persons.

13

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

Section 1.  That sections 2151.011, 2151.23, 2923.125,	14
2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40, 2945.401,	15
2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05, 5122.10,	16
5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21, 5122.27,	17
5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06, and 5907.09	18
be amended and section 5122.111 of the Revised Code be enacted to	19
read as follows:	20

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

21

(1) "Juvenile court" means whichever of the following is	22
applicable that has jurisdiction under this chapter and Chapter	23
2152. of the Revised Code:	24

(a) The division of the court of common pleas specified in	25
section 2101.022 or 2301.03 of the Revised Code as having	26
jurisdiction under this chapter and Chapter 2152. of the Revised	27
Code or as being the juvenile division or the juvenile division	28
combined with one or more other divisions;	29

(b) The juvenile court of Cuyahoga county or Hamilton county	30
that is separately and independently created by section 2151.08 or	31
Chapter 2153. of the Revised Code and that has jurisdiction under	32
this chapter and Chapter 2152. of the Revised Code;	33

(c) If division (A)(1)(a) or (b) of this section does not	34
apply, the probate division of the court of common pleas.	35

(2) "Juvenile judge" means a judge of a court having	36
jurisdiction under this chapter.	37

(3) "Private child placing agency" means any association, as	38
defined in section 5103.02 of the Revised Code, that is certified	39
under section 5103.03 of the Revised Code to accept temporary,	40
permanent, or legal custody of children and place the children for	41
either foster care or adoption.	42

(4) "Private noncustodial agency" means any person,	43
organization, association, or society certified by the department	44
of job and family services that does not accept temporary or	45
permanent legal custody of children, that is privately operated in	46
this state, and that does one or more of the following:	47

(a) Receives and cares for children for two or more	48
consecutive weeks;	49

(b) Participates in the placement of children in certified	50
foster homes;	51

(c) Provides adoption services in conjunction with a public	52
children services agency or private child placing agency.	53

(B) As used in this chapter:

54

(1) "Adequate parental care" means the provision by a child's	55
parent or parents, guardian, or custodian of adequate food,	56
clothing, and shelter to ensure the child's health and physical	57
safety and the provision by a child's parent or parents of	58
specialized services warranted by the child's physical or mental	59
needs.	60

(2) "Adult" means an individual who is eighteen years of age	61
or older.	62

(3) "Agreement for temporary custody" means a voluntary	63
agreement authorized by section 5103.15 of the Revised Code that	64
transfers the temporary custody of a child to a public children	65
services agency or a private child placing agency.	66

(4) "Alternative response" means the public children services	67
agency's response to a report of child abuse or neglect that	68
engages the family in a comprehensive evaluation of child safety,	69
risk of subsequent harm, and family strengths and needs and that	70
does not include a determination as to whether child abuse or	71
neglect occurred.	72

(5) "Certified foster home" means a foster home, as defined	73
in section 5103.02 of the Revised Code, certified under section	74
5103.03 of the Revised Code.	75

(6) "Child" means a person who is under eighteen years of	76
age, except that the juvenile court has jurisdiction over any	77
person who is adjudicated an unruly child prior to attaining	78
eighteen years of age until the person attains twenty-one years of	79
age, and, for purposes of that jurisdiction related to that	80
adjudication, a person who is so adjudicated an unruly child shall	81
be deemed a "child" until the person attains twenty-one years of	82
age.	83

(7) "Child day camp," "child care," "child day-care center,"	84
"part-time child day-care center," "type A family day-care home,"	85
"certified type B family day-care home," "type B home,"	86
"administrator of a child day-care center," "administrator of a	87
type A family day-care home," "in-home aide," and "authorized	88
provider" have the same meanings as in section 5104.01 of the	89
Revised Code.	90

(8) "Child care provider" means an individual who is a	91
child-care staff member or administrator of a child day-care	92
center, a type A family day-care home, or a type B family day-care	93
home, or an in-home aide or an individual who is licensed, is	94
regulated, is approved, operates under the direction of, or	95
otherwise is certified by the department of job and family	96
services, department of developmental disabilities, or the early	97
childhood programs of the department of education.	98

(9) "Chronic truant" has the same meaning as in section	99
2152.02 of the Revised Code.	100

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

101

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

102

(a) General counseling services performed by a public	103
children services agency or shelter for victims of domestic	104
violence to assist a child, a child's parents, and a child's	105
siblings in alleviating identified problems that may cause or have	106
caused the child to be an abused, neglected, or dependent child.	107

(b) Psychiatric or psychological therapeutic counseling	108
services provided to correct or alleviate any mental or emotional	109
illness or disorder and performed by a licensed psychiatrist,	110
licensed psychologist, or a person licensed under Chapter 4757. of	111
the Revised Code to engage in social work or professional	112
counseling.	113

(12) "Custodian" means a person who has legal custody of a	114
child or a public children services agency or private child	115
placing agency that has permanent, temporary, or legal custody of	116
a child.	117

(13) "Delinquent child" has the same meaning as in section	118
2152.02 of the Revised Code.	119

(14) "Detention" means the temporary care of children pending	120
court adjudication or disposition, or execution of a court order,	121
in a public or private facility designed to physically restrict	122
the movement and activities of children.	123

(15) "Developmental disability" has the same meaning as in	124
section 5123.01 of the Revised Code.	125

(16) "Differential response approach" means an approach that	126
a public children services agency may use to respond to accepted	127
reports of child abuse or neglect with either an alternative	128
response or a traditional response.	129

(17) "Foster caregiver" has the same meaning as in section	130
5103.02 of the Revised Code.	131

(18) "Guardian" means a person, association, or corporation	132
that is granted authority by a probate court pursuant to Chapter	133
2111. of the Revised Code to exercise parental rights over a child	134
to the extent provided in the court's order and subject to the	135
residual parental rights of the child's parents.	136

(19) "Habitual truant" means any child of compulsory school	137
age who is absent without legitimate excuse for absence from the	138
public school the child is supposed to attend for five or more	139
consecutive school days, seven or more school days in one school	140
month, or twelve or more school days in a school year.	141

(20) "Juvenile traffic offender" has the same meaning as in	142
section 2152.02 of the Revised Code.	143

(21) "Legal custody" means a legal status that vests in the	144
custodian the right to have physical care and control of the child	145
and to determine where and with whom the child shall live, and the	146
right and duty to protect, train, and discipline the child and to	147
provide the child with food, shelter, education, and medical care,	148
all subject to any residual parental rights, privileges, and	149
responsibilities. An individual granted legal custody shall	150
exercise the rights and responsibilities personally unless	151
otherwise authorized by any section of the Revised Code or by the	152
court.	153

(22) A "legitimate excuse for absence from the public school	154
the child is supposed to attend" includes, but is not limited to,	155
any of the following:	156

(a) The fact that the child in question has enrolled in and	157
is attending another public or nonpublic school in this or another	158
state;	159

(b) The fact that the child in question is excused from	160
attendance at school for any of the reasons specified in section	161
3321.04 of the Revised Code;	162

(c) The fact that the child in question has received an age	163
and schooling certificate in accordance with section 3331.01 of	164
the Revised Code.	165

(23) "Mental illness" and "mentally ill person subject to	166
hospitalization by court order" have the same meanings as in	167
section 5122.01 of the Revised Code.	168

(24) "Mental injury" means any behavioral, cognitive,	169
emotional, or mental disorder in a child caused by an act or	170
omission that is described in section 2919.22 of the Revised Code	171
and is committed by the parent or other person responsible for the	172
child's care.	173

(25) "Mentally retarded person" has the same meaning as in	174
section 5123.01 of the Revised Code.	175

(26) "Nonsecure care, supervision, or training" means care,	176
supervision, or training of a child in a facility that does not	177
confine or prevent movement of the child within the facility or	178
from the facility.	179

(27) "Of compulsory school age" has the same meaning as in	180
section 3321.01 of the Revised Code.	181

(28) "Organization" means any institution, public,	182
semipublic, or private, and any private association, society, or	183
agency located or operating in the state, incorporated or	184
unincorporated, having among its functions the furnishing of	185
protective services or care for children, or the placement of	186
children in certified foster homes or elsewhere.	187

(29) "Out-of-home care" means detention facilities, shelter	188
facilities, certified children's crisis care facilities, certified	189
foster homes, placement in a prospective adoptive home prior to	190
the issuance of a final decree of adoption, organizations,	191
certified organizations, child day-care centers, type A family	192
day-care homes, child care provided by type B family day-care home	193
providers and by in-home aides, group home providers, group homes,	194
institutions, state institutions, residential facilities,	195
residential care facilities, residential camps, day camps, public	196
schools, chartered nonpublic schools, educational service centers,	197
hospitals, and medical clinics that are responsible for the care,	198
physical custody, or control of children.	199

(30) "Out-of-home care child abuse" means any of the	200
following when committed by a person responsible for the care of a	201
child in out-of-home care:	202

(a) Engaging in sexual activity with a child in the person's	203
care;	204

(b) Denial to a child, as a means of punishment, of proper or	205
necessary subsistence, education, medical care, or other care	206
necessary for a child's health;	207

(c) Use of restraint procedures on a child that cause injury	208
or pain;	209

(d) Administration of prescription drugs or psychotropic	210
medication to the child without the written approval and ongoing	211
supervision of a licensed physician;	212

(e) Commission of any act, other than by accidental means,	213
that results in any injury to or death of the child in out-of-home	214
care or commission of any act by accidental means that results in	215
an injury to or death of a child in out-of-home care and that is	216
at variance with the history given of the injury or death.	217

(31) "Out-of-home care child neglect" means any of the	218
following when committed by a person responsible for the care of a	219
child in out-of-home care:	220

(a) Failure to provide reasonable supervision according to	221
the standards of care appropriate to the age, mental and physical	222
condition, or other special needs of the child;	223

(b) Failure to provide reasonable supervision according to	224
the standards of care appropriate to the age, mental and physical	225
condition, or other special needs of the child, that results in	226
sexual or physical abuse of the child by any person;	227

(c) Failure to develop a process for all of the following:

228

(i) Administration of prescription drugs or psychotropic	229
drugs for the child;	230

(ii) Assuring that the instructions of the licensed physician	231
who prescribed a drug for the child are followed;	232

(iii) Reporting to the licensed physician who prescribed the	233
drug all unfavorable or dangerous side effects from the use of the	234
drug.	235

(d) Failure to provide proper or necessary subsistence,	236
education, medical care, or other individualized care necessary	237
for the health or well-being of the child;	238

(e) Confinement of the child to a locked room without	239
monitoring by staff;	240

(f) Failure to provide ongoing security for all prescription	241
and nonprescription medication;	242

(g) Isolation of a child for a period of time when there is	243
substantial risk that the isolation, if continued, will impair or	244
retard the mental health or physical well-being of the child.	245

(32) "Permanent custody" means a legal status that vests in a	246
public children services agency or a private child placing agency,	247
all parental rights, duties, and obligations, including the right	248
to consent to adoption, and divests the natural parents or	249
adoptive parents of all parental rights, privileges, and	250
obligations, including all residual rights and obligations.	251

(33) "Permanent surrender" means the act of the parents or,	252
if a child has only one parent, of the parent of a child, by a	253
voluntary agreement authorized by section 5103.15 of the Revised	254
Code, to transfer the permanent custody of the child to a public	255
children services agency or a private child placing agency.	256

(34) "Person" means an individual, association, corporation,	257
or partnership and the state or any of its political subdivisions,	258
departments, or agencies.	259

(35) "Person responsible for a child's care in out-of-home	260
care" means any of the following:	261

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

262

(b) Any administrator, employee, or agent of any of the	263
following: a public or private detention facility; shelter	264
facility; certified children's crisis care facility; organization;	265
certified organization; child day-care center; type A family	266
day-care home; certified type B family day-care home; group home;	267
institution; state institution; residential facility; residential	268
care facility; residential camp; day camp; school district;	269
community school; chartered nonpublic school; educational service	270
center; hospital; or medical clinic;	271

(c) Any person who supervises or coaches children as part of	272
an extracurricular activity sponsored by a school district, public	273
school, or chartered nonpublic school;	274

(d) Any other person who performs a similar function with	275
respect to, or has a similar relationship to, children.	276

(36) "Physically impaired" means having one or more of the	277
following conditions that substantially limit one or more of an	278
individual's major life activities, including self-care, receptive	279
and expressive language, learning, mobility, and self-direction:	280

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

281

(b) A congenital orthopedic impairment;

282

(c) An orthopedic impairment caused by disease, rheumatic	283
fever or any other similar chronic or acute health problem, or	284
amputation or another similar cause.	285

(37) "Placement for adoption" means the arrangement by a	286
public children services agency or a private child placing agency	287
with a person for the care and adoption by that person of a child	288
of whom the agency has permanent custody.	289

(38) "Placement in foster care" means the arrangement by a	290
public children services agency or a private child placing agency	291
for the out-of-home care of a child of whom the agency has	292
temporary custody or permanent custody.	293

(39) "Planned permanent living arrangement" means an order of	294
a juvenile court pursuant to which both of the following apply:	295

(a) The court gives legal custody of a child to a public	296
children services agency or a private child placing agency without	297
the termination of parental rights.	298

(b) The order permits the agency to make an appropriate	299
placement of the child and to enter into a written agreement with	300
a foster care provider or with another person or agency with whom	301
the child is placed.	302

(40) "Practice of social work" and "practice of professional	303
counseling" have the same meanings as in section 4757.01 of the	304
Revised Code.	305

(41) "Sanction, service, or condition" means a sanction,	306
service, or condition created by court order following an	307
adjudication that a child is an unruly child that is described in	308
division (A)(4) of section 2152.19 of the Revised Code.	309

(42) "Protective supervision" means an order of disposition	310
pursuant to which the court permits an abused, neglected,	311
dependent, or unruly child to remain in the custody of the child's	312
parents, guardian, or custodian and stay in the child's home,	313
subject to any conditions and limitations upon the child, the	314
child's parents, guardian, or custodian, or any other person that	315
the court prescribes, including supervision as directed by the	316
court for the protection of the child.	317

(43) "Psychiatrist" has the same meaning as in section	318
5122.01 of the Revised Code.	319

(44) "Psychologist" has the same meaning as in section	320
4732.01 of the Revised Code.	321

(45) "Residential camp" means a program in which the care,	322
physical custody, or control of children is accepted overnight for	323
recreational or recreational and educational purposes.	324

(46) "Residential care facility" means an institution,	325
residence, or facility that is licensed by the department of	326
mental health under section 5119.22 of the Revised Code and that	327
provides care for a child.	328

(47) "Residential facility" means a home or facility that is	329
licensed by the department of developmental disabilities under	330
section 5123.19 of the Revised Code and in which a child with a	331
developmental disability resides.	332

(48) "Residual parental rights, privileges, and	333
responsibilities" means those rights, privileges, and	334
responsibilities remaining with the natural parent after the	335
transfer of legal custody of the child, including, but not	336
necessarily limited to, the privilege of reasonable visitation,	337
consent to adoption, the privilege to determine the child's	338
religious affiliation, and the responsibility for support.	339

(49) "School day" means the school day established by the	340
state board of education pursuant to section 3313.48 of the	341
Revised Code.	342

(50) "School month" and "school year" have the same meanings	343
as in section 3313.62 of the Revised Code.	344

(51) "Secure correctional facility" means a facility under	345
the direction of the department of youth services that is designed	346
to physically restrict the movement and activities of children and	347
used for the placement of children after adjudication and	348
disposition.	349

(52) "Sexual activity" has the same meaning as in section	350
2907.01 of the Revised Code.	351

(53) "Shelter" means the temporary care of children in	352
physically unrestricted facilities pending court adjudication or	353
disposition.	354

(54) "Shelter for victims of domestic violence" has the same	355
meaning as in section 3113.33 of the Revised Code.	356

(55) "Temporary custody" means legal custody of a child who	357
is removed from the child's home, which custody may be terminated	358
at any time at the discretion of the court or, if the legal	359
custody is granted in an agreement for temporary custody, by the	360
person who executed the agreement.	361

(56) "Traditional response" means a public children services	362
agency's response to a report of child abuse or neglect that	363
encourages engagement of the family in a comprehensive evaluation	364
of the child's current and future safety needs and a fact-finding	365
process to determine whether child abuse or neglect occurred and	366
the circumstances surrounding the alleged harm or risk of harm.	367

(C) For the purposes of this chapter, a child shall be	368
presumed abandoned when the parents of the child have failed to	369
visit or maintain contact with the child for more than ninety	370
days, regardless of whether the parents resume contact with the	371
child after that period of ninety days.	372

Sec. 2151.23.  (A) The juvenile court has exclusive original	373
jurisdiction under the Revised Code as follows:	374

(1) Concerning any child who on or about the date specified	375
in the complaint, indictment, or information is alleged to have	376
violated section 2151.87 of the Revised Code or an order issued	377
under that section or to be a juvenile traffic offender or a	378
delinquent, unruly, abused, neglected, or dependent child and,	379
based on and in relation to the allegation pertaining to the	380
child, concerning the parent, guardian, or other person having	381
care of a child who is alleged to be an unruly or delinquent child	382
for being an habitual or chronic truant;	383

(2) Subject to divisions (G), (K), and (V) of section 2301.03	384
of the Revised Code, to determine the custody of any child not a	385
ward of another court of this state;	386

(3) To hear and determine any application for a writ of	387
habeas corpus involving the custody of a child;	388

(4) To exercise the powers and jurisdiction given the probate	389
division of the court of common pleas in Chapter 5122. of the	390
Revised Code, if the court has probable cause to believe that a	391
child otherwise within the jurisdiction of the court is a mentally	392
ill person subject to hospitalization by court order, as defined	393
in section 5122.01 of the Revised Code;	394

(5) To hear and determine all criminal cases charging adults	395
with the violation of any section of this chapter;	396

(6) To hear and determine all criminal cases in which an	397
adult is charged with a violation of division (C) of section	398
2919.21, division (B)(1) of section 2919.22, section 2919.222,	399
division (B) of section 2919.23, or section 2919.24 of the Revised	400
Code, provided the charge is not included in an indictment that	401
also charges the alleged adult offender with the commission of a	402
felony arising out of the same actions that are the basis of the	403
alleged violation of division (C) of section 2919.21, division	404
(B)(1) of section 2919.22, section 2919.222, division (B) of	405
section 2919.23, or section 2919.24 of the Revised Code;	406

(7) Under the interstate compact on juveniles in section	407
2151.56 of the Revised Code;	408

(8) Concerning any child who is to be taken into custody	409
pursuant to section 2151.31 of the Revised Code, upon being	410
notified of the intent to take the child into custody and the	411
reasons for taking the child into custody;	412

(9) To hear and determine requests for the extension of	413
temporary custody agreements, and requests for court approval of	414
permanent custody agreements, that are filed pursuant to section	415
5103.15 of the Revised Code;	416

(10) To hear and determine applications for consent to marry	417
pursuant to section 3101.04 of the Revised Code;	418

(11) Subject to divisions (G), (K), and (V) of section	419
2301.03 of the Revised Code, to hear and determine a request for	420
an order for the support of any child if the request is not	421
ancillary to an action for divorce, dissolution of marriage,	422
annulment, or legal separation, a criminal or civil action	423
involving an allegation of domestic violence, or an action for	424
support brought under Chapter 3115. of the Revised Code;	425

(12) Concerning an action commenced under section 121.38 of	426
the Revised Code;	427

(13) To hear and determine violations of section 3321.38 of	428
the Revised Code;	429

(14) To exercise jurisdiction and authority over the parent,	430
guardian, or other person having care of a child alleged to be a	431
delinquent child, unruly child, or juvenile traffic offender,	432
based on and in relation to the allegation pertaining to the	433
child;	434

(15) To conduct the hearings, and to make the determinations,	435
adjudications, and orders authorized or required under sections	436
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding	437
a child who has been adjudicated a delinquent child and to refer	438
the duties conferred upon the juvenile court judge under sections	439
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to	440
magistrates appointed by the juvenile court judge in accordance	441
with Juvenile Rule 40;	442

(16) To hear and determine a petition for a protection order	443
against a child under section 2151.34 or 3113.31 of the Revised	444
Code and to enforce a protection order issued or a consent	445
agreement approved under either section against a child until a	446
date certain but not later than the date the child attains	447
nineteen years of age.	448

(B) Except as provided in divisions (G) and (I) of section	449
2301.03 of the Revised Code, the juvenile court has original	450
jurisdiction under the Revised Code:	451

(1) To hear and determine all cases of misdemeanors charging	452
adults with any act or omission with respect to any child, which	453
act or omission is a violation of any state law or any municipal	454
ordinance;	455

(2) To determine the paternity of any child alleged to have	456
been born out of wedlock pursuant to sections 3111.01 to 3111.18	457
of the Revised Code;	458

(3) Under the uniform interstate family support act in	459
Chapter 3115. of the Revised Code;	460

(4) To hear and determine an application for an order for the	461
support of any child, if the child is not a ward of another court	462
of this state;	463

(5) To hear and determine an action commenced under section	464
3111.28 of the Revised Code;	465

(6) To hear and determine a motion filed under section	466
3119.961 of the Revised Code;	467

(7) To receive filings under section 3109.74 of the Revised	468
Code, and to hear and determine actions arising under sections	469
3109.51 to 3109.80 of the Revised Code.	470

(8) To enforce an order for the return of a child made under	471
the Hague Convention on the Civil Aspects of International Child	472
Abduction pursuant to section 3127.32 of the Revised Code;	473

(9) To grant any relief normally available under the laws of	474
this state to enforce a child custody determination made by a	475
court of another state and registered in accordance with section	476
3127.35 of the Revised Code.	477

(C) The juvenile court, except as to juvenile courts that are	478
a separate division of the court of common pleas or a separate and	479
independent juvenile court, has jurisdiction to hear, determine,	480
and make a record of any action for divorce or legal separation	481
that involves the custody or care of children and that is filed in	482
the court of common pleas and certified by the court of common	483
pleas with all the papers filed in the action to the juvenile	484
court for trial, provided that no certification of that nature	485
shall be made to any juvenile court unless the consent of the	486
juvenile judge first is obtained. After a certification of that	487
nature is made and consent is obtained, the juvenile court shall	488
proceed as if the action originally had been begun in that court,	489
except as to awards for spousal support or support due and unpaid	490
at the time of certification, over which the juvenile court has no	491
jurisdiction.	492

(D) The juvenile court, except as provided in divisions (G)	493
and (I) of section 2301.03 of the Revised Code, has jurisdiction	494
to hear and determine all matters as to custody and support of	495
children duly certified by the court of common pleas to the	496
juvenile court after a divorce decree has been granted, including	497
jurisdiction to modify the judgment and decree of the court of	498
common pleas as the same relate to the custody and support of	499
children.	500

(E) The juvenile court, except as provided in divisions (G)	501
and (I) of section 2301.03 of the Revised Code, has jurisdiction	502
to hear and determine the case of any child certified to the court	503
by any court of competent jurisdiction if the child comes within	504
the jurisdiction of the juvenile court as defined by this section.	505

(F)(1) The juvenile court shall exercise its jurisdiction in	506
child custody matters in accordance with sections 3109.04 and	507
3127.01 to 3127.53 of the Revised Code and, as applicable,	508
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the Revised	509
Code.	510

(2) The juvenile court shall exercise its jurisdiction in	511
child support matters in accordance with section 3109.05 of the	512
Revised Code.	513

(G) Any juvenile court that makes or modifies an order for	514
child support shall comply with Chapters 3119., 3121., 3123., and	515
3125. of the Revised Code. If any person required to pay child	516
support under an order made by a juvenile court on or after April	517
15, 1985, or modified on or after December 1, 1986, is found in	518
contempt of court for failure to make support payments under the	519
order, the court that makes the finding, in addition to any other	520
penalty or remedy imposed, shall assess all court costs arising	521
out of the contempt proceeding against the person and require the	522
person to pay any reasonable attorney's fees of any adverse party,	523
as determined by the court, that arose in relation to the act of	524
contempt.	525

(H) If a child who is charged with an act that would be an	526
offense if committed by an adult was fourteen years of age or	527
older and under eighteen years of age at the time of the alleged	528
act and if the case is transferred for criminal prosecution	529
pursuant to section 2152.12 of the Revised Code, except as	530
provided in section 2152.121 of the Revised Code, the juvenile	531
court does not have jurisdiction to hear or determine the case	532
subsequent to the transfer. The court to which the case is	533
transferred for criminal prosecution pursuant to that section has	534
jurisdiction subsequent to the transfer to hear and determine the	535
case in the same manner as if the case originally had been	536
commenced in that court, subject to section 2152.121 of the	537
Revised Code, including, but not limited to, jurisdiction to	538
accept a plea of guilty or another plea authorized by Criminal	539
Rule 11 or another section of the Revised Code and jurisdiction to	540
accept a verdict and to enter a judgment of conviction pursuant to	541
the Rules of Criminal Procedure against the child for the	542
commission of the offense that was the basis of the transfer of	543
the case for criminal prosecution, whether the conviction is for	544
the same degree or a lesser degree of the offense charged, for the	545
commission of a lesser-included offense, or for the commission of	546
another offense that is different from the offense charged.	547

(I) If a person under eighteen years of age allegedly commits	548
an act that would be a felony if committed by an adult and if the	549
person is not taken into custody or apprehended for that act until	550
after the person attains twenty-one years of age, the juvenile	551
court does not have jurisdiction to hear or determine any portion	552
of the case charging the person with committing that act. In those	553
circumstances, divisions (A) and (B) of section 2152.12 of the	554
Revised Code do not apply regarding the act, and the case charging	555
the person with committing the act shall be a criminal prosecution	556
commenced and heard in the appropriate court having jurisdiction	557
of the offense as if the person had been eighteen years of age or	558
older when the person committed the act. All proceedings	559
pertaining to the act shall be within the jurisdiction of the	560
court having jurisdiction of the offense, and that court has all	561
the authority and duties in the case that it has in other criminal	562
cases in that court.	563

(J) In exercising its exclusive original jurisdiction under	564
division (A)(16) of this section with respect to any proceedings	565
brought under section 2151.34 or 3113.31 of the Revised Code in	566
which the respondent is a child, the juvenile court retains all	567
dispositionary powers consistent with existing rules of juvenile	568
procedure and may also exercise its discretion to adjudicate	569
proceedings as provided in sections 2151.34 and 3113.31 of the	570
Revised Code, including the issuance of protection orders or the	571
approval of consent agreements under those sections.	572

Sec. 2923.125.  (A) This section applies with respect to the	573
application for and issuance by this state of concealed handgun	574
licenses other than concealed handgun licenses on a temporary	575
emergency basis that are issued under section 2923.1213 of the	576
Revised Code. Upon the request of a person who wishes to obtain a	577
concealed handgun license with respect to which this section	578
applies or to renew a concealed handgun license with respect to	579
which this section applies, a sheriff, as provided in division (I)	580
of this section, shall provide to the person free of charge an	581
application form and the web site address at which the pamphlet	582
described in division (B) of section 109.731 of the Revised Code	583
may be found. A sheriff shall accept a completed application form	584
and the fee, items, materials, and information specified in	585
divisions (B)(1) to (5) of this section at the times and in the	586
manners described in division (I) of this section.	587

