Enact the Mental Health and Community Wellness Act

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 622

2025-2026

Representatives Williams, Robb
Blasdel

To
amend sections 2945.37, 2945.38, 2945.39, and 2945.401 and to enact
section 5120.101 of the Revised Code
to
enact the Mental Health and Community Wellness Act to amend the
competency to stand trial law, to create the mental health and
substance abuse community-based correctional facility pilot program,
to require a prosecutor to file for civil confinement of a defendant
who is found incompetent to stand trial and who is charged with a
felony or a misdemeanor offense of violence, and to make an
appropriation.

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

Section
1.
That
sections 2945.37, 2945.38, 2945.39, and 2945.401 be amended and
section 5120.101 of the Revised Code be enacted to read as follows:

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

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

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

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

(b)
For purposes of a separate intellectual disability evaluation that is
ordered by a court pursuant to division (I) of section 2945.371 of
the Revised Code, a psychologist designated by the director of
developmental disabilities pursuant to that section to conduct that
separate intellectual disability evaluation.

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

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

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

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

(7)
"Licensed clinical psychologist
,
"

"person
with a mental illness subject to court order,"
and
"psychiatrist" have the same meanings as in section 5122.01
of the Revised Code.

(8)
"Person with an intellectual disability subject to
institutionalization by court order" has the same meaning as in
section 5123.01 of the Revised Code.

(9)
"Jail" has the same meaning as in section 2929.01 of the
Revised Code.

(10)
"Person with a mental illness subject to court order" means
a person with a mental illness who, because of the person's illness:

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

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

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

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

(e)(i)
Would benefit from treatment as manifested by evidence of behavior
that indicates all of the following:

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

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

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

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

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

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

(V)
In view of the person's criminal history and current behavior, the
person is in need of treatment in order to prevent a relapse or
deterioration that would be likely to result in a substantial risk of
the person committing additional criminal acts.

(ii)
An individual who meets only the criteria described in division
(A)(10)(e)(i) of this section is not subject to hospitalization
unless criminal proceedings are pending against the individual and
the court seeks hospitalization under sections 2945.37 to 2945.402 of
the Revised Code.

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

(C)
The court shall conduct the hearing required or authorized under
division (B) of this section within thirty days after the issue is
raised, unless the defendant has been referred for evaluation in
which case the court shall conduct the hearing within ten days after
the filing of the report of the evaluation or, in the case of a
defendant who is ordered by the court pursuant to division (I) of
section 2945.371 of the Revised Code to undergo a separate
intellectual disability evaluation conducted by a psychologist
designated by the director of developmental disabilities, within ten
days after the filing of the report of the separate intellectual
disability evaluation under that division. A hearing may be continued
for good cause.

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

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

(F)
The court shall not find a defendant incompetent to stand trial
solely because the defendant is receiving or has received treatment
as a voluntary or involuntary patient with a mental illness under
Chapter 5122. or a voluntary or involuntary resident with an
intellectual disability under Chapter 5123. of the Revised Code or
because the defendant is receiving or has received psychotropic drugs
or other medication, even if the defendant might become incompetent
to stand trial without the drugs or medication.

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

(H)
Municipal courts shall follow the procedures set forth in sections
2945.37 to 2945.402 of the Revised Code. Except as provided in
section 2945.371 of the Revised Code, a municipal court shall not
order an evaluation of the defendant's competence to stand trial or
the defendant's mental condition at the time of the commission of the
offense to be conducted at any hospital operated by the department of

mental
health and addiction services
behavioral
health
.
Those evaluations shall be performed through community resources
including, but not limited to, certified forensic centers, court
probation departments, and community mental health services
providers. All expenses of the evaluations shall be borne by the
legislative authority of the municipal court, as defined in section
1901.03 of the Revised Code, and shall be taxed as costs in the case.
If a defendant is found incompetent to stand trial or not guilty by
reason of insanity, a municipal court may commit the defendant as
provided in sections 2945.38 to 2945.402 of the Revised Code.

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

(B)(1)(a)(i)
If the defendant has been charged with a felony offense or a
misdemeanor offense of violence for which the prosecutor has not
recommended the procedures under division (B)(1)(a)(vi) of this
section and if, after taking into consideration all relevant reports,
information, and other evidence, the court finds that the defendant
is incompetent to stand trial and that there is a substantial
probability that the defendant will become competent to stand trial
within one year if the defendant is provided with a course of
treatment,
the

both
of the following shall occur:

(I)
The
court
shall order the defendant to undergo treatment.