(B) An applicant for a concealed handgun license with respect	588
to which this section applies shall submit a completed application	589
form and all of the following to the sheriff of the county in	590
which the applicant resides or to the sheriff of any county	591
adjacent to the county in which the applicant resides:	592

(1)(a) A nonrefundable license fee as described in either of	593
the following:	594

(i) For an applicant who has been a resident of this state	595
for five or more years, a fee of sixty-seven dollars;	596

(ii) For an applicant who has been a resident of this state	597
for less than five years, a fee of sixty-seven dollars plus the	598
actual cost of having a background check performed by the federal	599
bureau of investigation.	600

(b) No sheriff shall require an applicant to pay for the cost	601
of a background check performed by the bureau of criminal	602
identification and investigation.	603

(c) A sheriff shall waive the payment of the license fee	604
described in division (B)(1)(a) of this section in connection with	605
an initial or renewal application for a license that is submitted	606
by an applicant who is a retired peace officer, a retired person	607
described in division (B)(1)(b) of section 109.77 of the Revised	608
Code, or a retired federal law enforcement officer who, prior to	609
retirement, was authorized under federal law to carry a firearm in	610
the course of duty, unless the retired peace officer, person, or	611
federal law enforcement officer retired as the result of a mental	612
disability.	613

(d) The sheriff shall deposit all fees paid by an applicant	614
under division (B)(1)(a) of this section into the sheriff's	615
concealed handgun license issuance fund established pursuant to	616
section 311.42 of the Revised Code. The county shall distribute	617
the fees in accordance with section 311.42 of the Revised Code.	618

(2) A color photograph of the applicant that was taken within	619
thirty days prior to the date of the application;	620

(3) One or more of the following competency certifications,	621
each of which shall reflect that, regarding a certification	622
described in division (B)(3)(a), (b), (c), (e), or (f) of this	623
section, within the three years immediately preceding the	624
application the applicant has performed that to which the	625
competency certification relates and that, regarding a	626
certification described in division (B)(3)(d) of this section, the	627
applicant currently is an active or reserve member of the armed	628
forces of the United States or within the six years immediately	629
preceding the application the honorable discharge or retirement to	630
which the competency certification relates occurred:	631

(a) An original or photocopy of a certificate of completion	632
of a firearms safety, training, or requalification or firearms	633
safety instructor course, class, or program that was offered by or	634
under the auspices of the national rifle association and that	635
complies with the requirements set forth in division (G) of this	636
section;	637

(b) An original or photocopy of a certificate of completion	638
of a firearms safety, training, or requalification or firearms	639
safety instructor course, class, or program that satisfies all of	640
the following criteria:	641

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

642

(ii) It utilized qualified instructors who were certified by	643
the national rifle association, the executive director of the Ohio	644
peace officer training commission pursuant to section 109.75 or	645
109.78 of the Revised Code, or a governmental official or entity	646
of another state.	647

(iii) It was offered by or under the auspices of a law	648
enforcement agency of this or another state or the United States,	649
a public or private college, university, or other similar	650
postsecondary educational institution located in this or another	651
state, a firearms training school located in this or another	652
state, or another type of public or private entity or organization	653
located in this or another state.	654

(iv) It complies with the requirements set forth in division	655
(G) of this section.	656

(c) An original or photocopy of a certificate of completion	657
of a state, county, municipal, or department of natural resources	658
peace officer training school that is approved by the executive	659
director of the Ohio peace officer training commission pursuant to	660
section 109.75 of the Revised Code and that complies with the	661
requirements set forth in division (G) of this section, or the	662
applicant has satisfactorily completed and been issued a	663
certificate of completion of a basic firearms training program, a	664
firearms requalification training program, or another basic	665
training program described in section 109.78 or 109.801 of the	666
Revised Code that complies with the requirements set forth in	667
division (G) of this section;	668

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

669

(i) That the applicant is an active or reserve member of the	670
armed forces of the United States, was honorably discharged from	671
military service in the active or reserve armed forces of the	672
United States, is a retired trooper of the state highway patrol,	673
or is a retired peace officer or federal law enforcement officer	674
described in division (B)(1) of this section or a retired person	675
described in division (B)(1)(b) of section 109.77 of the Revised	676
Code and division (B)(1) of this section;	677

(ii) That, through participation in the military service or	678
through the former employment described in division (B)(3)(d)(i)	679
of this section, the applicant acquired experience with handling	680
handguns or other firearms, and the experience so acquired was	681
equivalent to training that the applicant could have acquired in a	682
course, class, or program described in division (B)(3)(a), (b), or	683
(c) of this section.	684

(e) A certificate or another similar document that evidences	685
satisfactory completion of a firearms training, safety, or	686
requalification or firearms safety instructor course, class, or	687
program that is not otherwise described in division (B)(3)(a),	688
(b), (c), or (d) of this section, that was conducted by an	689
instructor who was certified by an official or entity of the	690
government of this or another state or the United States or by the	691
national rifle association, and that complies with the	692
requirements set forth in division (G) of this section;	693

(f) An affidavit that attests to the applicant's satisfactory	694
completion of a course, class, or program described in division	695
(B)(3)(a), (b), (c), or (e) of this section and that is subscribed	696
by the applicant's instructor or an authorized representative of	697
the entity that offered the course, class, or program or under	698
whose auspices the course, class, or program was offered.	699

(4) A certification by the applicant that the applicant has	700
read the pamphlet prepared by the Ohio peace officer training	701
commission pursuant to section 109.731 of the Revised Code that	702
reviews firearms, dispute resolution, and use of deadly force	703
matters.	704

(5) A set of fingerprints of the applicant provided as	705
described in section 311.41 of the Revised Code through use of an	706
electronic fingerprint reading device or, if the sheriff to whom	707
the application is submitted does not possess and does not have	708
ready access to the use of such a reading device, on a standard	709
impression sheet prescribed pursuant to division (C)(2) of section	710
109.572 of the Revised Code.	711

(C) Upon receipt of the completed application form,	712
supporting documentation, and, if not waived, license fee of an	713
applicant under this section, a sheriff, in the manner specified	714
in section 311.41 of the Revised Code, shall conduct or cause to	715
be conducted the criminal records check and the incompetency	716
records check described in section 311.41 of the Revised Code.	717

(D)(1) Except as provided in division (D)(3) or (4) of this	718
section, within forty-five days after a sheriff's receipt of an	719
applicant's completed application form for a concealed handgun	720
license under this section, the supporting documentation, and, if	721
not waived, the license fee, the sheriff shall make available	722
through the law enforcement automated data system in accordance	723
with division (H) of this section the information described in	724
that division and, upon making the information available through	725
the system, shall issue to the applicant a concealed handgun	726
license that shall expire as described in division (D)(2)(a) of	727
this section if all of the following apply:	728

(a) The applicant is legally living in the United States, has	729
been a resident of this state for at least forty-five days, and	730
has been a resident of the county in which the person seeks the	731
license or a county adjacent to the county in which the person	732
seeks the license for at least thirty days. For purposes of	733
division (D)(1)(a) of this section:	734

(i) If a person is absent from the United States, from this	735
state, or from a particular county in this state in compliance	736
with military or naval orders as an active or reserve member of	737
the armed forces of the United States and if prior to leaving this	738
state in compliance with those orders the person was legally	739
living in the United States and was a resident of this state, the	740
person, solely by reason of that absence, shall not be considered	741
to have lost the person's status as living in the United States or	742
the person's residence in this state or in the county in which the	743
person was a resident prior to leaving this state in compliance	744
with those orders, without regard to whether or not the person	745
intends to return to this state or to that county, shall not be	746
considered to have acquired a residence in any other state, and	747
shall not be considered to have become a resident of any other	748
state.	749

(ii) If a person is present in this state in compliance with	750
military or naval orders as an active or reserve member of the	751
armed forces of the United States for at least forty-five days,	752
the person shall be considered to have been a resident of this	753
state for that period of at least forty-five days, and, if a	754
person is present in a county of this state in compliance with	755
military or naval orders as an active or reserve member of the	756
armed forces of the United States for at least thirty days, the	757
person shall be considered to have been a resident of that county	758
for that period of at least thirty days.	759

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

760

(c) The applicant is not a fugitive from justice.

761

(d) The applicant is not under indictment for or otherwise	762
charged with a felony; an offense under Chapter 2925., 3719., or	763
4729. of the Revised Code that involves the illegal possession,	764
use, sale, administration, or distribution of or trafficking in a	765
drug of abuse; a misdemeanor offense of violence; or a violation	766
of section 2903.14 or 2923.1211 of the Revised Code.	767

(e) Except as otherwise provided in division (D)(5) of this	768
section, the applicant has not been convicted of or pleaded guilty	769
to a felony or an offense under Chapter 2925., 3719., or 4729. of	770
the Revised Code that involves the illegal possession, use, sale,	771
administration, or distribution of or trafficking in a drug of	772
abuse; has not been adjudicated a delinquent child for committing	773
an act that if committed by an adult would be a felony or would be	774
an offense under Chapter 2925., 3719., or 4729. of the Revised	775
Code that involves the illegal possession, use, sale,	776
administration, or distribution of or trafficking in a drug of	777
abuse; and has not been convicted of, pleaded guilty to, or	778
adjudicated a delinquent child for committing a violation of	779
section 2903.13 of the Revised Code when the victim of the	780
violation is a peace officer, regardless of whether the applicant	781
was sentenced under division (C)(3) of that section.	782

(f) Except as otherwise provided in division (D)(5) of this	783
section, the applicant, within three years of the date of the	784
application, has not been convicted of or pleaded guilty to a	785
misdemeanor offense of violence other than a misdemeanor violation	786
of section 2921.33 of the Revised Code or a violation of section	787
2903.13 of the Revised Code when the victim of the violation is a	788
peace officer, or a misdemeanor violation of section 2923.1211 of	789
the Revised Code; and has not been adjudicated a delinquent child	790
for committing an act that if committed by an adult would be a	791
misdemeanor offense of violence other than a misdemeanor violation	792
of section 2921.33 of the Revised Code or a violation of section	793
2903.13 of the Revised Code when the victim of the violation is a	794
peace officer or for committing an act that if committed by an	795
adult would be a misdemeanor violation of section 2923.1211 of the	796
Revised Code.	797

(g) Except as otherwise provided in division (D)(1)(e) of	798
this section, the applicant, within five years of the date of the	799
application, has not been convicted of, pleaded guilty to, or	800
adjudicated a delinquent child for committing two or more	801
violations of section 2903.13 or 2903.14 of the Revised Code.	802

(h) Except as otherwise provided in division (D)(5) of this	803
section, the applicant, within ten years of the date of the	804
application, has not been convicted of, pleaded guilty to, or	805
adjudicated a delinquent child for committing a violation of	806
section 2921.33 of the Revised Code.	807

(i) The applicant has not been adjudicated as a mental	808
defective, has not been committed to any mental institution, is	809
not under adjudication of mental incompetence, has not been found	810
by a court to be a mentally ill person subject to hospitalization	811
by court order, and is not an involuntary patient other than one	812
who is a patient only for purposes of observation. As used in this	813
division, "mentally ill person subject to hospitalization by court	814
order" and "patient" have the same meanings as in section 5122.01	815
of the Revised Code.	816

(j) The applicant is not currently subject to a civil	817
protection order, a temporary protection order, or a protection	818
order issued by a court of another state.	819

(k) The applicant certifies that the applicant desires a	820
legal means to carry a concealed handgun for defense of the	821
applicant or a member of the applicant's family while engaged in	822
lawful activity.	823

(l) The applicant submits a competency certification of the	824
type described in division (B)(3) of this section and submits a	825
certification of the type described in division (B)(4) of this	826
section regarding the applicant's reading of the pamphlet prepared	827
by the Ohio peace officer training commission pursuant to section	828
109.731 of the Revised Code.	829

(m) The applicant currently is not subject to a suspension	830
imposed under division (A)(2) of section 2923.128 of the Revised	831
Code of a concealed handgun license that previously was issued to	832
the applicant under this section or section 2923.1213 of the	833
Revised Code.	834

(2)(a) A concealed handgun license that a sheriff issues	835
under division (D)(1) of this section shall expire five years	836
after the date of issuance.	837

If a sheriff issues a license under this section, the sheriff	838
shall place on the license a unique combination of letters and	839
numbers identifying the license in accordance with the procedure	840
prescribed by the Ohio peace officer training commission pursuant	841
to section 109.731 of the Revised Code.	842

(b) If a sheriff denies an application under this section	843
because the applicant does not satisfy the criteria described in	844
division (D)(1) of this section, the sheriff shall specify the	845
grounds for the denial in a written notice to the applicant. The	846
applicant may appeal the denial pursuant to section 119.12 of the	847
Revised Code in the county served by the sheriff who denied the	848
application. If the denial was as a result of the criminal records	849
check conducted pursuant to section 311.41 of the Revised Code and	850
if, pursuant to section 2923.127 of the Revised Code, the	851
applicant challenges the criminal records check results using the	852
appropriate challenge and review procedure specified in that	853
section, the time for filing the appeal pursuant to section 119.12	854
of the Revised Code and this division is tolled during the	855
pendency of the request or the challenge and review. If the court	856
in an appeal under section 119.12 of the Revised Code and this	857
division enters a judgment sustaining the sheriff's refusal to	858
grant to the applicant a concealed handgun license, the applicant	859
may file a new application beginning one year after the judgment	860
is entered. If the court enters a judgment in favor of the	861
applicant, that judgment shall not restrict the authority of a	862
sheriff to suspend or revoke the license pursuant to section	863
2923.128 or 2923.1213 of the Revised Code or to refuse to renew	864
the license for any proper cause that may occur after the date the	865
judgment is entered. In the appeal, the court shall have full	866
power to dispose of all costs.	867

(3) If the sheriff with whom an application for a concealed	868
handgun license was filed under this section becomes aware that	869
the applicant has been arrested for or otherwise charged with an	870
offense that would disqualify the applicant from holding the	871
license, the sheriff shall suspend the processing of the	872
application until the disposition of the case arising from the	873
arrest or charge.	874

(4) If the sheriff determines that the applicant is legally	875
living in the United States and is a resident of the county in	876
which the applicant seeks the license or of an adjacent county but	877
does not yet meet the residency requirements described in division	878
(D)(1)(a) of this section, the sheriff shall not deny the license	879
because of the residency requirements but shall not issue the	880
license until the applicant meets those residency requirements.	881

(5) If an applicant has been convicted of or pleaded guilty	882
to an offense identified in division (D)(1)(e), (f), or (h) of	883
this section or has been adjudicated a delinquent child for	884
committing an act or violation identified in any of those	885
divisions, and if a court has ordered the sealing or expungement	886
of the records of that conviction, guilty plea, or adjudication	887
pursuant to sections 2151.355 to 2151.358, sections 2953.31 to	888
2953.36, or section 2953.37 of the Revised Code or a court has	889
granted the applicant relief pursuant to section 2923.14 of the	890
Revised Code from the disability imposed pursuant to section	891
2923.13 of the Revised Code relative to that conviction, guilty	892
plea, or adjudication, the sheriff with whom the application was	893
submitted shall not consider the conviction, guilty plea, or	894
adjudication in making a determination under division (D)(1) or	895
(F) of this section or, in relation to an application for a	896
concealed handgun license on a temporary emergency basis submitted	897
under section 2923.1213 of the Revised Code, in making a	898
determination under division (B)(2) of that section.	899

(E) If a concealed handgun license issued under this section	900
is lost or is destroyed, the licensee may obtain from the sheriff	901
who issued that license a duplicate license upon the payment of a	902
fee of fifteen dollars and the submission of an affidavit	903
attesting to the loss or destruction of the license. The sheriff,	904
in accordance with the procedures prescribed in section 109.731 of	905
the Revised Code, shall place on the replacement license a	906
combination of identifying numbers different from the combination	907
on the license that is being replaced.	908

(F)(1) A licensee who wishes to renew a concealed handgun	909
license issued under this section shall do so not earlier than	910
ninety days before the expiration date of the license or at any	911
time after the expiration date of the license by filing with the	912
sheriff of the county in which the applicant resides or with the	913
sheriff of an adjacent county an application for renewal of the	914
license obtained pursuant to division (D) of this section, a	915
certification by the applicant that, subsequent to the issuance of	916
the license, the applicant has reread the pamphlet prepared by the	917
Ohio peace officer training commission pursuant to section 109.731	918
of the Revised Code that reviews firearms, dispute resolution, and	919
use of deadly force matters, and a nonrefundable license renewal	920
fee in an amount determined pursuant to division (F)(4) of this	921
section unless the fee is waived.	922

(2) A sheriff shall accept a completed renewal application,	923
the license renewal fee, and the information specified in division	924
(F)(1) of this section at the times and in the manners described	925
in division (I) of this section. Upon receipt of a completed	926
renewal application, of certification that the applicant has	927
reread the specified pamphlet prepared by the Ohio peace officer	928
training commission, and of a license renewal fee unless the fee	929
is waived, a sheriff, in the manner specified in section 311.41 of	930
the Revised Code shall conduct or cause to be conducted the	931
criminal records check and the incompetency records check	932
described in section 311.41 of the Revised Code. The sheriff shall	933
renew the license if the sheriff determines that the applicant	934
continues to satisfy the requirements described in division (D)(1)	935
of this section, except that the applicant is not required to meet	936
the requirements of division (D)(1)(l) of this section. A renewed	937
license shall expire five years after the date of issuance. A	938
renewed license is subject to division (E) of this section and	939
sections 2923.126 and 2923.128 of the Revised Code. A sheriff	940
shall comply with divisions (D)(2) to (4) of this section when the	941
circumstances described in those divisions apply to a requested	942
license renewal. If a sheriff denies the renewal of a concealed	943
handgun license, the applicant may appeal the denial, or challenge	944
the criminal record check results that were the basis of the	945
denial if applicable, in the same manner as specified in division	946
(D)(2)(b) of this section and in section 2923.127 of the Revised	947
Code, regarding the denial of a license under this section.	948

(3) A renewal application submitted pursuant to division (F)	949
of this section shall only require the licensee to list on the	950
application form information and matters occurring since the date	951
of the licensee's last application for a license pursuant to	952
division (B) or (F) of this section. A sheriff conducting the	953
criminal records check and the incompetency records check	954
described in section 311.41 of the Revised Code shall conduct the	955
check only from the date of the licensee's last application for a	956
license pursuant to division (B) or (F) of this section through	957
the date of the renewal application submitted pursuant to division	958
(F) of this section.	959

(4) An applicant for a renewal concealed handgun license	960
under this section shall submit to the sheriff of the county in	961
which the applicant resides or to the sheriff of any county	962
adjacent to the county in which the applicant resides a	963
nonrefundable license fee as described in either of the following:	964

(a) For an applicant who has been a resident of this state	965
for five or more years, a fee of fifty dollars;	966

(b) For an applicant who has been a resident of this state	967
for less than five years, a fee of fifty dollars plus the actual	968
cost of having a background check performed by the federal bureau	969
of investigation.	970

(G)(1) Each course, class, or program described in division	971
(B)(3)(a), (b), (c), or (e) of this section shall provide to each	972
person who takes the course, class, or program the web site	973
address at which the pamphlet prepared by the Ohio peace officer	974
training commission pursuant to section 109.731 of the Revised	975
Code that reviews firearms, dispute resolution, and use of deadly	976
force matters may be found. Each such course, class, or program	977
described in one of those divisions shall include at least twelve	978
hours of training in the safe handling and use of a firearm that	979
shall include all of the following:	980

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

981

(i) The ability to name, explain, and demonstrate the rules	982
for safe handling of a handgun and proper storage practices for	983
handguns and ammunition;	984

(ii) The ability to demonstrate and explain how to handle	985
ammunition in a safe manner;	986

(iii) The ability to demonstrate the knowledge, skills, and	987
attitude necessary to shoot a handgun in a safe manner;	988

(iv) Gun handling training.

989

(b) At least two hours of training that consists of range	990
time and live-fire training.	991

(2) To satisfactorily complete the course, class, or program	992
described in division (B)(3)(a), (b), (c), or (e) of this section,	993
the applicant shall pass a competency examination that shall	994
include both of the following:	995

(a) A written section on the ability to name and explain the	996
rules for the safe handling of a handgun and proper storage	997
practices for handguns and ammunition;	998

(b) A physical demonstration of competence in the use of a	999
handgun and in the rules for safe handling and storage of a	1000
handgun and a physical demonstration of the attitude necessary to	1001
shoot a handgun in a safe manner.	1002

(3) The competency certification described in division	1003
(B)(3)(a), (b), (c), or (e) of this section shall be dated and	1004
shall attest that the course, class, or program the applicant	1005
successfully completed met the requirements described in division	1006
(G)(1) of this section and that the applicant passed the	1007
competency examination described in division (G)(2) of this	1008
section.	1009

(H) Upon deciding to issue a concealed handgun license,	1010
deciding to issue a replacement concealed handgun license, or	1011
deciding to renew a concealed handgun license pursuant to this	1012
section, and before actually issuing or renewing the license, the	1013
sheriff shall make available through the law enforcement automated	1014
data system all information contained on the license. If the	1015
license subsequently is suspended under division (A)(1) or (2) of	1016
section 2923.128 of the Revised Code, revoked pursuant to division	1017
(B)(1) of section 2923.128 of the Revised Code, or lost or	1018
destroyed, the sheriff also shall make available through the law	1019
enforcement automated data system a notation of that fact. The	1020
superintendent of the state highway patrol shall ensure that the	1021
law enforcement automated data system is so configured as to	1022
permit the transmission through the system of the information	1023
specified in this division.	1024

(I) A sheriff shall accept a completed application form or	1025
renewal application, and the fee, items, materials, and	1026
information specified in divisions (B)(1) to (5) or division (F)	1027
of this section, whichever is applicable, and shall provide an	1028
application form or renewal application to any person during at	1029
least fifteen hours a week and shall provide the web site address	1030
at which the pamphlet described in division (B) of section 109.731	1031
of the Revised Code may be found at any time, upon request. The	1032
sheriff shall post notice of the hours during which the sheriff is	1033
available to accept or provide the information described in this	1034
division.	1035

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

1036

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

1037

(a) A statement sworn by the person seeking to carry a	1038
concealed handgun that is made under threat of perjury and that	1039
states that the person has reasonable cause to fear a criminal	1040
attack upon the person or a member of the person's family, such as	1041
would justify a prudent person in going armed;	1042

(b) A written document prepared by a governmental entity or	1043
public official describing the facts that give the person seeking	1044
to carry a concealed handgun reasonable cause to fear a criminal	1045
attack upon the person or a member of the person's family, such as	1046
would justify a prudent person in going armed. Written documents	1047
of this nature include, but are not limited to, any temporary	1048
protection order, civil protection order, protection order issued	1049
by another state, or other court order, any court report, and any	1050
report filed with or made by a law enforcement agency or	1051
prosecutor.	1052

(2) "Prosecutor" has the same meaning as in section 2935.01	1053
of the Revised Code.	1054

(B)(1) A person seeking a concealed handgun license on a	1055
temporary emergency basis shall submit to the sheriff of the	1056
county in which the person resides all of the following:	1057

(a) Evidence of imminent danger to the person or a member of	1058
the person's family;	1059

(b) A sworn affidavit that contains all of the information	1060
required to be on the license and attesting that the person is	1061
legally living in the United States; is at least twenty-one years	1062
of age; is not a fugitive from justice; is not under indictment	1063
for or otherwise charged with an offense identified in division	1064
(D)(1)(d) of section 2923.125 of the Revised Code; has not been	1065
convicted of or pleaded guilty to an offense, and has not been	1066
adjudicated a delinquent child for committing an act, identified	1067
in division (D)(1)(e) of that section and to which division (B)(3)	1068
of this section does not apply; within three years of the date of	1069
the submission, has not been convicted of or pleaded guilty to an	1070
offense, and has not been adjudicated a delinquent child for	1071
committing an act, identified in division (D)(1)(f) of that	1072
section and to which division (B)(3) of this section does not	1073
apply; within five years of the date of the submission, has not	1074
been convicted of, pleaded guilty, or adjudicated a delinquent	1075
child for committing two or more violations identified in division	1076
(D)(1)(g) of that section; within ten years of the date of the	1077
submission, has not been convicted of, pleaded guilty, or	1078
adjudicated a delinquent child for committing a violation	1079
identified in division (D)(1)(h) of that section and to which	1080
division (B)(3) of this section does not apply; has not been	1081
adjudicated as a mental defective, has not been committed to any	1082
mental institution, is not under adjudication of mental	1083
incompetence, has not been found by a court to be a mentally ill	1084
person subject to hospitalization by court order, and is not an	1085
involuntary patient other than one who is a patient only for	1086
purposes of observation, as described in division (D)(1)(i) of	1087
that section; is not currently subject to a civil protection	1088
order, a temporary protection order, or a protection order issued	1089
by a court of another state, as described in division (D)(1)(j) of	1090
that section; and is not currently subject to a suspension imposed	1091
under division (A)(2) of section 2923.128 of the Revised Code of a	1092
concealed handgun license that previously was issued to the	1093
person;	1094

(c) A nonrefundable temporary emergency license fee as	1095
described in either of the following:	1096

(i) For an applicant who has been a resident of this state	1097
for five or more years, a fee of fifteen dollars plus the actual	1098
cost of having a background check performed by the bureau of	1099
criminal identification and investigation pursuant to section	1100
311.41 of the Revised Code;	1101

(ii) For an applicant who has been a resident of this state	1102
for less than five years, a fee of fifteen dollars plus the actual	1103
cost of having background checks performed by the federal bureau	1104
of investigation and the bureau of criminal identification and	1105
investigation pursuant to section 311.41 of the Revised Code.	1106

(d) A set of fingerprints of the applicant provided as	1107
described in section 311.41 of the Revised Code through use of an	1108
electronic fingerprint reading device or, if the sheriff to whom	1109
the application is submitted does not possess and does not have	1110
ready access to the use of an electronic fingerprint reading	1111
device, on a standard impression sheet prescribed pursuant to	1112
division (C)(2) of section 109.572 of the Revised Code. If the	1113
fingerprints are provided on a standard impression sheet, the	1114
person also shall provide the person's social security number to	1115
the sheriff.	1116

(2) A sheriff shall accept the evidence of imminent danger,	1117
the sworn affidavit, the fee, and the set of fingerprints required	1118
under division (B)(1) of this section at the times and in the	1119
manners described in division (I) of this section. Upon receipt of	1120
the evidence of imminent danger, the sworn affidavit, the fee, and	1121
the set of fingerprints required under division (B)(1) of this	1122
section, the sheriff, in the manner specified in section 311.41 of	1123
the Revised Code, immediately shall conduct or cause to be	1124
conducted the criminal records check and the incompetency records	1125
check described in section 311.41 of the Revised Code. Immediately	1126
upon receipt of the results of the records checks, the sheriff	1127
shall review the information and shall determine whether the	1128
criteria set forth in divisions (D)(1)(a) to (j) and (m) of	1129
section 2923.125 of the Revised Code apply regarding the person.	1130
If the sheriff determines that all of criteria set forth in	1131
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the	1132
Revised Code apply regarding the person, the sheriff shall	1133
immediately make available through the law enforcement automated	1134
data system all information that will be contained on the	1135
temporary emergency license for the person if one is issued, and	1136
the superintendent of the state highway patrol shall ensure that	1137
the system is so configured as to permit the transmission through	1138
the system of that information. Upon making that information	1139
available through the law enforcement automated data system, the	1140
sheriff shall immediately issue to the person a concealed handgun	1141
license on a temporary emergency basis.	1142

If the sheriff denies the issuance of a license on a	1143
temporary emergency basis to the person, the sheriff shall specify	1144
the grounds for the denial in a written notice to the person. The	1145
person may appeal the denial, or challenge criminal records check	1146
results that were the basis of the denial if applicable, in the	1147
same manners specified in division (D)(2) of section 2923.125 and	1148
in section 2923.127 of the Revised Code, regarding the denial of	1149
an application for a concealed handgun license under that section.	1150

The license on a temporary emergency basis issued under this	1151
division shall be in the form, and shall include all of the	1152
information, described in divisions (A)(2) and (5) of section	1153
109.731 of the Revised Code, and also shall include a unique	1154
combination of identifying letters and numbers in accordance with	1155
division (A)(4) of that section.	1156

The license on a temporary emergency basis issued under this	1157
division is valid for ninety days and may not be renewed. A person	1158
who has been issued a license on a temporary emergency basis under	1159
this division shall not be issued another license on a temporary	1160
emergency basis unless at least four years has expired since the	1161
issuance of the prior license on a temporary emergency basis.	1162

(3) If a person seeking a concealed handgun license on a	1163
temporary emergency basis has been convicted of or pleaded guilty	1164
to an offense identified in division (D)(1)(e), (f), or (h) of	1165
section 2923.125 of the Revised Code or has been adjudicated a	1166
delinquent child for committing an act or violation identified in	1167
any of those divisions, and if a court has ordered the sealing or	1168
expungement of the records of that conviction, guilty plea, or	1169
adjudication pursuant to sections 2151.355 to 2151.358 or sections	1170
2953.31 to 2953.36 of the Revised Code or a court has granted the	1171
applicant relief pursuant to section 2923.14 of the Revised Code	1172
from the disability imposed pursuant to section 2923.13 of the	1173
Revised Code relative to that conviction, guilty plea, or	1174
adjudication, the conviction, guilty plea, or adjudication shall	1175
not be relevant for purposes of the sworn affidavit described in	1176
division (B)(1)(b) of this section, and the person may complete,	1177
and swear to the truth of, the affidavit as if the conviction,	1178
guilty plea, or adjudication never had occurred.	1179

(4) The sheriff shall waive the payment pursuant to division	1180
(B)(1)(c) of this section of the license fee in connection with an	1181
application that is submitted by an applicant who is a retired	1182
peace officer, a retired person described in division (B)(1)(b) of	1183
section 109.77 of the Revised Code, or a retired federal law	1184
enforcement officer who, prior to retirement, was authorized under	1185
federal law to carry a firearm in the course of duty, unless the	1186
retired peace officer, person, or federal law enforcement officer	1187
retired as the result of a mental disability.	1188

The sheriff shall deposit all fees paid by an applicant under	1189
division (B)(1)(c) of this section into the sheriff's concealed	1190
handgun license issuance fund established pursuant to section	1191
311.42 of the Revised Code.	1192

(C) A person who holds a concealed handgun license on a	1193
temporary emergency basis has the same right to carry a concealed	1194
handgun as a person who was issued a concealed handgun license	1195
under section 2923.125 of the Revised Code, and any exceptions to	1196
the prohibitions contained in section 1547.69 and sections 2923.12	1197
to 2923.16 of the Revised Code for a licensee under section	1198
2923.125 of the Revised Code apply to a licensee under this	1199
section. The person is subject to the same restrictions, and to	1200
all other procedures, duties, and sanctions, that apply to a	1201
person who carries a license issued under section 2923.125 of the	1202
Revised Code, other than the license renewal procedures set forth	1203
in that section.	1204

(D) A sheriff who issues a concealed handgun license on a	1205
temporary emergency basis under this section shall not require a	1206
person seeking to carry a concealed handgun in accordance with	1207
this section to submit a competency certificate as a prerequisite	1208
for issuing the license and shall comply with division (H) of	1209
section 2923.125 of the Revised Code in regards to the license.	1210
The sheriff shall suspend or revoke the license in accordance with	1211
section 2923.128 of the Revised Code. In addition to the	1212
suspension or revocation procedures set forth in section 2923.128	1213
of the Revised Code, the sheriff may revoke the license upon	1214
receiving information, verifiable by public documents, that the	1215
person is not eligible to possess a firearm under either the laws	1216
of this state or of the United States or that the person committed	1217
perjury in obtaining the license; if the sheriff revokes a license	1218
under this additional authority, the sheriff shall notify the	1219
person, by certified mail, return receipt requested, at the	1220
person's last known residence address that the license has been	1221
revoked and that the person is required to surrender the license	1222
at the sheriff's office within ten days of the date on which the	1223
notice was mailed. Division (H) of section 2923.125 of the Revised	1224
Code applies regarding any suspension or revocation of a concealed	1225
handgun license on a temporary emergency basis.	1226

(E) A sheriff who issues a concealed handgun license on a	1227
temporary emergency basis under this section shall retain, for the	1228
entire period during which the license is in effect, the evidence	1229
of imminent danger that the person submitted to the sheriff and	1230
that was the basis for the license, or a copy of that evidence, as	1231
appropriate.	1232

(F) If a concealed handgun license on a temporary emergency	1233
basis issued under this section is lost or is destroyed, the	1234
licensee may obtain from the sheriff who issued that license a	1235
duplicate license upon the payment of a fee of fifteen dollars and	1236
the submission of an affidavit attesting to the loss or	1237
destruction of the license. The sheriff, in accordance with the	1238
procedures prescribed in section 109.731 of the Revised Code,	1239
shall place on the replacement license a combination of	1240
identifying numbers different from the combination on the license	1241
that is being replaced.	1242

(G) The Ohio peace officer training commission shall	1243
prescribe, and shall make available to sheriffs, a standard form	1244
to be used under division (B) of this section by a person who	1245
applies for a concealed handgun license on a temporary emergency	1246
basis on the basis of imminent danger of a type described in	1247
division (A)(1)(a) of this section.	1248

(H) A sheriff who receives any fees paid by a person under	1249
this section shall deposit all fees so paid into the sheriff's	1250
concealed handgun license issuance expense fund established under	1251
section 311.42 of the Revised Code.	1252

(I) A sheriff shall accept evidence of imminent danger, a	1253
sworn affidavit, the fee, and the set of fingerprints specified in	1254
division (B)(1) of this section at any time during normal business	1255
hours. In no case shall a sheriff require an appointment, or	1256
designate a specific period of time, for the submission or	1257
acceptance of evidence of imminent danger, a sworn affidavit, the	1258
fee, and the set of fingerprints specified in division (B)(1) of	1259
this section, or for the provision to any person of a standard	1260
form to be used for a person to apply for a concealed handgun	1261
license on a temporary emergency basis.	1262

Sec. 2923.13.  (A) Unless relieved from disability as	1263
provided in section 2923.14 of the Revised Code, no person shall	1264
knowingly acquire, have, carry, or use any firearm or dangerous	1265
ordnance, if any of the following apply:	1266

(1) The person is a fugitive from justice.

1267

(2) The person is under indictment for or has been convicted	1268
of any felony offense of violence or has been adjudicated a	1269
delinquent child for the commission of an offense that, if	1270
committed by an adult, would have been a felony offense of	1271
violence.	1272

(3) The person is under indictment for or has been convicted	1273
of any felony offense involving the illegal possession, use, sale,	1274
administration, distribution, or trafficking in any drug of abuse	1275
or has been adjudicated a delinquent child for the commission of	1276
an offense that, if committed by an adult, would have been a	1277
felony offense involving the illegal possession, use, sale,	1278
administration, distribution, or trafficking in any drug of abuse.	1279

(4) The person is drug dependent, in danger of drug	1280
dependence, or a chronic alcoholic.	1281

(5) The person is under adjudication of mental incompetence,	1282
has been adjudicated as a mental defective, has been committed to	1283
a mental institution, has been found by a court to be a mentally	1284
ill person subject to hospitalization by court order, or is an	1285
involuntary patient other than one who is a patient only for	1286
purposes of observation. As used in this division, "mentally ill	1287
person subject to hospitalization by court order" and "patient"	1288
have the same meanings as in section 5122.01 of the Revised Code.	1289

(B) Whoever violates this section is guilty of having weapons	1290
while under disability, a felony of the third degree.	1291

Sec. 2945.37.  (A) As used in sections 2945.37 to 2945.402 of	1292
the Revised Code:	1293

(1) "Prosecutor" means a prosecuting attorney or a city	1294
director of law, village solicitor, or similar chief legal officer	1295
of a municipal corporation who has authority to prosecute a	1296
criminal case that is before the court or the criminal case in	1297
which a defendant in a criminal case has been found incompetent to	1298
stand trial or not guilty by reason of insanity.	1299

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

1300

(a) A psychiatrist or a licensed clinical psychologist who	1301
satisfies the criteria of division (I)(1) of section 5122.01 of	1302
the Revised Code or is employed by a certified forensic center	1303
designated by the department of mental health to conduct	1304
examinations or evaluations.	1305

(b) For purposes of a separate mental retardation evaluation	1306
that is ordered by a court pursuant to division (H) of section	1307
2945.371 of the Revised Code, a psychologist designated by the	1308
director of developmental disabilities pursuant to that section to	1309
conduct that separate mental retardation evaluation.	1310

(3) "Nonsecured status" means any unsupervised, off-grounds	1311
movement or trial visit from a hospital or institution, or any	1312
conditional release, that is granted to a person who is found	1313
incompetent to stand trial and is committed pursuant to section	1314
2945.39 of the Revised Code or to a person who is found not guilty	1315
by reason of insanity and is committed pursuant to section 2945.40	1316
of the Revised Code.	1317

(4) "Unsupervised, off-grounds movement" includes only	1318
off-grounds privileges that are unsupervised and that have an	1319
expectation of return to the hospital or institution on a daily	1320
basis.	1321

(5) "Trial visit" means a patient privilege of a longer	1322
stated duration of unsupervised community contact with an	1323
expectation of return to the hospital or institution at designated	1324
times.	1325

(6) "Conditional release" means a commitment status under	1326
which the trial court at any time may revoke a person's	1327
conditional release and order the rehospitalization or	1328
reinstitutionalization of the person as described in division (A)	1329
of section 2945.402 of the Revised Code and pursuant to which a	1330
person who is found incompetent to stand trial or a person who is	1331
found not guilty by reason of insanity lives and receives	1332
treatment in the community for a period of time that does not	1333
exceed the maximum prison term or term of imprisonment that the	1334
person could have received for the offense in question had the	1335
person been convicted of the offense instead of being found	1336
incompetent to stand trial on the charge of the offense or being	1337
found not guilty by reason of insanity relative to the offense.	1338

(7) "Licensed clinical psychologist," "mentally ill person	1339
subject to hospitalization by court order," and "psychiatrist"	1340
have the same meanings as in section 5122.01 of the Revised Code.	1341

(8) "Mentally retarded person subject to institutionalization	1342
by court order" has the same meaning as in section 5123.01 of the	1343
Revised Code.	1344

(B) In a criminal action in a court of common pleas, a county	1345
court, or a municipal court, the court, prosecutor, or defense may	1346
raise the issue of the defendant's competence to stand trial. If	1347
the issue is raised before the trial has commenced, the court	1348
shall hold a hearing on the issue as provided in this section. If	1349
the issue is raised after the trial has commenced, the court shall	1350
hold a hearing on the issue only for good cause shown or on the	1351
court's own motion.	1352

(C) The court shall conduct the hearing required or	1353
authorized under division (B) of this section within thirty days	1354
after the issue is raised, unless the defendant has been referred	1355
for evaluation in which case the court shall conduct the hearing	1356
within ten days after the filing of the report of the evaluation	1357
or, in the case of a defendant who is ordered by the court	1358
pursuant to division (H) of section 2945.371 of the Revised Code	1359
to undergo a separate mental retardation evaluation conducted by a	1360
psychologist designated by the director of developmental	1361
disabilities, within ten days after the filing of the report of	1362
the separate mental retardation evaluation under that division. A	1363
hearing may be continued for good cause.	1364

(D) The defendant shall be represented by counsel at the	1365
hearing conducted under division (C) of this section. If the	1366
defendant is unable to obtain counsel, the court shall appoint	1367
counsel under Chapter 120. of the Revised Code or under the	1368
authority recognized in division (C) of section 120.06, division	1369
(E) of section 120.16, division (E) of section 120.26, or section	1370
2941.51 of the Revised Code before proceeding with the hearing.	1371

(E) The prosecutor and defense counsel may submit evidence on	1372
the issue of the defendant's competence to stand trial. A written	1373
report of the evaluation of the defendant may be admitted into	1374
evidence at the hearing by stipulation, but, if either the	1375
prosecution or defense objects to its admission, the report may be	1376
admitted under sections 2317.36 to 2317.38 of the Revised Code or	1377
any other applicable statute or rule.	1378

(F) The court shall not find a defendant incompetent to stand	1379
trial solely because the defendant is receiving or has received	1380
treatment as a voluntary or involuntary mentally ill patient under	1381
Chapter 5122. or a voluntary or involuntary mentally retarded	1382
resident under Chapter 5123. of the Revised Code or because the	1383
defendant is receiving or has received psychotropic drugs or other	1384
medication, even if the defendant might become incompetent to	1385
stand trial without the drugs or medication.	1386

(G) A defendant is presumed to be competent to stand trial.	1387
If, after a hearing, the court finds by a preponderance of the	1388
evidence that, because of the defendant's present mental	1389
condition, the defendant is incapable of understanding the nature	1390
and objective of the proceedings against the defendant or of	1391
assisting in the defendant's defense, the court shall find the	1392
defendant incompetent to stand trial and shall enter an order	1393
authorized by section 2945.38 of the Revised Code.	1394

(H) Municipal courts shall follow the procedures set forth in	1395
sections 2945.37 to 2945.402 of the Revised Code. Except as	1396
provided in section 2945.371 of the Revised Code, a municipal	1397
court shall not order an evaluation of the defendant's competence	1398
to stand trial or the defendant's mental condition at the time of	1399
the commission of the offense to be conducted at any hospital	1400
operated by the department of mental health. Those evaluations	1401
shall be performed through community resources including, but not	1402
limited to, certified forensic centers, court probation	1403
departments, and community mental health agencies. All expenses of	1404
the evaluations shall be borne by the legislative authority of the	1405
municipal court, as defined in section 1901.03 of the Revised	1406
Code, and shall be taxed as costs in the case. If a defendant is	1407
found incompetent to stand trial or not guilty by reason of	1408
insanity, a municipal court may commit the defendant as provided	1409
in sections 2945.38 to 2945.402 of the Revised Code.	1410

Sec. 2945.38.  (A) If the issue of a defendant's competence	1411
to stand trial is raised and if the court, upon conducting the	1412
hearing provided for in section 2945.37 of the Revised Code, finds	1413
that the defendant is competent to stand trial, the defendant	1414
shall be proceeded against as provided by law. If the court finds	1415
the defendant competent to stand trial and the defendant is	1416
receiving psychotropic drugs or other medication, the court may	1417
authorize the continued administration of the drugs or medication	1418
or other appropriate treatment in order to maintain the	1419
defendant's competence to stand trial, unless the defendant's	1420
attending physician advises the court against continuation of the	1421
drugs, other medication, or treatment.	1422

(B)(1)(a) If, after taking into consideration all relevant	1423
reports, information, and other evidence, the court finds that the	1424
defendant is incompetent to stand trial and that there is a	1425
substantial probability that the defendant will become competent	1426
to stand trial within one year if the defendant is provided with a	1427
course of treatment, the court shall order the defendant to	1428
undergo treatment. If the defendant has been charged with a felony	1429
offense and if, after taking into consideration all relevant	1430
reports, information, and other evidence, the court finds that the	1431
defendant is incompetent to stand trial, but the court is unable	1432
at that time to determine whether there is a substantial	1433
probability that the defendant will become competent to stand	1434
trial within one year if the defendant is provided with a course	1435
of treatment, the court shall order continuing evaluation and	1436
treatment of the defendant for a period not to exceed four months	1437
to determine whether there is a substantial probability that the	1438
defendant will become competent to stand trial within one year if	1439
the defendant is provided with a course of treatment.	1440

(b) The court order for the defendant to undergo treatment or	1441
continuing evaluation and treatment under division (B)(1)(a) of	1442
this section shall specify that the defendant, if determined to	1443
require mental health treatment or continuing evaluation and	1444
treatment, either shall be committed to the department of mental	1445
health for treatment or continuing evaluation and treatment at a	1446
hospital, facility, or agency, as determined to be clinically	1447
appropriate by the department of mental health or shall be	1448
committed to a facility certified by the department of mental	1449
health as being qualified to treat mental illness, to a public or	1450
community mental health facility, or to a psychiatrist or another	1451
mental health professional for treatment or continuing evaluation	1452
and treatment. Prior to placing the defendant, the department of	1453
mental health shall obtain court approval for that placement	1454
following a hearing. The court order for the defendant to undergo	1455
treatment or continuing evaluation and treatment under division	1456
(B)(1)(a) of this section shall specify that the defendant, if	1457
determined to require treatment or continuing evaluation and	1458
treatment for mental retardation, shall receive treatment or	1459
continuing evaluation and treatment at an institution or facility	1460
operated by the department of developmental disabilities, at a	1461
facility certified by the department of developmental disabilities	1462
as being qualified to treat mental retardation, at a public or	1463
private mental retardation facility, or by a psychiatrist or	1464
another mental retardation professional. In any case, the order	1465
may restrict the defendant's freedom of movement as the court	1466
considers necessary. The prosecutor in the defendant's case shall	1467
send to the chief clinical officer of the hospital, facility, or	1468
agency where the defendant is placed by the department of mental	1469
health, or to the managing officer of the institution, the	1470
director of the program or facility, or the person to which the	1471
defendant is committed, copies of relevant police reports and	1472
other background information that pertains to the defendant and is	1473
available to the prosecutor unless the prosecutor determines that	1474
the release of any of the information in the police reports or any	1475
of the other background information to unauthorized persons would	1476
interfere with the effective prosecution of any person or would	1477
create a substantial risk of harm to any person.	1478

In determining the place of commitment, the court shall	1479
consider the extent to which the person is a danger to the person	1480
and to others, the need for security, and the type of crime	1481
involved and shall order the least restrictive alternative	1482
available that is consistent with public safety and treatment	1483
goals. In weighing these factors, the court shall give preference	1484
to protecting public safety.	1485

(c) If the defendant is found incompetent to stand trial, if	1486
the chief clinical officer of the hospital, facility, or agency	1487
where the defendant is placed, or the managing officer of the	1488
institution, the director of the program or facility, or the	1489
person to which the defendant is committed for treatment or	1490
continuing evaluation and treatment under division (B)(1)(b) of	1491
this section determines that medication is necessary to restore	1492
the defendant's competency to stand trial, and if the defendant	1493
lacks the capacity to give informed consent or refuses medication,	1494
the chief clinical officer of the hospital, facility, or agency	1495
where the defendant is placed, or the managing officer of the	1496
institution, the director of the program or facility, or the	1497
person to which the defendant is committed for treatment or	1498
continuing evaluation and treatment may petition the court for	1499
authorization for the involuntary administration of medication.	1500
The court shall hold a hearing on the petition within five days of	1501
the filing of the petition if the petition was filed in a	1502
municipal court or a county court regarding an incompetent	1503
defendant charged with a misdemeanor or within ten days of the	1504
filing of the petition if the petition was filed in a court of	1505
common pleas regarding an incompetent defendant charged with a	1506
felony offense. Following the hearing, the court may authorize the	1507
involuntary administration of medication or may dismiss the	1508
petition.	1509

(2) If the court finds that the defendant is incompetent to	1510
stand trial and that, even if the defendant is provided with a	1511
course of treatment, there is not a substantial probability that	1512
the defendant will become competent to stand trial within one	1513
year, the court shall order the discharge of the defendant, unless	1514
upon motion of the prosecutor or on its own motion, the court	1515
either seeks to retain jurisdiction over the defendant pursuant to	1516
section 2945.39 of the Revised Code or files an affidavit in the	1517
probate court for the civil commitment of the defendant pursuant	1518
to Chapter 5122. or 5123. of the Revised Code alleging that the	1519
defendant is a mentally ill person subject to hospitalization by	1520
court order or a mentally retarded person subject to	1521
institutionalization by court order. If an affidavit is filed in	1522
the probate court, the trial court shall send to the probate court	1523
copies of all written reports of the defendant's mental condition	1524
that were prepared pursuant to section 2945.371 of the Revised	1525
Code.	1526

The trial court may issue the temporary order of detention	1527
that a probate court may issue under section 5122.11 or 5123.71 of	1528
the Revised Code, to remain in effect until the probable cause or	1529
initial hearing in the probate court. Further proceedings in the	1530
probate court are civil proceedings governed by Chapter 5122. or	1531
5123. of the Revised Code.	1532

(C) No defendant shall be required to undergo treatment,	1533
including any continuing evaluation and treatment, under division	1534
(B)(1) of this section for longer than whichever of the following	1535
periods is applicable:	1536

(1) One year, if the most serious offense with which the	1537
defendant is charged is one of the following offenses:	1538

(a) Aggravated murder, murder, or an offense of violence for	1539
which a sentence of death or life imprisonment may be imposed;	1540

(b) An offense of violence that is a felony of the first or	1541
second degree;	1542

(c) A conspiracy to commit, an attempt to commit, or	1543
complicity in the commission of an offense described in division	1544
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	1545
complicity is a felony of the first or second degree.	1546

(2) Six months, if the most serious offense with which the	1547
defendant is charged is a felony other than a felony described in	1548
division (C)(1) of this section;	1549

(3) Sixty days, if the most serious offense with which the	1550
defendant is charged is a misdemeanor of the first or second	1551
degree;	1552

(4) Thirty days, if the most serious offense with which the	1553
defendant is charged is a misdemeanor of the third or fourth	1554
degree, a minor misdemeanor, or an unclassified misdemeanor.	1555

(D) Any defendant who is committed pursuant to this section	1556
shall not voluntarily admit the defendant or be voluntarily	1557
admitted to a hospital or institution pursuant to section 5122.02,	1558
5122.15, 5123.69, or 5123.76 of the Revised Code.	1559

(E) Except as otherwise provided in this division, a	1560
defendant who is charged with an offense and is committed by the	1561
court under this section to the department of mental health or is	1562
committed to an institution or facility for the treatment of	1563
mental retardation shall not be granted unsupervised on-grounds	1564
movement, supervised off-grounds movement, or nonsecured status	1565
except in accordance with the court order. The court may grant a	1566
defendant supervised off-grounds movement to obtain medical	1567
treatment or specialized habilitation treatment services if the	1568
person who supervises the treatment or the continuing evaluation	1569
and treatment of the defendant ordered under division (B)(1)(a) of	1570
this section informs the court that the treatment or continuing	1571
evaluation and treatment cannot be provided at the hospital or	1572
facility where the defendant is placed by the department of mental	1573
health or the institution or facility to which the defendant is	1574
committed. The chief clinical officer of the hospital or facility	1575
where the defendant is placed by the department of mental health	1576
or the managing officer of the institution or director of the	1577
facility to which the defendant is committed, or a designee of any	1578
of those persons, may grant a defendant movement to a medical	1579
facility for an emergency medical situation with appropriate	1580
supervision to ensure the safety of the defendant, staff, and	1581
community during that emergency medical situation. The chief	1582
clinical officer of the hospital or facility where the defendant	1583
is placed by the department of mental health or the managing	1584
officer of the institution or director of the facility to which	1585
the defendant is committed shall notify the court within	1586
twenty-four hours of the defendant's movement to the medical	1587
facility for an emergency medical situation under this division.	1588

(F) The person who supervises the treatment or continuing	1589
evaluation and treatment of a defendant ordered to undergo	1590
treatment or continuing evaluation and treatment under division	1591
(B)(1)(a) of this section shall file a written report with the	1592
court at the following times:	1593

(1) Whenever the person believes the defendant is capable of	1594
understanding the nature and objective of the proceedings against	1595
the defendant and of assisting in the defendant's defense;	1596

(2) For a felony offense, fourteen days before expiration of	1597
the maximum time for treatment as specified in division (C) of	1598
this section and fourteen days before the expiration of the	1599
maximum time for continuing evaluation and treatment as specified	1600
in division (B)(1)(a) of this section, and, for a misdemeanor	1601
offense, ten days before the expiration of the maximum time for	1602
treatment, as specified in division (C) of this section;	1603

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

1604

(4) Whenever the person who supervises the treatment or	1605
continuing evaluation and treatment of a defendant ordered under	1606
division (B)(1)(a) of this section believes that there is not a	1607
substantial probability that the defendant will become capable of	1608
understanding the nature and objective of the proceedings against	1609
the defendant or of assisting in the defendant's defense even if	1610
the defendant is provided with a course of treatment.	1611

(G) A report under division (F) of this section shall contain	1612
the examiner's findings, the facts in reasonable detail on which	1613
the findings are based, and the examiner's opinion as to the	1614
defendant's capability of understanding the nature and objective	1615
of the proceedings against the defendant and of assisting in the	1616
defendant's defense. If, in the examiner's opinion, the defendant	1617
remains incapable of understanding the nature and objective of the	1618
proceedings against the defendant and of assisting in the	1619
defendant's defense and there is a substantial probability that	1620
the defendant will become capable of understanding the nature and	1621
objective of the proceedings against the defendant and of	1622
assisting in the defendant's defense if the defendant is provided	1623
with a course of treatment, if in the examiner's opinion the	1624
defendant remains mentally ill or mentally retarded, and if the	1625
maximum time for treatment as specified in division (C) of this	1626
section has not expired, the report also shall contain the	1627
examiner's recommendation as to the least restrictive placement or	1628
commitment alternative that is consistent with the defendant's	1629
treatment needs for restoration to competency and with the safety	1630
of the community. The court shall provide copies of the report to	1631
the prosecutor and defense counsel.	1632