(II)
The prosecutor shall file an affidavit in the probate court for civil
commitment of the defendant pursuant to Chapter 5122. or 5123. of the
Revised Code alleging that the defendant is a mentally ill person
subject to court order or a person with an intellectual disability
subject to institutionalization by court order. The court may detain
the defendant for ten days pending civil commitment and shall send to
the probate court copies of all written reports of the defendant's
mental condition prepared pursuant to section 2945.371 of the Revised
Code.

(ii)
If the defendant has been charged with a felony offense and if, after
taking into consideration all relevant reports, information, and
other evidence, the court finds that the defendant is incompetent to
stand trial, but the court is unable at that time to determine
whether there is a substantial probability that the defendant will
become competent to stand trial within one year if the defendant is
provided with a course of treatment,
the

both
of the following shall occur:

(I)
The
court
shall order continuing evaluation and treatment of the defendant for
a period not to exceed four months to determine whether there is a
substantial probability that the defendant will become competent to
stand trial within one year if the defendant is provided with a
course of treatment.

(II)
The prosecutor shall file an affidavit in the probate court for civil
commitment of the defendant pursuant to Chapter 5122. or 5123. of the
Revised Code alleging that the defendant is a mentally ill person
subject to court order or a person with an intellectual disability
subject to institutionalization by court order. The court may detain
the defendant for ten days pending civil commitment and shall send to
the probate court copies of all written reports of the defendant's
mental condition prepared pursuant to section 2945.371 of the Revised
Code.

(iii)
If the defendant has not been charged with a felony offense but has
been charged with a misdemeanor offense of violence and if, after
taking into consideration all relevant reports, information, and
other evidence, the court finds that the defendant is incompetent to
stand trial, but the court is unable at that time to determine
whether there is a substantial probability that the defendant will
become competent to stand trial within the time frame permitted under
division (C)(1) of this section, the court may order continuing
evaluation and treatment of the defendant for a period not to exceed
the maximum period permitted under that division.

The
prosecutor shall file an affidavit in probate court for civil
commitment of the defendant pursuant to Chapter 5122. or 5123. of the
Revised Code alleging that the defendant is a mentally ill person
subject to court order or a person with an intellectual disability
subject to institutionalization by court order. The court may detain
the defendant for ten days pending civil commitment and shall send to
the probate court copies of all written reports of the defendant's
mental condition prepared pursuant to section 2945.371 of the Revised
Code.

(iv)
If the defendant has not been charged with a felony offense or a
misdemeanor offense of violence, but has been charged with a
misdemeanor offense that is not a misdemeanor offense of violence and
if, after taking into consideration all relevant reports,
information, and other evidence, the court finds that the defendant
is incompetent to stand trial, but the court is unable at that time
to determine whether there is a substantial probability that the
defendant will become competent to stand trial within the time frame
permitted under division (C)(1) of this section, the court shall
dismiss the charges and follow the process outlined in division
(B)(1)(a)(v)(I) of this section.

(v)
If the defendant has not been charged with a felony offense or a
misdemeanor offense of violence, or if the defendant has been charged
with a misdemeanor offense of violence and the prosecutor has
recommended the procedures under division (B)(1)(a)(vi) of this
section, and if, after taking into consideration all relevant
reports, information, and other evidence, the trial court finds that
the defendant is incompetent to stand trial, the trial court shall do
one of the following:

(I)
Dismiss the charges pending against the defendant. A dismissal under
this division is not a bar to further prosecution based on the same
conduct. Upon dismissal of the charges, the trial court shall
discharge the defendant
unless

except
as otherwise provided in this division.

If
the defendant has not been charged with a felony offense or a
misdemeanor offense of violence,
the
court or prosecutor
,
after consideration of the requirements of section 5122.11 of the
Revised Code, files

may file
an
affidavit in probate court
pursuant
to Chapter 5122. or 5123. of the Revised Code
alleging
that the defendant is a mentally ill person subject to court order or
a person with an intellectual disability subject to
institutionalization by court order.
If
the court files an affidavit under this division, the court shall not
discharge the defendant.

If
the defendant has been charged with a misdemeanor offense of violence
and the prosecutor has recommended the procedures under division
(B)(1)(a)(vi) of this section, the prosecutor shall file an affidavit
in probate court for civil commitment of the defendant pursuant to
Chapter 5122. or 5123. of the Revised Code alleging that the
defendant is a mentally ill person subject to court order or a person
with an intellectual disability subject to institutionalization by
court order. If the court files an affidavit under this division, the
court shall not discharge the defendant.