(H) If a defendant is committed pursuant to division (B)(1)	1633
of this section, within ten days after the treating physician of	1634
the defendant or the examiner of the defendant who is employed or	1635
retained by the treating facility advises that there is not a	1636
substantial probability that the defendant will become capable of	1637
understanding the nature and objective of the proceedings against	1638
the defendant or of assisting in the defendant's defense even if	1639
the defendant is provided with a course of treatment, within ten	1640
days after the expiration of the maximum time for treatment as	1641
specified in division (C) of this section, within ten days after	1642
the expiration of the maximum time for continuing evaluation and	1643
treatment as specified in division (B)(1)(a) of this section,	1644
within thirty days after a defendant's request for a hearing that	1645
is made after six months of treatment, or within thirty days after	1646
being advised by the treating physician or examiner that the	1647
defendant is competent to stand trial, whichever is the earliest,	1648
the court shall conduct another hearing to determine if the	1649
defendant is competent to stand trial and shall do whichever of	1650
the following is applicable:	1651

(1) If the court finds that the defendant is competent to	1652
stand trial, the defendant shall be proceeded against as provided	1653
by law.	1654

(2) If the court finds that the defendant is incompetent to	1655
stand trial, but that there is a substantial probability that the	1656
defendant will become competent to stand trial if the defendant is	1657
provided with a course of treatment, and the maximum time for	1658
treatment as specified in division (C) of this section has not	1659
expired, the court, after consideration of the examiner's	1660
recommendation, shall order that treatment be continued, may	1661
change the facility or program at which the treatment is to be	1662
continued, and shall specify whether the treatment is to be	1663
continued at the same or a different facility or program.	1664

(3) If the court finds that the defendant is incompetent to	1665
stand trial, if the defendant is charged with an offense listed in	1666
division (C)(1) of this section, and if the court finds that there	1667
is not a substantial probability that the defendant will become	1668
competent to stand trial even if the defendant is provided with a	1669
course of treatment, or if the maximum time for treatment relative	1670
to that offense as specified in division (C) of this section has	1671
expired, further proceedings shall be as provided in sections	1672
2945.39, 2945.401, and 2945.402 of the Revised Code.	1673

(4) If the court finds that the defendant is incompetent to	1674
stand trial, if the most serious offense with which the defendant	1675
is charged is a misdemeanor or a felony other than a felony listed	1676
in division (C)(1) of this section, and if the court finds that	1677
there is not a substantial probability that the defendant will	1678
become competent to stand trial even if the defendant is provided	1679
with a course of treatment, or if the maximum time for treatment	1680
relative to that offense as specified in division (C) of this	1681
section has expired, the court shall dismiss the indictment,	1682
information, or complaint against the defendant. A dismissal under	1683
this division is not a bar to further prosecution based on the	1684
same conduct. The court shall discharge the defendant unless the	1685
court or prosecutor files an affidavit in probate court for civil	1686
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	1687
If an affidavit for civil commitment is filed, the court may	1688
detain the defendant for ten days pending civil commitment. All of	1689
the following provisions apply to persons charged with a	1690
misdemeanor or a felony other than a felony listed in division	1691
(C)(1) of this section who are committed by the probate court	1692
subsequent to the court's or prosecutor's filing of an affidavit	1693
for civil commitment under authority of this division:	1694

(a) The chief clinical officer of the entity, hospital, or	1695
facility, the managing officer of the institution, the director of	1696
the program, or the person to which the defendant is committed or	1697
admitted shall do all of the following:	1698

(i) Notify the prosecutor, in writing, of the discharge of	1699
the defendant, send the notice at least ten days prior to the	1700
discharge unless the discharge is by the probate court, and state	1701
in the notice the date on which the defendant will be discharged;	1702

(ii) Notify the prosecutor, in writing, when the defendant is	1703
absent without leave or is granted unsupervised, off-grounds	1704
movement, and send this notice promptly after the discovery of the	1705
absence without leave or prior to the granting of the	1706
unsupervised, off-grounds movement, whichever is applicable;	1707

(iii) Notify the prosecutor, in writing, of the change of the	1708
defendant's commitment or admission to voluntary status, send the	1709
notice promptly upon learning of the change to voluntary status,	1710
and state in the notice the date on which the defendant was	1711
committed or admitted on a voluntary status.	1712

(b) Upon receiving notice that the defendant will be granted	1713
unsupervised, off-grounds movement, the prosecutor either shall	1714
re-indict the defendant or promptly notify the court that the	1715
prosecutor does not intend to prosecute the charges against the	1716
defendant.	1717

(I) If a defendant is convicted of a crime and sentenced to a	1718
jail or workhouse, the defendant's sentence shall be reduced by	1719
the total number of days the defendant is confined for evaluation	1720
to determine the defendant's competence to stand trial or	1721
treatment under this section and sections 2945.37 and 2945.371 of	1722
the Revised Code or by the total number of days the defendant is	1723
confined for evaluation to determine the defendant's mental	1724
condition at the time of the offense charged.	1725

Sec. 2945.39.  (A) If a defendant who is charged with an	1726
offense described in division (C)(1) of section 2945.38 of the	1727
Revised Code is found incompetent to stand trial, after the	1728
expiration of the maximum time for treatment as specified in	1729
division (C) of that section or after the court finds that there	1730
is not a substantial probability that the defendant will become	1731
competent to stand trial even if the defendant is provided with a	1732
course of treatment, one of the following applies:	1733

(1) The court or the prosecutor may file an affidavit in	1734
probate court for civil commitment of the defendant in the manner	1735
provided in Chapter 5122. or 5123. of the Revised Code. If the	1736
court or prosecutor files an affidavit for civil commitment, the	1737
court may detain the defendant for ten days pending civil	1738
commitment. If the probate court commits the defendant subsequent	1739
to the court's or prosecutor's filing of an affidavit for civil	1740
commitment, the chief clinical officer of the entity, hospital, or	1741
facility, the managing officer of the institution, the director of	1742
the program, or the person to which the defendant is committed or	1743
admitted shall send to the prosecutor the notices described in	1744
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	1745
Code within the periods of time and under the circumstances	1746
specified in those divisions.	1747

(2) On the motion of the prosecutor or on its own motion, the	1748
court may retain jurisdiction over the defendant if, at a hearing,	1749
the court finds both of the following by clear and convincing	1750
evidence:	1751

(a) The defendant committed the offense with which the	1752
defendant is charged.	1753

(b) The defendant is a mentally ill person subject to	1754
hospitalization by court order or a mentally retarded person	1755
subject to institutionalization by court order.	1756

(B) In making its determination under division (A)(2) of this	1757
section as to whether to retain jurisdiction over the defendant,	1758
the court may consider all relevant evidence, including, but not	1759
limited to, any relevant psychiatric, psychological, or medical	1760
testimony or reports, the acts constituting the offense charged,	1761
and any history of the defendant that is relevant to the	1762
defendant's ability to conform to the law.	1763

(C) If the court conducts a hearing as described in division	1764
(A)(2) of this section and if the court does not make both	1765
findings described in divisions (A)(2)(a) and (b) of this section	1766
by clear and convincing evidence, the court shall dismiss the	1767
indictment, information, or complaint against the defendant. Upon	1768
the dismissal, the court shall discharge the defendant unless the	1769
court or prosecutor files an affidavit in probate court for civil	1770
commitment of the defendant pursuant to Chapter 5122. or 5123. of	1771
the Revised Code. If the court or prosecutor files an affidavit	1772
for civil commitment, the court may order that the defendant be	1773
detained for up to ten days pending the civil commitment. If the	1774
probate court commits the defendant subsequent to the court's or	1775
prosecutor's filing of an affidavit for civil commitment, the	1776
chief clinical officer of the entity, hospital, or facility, the	1777
managing officer of the institution, the director of the program,	1778
or the person to which the defendant is committed or admitted	1779
shall send to the prosecutor the notices described in divisions	1780
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	1781
within the periods of time and under the circumstances specified	1782
in those divisions. A dismissal of charges under this division is	1783
not a bar to further criminal proceedings based on the same	1784
conduct.	1785

(D)(1) If the court conducts a hearing as described in	1786
division (A)(2) of this section and if the court makes the	1787
findings described in divisions (A)(2)(a) and (b) of this section	1788
by clear and convincing evidence, the court shall commit the	1789
defendant, if determined to require mental health treatment,	1790
either to the department of mental health for treatment at a	1791
hospital, facility, or agency as determined clinically appropriate	1792
by the department of mental health or to another medical or	1793
psychiatric facility, as appropriate. Prior to placing the	1794
defendant, the department of mental health shall obtain court	1795
approval for that placement. If the court conducts such a hearing	1796
and if it makes those findings by clear and convincing evidence,	1797
the court shall commit the defendant, if determined to require	1798
treatment for mental retardation, to a facility operated by the	1799
department of developmental disabilities, or another facility, as	1800
appropriate. In determining the place of commitment, the court	1801
shall consider the extent to which the person is a danger to the	1802
person and to others, the need for security, and the type of crime	1803
involved and shall order the least restrictive alternative	1804
available that is consistent with public safety and the welfare of	1805
the defendant. In weighing these factors, the court shall give	1806
preference to protecting public safety.	1807

(2) If a court makes a commitment of a defendant under	1808
division (D)(1) of this section, the prosecutor shall send to the	1809
hospital, facility, or agency where the defendant is placed by the	1810
department of mental health or to the defendant's place of	1811
commitment all reports of the defendant's current mental condition	1812
and, except as otherwise provided in this division, any other	1813
relevant information, including, but not limited to, a transcript	1814
of the hearing held pursuant to division (A)(2) of this section,	1815
copies of relevant police reports, and copies of any prior arrest	1816
and conviction records that pertain to the defendant and that the	1817
prosecutor possesses. The prosecutor shall send the reports of the	1818
defendant's current mental condition in every case of commitment,	1819
and, unless the prosecutor determines that the release of any of	1820
the other relevant information to unauthorized persons would	1821
interfere with the effective prosecution of any person or would	1822
create a substantial risk of harm to any person, the prosecutor	1823
also shall send the other relevant information. Upon admission of	1824
a defendant committed under division (D)(1) of this section, the	1825
place of commitment shall send to the board of alcohol, drug	1826
addiction, and mental health services or the community mental	1827
health board serving the county in which the charges against the	1828
defendant were filed a copy of all reports of the defendant's	1829
current mental condition and a copy of the other relevant	1830
information provided by the prosecutor under this division,	1831
including, if provided, a transcript of the hearing held pursuant	1832
to division (A)(2) of this section, the relevant police reports,	1833
and the prior arrest and conviction records that pertain to the	1834
defendant and that the prosecutor possesses.	1835

(3) If a court makes a commitment under division (D)(1) of	1836
this section, all further proceedings shall be in accordance with	1837
sections 2945.401 and 2945.402 of the Revised Code.	1838

Sec. 2945.40.  (A) If a person is found not guilty by reason	1839
of insanity, the verdict shall state that finding, and the trial	1840
court shall conduct a full hearing to determine whether the person	1841
is a mentally ill person subject to hospitalization by court order	1842
or a mentally retarded person subject to institutionalization by	1843
court order. Prior to the hearing, if the trial judge believes	1844
that there is probable cause that the person found not guilty by	1845
reason of insanity is a mentally ill person subject to	1846
hospitalization by court order or mentally retarded person subject	1847
to institutionalization by court order, the trial judge may issue	1848
a temporary order of detention for that person to remain in effect	1849
for ten court days or until the hearing, whichever occurs first.	1850

Any person detained pursuant to a temporary order of	1851
detention issued under this division shall be held in a suitable	1852
facility, taking into consideration the place and type of	1853
confinement prior to and during trial.	1854

(B) The court shall hold the hearing under division (A) of	1855
this section to determine whether the person found not guilty by	1856
reason of insanity is a mentally ill person subject to	1857
hospitalization by court order or a mentally retarded person	1858
subject to institutionalization by court order within ten court	1859
days after the finding of not guilty by reason of insanity.	1860
Failure to conduct the hearing within the ten-day period shall	1861
cause the immediate discharge of the respondent, unless the judge	1862
grants a continuance for not longer than ten court days for good	1863
cause shown or for any period of time upon motion of the	1864
respondent.	1865

(C) If a person is found not guilty by reason of insanity,	1866
the person has the right to attend all hearings conducted pursuant	1867
to sections 2945.37 to 2945.402 of the Revised Code. At any	1868
hearing conducted pursuant to one of those sections, the court	1869
shall inform the person that the person has all of the following	1870
rights:	1871

(1) The right to be represented by counsel and to have that	1872
counsel provided at public expense if the person is indigent, with	1873
the counsel to be appointed by the court under Chapter 120. of the	1874
Revised Code or under the authority recognized in division (C) of	1875
section 120.06, division (E) of section 120.16, division (E) of	1876
section 120.26, or section 2941.51 of the Revised Code;	1877

(2) The right to have independent expert evaluation and to	1878
have that independent expert evaluation provided at public expense	1879
if the person is indigent;	1880

(3) The right to subpoena witnesses and documents, to present	1881
evidence on the person's behalf, and to cross-examine witnesses	1882
against the person;	1883

(4) The right to testify in the person's own behalf and to	1884
not be compelled to testify;	1885

(5) The right to have copies of any relevant medical or	1886
mental health document in the custody of the state or of any place	1887
of commitment other than a document for which the court finds that	1888
the release to the person of information contained in the document	1889
would create a substantial risk of harm to any person.	1890

(D) The hearing under division (A) of this section shall be	1891
open to the public, and the court shall conduct the hearing in	1892
accordance with the Rules of Civil Procedure. The court shall make	1893
and maintain a full transcript and record of the hearing	1894
proceedings. The court may consider all relevant evidence,	1895
including, but not limited to, any relevant psychiatric,	1896
psychological, or medical testimony or reports, the acts	1897
constituting the offense in relation to which the person was found	1898
not guilty by reason of insanity, and any history of the person	1899
that is relevant to the person's ability to conform to the law.	1900

(E) Upon completion of the hearing under division (A) of this	1901
section, if the court finds there is not clear and convincing	1902
evidence that the person is a mentally ill person subject to	1903
hospitalization by court order or a mentally retarded person	1904
subject to institutionalization by court order, the court shall	1905
discharge the person, unless a detainer has been placed upon the	1906
person by the department of rehabilitation and correction, in	1907
which case the person shall be returned to that department.	1908

(F) If, at the hearing under division (A) of this section,	1909
the court finds by clear and convincing evidence that the person	1910
is a mentally ill person subject to hospitalization by court	1911
order, the court shall commit the person either to the department	1912
of mental health for treatment in a hospital, facility, or agency	1913
as determined clinically appropriate by the department of mental	1914
health or to another medical or psychiatric facility, as	1915
appropriate. Prior to placing the defendant, the department of	1916
mental health shall obtain court approval for that placement. If,	1917
at the hearing under division (A) of this section, the court	1918
determines by clear and convincing evidence that the person	1919
requires treatment for mental retardation, it shall commit the	1920
person to a facility operated by the department of developmental	1921
disabilities or another facility, as appropriate. Further	1922
proceedings shall be in accordance with sections 2945.401 and	1923
2945.402 of the Revised Code. In determining the place of	1924
commitment, the court shall consider the extent to which the	1925
person is a danger to the person and to others, the need for	1926
security, and the type of crime involved and shall order the least	1927
restrictive alternative available that is consistent with public	1928
safety and the welfare of the person. In weighing these factors,	1929
the court shall give preference to protecting public safety.	1930

(G) If a court makes a commitment of a person under division	1931
(F) of this section, the prosecutor shall send to the hospital,	1932
facility, or agency where the person is placed by the department	1933
of mental health or to the defendant's place of commitment all	1934
reports of the person's current mental condition, and, except as	1935
otherwise provided in this division, any other relevant	1936
information, including, but not limited to, a transcript of the	1937
hearing held pursuant to division (A) of this section, copies of	1938
relevant police reports, and copies of any prior arrest and	1939
conviction records that pertain to the person and that the	1940
prosecutor possesses. The prosecutor shall send the reports of the	1941
person's current mental condition in every case of commitment,	1942
and, unless the prosecutor determines that the release of any of	1943
the other relevant information to unauthorized persons would	1944
interfere with the effective prosecution of any person or would	1945
create a substantial risk of harm to any person, the prosecutor	1946
also shall send the other relevant information. Upon admission of	1947
a person committed under division (F) of this section, the place	1948
of commitment shall send to the board of alcohol, drug addiction,	1949
and mental health services or the community mental health board	1950
serving the county in which the charges against the person were	1951
filed a copy of all reports of the person's current mental	1952
condition and a copy of the other relevant information provided by	1953
the prosecutor under this division, including, if provided, a	1954
transcript of the hearing held pursuant to division (A) of this	1955
section, the relevant police reports, and the prior arrest and	1956
conviction records that pertain to the person and that the	1957
prosecutor possesses.	1958

(H) A person who is committed pursuant to this section shall	1959
not voluntarily admit the person or be voluntarily admitted to a	1960
hospital or institution pursuant to section 5122.02, 5122.15,	1961
5123.69, or 5123.76 of the Revised Code.	1962

Sec. 2945.401.  (A) A defendant found incompetent to stand	1963
trial and committed pursuant to section 2945.39 of the Revised	1964
Code or a person found not guilty by reason of insanity and	1965
committed pursuant to section 2945.40 of the Revised Code shall	1966
remain subject to the jurisdiction of the trial court pursuant to	1967
that commitment, and to the provisions of this section, until the	1968
final termination of the commitment as described in division	1969
(J)(1) of this section. If the jurisdiction is terminated under	1970
this division because of the final termination of the commitment	1971
resulting from the expiration of the maximum prison term or term	1972
of imprisonment described in division (J)(1)(b) of this section,	1973
the court or prosecutor may file an affidavit for the civil	1974
commitment of the defendant or person pursuant to Chapter 5122. or	1975
5123. of the Revised Code.	1976

(B) A hearing conducted under any provision of sections	1977
2945.37 to 2945.402 of the Revised Code shall not be conducted in	1978
accordance with Chapters 5122. and 5123. of the Revised Code. Any	1979
person who is committed pursuant to section 2945.39 or 2945.40 of	1980
the Revised Code shall not voluntarily admit the person or be	1981
voluntarily admitted to a hospital or institution pursuant to	1982
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	1983
All other provisions of Chapters 5122. and 5123. of the Revised	1984
Code regarding hospitalization or institutionalization shall apply	1985
to the extent they are not in conflict with this chapter. A	1986
commitment under section 2945.39 or 2945.40 of the Revised Code	1987
shall not be terminated and the conditions of the commitment shall	1988
not be changed except as otherwise provided in division (D)(2) of	1989
this section with respect to a mentally retarded person subject to	1990
institutionalization by court order or except by order of the	1991
trial court.	1992

(C) The department of mental health or the institution,	1993
facility, or program to which a defendant or person has been	1994
committed under section 2945.39 or 2945.40 of the Revised Code	1995
shall report in writing to the trial court, at the times specified	1996
in this division, as to whether the defendant or person remains a	1997
mentally ill person subject to hospitalization by court order or a	1998
mentally retarded person subject to institutionalization by court	1999
order and, in the case of a defendant committed under section	2000
2945.39 of the Revised Code, as to whether the defendant remains	2001
incompetent to stand trial. The department, institution, facility,	2002
or program shall make the reports after the initial six months of	2003
treatment and every two years after the initial report is made.	2004
The trial court shall provide copies of the reports to the	2005
prosecutor and to the counsel for the defendant or person. Within	2006
thirty days after its receipt pursuant to this division of a	2007
report from the department, institution, facility, or program, the	2008
trial court shall hold a hearing on the continued commitment of	2009
the defendant or person or on any changes in the conditions of the	2010
commitment of the defendant or person. The defendant or person may	2011
request a change in the conditions of confinement, and the trial	2012
court shall conduct a hearing on that request if six months or	2013
more have elapsed since the most recent hearing was conducted	2014
under this section.	2015

(D)(1) Except as otherwise provided in division (D)(2) of	2016
this section, when a defendant or person has been committed under	2017
section 2945.39 or 2945.40 of the Revised Code, at any time after	2018
evaluating the risks to public safety and the welfare of the	2019
defendant or person, the designee of the department of mental	2020
health or the managing officer of the institution or director of	2021
the facility or program to which the defendant or person is	2022
committed may recommend a termination of the defendant's or	2023
person's commitment or a change in the conditions of the	2024
defendant's or person's commitment.	2025

Except as otherwise provided in division (D)(2) of this	2026
section, if the designee of the department of mental health	2027
recommends on-grounds unsupervised movement, off-grounds	2028
supervised movement, or nonsecured status for the defendant or	2029
person or termination of the defendant's or person's commitment,	2030
the following provisions apply:	2031

(a) If the department's designee recommends on-grounds	2032
unsupervised movement or off-grounds supervised movement, the	2033
department's designee shall file with the trial court an	2034
application for approval of the movement and shall send a copy of	2035
the application to the prosecutor. Within fifteen days after	2036
receiving the application, the prosecutor may request a hearing on	2037
the application and, if a hearing is requested, shall so inform	2038
the department's designee. If the prosecutor does not request a	2039
hearing within the fifteen-day period, the trial court shall	2040
approve the application by entering its order approving the	2041
requested movement or, within five days after the expiration of	2042
the fifteen-day period, shall set a date for a hearing on the	2043
application. If the prosecutor requests a hearing on the	2044
application within the fifteen-day period, the trial court shall	2045
hold a hearing on the application within thirty days after the	2046
hearing is requested. If the trial court, within five days after	2047
the expiration of the fifteen-day period, sets a date for a	2048
hearing on the application, the trial court shall hold the hearing	2049
within thirty days after setting the hearing date. At least	2050
fifteen days before any hearing is held under this division, the	2051
trial court shall give the prosecutor written notice of the date,	2052
time, and place of the hearing. At the conclusion of each hearing	2053
conducted under this division, the trial court either shall	2054
approve or disapprove the application and shall enter its order	2055
accordingly.	2056

(b) If the department's designee recommends termination of	2057
the defendant's or person's commitment at any time or if the	2058
department's designee recommends the first of any nonsecured	2059
status for the defendant or person, the department's designee	2060
shall send written notice of this recommendation to the trial	2061
court and to the local forensic center. The local forensic center	2062
shall evaluate the committed defendant or person and, within	2063
thirty days after its receipt of the written notice, shall submit	2064
to the trial court and the department's designee a written report	2065
of the evaluation. The trial court shall provide a copy of the	2066
department's designee's written notice and of the local forensic	2067
center's written report to the prosecutor and to the counsel for	2068
the defendant or person. Upon the local forensic center's	2069
submission of the report to the trial court and the department's	2070
designee, all of the following apply:	2071

(i) If the forensic center disagrees with the recommendation	2072
of the department's designee, it shall inform the department's	2073
designee and the trial court of its decision and the reasons for	2074
the decision. The department's designee, after consideration of	2075
the forensic center's decision, shall either withdraw, proceed	2076
with, or modify and proceed with the recommendation. If the	2077
department's designee proceeds with, or modifies and proceeds	2078
with, the recommendation, the department's designee shall proceed	2079
in accordance with division (D)(1)(b)(iii) of this section.	2080

(ii) If the forensic center agrees with the recommendation of	2081
the department's designee, it shall inform the department's	2082
designee and the trial court of its decision and the reasons for	2083
the decision, and the department's designee shall proceed in	2084
accordance with division (D)(1)(b)(iii) of this section.	2085

(iii) If the forensic center disagrees with the	2086
recommendation of the department's designee and the department's	2087
designee proceeds with, or modifies and proceeds with, the	2088
recommendation or if the forensic center agrees with the	2089
recommendation of the department's designee, the department's	2090
designee shall work with community mental health agencies,	2091
programs, facilities, or boards of alcohol, drug addiction, and	2092
mental health services or community mental health boards to	2093
develop a plan to implement the recommendation. If the defendant	2094
or person is on medication, the plan shall include, but shall not	2095
be limited to, a system to monitor the defendant's or person's	2096
compliance with the prescribed medication treatment plan. The	2097
system shall include a schedule that clearly states when the	2098
defendant or person shall report for a medication compliance	2099
check. The medication compliance checks shall be based upon the	2100
effective duration of the prescribed medication, taking into	2101
account the route by which it is taken, and shall be scheduled at	2102
intervals sufficiently close together to detect a potential	2103
increase in mental illness symptoms that the medication is	2104
intended to prevent.	2105

The department's designee, after consultation with the board	2106
of alcohol, drug addiction, and mental health services or the	2107
community mental health board serving the area, shall send the	2108
recommendation and plan developed under division (D)(1)(b)(iii) of	2109
this section, in writing, to the trial court, the prosecutor, and	2110
the counsel for the committed defendant or person. The trial court	2111
shall conduct a hearing on the recommendation and plan developed	2112
under division (D)(1)(b)(iii) of this section. Divisions (D)(1)(c)	2113
and (d) and (E) to (J) of this section apply regarding the	2114
hearing.	2115

(c) If the department's designee's recommendation is for	2116
nonsecured status or termination of commitment, the prosecutor may	2117
obtain an independent expert evaluation of the defendant's or	2118
person's mental condition, and the trial court may continue the	2119
hearing on the recommendation for a period of not more than thirty	2120
days to permit time for the evaluation.	2121

The prosecutor may introduce the evaluation report or present	2122
other evidence at the hearing in accordance with the Rules of	2123
Evidence.	2124

(d) The trial court shall schedule the hearing on a	2125
department's designee's recommendation for nonsecured status or	2126
termination of commitment and shall give reasonable notice to the	2127
prosecutor and the counsel for the defendant or person. Unless	2128
continued for independent evaluation at the prosecutor's request	2129
or for other good cause, the hearing shall be held within thirty	2130
days after the trial court's receipt of the recommendation and	2131
plan.	2132

(2)(a) Division (D)(1) of this section does not apply to	2133
on-grounds unsupervised movement of a defendant or person who has	2134
been committed under section 2945.39 or 2945.40 of the Revised	2135
Code, who is a mentally retarded person subject to	2136
institutionalization by court order, and who is being provided	2137
residential habilitation, care, and treatment in a facility	2138
operated by the department of developmental disabilities.	2139

(b) If, pursuant to section 2945.39 of the Revised Code, the	2140
trial court commits a defendant who is found incompetent to stand	2141
trial and who is a mentally retarded person subject to	2142
institutionalization by court order, if the defendant is being	2143
provided residential habilitation, care, and treatment in a	2144
facility operated by the department of developmental disabilities,	2145
if an individual who is conducting a survey for the department of	2146
health to determine the facility's compliance with the	2147
certification requirements of the medicaid program under Chapter	2148
5111. of the Revised Code and Title XIX of the "Social Security	2149
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	2150
defendant's receipt of the residential habilitation, care, and	2151
treatment in the facility as being inappropriate under the	2152
certification requirements, if the defendant's receipt of the	2153
residential habilitation, care, and treatment in the facility	2154
potentially jeopardizes the facility's continued receipt of	2155
federal medicaid moneys, and if as a result of the citation the	2156
chief clinical officer of the facility determines that the	2157
conditions of the defendant's commitment should be changed, the	2158
department of developmental disabilities may cause the defendant	2159
to be removed from the particular facility and, after evaluating	2160
the risks to public safety and the welfare of the defendant and	2161
after determining whether another type of placement is consistent	2162
with the certification requirements, may place the defendant in	2163
another facility that the department selects as an appropriate	2164
facility for the defendant's continued receipt of residential	2165
habilitation, care, and treatment and that is a no less secure	2166
setting than the facility in which the defendant had been placed	2167
at the time of the citation. Within three days after the	2168
defendant's removal and alternative placement under the	2169
circumstances described in division (D)(2)(b) of this section, the	2170
department of developmental disabilities shall notify the trial	2171
court and the prosecutor in writing of the removal and alternative	2172
placement.	2173

The trial court shall set a date for a hearing on the removal	2174
and alternative placement, and the hearing shall be held within	2175
twenty-one days after the trial court's receipt of the notice from	2176
the department of developmental disabilities. At least ten days	2177
before the hearing is held, the trial court shall give the	2178
prosecutor, the department of developmental disabilities, and the	2179
counsel for the defendant written notice of the date, time, and	2180
place of the hearing. At the hearing, the trial court shall	2181
consider the citation issued by the individual who conducted the	2182
survey for the department of health to be prima-facie evidence of	2183
the fact that the defendant's commitment to the particular	2184
facility was inappropriate under the certification requirements of	2185
the medicaid program under Chapter 5111. of the Revised Code and	2186
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	2187
U.S.C.A. 301, as amended, and potentially jeopardizes the	2188
particular facility's continued receipt of federal medicaid	2189
moneys. At the conclusion of the hearing, the trial court may	2190
approve or disapprove the defendant's removal and alternative	2191
placement. If the trial court approves the defendant's removal and	2192
alternative placement, the department of developmental	2193
disabilities may continue the defendant's alternative placement.	2194
If the trial court disapproves the defendant's removal and	2195
alternative placement, it shall enter an order modifying the	2196
defendant's removal and alternative placement, but that order	2197
shall not require the department of developmental disabilities to	2198
replace the defendant for purposes of continued residential	2199
habilitation, care, and treatment in the facility associated with	2200
the citation issued by the individual who conducted the survey for	2201
the department of health.	2202

(E) In making a determination under this section regarding	2203
nonsecured status or termination of commitment, the trial court	2204
shall consider all relevant factors, including, but not limited	2205
to, all of the following:	2206

(1) Whether, in the trial court's view, the defendant or	2207
person currently represents a substantial risk of physical harm to	2208
the defendant or person or others;	2209

(2) Psychiatric and medical testimony as to the current	2210
mental and physical condition of the defendant or person;	2211

(3) Whether the defendant or person has insight into the	2212
defendant's or person's condition so that the defendant or person	2213
will continue treatment as prescribed or seek professional	2214
assistance as needed;	2215

(4) The grounds upon which the state relies for the proposed	2216
commitment;	2217

(5) Any past history that is relevant to establish the	2218
defendant's or person's degree of conformity to the laws, rules,	2219
regulations, and values of society;	2220

(6) If there is evidence that the defendant's or person's	2221
mental illness is in a state of remission, the medically suggested	2222
cause and degree of the remission and the probability that the	2223
defendant or person will continue treatment to maintain the	2224
remissive state of the defendant's or person's illness should the	2225
defendant's or person's commitment conditions be altered.	2226

(F) At any hearing held pursuant to division (C) or (D)(1) or	2227
(2) of this section, the defendant or the person shall have all	2228
the rights of a defendant or person at a commitment hearing as	2229
described in section 2945.40 of the Revised Code.	2230

(G) In a hearing held pursuant to division (C) or (D)(1) of	2231
this section, the prosecutor has the burden of proof as follows:	2232

(1) For a recommendation of termination of commitment, to	2233
show by clear and convincing evidence that the defendant or person	2234
remains a mentally ill person subject to hospitalization by court	2235
order or a mentally retarded person subject to	2236
institutionalization by court order;	2237

(2) For a recommendation for a change in the conditions of	2238
the commitment to a less restrictive status, to show by clear and	2239
convincing evidence that the proposed change represents a threat	2240
to public safety or a threat to the safety of any person.	2241

(H) In a hearing held pursuant to division (C) or (D)(1) or	2242
(2) of this section, the prosecutor shall represent the state or	2243
the public interest.	2244

(I) At the conclusion of a hearing conducted under division	2245
(D)(1) of this section regarding a recommendation from the	2246
designee of the department of mental health, managing officer of	2247
the institution, or director of a facility or program, the trial	2248
court may approve, disapprove, or modify the recommendation and	2249
shall enter an order accordingly.	2250

(J)(1) A defendant or person who has been committed pursuant	2251
to section 2945.39 or 2945.40 of the Revised Code continues to be	2252
under the jurisdiction of the trial court until the final	2253
termination of the commitment. For purposes of division (J) of	2254
this section, the final termination of a commitment occurs upon	2255
the earlier of one of the following:	2256

(a) The defendant or person no longer is a mentally ill	2257
person subject to hospitalization by court order or a mentally	2258
retarded person subject to institutionalization by court order, as	2259
determined by the trial court;	2260

(b) The expiration of the maximum prison term or term of	2261
imprisonment that the defendant or person could have received if	2262
the defendant or person had been convicted of the most serious	2263
offense with which the defendant or person is charged or in	2264
relation to which the defendant or person was found not guilty by	2265
reason of insanity;	2266

(c) The trial court enters an order terminating the	2267
commitment under the circumstances described in division	2268
(J)(2)(a)(ii) of this section.	2269

(2)(a) If a defendant is found incompetent to stand trial and	2270
committed pursuant to section 2945.39 of the Revised Code, if	2271
neither of the circumstances described in divisions (J)(1)(a) and	2272
(b) of this section applies to that defendant, and if a report	2273
filed with the trial court pursuant to division (C) of this	2274
section indicates that the defendant presently is competent to	2275
stand trial or if, at any other time during the period of the	2276
defendant's commitment, the prosecutor, the counsel for the	2277
defendant, or the designee of the department of mental health or	2278
the managing officer of the institution or director of the	2279
facility or program to which the defendant is committed files an	2280
application with the trial court alleging that the defendant	2281
presently is competent to stand trial and requesting a hearing on	2282
the competency issue or the trial court otherwise has reasonable	2283
cause to believe that the defendant presently is competent to	2284
stand trial and determines on its own motion to hold a hearing on	2285
the competency issue, the trial court shall schedule a hearing on	2286
the competency of the defendant to stand trial, shall give the	2287
prosecutor, the counsel for the defendant, and the department's	2288
designee or the managing officer of the institution or the	2289
director of the facility to which the defendant is committed	2290
notice of the date, time, and place of the hearing at least	2291
fifteen days before the hearing, and shall conduct the hearing	2292
within thirty days of the filing of the application or of its own	2293
motion. If, at the conclusion of the hearing, the trial court	2294
determines that the defendant presently is capable of	2295
understanding the nature and objective of the proceedings against	2296
the defendant and of assisting in the defendant's defense, the	2297
trial court shall order that the defendant is competent to stand	2298
trial and shall be proceeded against as provided by law with	2299
respect to the applicable offenses described in division (C)(1) of	2300
section 2945.38 of the Revised Code and shall enter whichever of	2301
the following additional orders is appropriate:	2302

(i) If the trial court determines that the defendant remains	2303
a mentally ill person subject to hospitalization by court order or	2304
a mentally retarded person subject to institutionalization by	2305
court order, the trial court shall order that the defendant's	2306
commitment to the department of mental health or to an	2307
institution, facility, or program for the treatment of mental	2308
retardation be continued during the pendency of the trial on the	2309
applicable offenses described in division (C)(1) of section	2310
2945.38 of the Revised Code.	2311

(ii) If the trial court determines that the defendant no	2312
longer is a mentally ill person subject to hospitalization by	2313
court order or a mentally retarded person subject to	2314
institutionalization by court order, the trial court shall order	2315
that the defendant's commitment to the department of mental health	2316
or to an institution, facility, or program for the treatment of	2317
mental retardation shall not be continued during the pendency of	2318
the trial on the applicable offenses described in division (C)(1)	2319
of section 2945.38 of the Revised Code. This order shall be a	2320
final termination of the commitment for purposes of division	2321
(J)(1)(c) of this section.	2322

(b) If, at the conclusion of the hearing described in	2323
division (J)(2)(a) of this section, the trial court determines	2324
that the defendant remains incapable of understanding the nature	2325
and objective of the proceedings against the defendant or of	2326
assisting in the defendant's defense, the trial court shall order	2327
that the defendant continues to be incompetent to stand trial,	2328
that the defendant's commitment to the department of mental health	2329
or to an institution, facility, or program for the treatment of	2330
mental retardation shall be continued, and that the defendant	2331
remains subject to the jurisdiction of the trial court pursuant to	2332
that commitment, and to the provisions of this section, until the	2333
final termination of the commitment as described in division	2334
(J)(1) of this section.	2335

Sec. 2967.22.  Whenever it is brought to the attention of the	2336
adult parole authority or a department of probation that a	2337
parolee, person under a community control sanction, person under	2338
transitional control, or releasee appears to be a mentally ill	2339
person subject to hospitalization by court order, as defined in	2340
section 5122.01 of the Revised Code, or a mentally retarded person	2341
subject to institutionalization by court order, as defined in	2342
section 5123.01 of the Revised Code, the parole or probation	2343
officer, subject to the approval of the chief of the adult parole	2344
authority, the designee of the chief of the adult parole	2345
authority, or the chief probation officer, may file an affidavit	2346
under section 5122.11 or 5123.71 of the Revised Code. A parolee,	2347
person under a community control sanction, or releasee who is	2348
involuntarily detained under Chapter 5122. or 5123. of the Revised	2349
Code shall receive credit against the period of parole or	2350
community control or the term of post-release control for the	2351
period of involuntary detention.	2352

If a parolee, person under a community control sanction,	2353
person under transitional control, or releasee escapes from an	2354
institution or facility within the department of mental health or	2355
the department of developmental disabilities, the superintendent	2356
of the institution immediately shall notify the chief of the adult	2357
parole authority or the chief probation officer. Notwithstanding	2358
the provisions of section 5122.26 of the Revised Code, the	2359
procedure for the apprehension, detention, and return of the	2360
parolee, person under a community control sanction, person under	2361
transitional control, or releasee is the same as that provided for	2362
the apprehension, detention, and return of persons who escape from	2363
institutions operated by the department of rehabilitation and	2364
correction. If the escaped parolee, person under transitional	2365
control, or releasee is not apprehended and returned to the	2366
custody of the department of mental health or the department of	2367
developmental disabilities within ninety days after the escape,	2368
the parolee, person under transitional control, or releasee shall	2369
be discharged from the custody of the department of mental health	2370
or the department of developmental disabilities and returned to	2371
the custody of the department of rehabilitation and correction. If	2372
the escaped person under a community control sanction is not	2373
apprehended and returned to the custody of the department of	2374
mental health or the department of developmental disabilities	2375
within ninety days after the escape, the person under a community	2376
control sanction shall be discharged from the custody of the	2377
department of mental health or the department of developmental	2378
disabilities and returned to the custody of the court that	2379
sentenced that person.	2380

Sec. 5119.23.  The department of mental health may examine	2381
into, with or without expert assistance, the question of the	2382
mental and physical condition of any person committed to or	2383
involuntarily confined in any hospital for the mentally ill, or	2384
restrained of his liberty at any place within this state by reason	2385
of alleged mental illness and may order and compel the discharge	2386
of any such person who is not a mentally ill person subject to	2387
hospitalization by court order as defined in division (B) of	2388
section 5122.01 of the Revised Code and direct what disposition	2389
shall be made of himthe person. The order of discharge shall be	2390
signed by the director of mental health. Upon receipt of such	2391
order by the superintendent or other person in charge of the	2392
building in which the person named in such order is confined, such	2393
person shall forthwith be discharged or otherwise disposed of	2394
according to the terms of said order, and any further or other	2395
detention of such person is unlawful. No such order shall be made	2396
in favor of any person committed and held for trial on a criminal	2397
charge, in confinement by an order of a judge or court made in a	2398
criminal proceeding, or in any case unless notice is given to the	2399
superintendent or other person having charge of the building in	2400
which the alleged mentally ill person is detained, and a	2401
reasonable opportunity is allowed the person in charge to justify	2402
further detention of the person confined.	2403

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

2404

(1) "Mental illness" means a substantial disorder of thought,	2405
mood, perception, orientation, or memory that grossly impairs	2406
judgment, behavior, capacity to recognize reality, or ability to	2407
meet the ordinary demands of life.	2408

(2) "Mentally ill person subject to hospitalization" means a	2409
mentally ill person to whom any of the following applies because	2410
of the person's mental illness:	2411

(a) The person represents a substantial risk of physical harm	2412
to the person as manifested by evidence of threats of, or attempts	2413
at, suicide or serious self-inflicted bodily harm.	2414

(b) The person represents a substantial risk of physical harm	2415
to others as manifested by evidence of recent homicidal or other	2416
violent behavior, evidence of recent threats that place another in	2417
reasonable fear of violent behavior and serious physical harm, or	2418
other evidence of present dangerousness.	2419

(c) The person represents a substantial and immediate risk of	2420
serious physical impairment or injury to the person as manifested	2421
by evidence that the person is unable to provide for and is not	2422
providing for the person's basic physical needs because of the	2423
person's mental illness and that appropriate provision for those	2424
needs cannot be made immediately available in the correctional	2425
institution in which the inmate is currently housed.	2426

(d) The person would benefit from treatment in a hospital for	2427
the person's mental illness and is in need of treatment in a	2428
hospital as manifested by evidence of behavior that creates a	2429
grave and imminent risk to substantial rights of others or the	2430
person.	2431

(3) "Psychiatric hospital" means all or part of a facility	2432
that is operated and managed by the department of mental health to	2433
provide psychiatric hospitalization services in accordance with	2434
the requirements of this section pursuant to an agreement between	2435
the directors of rehabilitation and correction and mental health	2436
or, is licensed by the department of mental health pursuant to	2437
section 5119.20 of the Revised Code as a psychiatric hospital and	2438
is accredited by a healthcare accrediting organization approved by	2439
the department of mental health and the psychiatric hospital is	2440
any of the following:	2441

(a) Operated and managed by the department of rehabilitation	2442
and correction within a facility that is operated by the	2443
department of rehabilitation and correction;	2444

(b) Operated and managed by a contractor for the department	2445
of rehabilitation and correction within a facility that is	2446
operated by the department of rehabilitation and correction;	2447

(c) Operated and managed in the community by an entity that	2448
has contracted with the department of rehabilitation and	2449
correction to provide psychiatric hospitalization services in	2450
accordance with the requirements of this section.	2451

(4) "Inmate patient" means an inmate who is admitted to a	2452
psychiatric hospital.	2453

(5) "Admitted" to a psychiatric hospital means being accepted	2454
for and staying at least one night at the psychiatric hospital.	2455

(6) "Treatment plan" means a written statement of reasonable	2456
objectives and goals for an inmate patient that is based on the	2457
needs of the inmate patient and that is established by the	2458
treatment team, with the active participation of the inmate	2459
patient and with documentation of that participation. "Treatment	2460
plan" includes all of the following:	2461

(a) The specific criteria to be used in evaluating progress	2462
toward achieving the objectives and goals;	2463

(b) The services to be provided to the inmate patient during	2464
the inmate patient's hospitalization;	2465

(c) The services to be provided to the inmate patient after	2466
discharge from the hospital, including, but not limited to,	2467
housing and mental health services provided at the state	2468
correctional institution to which the inmate patient returns after	2469
discharge or community mental health services.	2470

(7) "Mentally retarded person subject to institutionalization	2471
by court order" has the same meaning as in section 5123.01 of the	2472
Revised Code.	2473

(8) "Emergency transfer" means the transfer of a mentally ill	2474
inmate to a psychiatric hospital when the inmate presents an	2475
immediate danger to self or others and requires hospital-level	2476
care.	2477

(9) "Uncontested transfer" means the transfer of a mentally	2478
ill inmate to a psychiatric hospital when the inmate has the	2479
mental capacity to, and has waived, the hearing required by	2480
division (B) of this section.	2481

(10)(a) "Independent decision-maker" means a person who is	2482
employed or retained by the department of rehabilitation and	2483
correction and is appointed by the chief or chief clinical officer	2484
of mental health services as a hospitalization hearing officer to	2485
conduct due process hearings.	2486

(b) An independent decision-maker who presides over any	2487
hearing or issues any order pursuant to this section shall be a	2488
psychiatrist, psychologist, or attorney, shall not be specifically	2489
associated with the institution in which the inmate who is the	2490
subject of the hearing or order resides at the time of the hearing	2491
or order, and previously shall not have had any treatment	2492
relationship with nor have represented in any legal proceeding the	2493
inmate who is the subject of the order.	2494

(B)(1) Except as provided in division (C) of this section, if	2495
the warden of a state correctional institution or the warden's	2496
designee believes that an inmate should be transferred from the	2497
institution to a psychiatric hospital, the department shall hold a	2498
hearing to determine whether the inmate is a mentally ill person	2499
subject to hospitalization. The department shall conduct the	2500
hearing at the state correctional institution in which the inmate	2501
is confined, and the department shall provide qualified	2502
independent assistance to the inmate for the hearing. An	2503
independent decision-maker provided by the department shall	2504
preside at the hearing and determine whether the inmate is a	2505
mentally ill person subject to hospitalization.	2506

(2) Except as provided in division (C) of this section, prior	2507
to the hearing held pursuant to division (B)(1) of this section,	2508
the warden or the warden's designee shall give written notice to	2509
the inmate that the department is considering transferring the	2510
inmate to a psychiatric hospital, that it will hold a hearing on	2511
the proposed transfer at which the inmate may be present, that at	2512
the hearing the inmate has the rights described in division (B)(3)	2513
of this section, and that the department will provide qualified	2514
independent assistance to the inmate with respect to the hearing.	2515
The department shall not hold the hearing until the inmate has	2516
received written notice of the proposed transfer and has had	2517
sufficient time to consult with the person appointed by the	2518
department to provide assistance to the inmate and to prepare for	2519
a presentation at the hearing.	2520

(3) At the hearing held pursuant to division (B)(1) of this	2521
section, the department shall disclose to the inmate the evidence	2522
that it relies upon for the transfer and shall give the inmate an	2523
opportunity to be heard. Unless the independent decision-maker	2524
finds good cause for not permitting it, the inmate may present	2525
documentary evidence and the testimony of witnesses at the hearing	2526
and may confront and cross-examine witnesses called by the	2527
department.	2528

(4) If the independent decision-maker does not find clear and	2529
convincing evidence that the inmate is a mentally ill person	2530
subject to hospitalization, the department shall not transfer the	2531
inmate to a psychiatric hospital but shall continue to confine the	2532
inmate in the same state correctional institution or in another	2533
state correctional institution that the department considers	2534
appropriate. If the independent decision-maker finds clear and	2535
convincing evidence that the inmate is a mentally ill person	2536
subject to hospitalization, the decision-maker shall order that	2537
the inmate be transported to a psychiatric hospital for	2538
observation and treatment for a period of not longer than thirty	2539
days. After the hearing, the independent decision-maker shall	2540
submit to the department a written decision that states one of the	2541
findings described in division (B)(4) of this section, the	2542
evidence that the decision-maker relied on in reaching that	2543
conclusion, and, if the decision is that the inmate should be	2544
transferred, the reasons for the transfer.	2545

(C)(1) The department may transfer an inmate to a psychiatric	2546
hospital under an emergency transfer order if the chief clinical	2547
officer of mental health services of the department or that	2548
officer's designee and either a psychiatrist employed or retained	2549
by the department or, in the absence of a psychiatrist, a	2550
psychologist employed or retained by the department determines	2551
that the inmate is mentally ill, presents an immediate danger to	2552
self or others, and requires hospital-level care.	2553

(2) The department may transfer an inmate to a psychiatric	2554
hospital under an uncontested transfer order if both of the	2555
following apply:	2556

(a) A psychiatrist employed or retained by the department	2557
determines all of the following apply:	2558

(i) The inmate has a mental illness or is a mentally ill	2559
person subject to hospitalization.	2560

(ii) The inmate requires hospital care to address the mental	2561
illness.	2562

(iii) The inmate has the mental capacity to make a reasoned	2563
choice regarding the inmate's transfer to a hospital.	2564

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

2565

(3) The written notice and the hearing required under	2566
divisions (B)(1) and (2) of this section are not required for an	2567
emergency transfer or uncontested transfer under division (C)(1)	2568
or (2) of this section.	2569

(4) After an emergency transfer under division (C)(1) of this	2570
section, the department shall hold a hearing for continued	2571
hospitalization within five working days after admission of the	2572
transferred inmate to the psychiatric hospital. The department	2573
shall hold subsequent hearings pursuant to division (F) of this	2574
section at the same intervals as required for inmate patients who	2575
are transported to a psychiatric hospital under division (B)(4) of	2576
this section.	2577

(5) After an uncontested transfer under division (C)(2) of	2578
this section, the inmate may withdraw consent to the transfer in	2579
writing at any time. Upon the inmate's withdrawal of consent, the	2580
hospital shall discharge the inmate, or, within five working days,	2581
the department shall hold a hearing for continued hospitalization.	2582
The department shall hold subsequent hearings pursuant to division	2583
(F) of this section at the same time intervals as required for	2584
inmate patients who are transported to a psychiatric hospital	2585
under division (B)(4) of this section.	2586

(D)(1) If an independent decision-maker, pursuant to division	2587
(B)(4) of this section, orders an inmate transported to a	2588
psychiatric hospital or if an inmate is transferred pursuant to	2589
division (C)(1) or (2) of this section, the staff of the	2590
psychiatric hospital shall examine the inmate patient when	2591
admitted to the psychiatric hospital as soon as practicable after	2592
the inmate patient arrives at the hospital and no later than	2593
twenty-four hours after the time of arrival. The attending	2594
physician responsible for the inmate patient's care shall give the	2595
inmate patient all information necessary to enable the patient to	2596
give a fully informed, intelligent, and knowing consent to the	2597
treatment the inmate patient will receive in the hospital. The	2598
attending physician shall tell the inmate patient the expected	2599
physical and medical consequences of any proposed treatment and	2600
shall give the inmate patient the opportunity to consult with	2601
another psychiatrist at the hospital and with the inmate advisor.	2602

(2) No inmate patient who is transported or transferred	2603
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	2604
psychiatric hospital within a facility that is operated by the	2605
department of rehabilitation and correction shall be subjected to	2606
any of the following procedures:	2607

(a) Convulsive therapy;

2608

(b) Major aversive interventions;

2609

(c) Any unusually hazardous treatment procedures;

2610

(d) Psychosurgery.

2611

(E) The department of rehabilitation and correction shall	2612
ensure that an inmate patient hospitalized pursuant to this	2613
section receives or has all of the following:	2614

(1) Receives sufficient professional care within twenty days	2615
of admission to ensure that an evaluation of the inmate patient's	2616
current status, differential diagnosis, probable prognosis, and	2617
description of the current treatment plan have been formulated and	2618
are stated on the inmate patient's official chart;	2619

(2) Has a written treatment plan consistent with the	2620
evaluation, diagnosis, prognosis, and goals of treatment;	2621

(3) Receives treatment consistent with the treatment plan;

2622

(4) Receives periodic reevaluations of the treatment plan by	2623
the professional staff at intervals not to exceed thirty days;	2624

(5) Is provided with adequate medical treatment for physical	2625
disease or injury;	2626

(6) Receives humane care and treatment, including, without	2627
being limited to, the following:	2628

(a) Access to the facilities and personnel required by the	2629
treatment plan;	2630

(b) A humane psychological and physical environment;

2631

(c) The right to obtain current information concerning the	2632
treatment program, the expected outcomes of treatment, and the	2633
expectations for the inmate patient's participation in the	2634
treatment program in terms that the inmate patient reasonably can	2635
understand;	2636

(d) Opportunity for participation in programs designed to	2637
help the inmate patient acquire the skills needed to work toward	2638
discharge from the psychiatric hospital;	2639

(e) The right to be free from unnecessary or excessive	2640
medication and from unnecessary restraints or isolation;	2641

(f) All other rights afforded inmates in the custody of the	2642
department consistent with rules, policy, and procedure of the	2643
department.	2644

(F) The department shall hold a hearing for the continued	2645
hospitalization of an inmate patient who is transported or	2646
transferred to a psychiatric hospital pursuant to division (B)(4)	2647
or (C)(1) of this section prior to the expiration of the initial	2648
thirty-day period of hospitalization. The department shall hold	2649
any subsequent hearings, if necessary, not later than ninety days	2650
after the first thirty-day hearing and then not later than each	2651
one hundred and eighty days after the immediately prior hearing.	2652
An independent decision-maker shall conduct the hearings at the	2653
psychiatric hospital in which the inmate patient is confined. The	2654
inmate patient shall be afforded all of the rights set forth in	2655
this section for the hearing prior to transfer to the psychiatric	2656
hospital. The department may not waive a hearing for continued	2657
commitment. A hearing for continued commitment is mandatory for an	2658
inmate patient transported or transferred to a psychiatric	2659
hospital pursuant to division (B)(4) or (C)(1) of this section	2660
unless the inmate patient has the capacity to make a reasoned	2661
choice to execute a waiver and waives the hearing in writing. An	2662
inmate patient who is transferred to a psychiatric hospital	2663
pursuant to an uncontested transfer under division (C)(2) of this	2664
section and who has scheduled hearings after withdrawal of consent	2665
for hospitalization may waive any of the scheduled hearings if the	2666
inmate has the capacity to make a reasoned choice and executes a	2667
written waiver of the hearing.	2668

If upon completion of the hearing the independent	2669
decision-maker does not find by clear and convincing evidence that	2670
the inmate patient is a mentally ill person subject to	2671
hospitalization, the independent decision-maker shall order the	2672
inmate patient's discharge from the psychiatric hospital. If the	2673
independent decision-maker finds by clear and convincing evidence	2674
that the inmate patient is a mentally ill person subject to	2675
hospitalization, the independent decision-maker shall order that	2676
the inmate patient remain at the psychiatric hospital for	2677
continued hospitalization until the next required hearing.	2678

If at any time prior to the next required hearing for	2679
continued hospitalization, the medical director of the hospital or	2680
the attending physician determines that the treatment needs of the	2681
inmate patient could be met equally well in an available and	2682
appropriate less restrictive state correctional institution or	2683
unit, the medical director or attending physician may discharge	2684
the inmate to that facility.	2685

(G) An inmate patient is entitled to the credits toward the	2686
reduction of the inmate patient's stated prison term pursuant to	2687
Chapters 2967. and 5120. of the Revised Code under the same terms	2688
and conditions as if the inmate patient were in any other	2689
institution of the department of rehabilitation and correction.	2690

(H) The adult parole authority may place an inmate patient on	2691
parole or under post-release control directly from a psychiatric	2692
hospital.	2693