If
an affidavit is filed in probate court, the trial court may detain
the defendant for ten days pending
a
hearing in the probate court and
civil
commitment and
shall
send to the probate court copies of all written reports of the
defendant's mental condition that were prepared pursuant to section
2945.371 of the Revised Code. The trial court or prosecutor shall
specify in the appropriate space on the affidavit that the defendant
is a person described in this subdivision.

(II)
Order the defendant to undergo outpatient competency restoration
treatment at a facility operated or certified by the department of

mental
health and addiction services
behavioral
health
as
being qualified to treat mental illness, at a public or community
mental health facility, at a jail that employs or contracts with an
individual or entity listed in division (B)(1)(b)(i) of this section
to provide treatment or continuing evaluation and treatment at a
jail, or in the care of a psychiatrist or other mental health
professional. If a defendant who has been released on bail or
recognizance refuses to comply with court-ordered outpatient
treatment under this division, the court may dismiss the charges
pending against the defendant and proceed under division
(B)(1)(a)(v)(I) of this section or may amend the conditions of bail
or recognizance and order the sheriff to take the defendant into
custody and deliver the defendant to a center or facility operated or
certified by the department of

mental health and addiction services
behavioral
health
for
treatment.

(III)
Order continuing evaluation and treatment for a period not to exceed
the maximum period permitted under division (C) of this section if
either of the following apply:

The
defendant has previously been found by a court to be incompetent to
stand trial and that, even if the defendant was or had been provided
with a course of treatment, there was not a substantial probability
that the defendant would have become competent to stand trial.

The
defendant has previously been found by a court to be incompetent to
stand trial and that there was a substantial probability that the
defendant would have been competent to stand trial if the defendant
was or had been provided with a course of treatment, but at the end
of the time period described in division (C) of this section, the
defendant was found incompetent to stand trial.

(vi)
If the defendant has not been charged with a felony offense but has
been charged with a misdemeanor offense of violence and after taking
into consideration all relevant reports, information, and other
evidence, the court finds that the defendant is incompetent to stand
trial, the prosecutor in the case may recommend that the court follow
the procedures prescribed in division (B)(1)(a)(v) of this section.
If the prosecutor does not make such a recommendation, the court
shall follow the procedures in division (B)(1)(a)(i) of this section.

(b)(i)
The court order for the defendant to undergo treatment or continuing
evaluation and treatment under division (B)(1)(a) of this section
shall specify that the defendant, if determined to require mental
health treatment or continuing evaluation and treatment, shall be
committed to one of the following:

(I)
The department of
mental
health and addiction services
behavioral
health
for
treatment or continuing evaluation and treatment at a hospital,
facility, or agency, as determined to be clinically appropriate by
the department;

(II)
A facility certified by the department of
mental
health and addiction services
behavioral
health
as
being qualified to treat mental illness;

(III)
A public or community mental health facility;

(IV)
A jail that employs or contracts with an entity or individual listed
in division (B)(1)(b)(i) of this section to provide treatment or
continuing evaluation and treatment at a jail;

(V)
A psychiatrist or another mental health professional for treatment or
continuing evaluation and treatment.

(ii)
Prior to placing the defendant, the department of
mental
health and addiction services
behavioral
health
shall
obtain court approval for that placement following a hearing. The
court order for the defendant to undergo treatment or continuing
evaluation and treatment under division (B)(1)(a) of this section
shall specify that the defendant, if determined to require treatment
or continuing evaluation and treatment for an intellectual
disability, shall receive treatment or continuing evaluation and
treatment at an institution or facility operated by the department of
developmental disabilities, at a facility certified by the department
of developmental disabilities as being qualified to treat
intellectual disabilities, at a public or private intellectual
disabilities facility, or by a psychiatrist or another intellectual
disabilities professional. In any case, the order may restrict the
defendant's freedom of movement as the court considers necessary. The
prosecutor in the defendant's case shall send to the chief clinical
officer of the hospital, facility, or agency where the defendant is
placed by the department of
mental
health and addiction services
behavioral
health
,
or to the managing officer or director of the institution, facility,
or jail, or the person to which the defendant is committed, copies of
relevant police reports and other background information that
pertains to the defendant and is available to the prosecutor unless
the prosecutor determines that the release of any of the information
in the police reports or any of the other background information to
unauthorized persons would interfere with the effective prosecution
of any person or would create a substantial risk of harm to any
person.