(I) If an inmate patient who is a mentally ill person subject	2694
to hospitalization is to be released from a psychiatric hospital	2695
because of the expiration of the inmate patient's stated prison	2696
term, the director of rehabilitation and correction or the	2697
director's designee, at least fourteen days before the expiration	2698
date, may file an affidavit under section 5122.11 or 5123.71 of	2699
the Revised Code with the probate court in the county where the	2700
psychiatric hospital is located or the probate court in the county	2701
where the inmate will reside, alleging that the inmate patient is	2702
a mentally ill person subject to hospitalization by court order or	2703
a mentally retarded person subject to institutionalization by	2704
court order, whichever is applicable. The proceedings in the	2705
probate court shall be conducted pursuant to Chapter 5122. or	2706
5123. of the Revised Code except as modified by this division.	2707

Upon the request of the inmate patient, the probate court	2708
shall grant the inmate patient an initial hearing under section	2709
5122.141 of the Revised Code or a probable cause hearing under	2710
section 5123.75 of the Revised Code before the expiration of the	2711
stated prison term. After holding a full hearing, the probate	2712
court shall make a disposition authorized by section 5122.15 or	2713
5123.76 of the Revised Code before the date of the expiration of	2714
the stated prison term. No inmate patient shall be held in the	2715
custody of the department of rehabilitation and correction past	2716
the date of the expiration of the inmate patient's stated prison	2717
term.	2718

(J) The department of rehabilitation and correction shall set	2719
standards for treatment provided to inmate patients.	2720

(K) A certificate, application, record, or report that is	2721
made in compliance with this section and that directly or	2722
indirectly identifies an inmate or former inmate whose	2723
hospitalization has been sought under this section is	2724
confidential. No person shall disclose the contents of any	2725
certificate, application, record, or report of that nature or any	2726
other psychiatric or medical record or report regarding a mentally	2727
ill inmate unless one of the following applies:	2728

(1) The person identified, or the person's legal guardian, if	2729
any, consents to disclosure, and the chief clinical officer or	2730
designee of mental health services of the department of	2731
rehabilitation and correction determines that disclosure is in the	2732
best interests of the person.	2733

(2) Disclosure is required by a court order signed by a	2734
judge.	2735

(3) An inmate patient seeks access to the inmate patient's	2736
own psychiatric and medical records, unless access is specifically	2737
restricted in the treatment plan for clear treatment reasons.	2738

(4) Hospitals and other institutions and facilities within	2739
the department of rehabilitation and correction may exchange	2740
psychiatric records and other pertinent information with other	2741
hospitals, institutions, and facilities of the department, but the	2742
information that may be released about an inmate patient is	2743
limited to medication history, physical health status and history,	2744
summary of course of treatment in the hospital, summary of	2745
treatment needs, and a discharge summary, if any.	2746

(5) An inmate patient's family member who is involved in	2747
planning, providing, and monitoring services to the inmate patient	2748
may receive medication information, a summary of the inmate	2749
patient's diagnosis and prognosis, and a list of the services and	2750
personnel available to assist the inmate patient and family if the	2751
attending physician determines that disclosure would be in the	2752
best interest of the inmate patient. No disclosure shall be made	2753
under this division unless the inmate patient is notified of the	2754
possible disclosure, receives the information to be disclosed, and	2755
does not object to the disclosure.	2756

(6) The department of rehabilitation and correction may	2757
exchange psychiatric hospitalization records, other mental health	2758
treatment records, and other pertinent information with county	2759
sheriffs' offices, hospitals, institutions, and facilities of the	2760
department of mental health and with community mental health	2761
agencies and boards of alcohol, drug addiction, and mental health	2762
services with which the department of mental health has a current	2763
agreement for patient care or services to ensure continuity of	2764
care. Disclosure under this division is limited to records	2765
regarding a mentally ill inmate's medication history, physical	2766
health status and history, summary of course of treatment, summary	2767
of treatment needs, and a discharge summary, if any. No office,	2768
department, agency, or board shall disclose the records and other	2769
information unless one of the following applies:	2770

(a) The mentally ill inmate is notified of the possible	2771
disclosure and consents to the disclosure.	2772

(b) The mentally ill inmate is notified of the possible	2773
disclosure, an attempt to gain the consent of the inmate is made,	2774
and the office, department, agency, or board documents the attempt	2775
to gain consent, the inmate's objections, if any, and the reasons	2776
for disclosure in spite of the inmate's objections.	2777

(7) Information may be disclosed to staff members designated	2778
by the director of rehabilitation and correction for the purpose	2779
of evaluating the quality, effectiveness, and efficiency of	2780
services and determining if the services meet minimum standards.	2781

The name of an inmate patient shall not be retained with the	2782
information obtained during the evaluations.	2783

(L) The director of rehabilitation and correction may adopt	2784
rules setting forth guidelines for the procedures required under	2785
divisions (B), (C)(1), and (C)(2) of this section.	2786

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	2787
the Revised Code:	2788

(A) "Mental illness" means a substantial disorder of thought,	2789
mood, perception, orientation, or memory that grossly impairs	2790
judgment, behavior, capacity to recognize reality, or ability to	2791
meet the ordinary demands of life.	2792

(B) "Mentally ill person subject to hospitalization by court	2793
order" means a mentally ill person who, because of the person's	2794
illness:	2795

(1) Represents a substantial risk of physical harm to self as	2796
manifested by evidence of threats of, or attempts at, suicide or	2797
serious self-inflicted bodily harm;	2798

(2) Represents a substantial risk of physical harm to others	2799
as manifested by evidence of recent homicidal or other violent	2800
behavior, evidence of recent threats that place another in	2801
reasonable fear of violent behavior and serious physical harm, or	2802
other evidence of present dangerousness;	2803

(3) Represents a substantial and immediate risk of serious	2804
physical impairment or injury to self as manifested by evidence	2805
that the person is unable to provide for and is not providing for	2806
the person's basic physical needs because of the person's mental	2807
illness and that appropriate provision for those needs cannot be	2808
made immediately available in the community; or	2809

(4) Would benefit from treatment in a hospital for the	2810
person's mental illness and is in need of such treatment as	2811
manifested by evidence of behavior that creates a grave and	2812
imminent risk to substantial rights of others or the persondue to	2813
all of the following:	2814

(a) The substantial likelihood that, if the person is not	2815
treated, the person's current condition will further deteriorate	2816
to the point that the person will meet criteria in division	2817
(B)(1), (2), or (3) of this section.	2818

(b) The person has demonstrated difficulty in adhering to	2819
reasonable and appropriate prescribed treatment.	2820

(c) The likelihood that the person will not voluntarily	2821
participate in treatment despite a risk of serious impairment or	2822
injury to self or others.	2823

(C)(1) "Patient" means, subject to division (C)(2) of this	2824
section, a person who is admitted either voluntarily or	2825
involuntarily to a hospital or other place under section 2945.39,	2826
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	2827
finding of not guilty by reason of insanity or incompetence to	2828
stand trial or under this chapter, who is under observation or	2829
receiving treatment in such place.	2830

(2) "Patient" does not include a person admitted to a	2831
hospital or other place under section 2945.39, 2945.40, 2945.401,	2832
or 2945.402 of the Revised Code to the extent that the reference	2833
in this chapter to patient, or the context in which the reference	2834
occurs, is in conflict with any provision of sections 2945.37 to	2835
2945.402 of the Revised Code.	2836

(D) "Licensed physician" means a person licensed under the	2837
laws of this state to practice medicine or a medical officer of	2838
the government of the United States while in this state in the	2839
performance of the person's official duties.	2840

(E) "Psychiatrist" means a licensed physician who has	2841
satisfactorily completed a residency training program in	2842
psychiatry, as approved by the residency review committee of the	2843
American medical association, the committee on post-graduate	2844
education of the American osteopathic association, or the American	2845
osteopathic board of neurology and psychiatry, or who on July 1,	2846
1989, has been recognized as a psychiatrist by the Ohio state	2847
medical association or the Ohio osteopathic association on the	2848
basis of formal training and five or more years of medical	2849
practice limited to psychiatry.	2850

(F) "Hospital" means a hospital or inpatient unit licensed by	2851
the department of mental health under section 5119.20 of the	2852
Revised Code, and any institution, hospital, or other place	2853
established, controlled, or supervised by the department under	2854
Chapter 5119. of the Revised Code.	2855

(G) "Public hospital" means a facility that is tax-supported	2856
and under the jurisdiction of the department of mental health.	2857

(H) "Community mental health agency" means an agency that	2858
provides community mental health services that are certified by	2859
the director of mental health under section 5119.611 of the	2860
Revised Code.	2861

(I) "Licensed clinical psychologist" means a person who holds	2862
a current valid psychologist license issued under section 4732.12	2863
or 4732.15 of the Revised Code, and in addition, meets either of	2864
the following criteria:	2865

(1) Meets the educational requirements set forth in division	2866
(B) of section 4732.10 of the Revised Code and has a minimum of	2867
two years' full-time professional experience, or the equivalent as	2868
determined by rule of the state board of psychology, at least one	2869
year of which shall be a predoctoral internship, in clinical	2870
psychological work in a public or private hospital or clinic or in	2871
private practice, diagnosing and treating problems of mental	2872
illness or mental retardation under the supervision of a	2873
psychologist who is licensed or who holds a diploma issued by the	2874
American board of professional psychology, or whose qualifications	2875
are substantially similar to those required for licensure by the	2876
state board of psychology when the supervision has occurred prior	2877
to enactment of laws governing the practice of psychology;	2878

(2) Meets the educational requirements set forth in division	2879
(B) of section 4732.15 of the Revised Code and has a minimum of	2880
four years' full-time professional experience, or the equivalent	2881
as determined by rule of the state board of psychology, in	2882
clinical psychological work in a public or private hospital or	2883
clinic or in private practice, diagnosing and treating problems of	2884
mental illness or mental retardation under supervision, as set	2885
forth in division (I)(1) of this section.	2886

(J) "Health officer" means any public health physician;	2887
public health nurse; or other person authorized by or designated	2888
by a city health district; a general health district; or a board	2889
of alcohol, drug addiction, and mental health services to perform	2890
the duties of a health officer under this chapter.	2891

(K) "Chief clinical officer" means the medical director of a	2892
hospital, or a community mental health agency, or a board of	2893
alcohol, drug addiction, and mental health services, or, if there	2894
is no medical director, the licensed physician responsible for the	2895
treatment a hospital or community mental health agency provides.	2896
The chief clinical officer may delegate to the attending physician	2897
responsible for a patient's care the duties imposed on the chief	2898
clinical officer by this chapter. Within a community mental health	2899
agency, the chief clinical officer shall be designated by the	2900
governing body of the agency and shall be a licensed physician or	2901
licensed clinical psychologist who supervises diagnostic and	2902
treatment services. A licensed physician or licensed clinical	2903
psychologist designated by the chief clinical officer may perform	2904
the duties and accept the responsibilities of the chief clinical	2905
officer in the chief clinical officer's absence.	2906

(L) "Working day" or "court day" means Monday, Tuesday,	2907
Wednesday, Thursday, and Friday, except when such day is a	2908
holiday.	2909

(M) "Indigent" means unable without deprivation of	2910
satisfaction of basic needs to provide for the payment of an	2911
attorney and other necessary expenses of legal representation,	2912
including expert testimony.	2913

(N) "Respondent" means the person whose detention,	2914
commitment, hospitalization, continued hospitalization or	2915
commitment, or discharge is being sought in any proceeding under	2916
this chapter.	2917

(O) "Ohio protection and advocacy system" has the same	2918
meaning as in section 5123.60 of the Revised Code.	2919

(P) "Independent expert evaluation" means an evaluation	2920
conducted by a licensed clinical psychologist, psychiatrist, or	2921
licensed physician who has been selected by the respondent or the	2922
respondent's counsel and who consents to conducting the	2923
evaluation.	2924

(Q) "Court" means the probate division of the court of common	2925
pleas.	2926

(R) "Expunge" means:

2927

(1) The removal and destruction of court files and records,	2928
originals and copies, and the deletion of all index references;	2929

(2) The reporting to the person of the nature and extent of	2930
any information about the person transmitted to any other person	2931
by the court;	2932

(3) Otherwise insuring that any examination of court files	2933
and records in question shall show no record whatever with respect	2934
to the person;	2935

(4) That all rights and privileges are restored, and that the	2936
person, the court, and any other person may properly reply that no	2937
such record exists, as to any matter expunged.	2938

(S) "Residence" means a person's physical presence in a	2939
county with intent to remain there, except that:	2940

(1) If a person is receiving a mental health service at a	2941
facility that includes nighttime sleeping accommodations,	2942
residence means that county in which the person maintained the	2943
person's primary place of residence at the time the person entered	2944
the facility;	2945

(2) If a person is committed pursuant to section 2945.38,	2946
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	2947
residence means the county where the criminal charges were filed.	2948

When the residence of a person is disputed, the matter of	2949
residence shall be referred to the department of mental health for	2950
investigation and determination. Residence shall not be a basis	2951
for a board's denying services to any person present in the	2952
board's service district, and the board shall provide services for	2953
a person whose residence is in dispute while residence is being	2954
determined and for a person in an emergency situation.	2955

(T) "Admission" to a hospital or other place means that a	2956
patient is accepted for and stays at least one night at the	2957
hospital or other place.	2958

(U) "Prosecutor" means the prosecuting attorney, village	2959
solicitor, city director of law, or similar chief legal officer	2960
who prosecuted a criminal case in which a person was found not	2961
guilty by reason of insanity, who would have had the authority to	2962
prosecute a criminal case against a person if the person had not	2963
been found incompetent to stand trial, or who prosecuted a case in	2964
which a person was found guilty.	2965

(V)(1) "Treatment plan" means a written statement of	2966
reasonable objectives and goals for an individual established by	2967
the treatment team, with specific criteria to evaluate progress	2968
towards achieving those objectives. The	2969

(2) The active participation of the patient in establishing	2970
the objectives and goals shall be documented. The treatment plan	2971
shall be based on patient needs and include services to be	2972
provided to the patient while the patient is hospitalized and,	2973
after the patient is discharged, or in an outpatient setting. The	2974
treatment plan shall address services to be provided upon	2975
discharge, including. The services may include, but are not	2976
limited to housing, financial, and vocational servicesall of the	2977
following:	2978

(a) Community psychiatric supportive treatment;

2979

(b) Assertive community treatment;

2980

(c) Medications;

2981

(d) Individual or group therapy;

2982

(e) Peer support services;

2983

(f) Financial services;

2984

(g) Housing or supervised living services;

2985

(h) Alcohol or substance abuse treatment;

2986

(i) Any other services prescribed to treat the patient's	2987
mental illness and to either assist the patient in living and	2988
functioning in the community or to help prevent a relapse or a	2989
deterioration of the patient's current condition.	2990

(3) If the person subject to the treatment plan has executed	2991
an advanced directive for mental health treatment, the treatment	2992
team shall consider any directions included in such advanced	2993
directive in developing the treatment plan.	2994

(W) "Community control sanction" has the same meaning as in	2995
section 2929.01 of the Revised Code.	2996

(X) "Post-release control sanction" has the same meaning as	2997
in section 2967.01 of the Revised Code.	2998

(Y) "Local correctional facility" has the same meaning as in	2999
division (D)(4) of section 2903.13 of the Revised Code.	3000

Sec. 5122.03.  A patient admitted under section 5122.02 of	3001
the Revised Code who requests release in writing, or whose release	3002
is requested in writing by the patient's counsel, legal guardian,	3003
parent, spouse, or adult next of kin shall be released forthwith,	3004
except that when:	3005

(A) The patient was admitted on the patient's own application	3006
and the request for release is made by a person other than the	3007
patient, release may be conditional upon the agreement of the	3008
patient; or	3009

(B) The chief clinical officer of the hospital, within three	3010
court days from the receipt of the request for release, files or	3011
causes to be filed with the court of the county where the patient	3012
is hospitalized or of the county where the patient is a resident,	3013
an affidavit under section 5122.11 of the Revised Code. Release	3014
may be postponed until the hearing held under section 5122.141 of	3015
the Revised Code. A telephone communication within three court	3016
days from the receipt of the request for release from the chief	3017
clinical officer to the court, indicating that the required	3018
affidavit has been mailed, is sufficient compliance with the time	3019
limit for filing such affidavit.	3020

Unless the patient is released within three days from the	3021
receipt of the request by the chief clinical officer, the request	3022
shall serve as a request for an initial hearing under section	3023
5122.141 of the Revised Code. If the court finds that the patient	3024
is a mentally ill person subject to hospitalization by court	3025
order, all provisions of this chapter with respect to involuntary	3026
hospitalization apply to such person.	3027

Judicial proceedings for hospitalization shall not be	3028
commenced with respect to a voluntary patient except pursuant to	3029
this section.	3030

Sections 5121.30 to 5121.56 of the Revised Code apply to	3031
persons received in a hospital operated by the department of	3032
mental health on a voluntary application.	3033

The chief clinical officer of the hospital shall provide	3034
reasonable means and arrangements for informing patients of their	3035
rights to release as provided in this section and for assisting	3036
them in making and presenting requests for release or for a	3037
hearing under section 5122.141 of the Revised Code.	3038

Before a patient is released from a public hospital, the	3039
chief clinical officer shall, when possible, notify the board of	3040
the patient's county of residence of the patient's pending release	3041
after the chief clinical officer has informed the patient that the	3042
board will be so notified.	3043

Sec. 5122.05.  (A) The chief clinical officer of a hospital	3044
may, and the chief clinical officer of a public hospital in all	3045
cases of psychiatric medical emergencies, shall receive for	3046
observation, diagnosis, care, and treatment any person whose	3047
admission is applied for under any of the following procedures:	3048

(1) Emergency procedure, as provided in section 5122.10 of	3049
the Revised Code;	3050

(2) Judicial procedure as provided in sections 2945.38,	3051
2945.39, 2945.40, 2945.401, 2945.402, and 5122.11 to 5122.15 of	3052
the Revised Code.	3053

Upon application for such admission, the chief clinical	3054
officer of a hospital immediately shall notify the board of the	3055
patient's county of residence. To assist the hospital in	3056
determining whether the patient is subject to involuntary	3057
hospitalization and whether alternative services are available,	3058
the board or an agency the board designates promptly shall assess	3059
the patient unless the board or agency already has performed such	3060
assessment, or unless the commitment is pursuant to section	3061
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3062
Code.	3063

(B) No person who is being treated by spiritual means through	3064
prayer alone, in accordance with a recognized religious method of	3065
healing, may be involuntarily committed unless the court has	3066
determined that the person represents a substantial risk of	3067
impairment or injury to self or others;	3068

(C) Any person who is involuntarily detained in a hospital or	3069
otherwise is in custody under this chapter, immediately upon being	3070
taken into custody, shall be informed and provided with a written	3071
statement that the person may do any of the following:	3072

(1) Immediately make a reasonable number of telephone calls	3073
or use other reasonable means to contact an attorney, a licensed	3074
physician, or a licensed clinical psychologist, to contact any	3075
other person or persons to secure representation by counsel, or to	3076
obtain medical or psychological assistance, and be provided	3077
assistance in making calls if the assistance is needed and	3078
requested;	3079

(2) Retain counsel and have independent expert evaluation of	3080
the person's mental condition and, if the person is unable to	3081
obtain an attorney or independent expert evaluation, be	3082
represented by court-appointed counsel or have independent expert	3083
evaluation of the person's mental condition, or both, at public	3084
expense if the person is indigent;	3085

(3) Have a hearing to determine whether or not the person is	3086
a mentally ill person subject to hospitalization by court order.	3087

Sec. 5122.10.  Any psychiatrist, licensed clinical	3088
psychologist, licensed physician, health officer, parole officer,	3089
police officer, or sheriff may take a person into custody, or the	3090
chief of the adult parole authority or a parole or probation	3091
officer with the approval of the chief of the authority may take a	3092
parolee, an offender under a community control sanction or a	3093
post-release control sanction, or an offender under transitional	3094
control into custody and may immediately transport the parolee,	3095
offender on community control or post-release control, or offender	3096
under transitional control to a hospital or, notwithstanding	3097
section 5119.20 of the Revised Code, to a general hospital not	3098
licensed by the department of mental health where the parolee,	3099
offender on community control or post-release control, or offender	3100
under transitional control may be held for the period prescribed	3101
in this section, if the psychiatrist, licensed clinical	3102
psychologist, licensed physician, health officer, parole officer,	3103
police officer, or sheriff has reason to believe that the person	3104
is a mentally ill person subject to hospitalization by court order	3105
under division (B) of section 5122.01 of the Revised Code, and	3106
represents a substantial risk of physical harm to self or others	3107
if allowed to remain at liberty pending examination.	3108

A written statement shall be given to such hospital by the	3109
transporting psychiatrist, licensed clinical psychologist,	3110
licensed physician, health officer, parole officer, police	3111
officer, chief of the adult parole authority, parole or probation	3112
officer, or sheriff stating the circumstances under which such	3113
person was taken into custody and the reasons for the	3114
psychiatrist's, licensed clinical psychologist's, licensed	3115
physician's, health officer's, parole officer's, police officer's,	3116
chief of the adult parole authority's, parole or probation	3117
officer's, or sheriff's belief. This statement shall be made	3118
available to the respondent or the respondent's attorney upon	3119
request of either.	3120

Every reasonable and appropriate effort shall be made to take	3121
persons into custody in the least conspicuous manner possible. A	3122
person taking the respondent into custody pursuant to this section	3123
shall explain to the respondent: the name, professional	3124
designation, and agency affiliation of the person taking the	3125
respondent into custody; that the custody-taking is not a criminal	3126
arrest; and that the person is being taken for examination by	3127
mental health professionals at a specified mental health facility	3128
identified by name.	3129

If a person taken into custody under this section is	3130
transported to a general hospital, the general hospital may admit	3131
the person, or provide care and treatment for the person, or both,	3132
notwithstanding section 5119.20 of the Revised Code, but by the	3133
end of twenty-four hours after arrival at the general hospital,	3134
the person shall be transferred to a hospital as defined in	3135
section 5122.01 of the Revised Code.	3136

A person transported or transferred to a hospital or	3137
community mental health agency under this section shall be	3138
examined by the staff of the hospital or agency within twenty-four	3139
hours after arrival at the hospital or agency. If to conduct the	3140
examination requires that the person remain overnight, the	3141
hospital or agency shall admit the person in an unclassified	3142
status until making a disposition under this section. After the	3143
examination, if the chief clinical officer of the hospital or	3144
agency believes that the person is not a mentally ill person	3145
subject to hospitalization by court order, the chief clinical	3146
officer shall release or discharge the person immediately unless a	3147
court has issued a temporary order of detention applicable to the	3148
person under section 5122.11 of the Revised Code. After the	3149
examination, if the chief clinical officer believes that the	3150
person is a mentally ill person subject to hospitalization by	3151
court order, the chief clinical officer may detain the person for	3152
not more than three court days following the day of the	3153
examination and during such period admit the person as a voluntary	3154
patient under section 5122.02 of the Revised Code or file an	3155
affidavit under section 5122.11 of the Revised Code. If neither	3156
action is taken and a court has not otherwise issued a temporary	3157
order of detention applicable to the person under section 5122.11	3158
of the Revised Code, the chief clinical officer shall discharge	3159
the person at the end of the three-day period unless the person	3160
has been sentenced to the department of rehabilitation and	3161
correction and has not been released from the person's sentence,	3162
in which case the person shall be returned to that department.	3163

Sec. 5122.11.  Proceedings for the hospitalization of a	3164
personcourt-ordered treatment pursuant to sections 5122.11 to	3165
5122.15 of the Revised Code shall be commenced by the filing of an	3166
affidavit in the manner and form prescribed by the department of	3167
mental health and in a form prescribed in section 5122.111 of the	3168
Revised Code, by any person or persons with the probate court,	3169
either on reliable information or actual knowledge, whichever is	3170
determined to be proper by the court. This section does not apply	3171
to the hospitalization of a person pursuant to section 2945.39,	3172
2945.40, 2945.401, or 2945.402 of the Revised Code.	3173

The affidavit shall contain an allegation setting forth the	3174
specific category or categories under division (B) of section	3175
5122.01 of the Revised Code upon which the jurisdiction of the	3176
court is based and a statement of alleged facts sufficient to	3177
indicate probable cause to believe that the person is a mentally	3178
ill person subject to hospitalization by court order. The	3179
affidavit may be accompanied, or the court may require that the	3180
affidavit be accompanied, by a certificate of a psychiatrist, or a	3181
certificate signed by a licensed clinical psychologist and a	3182
certificate signed by a licensed physician stating that the person	3183
who issued the certificate has examined the person and is of the	3184
opinion that the person is a mentally ill person subject to	3185
hospitalization by court order, or shall be accompanied by a	3186
written statement by the applicant, under oath, that the person	3187
has refused to submit to an examination by a psychiatrist, or by a	3188
licensed clinical psychologist and licensed physician.	3189

Upon receipt of the affidavit, if a judge of the court or a	3190
referee who is an attorney at law appointed by the court has	3191
probable cause to believe that the person named in the affidavit	3192
is a mentally ill person subject to hospitalization by court	3193
order, the judge or referee may issue a temporary order of	3194
detention ordering any health or police officer or sheriff to take	3195
into custody and transport the person to a hospital or other place	3196
designated in section 5122.17 of the Revised Code, or may set the	3197
matter for further hearing.	3198

The person may be observed and treated until the hearing	3199
provided for in section 5122.141 of the Revised Code. If no such	3200
hearing is held, the person may be observed and treated until the	3201
hearing provided for in section 5122.15 of the Revised Code.	3202

Sec. 5122.111.  To initiate proceedings for court-ordered	3203
treatment of a person under section 5122.11 of the Revised Code, a	3204
person or persons shall file an affidavit with the probate court	3205
that is identical in form and content to the following:	3206

AFFIDAVIT OF MENTAL ILLNESS

3207

			3208
The State of Ohio			3209
..................... County,	ss.		3210
..................... Court			3211

.................................................................			3212
the undersigned, residing at			3213
.................................................................			3214
says, that he/she has information to believe or has actual knowledge that			3215
.................................................................			3216

(Please specify specific category(ies) below with an X.)	3217

[ ] Represents a substantial risk of physical harm to self as	3218
manifested by evidence of threats of, or attempts at, suicide or	3219
serious self-inflicted bodily harm;	3220

[ ] Represents a substantial risk of physical harm to others as	3221
manifested by evidence of recent homicidal or other violent	3222
behavior or evidence of recent threats that place another in	3223
reasonable fear of violent behavior and serious physical harm or	3224
other evidence of present dangerousness;	3225

[ ] Represents a substantial and immediate risk of serious	3226
physical impairment or injury to self as manifested by evidence of	3227
being unable to provide for and of not providing for basic	3228
physical needs because of mental illness and that appropriate	3229
provision for such needs cannot be made immediately available in	3230
the community; or	3231

[ ] Would benefit from treatment due to all of the following:	3232

(a) The substantial likelihood that, if the person is not treated,	3233
the person's current condition will further deteriorate to the	3234
point that the person will meet the criteria in one of the three	3235
prior paragraphs.	3236