(iii)
In determining the place of commitment, the court shall consider the
extent to which the person is a danger to the person and to others,
the need for security, the availability of housing and supportive
services, including outpatient mental health services in the
community, and the type of crime involved and shall order the least
restrictive alternative available that is consistent with public
safety and treatment goals. In weighing these factors, the court
shall give preference to protecting public safety and the
availability of housing and supportive services.

(c)
If the defendant is found incompetent to stand trial, if the chief
clinical officer of the hospital, facility, or agency where the
defendant is placed, or the managing officer or director of the
institution, facility, or jail, or the person to which the defendant
is committed for treatment or continuing evaluation and treatment
under division (B)(1)(b) of this section determines that medication
is necessary to restore the defendant's competency to stand trial,
and if the defendant lacks the capacity to give informed consent or
refuses medication, the chief clinical officer of the hospital,
facility, or agency where the defendant is placed, or the managing
officer or director of the institution, facility, or jail, or the
person to which the defendant is committed for treatment or
continuing evaluation and treatment may petition the court for
authorization for the involuntary administration of medication. The
court shall hold a hearing on the petition within five days of the
filing of the petition if the petition was filed in a municipal court
or a county court regarding an incompetent defendant charged with a
misdemeanor or within ten days of the filing of the petition if the
petition was filed in a court of common pleas regarding an
incompetent defendant charged with a felony offense. Following the
hearing, the court may authorize the involuntary administration of
medication or may dismiss the petition.

(2)
If the court finds that the defendant is incompetent to stand trial
and that, even if the defendant is provided with a course of
treatment, there is not a substantial probability that the defendant
will become competent to stand trial within one year, the court shall
order the discharge of the defendant,
unless
upon motion of the
except
as otherwise provided in this division.

(a)
The court or
prosecutor

or
on its own
may
file a
motion
,

for

the
court
either
seeks
to
seek
to
retain jurisdiction over the defendant pursuant to section 2945.39 of
the Revised Code

or files
.
If the court files a motion under this division, the court shall not
discharge the defendant.

(b)
If the defendant has not been charged with a felony offense or a
misdemeanor offense of violence, the court or prosecutor may file an
affidavit in probate court for civil commitment of the defendant
pursuant to Chapter 5122. or 5123. of the Revised Code alleging that
the defendant is a mentally ill person subject to court order or a
person with an intellectual disability subject to
institutionalization by court order. If the court files an affidavit
under this division, the court shall not discharge the defendant.

(c)
If the defendant has been charged with a felony offense or a
misdemeanor offense of violence, the prosecutor shall file
an
affidavit in the probate court for the civil commitment of the
defendant pursuant to Chapter 5122. or 5123. of the Revised Code
alleging that the defendant is a
mentally
ill
person

with
a mental illness
subject
to court order or a person with an intellectual disability subject to
institutionalization by court order. If
an

the
court files an affidavit under this division, the court shall not
discharge the defendant.

(d)
If an
affidavit
is filed in the probate court

under division (B)(2)(b) or (c) of this section
,
the trial court
may
detain the defendant for ten days pending civil commitment and
shall
send to the probate court copies of all written reports of the
defendant's mental condition that were prepared pursuant to section
2945.371 of the Revised Code.

The

(e)
If an affidavit is filed in the probate court under division
(B)(2)(b) or (c) of this section, the
trial
court may issue the temporary order of detention that a probate court
may issue under section 5122.11 or 5123.71 of the Revised Code, to
remain in effect until the probable cause or initial hearing in the
probate court. Further proceedings in the probate court are civil
proceedings governed by Chapter 5122. or 5123. of the Revised Code.

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

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

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

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

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

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

(3)
Sixty days, if the most serious offense with which the defendant is
charged is a
,
or a
misdemeanor
of the first

or
,

second

degree;

(4)
Thirty days, if the most serious offense with which the defendant is
charged is a misdemeanor of the
,

third
,

or fourth degree, a minor misdemeanor, or an unclassified
misdemeanor.