(b) The person has demonstrated difficulty in adhering to	3237
reasonable and appropriate prescribed treatment.	3238

(c) The likelihood that the person will not voluntarily	3239
participate in treatment despite a risk of serious impairment or	3240
injury to self or others.	3241

.................................................................			3242
(Name of the party filing the affidavit) further says that the facts supporting this belief are as follows:			3243
.................................................................			3244
.................................................................			3245
.................................................................			3246
.................................................................			3247
.................................................................			3248
.................................................................			3249
These facts being sufficient to indicate probable cause that the			3250
above said person is a mentally ill person subject to			3251
court order.			3252

Name of Patient's Last Physician or Licensed Clinical Psychologist			3253
.................................................................			3254
Address of Patient's Last Physician or Licensed Clinical Psychologist			3255
.................................................................			3256
.................................................................			3257

The name and address of respondent's legal guardian, spouse, and	3258
adult next of kin are:	3259

Name		Kinship		Address		3260
						3261
		Legal Guardian				3262
						3263
						3264
		Spouse				3265
						3266
						3267
		Adult Next of Kin				3268
						3269
						3270
		Adult Next of Kin				3271
						3272

The following constitutes additional information that may be			3273
necessary for the purpose of determining residence:			3274
.................................................................			3275
.................................................................			3276
.................................................................			3277
.................................................................			3278
.................................................................			3279

Dated this ............. day of ..............., 20...	3280

			3281
	Signature of the party filing the affidavit		3282

Sworn to before me and signed in my presence on the day and year	3283
above dated.	3284

			3285
	Signature of Probate Judge		3286

			3287
	Signature of Deputy Clerk		3288

WAIVER	3289

I, the undersigned party filing the affidavit hereby waive the	3290
issuing and service of notice of the hearing on said affidavit,	3291
and voluntarily enter my appearance herein.	3292

Dated this ............. day of ..............., 20...	3293

			3294
	Signature of the party filing the affidavit		3295

Sec. 5122.13.  Upon receipt of the affidavit required by	3297
section 5122.11 of the Revised Code, the probate court shall refer	3298
the affidavit to the board of alcohol, drug addiction, and mental	3299
health services or an agency the board designates to assist the	3300
court in determining whether the respondent is subject to	3301
hospitalization and whether alternative services including	3302
outpatient treatment are available, unless the agency or board has	3303
already performed such screening. The board or agency shall review	3304
the allegations of the affidavit and other information relating to	3305
whether or not the person named in the affidavit or statement is a	3306
mentally ill person subject to hospitalization by court order,	3307
and the availability of appropriate treatment alternatives.	3308

The person who conducts the investigation shall promptly make	3309
a report to the court, in writing, in open court or in chambers,	3310
as directed by the court and a full record of the report shall be	3311
made by the court. The report is not admissible as evidence for	3312
the purpose of establishing whether or not the respondent is a	3313
mentally ill person subject to hospitalization by court order, but	3314
shall be considered by the court in its determination of an	3315
appropriate placement for any person after that person is found to	3316
be a mentally ill person subject to hospitalizationcourt order.	3317

The court, prior to the hearing under section 5122.141 of the	3318
Revised Code, shall release a copy of the investigative report to	3319
the respondent's counsel.	3320

Nothing in this section precludes a judge or referee from	3321
issuing a temporary order of detention pursuant to section 5122.11	3322
of the Revised Code.	3323

Sec. 5122.141.  (A) A respondent who is involuntarily placed	3324
in a hospital or other place as designated in section 5122.10 or	3325
5122.17 of the Revised Code, or with respect to whom proceedings	3326
have been instituted under section 5122.11 of the Revised Code,	3327
shall be afforded a hearing to determine whether or not the	3328
respondent is a mentally ill person subject to hospitalization by	3329
court order. The hearing shall be conducted pursuant to section	3330
5122.15 of the Revised Code.	3331

(B) The hearing shall be conducted within five court days	3332
from the day on which the respondent is detained or an affidavit	3333
is filed, whichever occurs first, in a physical setting not likely	3334
to have a harmful effect on the respondent, and may be conducted	3335
in a hospital in or out of the county. On the motion of the	3336
respondent, histhe respondent's counsel, the chief clinical	3337
officer, or on its own motion, and for good cause shown, the court	3338
may order a continuance of the hearing. The continuance may be for	3339
no more than ten days from the day on which the respondent is	3340
detained or on which an affidavit is filed, whichever occurs	3341
first. Failure to conduct the hearing within this time shall	3342
effect an immediate discharge of the respondent. If the	3343
proceedings are not reinstituted within thirty days, all records	3344
of the proceedings shall be expunged.	3345

(C) If the court does not find that the respondent is a	3346
mentally ill person subject to hospitalization by court order, it	3347
shall order histhe respondent's immediate discharge, and shall	3348
expunge all record of the proceedings during this period.	3349

(D) If the court finds that the respondent is a mentally ill	3350
person subject to hospitalization by court order, the court may	3351
issue an interim order of detention ordering any health or police	3352
officer or sheriff to take into custody and transport such person	3353
to a hospital or other place designated in section 5122.17 of the	3354
Revised Code, where the respondent may be observed and treated.	3355

(E) A respondent or hisa respondent's counsel, after	3356
obtaining the consent of the respondent, may waive the hearing	3357
provided for in this section. In such case, unless the person has	3358
been discharged, a mandatory full hearing shall be held by the	3359
thirtieth day after the original involuntary detention of the	3360
respondent. Failure to conduct the mandatory full hearing within	3361
this time limit shall result in the immediate discharge of the	3362
respondent.	3363

(F) Where possible, the initial hearing shall be held before	3364
the respondent is taken into custody.	3365

Sec. 5122.15.  (A) Full hearings shall be conducted in a	3366
manner consistent with this chapter and with due process of law.	3367
The hearings shall be conducted by a judge of the probate court or	3368
a referee designated by a judge of the probate court and may be	3369
conducted in or out of the county in which the respondent is held.	3370
Any referee designated under this division shall be an attorney.	3371

(1) With the consent of the respondent, the following shall	3372
be made available to counsel for the respondent:	3373

(a) All relevant documents, information, and evidence in the	3374
custody or control of the state or prosecutor;	3375

(b) All relevant documents, information, and evidence in the	3376
custody or control of the hospital in which the respondent	3377
currently is held, or in which the respondent has been held	3378
pursuant to this chapter;	3379

(c) All relevant documents, information, and evidence in the	3380
custody or control of any hospital, facility, or person not	3381
included in division (A)(1)(a) or (b) of this section.	3382

(2) The respondent has the right to attend the hearing and to	3383
be represented by counsel of the respondent's choice. The right to	3384
attend the hearing may be waived only by the respondent or counsel	3385
for the respondent after consultation with the respondent.	3386

(3) If the respondent is not represented by counsel, is	3387
absent from the hearing, and has not validly waived the right to	3388
counsel, the court shall appoint counsel immediately to represent	3389
the respondent at the hearing, reserving the right to tax costs of	3390
appointed counsel to the respondent, unless it is shown that the	3391
respondent is indigent. If the court appoints counsel, or if the	3392
court determines that the evidence relevant to the respondent's	3393
absence does not justify the absence, the court shall continue the	3394
case.	3395

(4) The respondent shall be informed that the respondent may	3396
retain counsel and have independent expert evaluation. If the	3397
respondent is unable to obtain an attorney, the respondent shall	3398
be represented by court-appointed counsel. If the respondent is	3399
indigent, court-appointed counsel and independent expert	3400
evaluation shall be provided as an expense under section 5122.43	3401
of the Revised Code.	3402

(5) The hearing shall be closed to the public, unless counsel	3403
for the respondent, with the permission of the respondent,	3404
requests that the hearing be open to the public.	3405

(6) If the hearing is closed to the public, the court, for	3406
good cause shown, may admit persons who have a legitimate interest	3407
in the proceedings. If the respondent, the respondent's counsel,	3408
the designee of the director or of the chief clinical officer	3409
objects to the admission of any person, the court shall hear the	3410
objection and any opposing argument and shall rule upon the	3411
admission of the person to the hearing.	3412

(7) The affiant under section 5122.11 of the Revised Code	3413
shall be subject to subpoena by either party.	3414

(8) The court shall examine the sufficiency of all documents	3415
filed and shall inform the respondent, if present, and the	3416
respondent's counsel of the nature and content of the documents	3417
and the reason for which the respondent is being detained, or for	3418
which the respondent's placement is being sought.	3419

(9) The court shall receive only reliable, competent, and	3420
material evidence.	3421

(10) Unless proceedings are initiated pursuant to section	3422
5120.17 or 5139.08 of the Revised Code or proceedings are	3423
initiated regarding a resident of the service district of a board	3424
of alcohol, drug addiction, and mental health services that elects	3425
under division (C)(2) of section 5119.62 of the Revised Code not	3426
to accept the amount allocated to it under that section, an	3427
attorney that the board designates shall present the case	3428
demonstrating that the respondent is a mentally ill person subject	3429
to hospitalization by court order. The attorney shall offer	3430
evidence of the diagnosis, prognosis, record of treatment, if any,	3431
and less restrictive treatment plans, if any. In proceedings	3432
pursuant to section 5120.17 or 5139.08 of the Revised Code and in	3433
proceedings in which the respondent is a resident of a service	3434
district of a board that elects under division (C)(2) of section	3435
5119.62 of the Revised Code not to accept the amount allocated to	3436
it under that section, the attorney general shall designate an	3437
attorney who shall present the case demonstrating that the	3438
respondent is a mentally ill person subject to hospitalization by	3439
court order. The attorney shall offer evidence of the diagnosis,	3440
prognosis, record of treatment, if any, and less restrictive	3441
treatment plans, if any.	3442

(11) The respondent or the respondent's counsel has the right	3443
to subpoena witnesses and documents and to examine and	3444
cross-examine witnesses.	3445

(12) The respondent has the right, but shall not be	3446
compelled, to testify, and shall be so advised by the court.	3447

(13) On motion of the respondent or the respondent's counsel	3448
for good cause shown, or on the court's own motion, the court may	3449
order a continuance of the hearing.	3450

(14) If the respondent is represented by counsel and the	3451
respondent's counsel requests a transcript and record, or if the	3452
respondent is not represented by counsel, the court shall make and	3453
maintain a full transcript and record of the proceeding. If the	3454
respondent is indigent and the transcript and record is made, a	3455
copy shall be provided to the respondent upon request and be	3456
treated as an expense under section 5122.43 of the Revised Code.	3457

(15) To the extent not inconsistent with this chapter, the	3458
Rules of Civil Procedure are applicable.	3459

(B) Unless, upon completion of the hearing the court finds by	3460
clear and convincing evidence that the respondent is a mentally	3461
ill person subject to hospitalization by court order, it shall	3462
order the respondent's discharge immediately.	3463

(C) If, upon completion of the hearing, the court finds by	3464
clear and convincing evidence that the respondent is a mentally	3465
ill person subject to hospitalization by court order, the court	3466
shall order the respondent for a period not to exceed ninety days	3467
to any of the following:	3468

(1) A hospital operated by the department of mental health if	3469
the respondent is committed pursuant to section 5139.08 of the	3470
Revised Code;	3471

(2) A nonpublic hospital;

3472

(3) The veterans' administration or other agency of the	3473
United States government;	3474

(4) A board of alcohol, drug addiction, and mental health	3475
services or agency the board designates;	3476

(5) Receive private psychiatric or psychological care and	3477
treatment;	3478

(6) Any other suitable facility or person consistent with the	3479
diagnosis, prognosis, and treatment needs of the respondent. A	3480
jail or other local correctional facility is not a suitable	3481
facility.	3482

(D) Any order made pursuant to division (C)(2), (3), (5), or	3483
(6) of this section shall be conditioned upon the receipt by the	3484
court of consent by the hospital, facility, agency, or person to	3485
accept the respondent.	3486

(E) In determining the place to which, or the person, board,	3487
or agency with whom, the respondent is to be committed under	3488
division (C) of this section, the court shall consider the	3489
diagnosis, prognosis, preferences of the respondent and the	3490
projected treatment plan for the respondent and shall order the	3491
implementation of the least restrictive alternative available and	3492
consistent with treatment goals. If the court determines that the	3493
least restrictive alternative available that is consistent with	3494
treatment goals is inpatient hospitalization, the court's order	3495
shall so state.	3496

(F) During suchthe ninety-day period the hospital; facility;	3497
board of alcohol, drug addiction, and mental health services;	3498
agency the board designates; or person shall examine and treat the	3499
individual. If the individual is receiving treatment in an	3500
outpatient setting, or receives treatment in an outpatient setting	3501
during a subsequent period of continued commitment under division	3502
(H) of this section, the board, agency, or person to whom the	3503
individual is committed shall determine the appropriate outpatient	3504
treatment for the individual. If, at any time prior to the	3505
expiration of the ninety-day period, it is determined by the	3506
hospital, facility, board, agency, or person that the respondent's	3507
treatment needs could be equally well met in an available and	3508
appropriate less restrictive environmentsetting, both of the	3509
following apply:	3510

(1) The respondent shall be released from the care of the	3511
hospital, board, agency, facility, or person immediately and shall	3512
be referred to the court together with a report of the findings	3513
and recommendations of the hospital, board, agency, facility, or	3514
person; and	3515

(2) The hospital, board, agency, facility, or person shall	3516
notify the respondent's counsel or the attorney designated by a	3517
board of alcohol, drug addiction, and mental health services or,	3518
if the respondent was committed to a board or an agency designated	3519
by the board, it shall place the respondent in the least	3520
restrictive environmentsetting available consistent with	3521
treatment goals and notify the court and the respondent's counsel	3522
of the placement.	3523

The court shall dismiss the case or order placement in the	3524
least restrictive environmentsetting.	3525

(G)(1) Except as provided in divisions (G)(2) and (3) of this	3526
section, any person who has been committed under this section, or	3527
for whom proceedings for hospitalizationtreatment have been	3528
commenced pursuant to section 5122.11 of the Revised Code, may	3529
apply at any time for voluntary admission or commitment to the	3530
hospital, facility, agency,that the board designates, or person	3531
to which the person was committed. Upon admission as a voluntary	3532
patient the chief clinical officer of the hospital, agency, or	3533
other facility, or the person immediately shall notify the court,	3534
the patient's counsel, and the attorney designated by the board,	3535
if the attorney has entered the proceedings, in writing of that	3536
fact, and, upon receipt of the notice, the court shall dismiss the	3537
case.	3538

(2) A person who is found incompetent to stand trial or not	3539
guilty by reason of insanity and who is committed pursuant to	3540
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3541
Code shall not voluntarily commit the person pursuant to this	3542
section until after the final termination of the commitment, as	3543
described in division (J) of section 2945.401 of the Revised Code.	3544

(H) If, at the end of the first ninety-day period or any	3545
subsequent period of continued commitment, there has been no	3546
disposition of the case, either by discharge or voluntary	3547
admission or commitment, the hospital, facility, board, agency, or	3548
person shall discharge the patient immediately, unless at least	3549
ten days before the expiration of the period the attorney the	3550
board designates or the prosecutor files with the court an	3551
application for continued commitment. The application of the	3552
attorney or the prosecutor shall include a written report	3553
containing the diagnosis, prognosis, past treatment, a list of	3554
alternative treatment settings and plans, and identification of	3555
the treatment setting that is the least restrictive consistent	3556
with treatment needs. The attorney the board designates or the	3557
prosecutor shall file the written report at least three days prior	3558
to the full hearing. A copy of the application and written report	3559
shall be provided to the respondent's counsel immediately.	3560

The court shall hold a full hearing on applications for	3561
continued commitment at the expiration of the first ninety-day	3562
period and at least every two years after the expiration of the	3563
first ninety-day period.	3564

Hearings following any application for continued commitment	3565
are mandatory and may not be waived.	3566

Upon request of a person who is involuntarily committed under	3567
this section, or the person's counsel, that is made more than one	3568
hundred eighty days after the person's last full hearing,	3569
mandatory or requested, the court shall hold a full hearing on the	3570
person's continued commitment. Upon the application of a person	3571
involuntarily committed under this section, supported by an	3572
affidavit of a psychiatrist or licensed clinical psychologist,	3573
alleging that the person no longer is a mentally ill person	3574
subject to hospitalization by court order, the court for good	3575
cause shown may hold a full hearing on the person's continued	3576
commitment prior to the expiration of one hundred eighty days	3577
after the person's last full hearing. Section 5122.12 of the	3578
Revised Code applies to all hearings on continued commitment.	3579

If the court, after a hearing for continued commitment finds	3580
by clear and convincing evidence that the respondent is a mentally	3581
ill person subject to hospitalization by court order, the court	3582
may order continued commitment at places or to persons specified	3583
in division (C) of this section.	3584

(I) Unless the admission is pursuant to section 5120.17 or	3585
5139.08 of the Revised Code, the chief clinical officer of the	3586
hospital or agency admitting a respondent pursuant to a judicial	3587
proceeding, within ten working days of the admission, shall make a	3588
report of the admission to the board of alcohol, drug addiction,	3589
and mental health services serving the respondent's county of	3590
residence.	3591

(J) A referee appointed by the court may make all orders that	3592
a judge may make under this section and sections 5122.11 and	3593
5122.141 of the Revised Code, except an order of contempt of	3594
court. The orders of a referee take effect immediately. Within	3595
fourteen days of the making of an order by a referee, a party may	3596
file written objections to the order with the court. The filed	3597
objections shall be considered a motion, shall be specific, and	3598
shall state their grounds with particularity. Within ten days of	3599
the filing of the objections, a judge of the court shall hold a	3600
hearing on the objections and may hear and consider any testimony	3601
or other evidence relating to the respondent's mental condition.	3602
At the conclusion of the hearing, the judge may ratify, rescind,	3603
or modify the referee's order.	3604

(K) An order of the court under division (C), (H), or (J) of	3605
this section is a final order.	3606

(L) Before a board, or an agency the board designates, may	3607
place an unconsenting respondent in an inpatient setting from a	3608
less restrictive placement, the board or agency shall do all of	3609
the following:	3610

(1) Determine that the respondent is in immediate need of	3611
treatment in an inpatient setting because the respondent	3612
represents a substantial risk of physical harm to the respondent	3613
or others if allowed to remain in a less restrictive setting;	3614

(2) On the day of placement in the inpatient setting or on	3615
the next court day, file with the court a motion for transfer to	3616
an inpatient setting or communicate to the court by telephone that	3617
the required motion has been mailed;	3618

(3) Ensure that every reasonable and appropriate effort is	3619
made to take the respondent to the inpatient setting in the least	3620
conspicuous manner possible;	3621

(4) Immediately notify the board's designated attorney and	3622
the respondent's attorney.	3623

At the respondent's request, the court shall hold a hearing	3624
on the motion and make a determination pursuant to division (E) of	3625
this section within five days of the placement.	3626

(M) Before a board, or an agency the board designates, may	3627
move a respondent from one residential placement to another, the	3628
board or agency shall consult with the respondent about the	3629
placement. If the respondent objects to the placement, the	3630
proposed placement and the need for it shall be reviewed by a	3631
qualified mental health professional who otherwise is not involved	3632
in the treatment of the respondent.	3633

Sec. 5122.19.  Every person transported to a hospital or	3634
community mental health agency pursuant to sections 5122.11 to	3635
5122.16 of the Revised Code, shall be examined by the staff of the	3636
hospital or agency as soon as practicable after his arrival at the	3637
hospital or agency. Such an examination shall be held within	3638
twenty-four hours after the time of arrival, and if the chief	3639
clinical officer fails after such an examination to certify that	3640
in histhe chief clinical officer's opinion the person is a	3641
mentally ill person subject to hospitalization by court order, the	3642
person shall be immediately released.	3643

Sec. 5122.21.  (A) The chief clinical officer shall as	3644
frequently as practicable, and at least once every thirty days,	3645
examine or cause to be examined every patient, and, whenever the	3646
chief clinical officer determines that the conditions justifying	3647
involuntary hospitalization or commitment no longer obtain, shall	3648
discharge the patient not under indictment or conviction for crime	3649
and immediately make a report of the discharge to the department	3650
of mental health. The chief clinical officer may discharge a	3651
patient who is under an indictment, a sentence of imprisonment, a	3652
community control sanction, or a post-release control sanction or	3653
on parole ten days after written notice of intent to discharge the	3654
patient has been given by personal service or certified mail,	3655
return receipt requested, to the court having criminal	3656
jurisdiction over the patient. Except when the patient was found	3657
not guilty by reason of insanity and the defendant's commitment is	3658
pursuant to section 2945.40 of the Revised Code, the chief	3659
clinical officer has final authority to discharge a patient who is	3660
under an indictment, a sentence of imprisonment, a community	3661
control sanction, or a post-release control sanction or on parole.	3662

(B) After a finding pursuant to section 5122.15 of the	3663
Revised Code that a person is a mentally ill person subject to	3664
hospitalization by court order, the chief clinical officer of the	3665
hospital or agency to which the person is ordered or to which the	3666
person is transferred under section 5122.20 of the Revised Code,	3667
may grant a discharge without the consent or authorization of any	3668
court.	3669

Upon discharge from a hospital, the chief clinical officer	3670
shall notify the court that caused the judicial hospitalization of	3671
the discharge from the hospital.	3672

Sec. 5122.27.  The chief clinical officer of the hospital or	3673
the chief clinical officer's designee shall assure that all	3674
patients hospitalized or committed pursuant to this chapter shall:	3675

(A) Receive, within twenty days of their admission sufficient	3676
professional care to assure that an evaluation of current status,	3677
differential diagnosis, probable prognosis, and description of the	3678
current treatment plan is stated on the official chart;	3679

(B) Have a written treatment plan consistent with the	3680
evaluation, diagnosis, prognosis, and goals which shall be	3681
provided, upon request of the patient or patient's counsel, to the	3682
patient's counsel and to any private physician or licensed	3683
clinical psychologist designated by the patient or the patient's	3684
counsel or to the Ohio protection and advocacy system;	3685

(C) Receive treatment consistent with the treatment plan. The	3686
department of mental health shall set standards for treatment	3687
provided to such patients, consistent wherever possible with	3688
standards set by the joint commission on accreditation of	3689
healthcare organizations.	3690

(D) Receive periodic reevaluations of the treatment plan by	3691
the professional staff at intervals not to exceed ninety days;	3692

(E) Be provided with adequate medical treatment for physical	3693
disease or injury;	3694

(F) Receive humane care and treatment, including without	3695
limitation, the following:	3696

(1) The least restrictive environment consistent with the	3697
treatment plan;	3698

(2) The necessary facilities and personnel required by the	3699
treatment plan;	3700

(3) A humane psychological and physical environment;

3701

(4) The right to obtain current information concerning the	3702
patient's treatment program and expectations in terms that the	3703
patient can reasonably understand;	3704

(5) Participation in programs designed to afford the patient	3705
substantial opportunity to acquire skills to facilitate return to	3706
the community or to terminate an involuntary commitment;	3707

(6) The right to be free from unnecessary or excessive	3708
medication;	3709

(7) Freedom from restraints or isolation unless it is stated	3710
in a written order by the chief clinical officer or the chief	3711
clinical officer's designee, or the patient's individual physician	3712
or psychologist in a private or general hospital.	3713

If the chief clinical officer of the hospital is unable to	3714
provide the treatment required by divisions (C), (E), and (F) of	3715
this section for any patient hospitalized pursuant to Chapter	3716
5122. of the Revised Code, the chief clinical officer shall	3717
immediately notify the patient, the court, the Ohio protection and	3718
advocacy system, the director of mental health, and the patient's	3719
counsel and legal guardian, if known. If within ten days after	3720
receipt of such notification by the director, the director is	3721
unable to effect a transfer of the patient, pursuant to section	3722
5122.20 of the Revised Code, to a hospital, community mental	3723
health agency, or other medical facility where treatment is	3724
available, or has not received an order of the court to the	3725
contrary, the involuntary commitment of any patient hospitalized	3726
pursuant to Chapter 5122. of the Revised Code and defined as a	3727
mentally ill person subject to hospitalization by court order	3728
under division (B)(4) of section 5122.01 of the Revised Code shall	3729
automatically be terminated.	3730

Sec. 5122.30.  Any person detained pursuant to this chapter	3731
or section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	3732
Code shall be entitled to the writ of habeas corpus upon proper	3733
petition by self or by a friend to any court generally empowered	3734
to issue the writ of habeas corpus in the county in which the	3735
person is detained.	3736

No person may bring a petition for a writ of habeas corpus	3737
that alleges that a person involuntarily detained pursuant to this	3738
chapter no longer is a mentally ill person subject to	3739
hospitalization by court order unless the person shows that the	3740
release procedures of division (H) of section 5122.15 of the	3741
Revised Code are inadequate or unavailable.	3742

Sec. 5122.31.  (A) All certificates, applications, records,	3743
and reports made for the purpose of this chapter and sections	3744
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	3745
Code, other than court journal entries or court docket entries,	3746
and directly or indirectly identifying a patient or former patient	3747
or person whose hospitalization or commitment has been sought	3748
under this chapter, shall be kept confidential and shall not be	3749
disclosed by any person except:	3750

(1) If the person identified, or the person's legal guardian,	3751
if any, or if the person is a minor, the person's parent or legal	3752
guardian, consents, and if the disclosure is in the best interests	3753
of the person, as may be determined by the court for judicial	3754
records and by the chief clinical officer for medical records;	3755

(2) When disclosure is provided for in this chapter or	3756
section 5123.601 of the Revised Code;	3757

(3) That hospitals, boards of alcohol, drug addiction, and	3758
mental health services, and community mental health agencies may	3759
release necessary medical information to insurers and other	3760
third-party payers, including government entities responsible for	3761
processing and authorizing payment, to obtain payment for goods	3762
and services furnished to the patient;	3763

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

3764

(5) That a patient shall be granted access to the patient's	3765
own psychiatric and medical records, unless access specifically is	3766
restricted in a patient's treatment plan for clear treatment	3767
reasons;	3768

(6) That hospitals and other institutions and facilities	3769
within the department of mental health may exchange psychiatric	3770
records and other pertinent information with other hospitals,	3771
institutions, and facilities of the department, and with community	3772
mental health agencies and boards of alcohol, drug addiction, and	3773
mental health services with which the department has a current	3774
agreement for patient care or services. Records and information	3775
that may be released pursuant to this division shall be limited to	3776
medication history, physical health status and history, financial	3777
status, summary of course of treatment in the hospital, summary of	3778
treatment needs, and a discharge summary, if any.	3779

(7) That hospitals within the department, other institutions	3780
and facilities within the department, hospitals licensed by the	3781
department under section 5119.20 of the Revised Code, and	3782
community mental health agencies may exchange psychiatric records	3783
and other pertinent information with payers and other providers of	3784
treatment and health services if the purpose of the exchange is to	3785
facilitate continuity of care for a patient;	3786

(8) That a patient's family member who is involved in the	3787
provision, planning, and monitoring of services to the patient may	3788
receive medication information, a summary of the patient's	3789
diagnosis and prognosis, and a list of the services and personnel	3790
available to assist the patient and the patient's family, if the	3791
patient's treating physician determines that the disclosure would	3792
be in the best interests of the patient. No such disclosure shall	3793
be made unless the patient is notified first and receives the	3794
information and does not object to the disclosure.	3795

(9) That community mental health agencies may exchange	3796
psychiatric records and certain other information with the board	3797
of alcohol, drug addiction, and mental health services and other	3798
agencies in order to provide services to a person involuntarily	3799
committed to a board. Release of records under this division shall	3800
be limited to medication history, physical health status and	3801
history, financial status, summary of course of treatment, summary	3802
of treatment needs, and discharge summary, if any.	3803

(10) That information may be disclosed to the executor or the	3804
administrator of an estate of a deceased patient when the	3805
information is necessary to administer the estate;	3806

(11) That records in the possession of the Ohio historical	3807
society may be released to the closest living relative of a	3808
deceased patient upon request of that relative;	3809

(12) That information may be disclosed to staff members of	3810
the appropriate board or to staff members designated by the	3811
director of mental health for the purpose of evaluating the	3812
quality, effectiveness, and efficiency of services and determining	3813
if the services meet minimum standards. Information obtained	3814
during such evaluations shall not be retained with the name of any	3815
patient.	3816

(13) That records pertaining to the patient's diagnosis,	3817
course of treatment, treatment needs, and prognosis shall be	3818
disclosed and released to the appropriate prosecuting attorney if	3819
the patient was committed pursuant to section 2945.38, 2945.39,	3820
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	3821
attorney designated by the board for proceedings pursuant to	3822
involuntary commitment under this chapter.	3823

(14) That the department of mental health may exchange	3824
psychiatric hospitalization records, other mental health treatment	3825
records, and other pertinent information with the department of	3826
rehabilitation and correction to ensure continuity of care for	3827
inmates who are receiving mental health services in an institution	3828
of the department of rehabilitation and correction. The department	3829
shall not disclose those records unless the inmate is notified,	3830
receives the information, and does not object to the disclosure.	3831
The release of records under this division is limited to records	3832
regarding an inmate's medication history, physical health status	3833
and history, summary of course of treatment, summary of treatment	3834
needs, and a discharge summary, if any.	3835

(15) That a community mental health agency that ceases to	3836
operate may transfer to either a community mental health agency	3837
that assumes its caseload or to the board of alcohol, drug	3838
addiction, and mental health services of the service district in	3839
which the patient resided at the time services were most recently	3840
provided any treatment records that have not been transferred	3841
elsewhere at the patient's request.	3842

(B) Before records are disclosed pursuant to divisions	3843
(A)(3), (6), and (9) of this section, the custodian of the records	3844
shall attempt to obtain the patient's consent for the disclosure.	3845
No person shall reveal the contents of a medical record of a	3846
patient except as authorized by law.	3847

(C) The managing officer of a hospital who releases necessary	3848
medical information under division (A)(3) of this section to allow	3849
an insurance carrier or other third party payor to comply with	3850
section 5121.43 of the Revised Code shall neither be subject to	3851
criminal nor civil liability.	3852

Sec. 5122.311. (A) Notwithstanding any provision of the	3853
Revised Code to the contrary, if, on or after the effective date	3854
of this sectionApril 8, 2004, an individual is found by a court	3855
to be a mentally ill person subject to hospitalization by court	3856
order or becomes an involuntary patient other than one who is a	3857
patient only for purposes of observation, the probate judge who	3858
made the adjudication or the chief clinical officer of the	3859
hospital, agency, or facility in which the person is an	3860
involuntary patient shall notify the bureau of criminal	3861
identification and investigation, on the form described in	3862
division (C) of this section, of the identity of the individual.	3863
The notification shall be transmitted by the judge or the chief	3864
clinical officer not later than seven days after the adjudication	3865
or commitment.	3866

(B) The bureau of criminal identification and investigation	3867
shall compile and maintain the notices it receives under division	3868
(A) of this section and shall use them for the purpose of	3869
conducting incompetency records checks pursuant to section 311.41	3870
of the Revised Code. The notices and the information they contain	3871
are confidential, except as provided in this division, and are not	3872
public records.	3873

(C) The attorney general, by rule adopted under Chapter 119.	3874
of the Revised Code, shall prescribe and make available to all	3875
probate judges and all chief clinical officers a form to be used	3876
by them for the purpose of making the notifications required by	3877
division (A) of this section.	3878

Sec. 5139.54.  (A) Notwithstanding any other provision for	3879
determining when a child shall be released or discharged from the	3880
legal custody of the department of youth services, including	3881
jurisdictional provisions in section 2152.22 of the Revised Code,	3882
the release authority, for medical reasons, may release a child	3883
upon supervised release or discharge the child from the custody of	3884
the department when any of the following applies:	3885

(1) The child is terminally ill or otherwise in imminent	3886
danger of death.	3887

(2) The child is incapacitated due to injury, disease,	3888
illness, or other medical condition and is no longer a threat to	3889
public safety.	3890

(3) The child appears to be a mentally ill person subject to	3891
hospitalization by court order, as defined in section 5122.01 of	3892
the Revised Code, or a mentally retarded person subject to	3893
institutionalization by court order, as defined in section 5123.01	3894
of the Revised Code.	3895

(B) When considering whether to release or discharge a child	3896
under this section for medical reasons, the release authority may	3897
request additional medical information about the child or may ask	3898
the department to conduct additional medical examinations.	3899

(C) The release authority shall determine the appropriate	3900
level of supervised release for a child released under this	3901
section. The terms and conditions of the release may require	3902
periodic medical reevaluations as appropriate. Upon granting a	3903
release or discharge under this section, the release authority	3904
shall give notice of the release and its terms and conditions or	3905
of the discharge to the court that committed the child to the	3906
custody of the department.	3907

(D) The release authority shall submit annually to the	3908
director of youth services a report that includes all of the	3909
following information for the previous calendar year:	3910

(1) The number of children the release authority considered	3911
for medical release or discharge;	3912

(2) The nature of the injury, disease, illness, or other	3913
medical condition of each child considered for medical release or	3914
discharge;	3915

(3) The decision made by the release authority for each	3916
child, including the reasons for denying medical release or	3917
discharge or for granting it;	3918

(4) The number of children on medical release who were	3919
returned to a secure facility or whose supervised release was	3920
revoked.	3921

Sec. 5305.22.  (A) Any real estate or interest in real estate	3922
coming to a person by purchase, inheritance, or otherwise, after	3923
the spouse of the person is adjudged a mentally ill person	3924
subject to hospitalization by court order and admitted to either a	3925
hospital for persons with mental illness in this or any other	3926
state of the United States or the psychiatric department of any	3927
hospital of the United States, may be conveyed by the person while	3928
the person's spouse who is a mentally ill person subject to	3929
hospitalization by court order remains a patient of that hospital,	3930
free and clear from any dower right or expectancy of the person's	3931
spouse who is a mentally ill person subject to hospitalization by	3932
court order. Dower shall not attach to any real estate so acquired	3933
and conveyed during the time described in this section in favor of	3934
such spouse who is a mentally ill person subject to	3935
hospitalization by court order. The indorsement upon the	3936
instrument of conveyance, by the superintendent of the hospital to	3937
which the spouse was admitted, that the spouse of the person	3938
conveying the real estate is a mentally ill person subject to	3939
hospitalization by court order who has been admitted to that	3940
hospital, stating when received in that hospital and signed	3941
officially by the superintendent, shall be sufficient evidence of	3942
the fact that the spouse of the person conveying the real estate	3943
is a mentally ill person subject to hospitalization by court	3944
order. This indorsement shall be a part of the instrument of	3945
conveyance.	3946

(B) As used in this section, "mentally ill person subject to	3947
hospitalization by court order" has the same meaning as in section	3948
5122.01 of the Revised Code.	3949

Sec. 5907.06.  (A) A mentally ill person subject to	3950
hospitalization by court order whose mental condition causes the	3951
person to be dangerous to the community shall not be admitted to a	3952
veterans' home. If a mentally ill person subject to	3953
hospitalization by court order, through misrepresentation as to	3954
the person's condition, is sent to a home, the person shall be	3955
returned to, and the expense of the return shall be borne by, the	3956
county from which the person came.	3957

(B) As used in this section, "mentally ill person subject to	3958
hospitalization by court order" has the same meaning as in section	3959
5122.01 of the Revised Code.	3960

Sec. 5907.09.  (A) When the affidavit referred to in section	3961
5907.08 of the Revised Code is filed, the probate judge shall	3962
forthwith determine whether the resident is a mentally ill person	3963
subject to hospitalization by court order. Insofar as applicable,	3964
the laws governing in cases of admission to a state hospital for	3965
persons with mental illness shall apply. The probate judge shall	3966
have the same authority, and may receive and order paid the same	3967
fees and costs, as the probate judge would have in the county in	3968
which the veteran was a resident at the time of entering the	3969
veterans' home.	3970

(B) As used in this section, "mentally ill person subject to	3971
hospitalization by court order" has the same meaning as in section	3972
5122.01 of the Revised Code.	3973

Section 2.  That existing sections 2151.011, 2151.23,	3974
2923.125, 2923.1213, 2923.13, 2945.37, 2945.38, 2945.39, 2945.40,	3975
2945.401, 2967.22, 5119.23, 5120.17, 5122.01, 5122.03, 5122.05,	3976
5122.10, 5122.11, 5122.13, 5122.141, 5122.15, 5122.19, 5122.21,	3977
5122.27, 5122.30, 5122.31, 5122.311, 5139.54, 5305.22, 5907.06,	3978
and 5907.09 of the Revised Code are hereby repealed.	3979

Section 3.  That the version of section 2151.011 of the	3980
Revised Code that is scheduled to take effect on January 1, 2014,	3981
be amended to read as follows:	3982

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

3983

(1) "Juvenile court" means whichever of the following is	3984
applicable that has jurisdiction under this chapter and Chapter	3985
2152. of the Revised Code:	3986

(a) The division of the court of common pleas specified in	3987
section 2101.022 or 2301.03 of the Revised Code as having	3988
jurisdiction under this chapter and Chapter 2152. of the Revised	3989
Code or as being the juvenile division or the juvenile division	3990
combined with one or more other divisions;	3991

(b) The juvenile court of Cuyahoga county or Hamilton county	3992
that is separately and independently created by section 2151.08 or	3993
Chapter 2153. of the Revised Code and that has jurisdiction under	3994
this chapter and Chapter 2152. of the Revised Code;	3995

(c) If division (A)(1)(a) or (b) of this section does not	3996
apply, the probate division of the court of common pleas.	3997

(2) "Juvenile judge" means a judge of a court having	3998
jurisdiction under this chapter.	3999

(3) "Private child placing agency" means any association, as	4000
defined in section 5103.02 of the Revised Code, that is certified	4001
under section 5103.03 of the Revised Code to accept temporary,	4002
permanent, or legal custody of children and place the children for	4003
either foster care or adoption.	4004

(4) "Private noncustodial agency" means any person,	4005
organization, association, or society certified by the department	4006
of job and family services that does not accept temporary or	4007
permanent legal custody of children, that is privately operated in	4008
this state, and that does one or more of the following:	4009

(a) Receives and cares for children for two or more	4010
consecutive weeks;	4011

(b) Participates in the placement of children in certified	4012
foster homes;	4013

(c) Provides adoption services in conjunction with a public	4014
children services agency or private child placing agency.	4015

(B) As used in this chapter:

4016

(1) "Adequate parental care" means the provision by a child's	4017
parent or parents, guardian, or custodian of adequate food,	4018
clothing, and shelter to ensure the child's health and physical	4019
safety and the provision by a child's parent or parents of	4020
specialized services warranted by the child's physical or mental	4021
needs.	4022

(2) "Adult" means an individual who is eighteen years of age	4023
or older.	4024

(3) "Agreement for temporary custody" means a voluntary	4025
agreement authorized by section 5103.15 of the Revised Code that	4026
transfers the temporary custody of a child to a public children	4027
services agency or a private child placing agency.	4028

(4) "Alternative response" means the public children services	4029
agency's response to a report of child abuse or neglect that	4030
engages the family in a comprehensive evaluation of child safety,	4031
risk of subsequent harm, and family strengths and needs and that	4032
does not include a determination as to whether child abuse or	4033
neglect occurred.	4034

(5) "Certified foster home" means a foster home, as defined	4035
in section 5103.02 of the Revised Code, certified under section	4036
5103.03 of the Revised Code.	4037

(6) "Child" means a person who is under eighteen years of	4038
age, except that the juvenile court has jurisdiction over any	4039
person who is adjudicated an unruly child prior to attaining	4040
eighteen years of age until the person attains twenty-one years of	4041
age, and, for purposes of that jurisdiction related to that	4042
adjudication, a person who is so adjudicated an unruly child shall	4043
be deemed a "child" until the person attains twenty-one years of	4044
age.	4045

(7) "Child day camp," "child care," "child day-care center,"	4046
"part-time child day-care center," "type A family day-care home,"	4047
"certified type B family day-care home," "type B home,"	4048
"administrator of a child day-care center," "administrator of a	4049
type A family day-care home," "in-home aide," and "authorized	4050
provider" have the same meanings as in section 5104.01 of the	4051
Revised Code.	4052

(8) "Child care provider" means an individual who is a	4053
child-care staff member or administrator of a child day-care	4054
center, a type A family day-care home, or a type B family day-care	4055
home, or an in-home aide or an individual who is licensed, is	4056
regulated, is approved, operates under the direction of, or	4057
otherwise is certified by the department of job and family	4058
services, department of developmental disabilities, or the early	4059
childhood programs of the department of education.	4060

(9) "Chronic truant" has the same meaning as in section	4061
2152.02 of the Revised Code.	4062

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

4063

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

4064

(a) General counseling services performed by a public	4065
children services agency or shelter for victims of domestic	4066
violence to assist a child, a child's parents, and a child's	4067
siblings in alleviating identified problems that may cause or have	4068
caused the child to be an abused, neglected, or dependent child.	4069

(b) Psychiatric or psychological therapeutic counseling	4070
services provided to correct or alleviate any mental or emotional	4071
illness or disorder and performed by a licensed psychiatrist,	4072
licensed psychologist, or a person licensed under Chapter 4757. of	4073
the Revised Code to engage in social work or professional	4074
counseling.	4075

(12) "Custodian" means a person who has legal custody of a	4076
child or a public children services agency or private child	4077
placing agency that has permanent, temporary, or legal custody of	4078
a child.	4079

(13) "Delinquent child" has the same meaning as in section	4080
2152.02 of the Revised Code.	4081

(14) "Detention" means the temporary care of children pending	4082
court adjudication or disposition, or execution of a court order,	4083
in a public or private facility designed to physically restrict	4084
the movement and activities of children.	4085

(15) "Developmental disability" has the same meaning as in	4086
section 5123.01 of the Revised Code.	4087

(16) "Differential response approach" means an approach that	4088
a public children services agency may use to respond to accepted	4089
reports of child abuse or neglect with either an alternative	4090
response or a traditional response.	4091

(17) "Foster caregiver" has the same meaning as in section	4092
5103.02 of the Revised Code.	4093

(18) "Guardian" means a person, association, or corporation	4094
that is granted authority by a probate court pursuant to Chapter	4095
2111. of the Revised Code to exercise parental rights over a child	4096
to the extent provided in the court's order and subject to the	4097
residual parental rights of the child's parents.	4098

(19) "Habitual truant" means any child of compulsory school	4099
age who is absent without legitimate excuse for absence from the	4100
public school the child is supposed to attend for five or more	4101
consecutive school days, seven or more school days in one school	4102
month, or twelve or more school days in a school year.	4103

(20) "Juvenile traffic offender" has the same meaning as in	4104
section 2152.02 of the Revised Code.	4105

(21) "Legal custody" means a legal status that vests in the	4106
custodian the right to have physical care and control of the child	4107
and to determine where and with whom the child shall live, and the	4108
right and duty to protect, train, and discipline the child and to	4109
provide the child with food, shelter, education, and medical care,	4110
all subject to any residual parental rights, privileges, and	4111
responsibilities. An individual granted legal custody shall	4112
exercise the rights and responsibilities personally unless	4113
otherwise authorized by any section of the Revised Code or by the	4114
court.	4115

(22) A "legitimate excuse for absence from the public school	4116
the child is supposed to attend" includes, but is not limited to,	4117
any of the following:	4118

(a) The fact that the child in question has enrolled in and	4119
is attending another public or nonpublic school in this or another	4120
state;	4121

(b) The fact that the child in question is excused from	4122
attendance at school for any of the reasons specified in section	4123
3321.04 of the Revised Code;	4124

(c) The fact that the child in question has received an age	4125
and schooling certificate in accordance with section 3331.01 of	4126
the Revised Code.	4127

(23) "Mental illness" and "mentally ill person subject to	4128
hospitalization by court order" have the same meanings as in	4129
section 5122.01 of the Revised Code.	4130

(24) "Mental injury" means any behavioral, cognitive,	4131
emotional, or mental disorder in a child caused by an act or	4132
omission that is described in section 2919.22 of the Revised Code	4133
and is committed by the parent or other person responsible for the	4134
child's care.	4135

(25) "Mentally retarded person" has the same meaning as in	4136
section 5123.01 of the Revised Code.	4137

(26) "Nonsecure care, supervision, or training" means care,	4138
supervision, or training of a child in a facility that does not	4139
confine or prevent movement of the child within the facility or	4140
from the facility.	4141

(27) "Of compulsory school age" has the same meaning as in	4142
section 3321.01 of the Revised Code.	4143

(28) "Organization" means any institution, public,	4144
semipublic, or private, and any private association, society, or	4145
agency located or operating in the state, incorporated or	4146
unincorporated, having among its functions the furnishing of	4147
protective services or care for children, or the placement of	4148
children in certified foster homes or elsewhere.	4149

(29) "Out-of-home care" means detention facilities, shelter	4150
facilities, certified children's crisis care facilities, certified	4151
foster homes, placement in a prospective adoptive home prior to	4152
the issuance of a final decree of adoption, organizations,	4153
certified organizations, child day-care centers, type A family	4154
day-care homes, child care provided by type B family day-care home	4155
providers and by in-home aides, group home providers, group homes,	4156
institutions, state institutions, residential facilities,	4157
residential care facilities, residential camps, day camps, public	4158
schools, chartered nonpublic schools, educational service centers,	4159
hospitals, and medical clinics that are responsible for the care,	4160
physical custody, or control of children.	4161

(30) "Out-of-home care child abuse" means any of the	4162
following when committed by a person responsible for the care of a	4163
child in out-of-home care:	4164

(a) Engaging in sexual activity with a child in the person's	4165
care;	4166

(b) Denial to a child, as a means of punishment, of proper or	4167
necessary subsistence, education, medical care, or other care	4168
necessary for a child's health;	4169

(c) Use of restraint procedures on a child that cause injury	4170
or pain;	4171

(d) Administration of prescription drugs or psychotropic	4172
medication to the child without the written approval and ongoing	4173
supervision of a licensed physician;	4174

(e) Commission of any act, other than by accidental means,	4175
that results in any injury to or death of the child in out-of-home	4176
care or commission of any act by accidental means that results in	4177
an injury to or death of a child in out-of-home care and that is	4178
at variance with the history given of the injury or death.	4179

(31) "Out-of-home care child neglect" means any of the	4180
following when committed by a person responsible for the care of a	4181
child in out-of-home care:	4182

(a) Failure to provide reasonable supervision according to	4183
the standards of care appropriate to the age, mental and physical	4184
condition, or other special needs of the child;	4185

(b) Failure to provide reasonable supervision according to	4186
the standards of care appropriate to the age, mental and physical	4187
condition, or other special needs of the child, that results in	4188
sexual or physical abuse of the child by any person;	4189

(c) Failure to develop a process for all of the following:

4190

(i) Administration of prescription drugs or psychotropic	4191
drugs for the child;	4192

(ii) Assuring that the instructions of the licensed physician	4193
who prescribed a drug for the child are followed;	4194

(iii) Reporting to the licensed physician who prescribed the	4195
drug all unfavorable or dangerous side effects from the use of the	4196
drug.	4197

(d) Failure to provide proper or necessary subsistence,	4198
education, medical care, or other individualized care necessary	4199
for the health or well-being of the child;	4200

(e) Confinement of the child to a locked room without	4201
monitoring by staff;	4202

(f) Failure to provide ongoing security for all prescription	4203
and nonprescription medication;	4204

(g) Isolation of a child for a period of time when there is	4205
substantial risk that the isolation, if continued, will impair or	4206
retard the mental health or physical well-being of the child.	4207

(32) "Permanent custody" means a legal status that vests in a	4208
public children services agency or a private child placing agency,	4209
all parental rights, duties, and obligations, including the right	4210
to consent to adoption, and divests the natural parents or	4211
adoptive parents of all parental rights, privileges, and	4212
obligations, including all residual rights and obligations.	4213

(33) "Permanent surrender" means the act of the parents or,	4214
if a child has only one parent, of the parent of a child, by a	4215
voluntary agreement authorized by section 5103.15 of the Revised	4216
Code, to transfer the permanent custody of the child to a public	4217
children services agency or a private child placing agency.	4218

(34) "Person" means an individual, association, corporation,	4219
or partnership and the state or any of its political subdivisions,	4220
departments, or agencies.	4221

(35) "Person responsible for a child's care in out-of-home	4222
care" means any of the following:	4223

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

4224

(b) Any administrator, employee, or agent of any of the	4225
following: a public or private detention facility; shelter	4226
facility; certified children's crisis care facility; organization;	4227
certified organization; child day-care center; type A family	4228
day-care home; certified type B family day-care home; group home;	4229
institution; state institution; residential facility; residential	4230
care facility; residential camp; day camp; school district;	4231
community school; chartered nonpublic school; educational service	4232
center; hospital; or medical clinic;	4233

(c) Any person who supervises or coaches children as part of	4234
an extracurricular activity sponsored by a school district, public	4235
school, or chartered nonpublic school;	4236

(d) Any other person who performs a similar function with	4237
respect to, or has a similar relationship to, children.	4238

(36) "Physically impaired" means having one or more of the	4239
following conditions that substantially limit one or more of an	4240
individual's major life activities, including self-care, receptive	4241
and expressive language, learning, mobility, and self-direction:	4242

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

4243

(b) A congenital orthopedic impairment;

4244

(c) An orthopedic impairment caused by disease, rheumatic	4245
fever or any other similar chronic or acute health problem, or	4246
amputation or another similar cause.	4247

(37) "Placement for adoption" means the arrangement by a	4248
public children services agency or a private child placing agency	4249
with a person for the care and adoption by that person of a child	4250
of whom the agency has permanent custody.	4251

(38) "Placement in foster care" means the arrangement by a	4252
public children services agency or a private child placing agency	4253
for the out-of-home care of a child of whom the agency has	4254
temporary custody or permanent custody.	4255

(39) "Planned permanent living arrangement" means an order of	4256
a juvenile court pursuant to which both of the following apply:	4257

(a) The court gives legal custody of a child to a public	4258
children services agency or a private child placing agency without	4259
the termination of parental rights.	4260

(b) The order permits the agency to make an appropriate	4261
placement of the child and to enter into a written agreement with	4262
a foster care provider or with another person or agency with whom	4263
the child is placed.	4264

(40) "Practice of social work" and "practice of professional	4265
counseling" have the same meanings as in section 4757.01 of the	4266
Revised Code.	4267

(41) "Sanction, service, or condition" means a sanction,	4268
service, or condition created by court order following an	4269
adjudication that a child is an unruly child that is described in	4270
division (A)(4) of section 2152.19 of the Revised Code.	4271

(42) "Protective supervision" means an order of disposition	4272
pursuant to which the court permits an abused, neglected,	4273
dependent, or unruly child to remain in the custody of the child's	4274
parents, guardian, or custodian and stay in the child's home,	4275
subject to any conditions and limitations upon the child, the	4276
child's parents, guardian, or custodian, or any other person that	4277
the court prescribes, including supervision as directed by the	4278
court for the protection of the child.	4279

(43) "Psychiatrist" has the same meaning as in section	4280
5122.01 of the Revised Code.	4281

(44) "Psychologist" has the same meaning as in section	4282
4732.01 of the Revised Code.	4283

(45) "Residential camp" means a program in which the care,	4284
physical custody, or control of children is accepted overnight for	4285
recreational or recreational and educational purposes.	4286

(46) "Residential care facility" means an institution,	4287
residence, or facility that is licensed by the department of	4288
mental health under section 5119.22 of the Revised Code and that	4289
provides care for a child.	4290

(47) "Residential facility" means a home or facility that is	4291
licensed by the department of developmental disabilities under	4292
section 5123.19 of the Revised Code and in which a child with a	4293
developmental disability resides.	4294

(48) "Residual parental rights, privileges, and	4295
responsibilities" means those rights, privileges, and	4296
responsibilities remaining with the natural parent after the	4297
transfer of legal custody of the child, including, but not	4298
necessarily limited to, the privilege of reasonable visitation,	4299
consent to adoption, the privilege to determine the child's	4300
religious affiliation, and the responsibility for support.	4301

(49) "School day" means the school day established by the	4302
state board of education pursuant to section 3313.48 of the	4303
Revised Code.	4304

(50) "School month" and "school year" have the same meanings	4305
as in section 3313.62 of the Revised Code.	4306

(51) "Secure correctional facility" means a facility under	4307
the direction of the department of youth services that is designed	4308
to physically restrict the movement and activities of children and	4309
used for the placement of children after adjudication and	4310
disposition.	4311

(52) "Sexual activity" has the same meaning as in section	4312
2907.01 of the Revised Code.	4313

(53) "Shelter" means the temporary care of children in	4314
physically unrestricted facilities pending court adjudication or	4315
disposition.	4316

(54) "Shelter for victims of domestic violence" has the same	4317
meaning as in section 3113.33 of the Revised Code.	4318

(55) "Temporary custody" means legal custody of a child who	4319
is removed from the child's home, which custody may be terminated	4320
at any time at the discretion of the court or, if the legal	4321
custody is granted in an agreement for temporary custody, by the	4322
person who executed the agreement.	4323

(56) "Traditional response" means a public children services	4324
agency's response to a report of child abuse or neglect that	4325
encourages engagement of the family in a comprehensive evaluation	4326
of the child's current and future safety needs and a fact-finding	4327
process to determine whether child abuse or neglect occurred and	4328
the circumstances surrounding the alleged harm or risk of harm.	4329

(C) For the purposes of this chapter, a child shall be	4330
presumed abandoned when the parents of the child have failed to	4331
visit or maintain contact with the child for more than ninety	4332
days, regardless of whether the parents resume contact with the	4333
child after that period of ninety days.	4334

Section 4.  That the existing version of section 2151.011 of	4335
the Revised Code that is scheduled to take effect on January 1,	4336
2014, is hereby repealed.	4337

Section 5.  Sections 3 and 4 of this act take effect on	4338
January 1, 2014.	4339