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

(E)
Except as otherwise provided in this division, a defendant who is
charged with an offense and is committed by the court under this
section to the department of
mental
health and addiction services
behavioral
health
or
is committed to an institution or facility for the treatment of
intellectual disabilities shall not be granted unsupervised
on-grounds movement, supervised off-grounds movement, or nonsecured
status except in accordance with the court order. The court may grant
a defendant supervised off-grounds movement to obtain medical
treatment or specialized habilitation treatment services if the
person who supervises the treatment or the continuing evaluation and
treatment of the defendant ordered under division (B)(1)(a) of this
section informs the court that the treatment or continuing evaluation
and treatment cannot be provided at the hospital or facility where
the defendant is placed by the department of
mental
health and addiction services
behavioral
health
or
the institution, facility, or jail to which the defendant is
committed. The chief clinical officer of the hospital or facility
where the defendant is placed by the department of
mental
health and addiction services
behavioral
health
or
the managing officer or director of the institution, facility, or
jail to which the defendant is committed, or a designee of any of
those persons, may grant a defendant movement to a medical facility
for an emergency medical situation with appropriate supervision to
ensure the safety of the defendant, staff, and community during that
emergency medical situation. The chief clinical officer of the
hospital or facility where the defendant is placed by the department
of
mental
health and addiction services
behavioral
health
or
the managing officer or director of the institution, facility, or
jail to which the defendant is committed shall notify the court
within twenty-four hours of the defendant's movement to the medical
facility for an emergency medical situation under this division.

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

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

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

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

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

(G)
A report under division (F) of this section shall contain the
examiner's findings, the facts in reasonable detail on which the
findings are based, and the examiner's opinion as to the defendant's
capability of understanding the nature and objective of the
proceedings against the defendant and of assisting in the defendant's
defense. If, in the examiner's opinion, the defendant remains
incapable of understanding the nature and objective of the
proceedings against the defendant and of assisting in the defendant's
defense and there is a substantial probability that the defendant
will become capable of understanding the nature and objective of the
proceedings against the defendant and of assisting in the defendant's
defense if the defendant is provided with a course of treatment, if
in the examiner's opinion the defendant continues to have a mental
illness or an intellectual disability, and if the maximum time for
treatment as specified in division (C) of this section has not
expired, the report also shall contain the examiner's recommendation
as to the least restrictive placement or commitment alternative that
is consistent with the defendant's treatment needs for restoration to
competency and with the safety of the community. The court shall
provide copies of the report to the prosecutor and defense counsel.

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

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

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

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

(4)
(4)(a)

If the court finds that the defendant is incompetent to stand trial,
if the most serious offense with which the defendant is charged is a
misdemeanor or a felony other than a felony listed in division (C)(1)
of this section, and if the court finds that there is not a
substantial probability that the defendant will become competent to
stand trial even if the defendant is provided with a course of
treatment, or if the maximum time for treatment relative to that
offense as specified in division (C) of this section has expired, the
court shall dismiss the indictment, information, or complaint against
the defendant. A dismissal under this division is not a bar to
further prosecution based on the same conduct. The court shall
discharge the defendant
unless

except
as otherwise provided in this division.

(i)
If the defendant has not been charged with a felony offense or a
misdemeanor offense of violence,
the
court or prosecutor
files

may
file
an
affidavit in probate court for civil commitment pursuant to Chapter
5122. or 5123. of the Revised Code

alleging the defendant is a mentally ill person subject to court
order or a person with an intellectual disability subject to
institutionalization by court order. If the court files an affidavit
under this division, the court shall not discharge the defendant
.

(ii)
If the defendant has been charged with a felony offense or a
misdemeanor offense of violence, the prosecutor shall file an
affidavit in probate court for civil commitment of the defendant
pursuant to Chapter 5122. or 5123. of the Revised Code alleging that
the defendant is a mentally ill person subject to court order or a
person with an intellectual disability subject to
institutionalization by court order. If the court files an affidavit
under this division, the court shall not discharge the defendant.

(iii)

If
an affidavit for civil commitment is filed

under division (H)(4)(a)(i) or (ii) of this section
,
the
trial

court
may detain the defendant for ten days pending civil commitment and
shall send to the probate court copies of all written reports of the
defendant's mental condition prepared pursuant to section 2945.371 of
the Revised Code.

(b)

All
of the following provisions apply to persons charged with a
misdemeanor or a felony other than a felony listed in division (C)(1)
of this section who are committed by the probate court subsequent to
the court's or prosecutor's filing of an affidavit for civil
commitment under authority of this division:

(a)
(i)

The chief clinical officer of the entity, hospital, or facility, the
managing officer or director of the institution, facility, or jail,
or the person to which the defendant is committed or admitted shall
do all of the following:

(i)
(I)

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

(ii)
(II)

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

(iii)
(III)

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

(b)
(ii)

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

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

Sec.
2945.39.
(A)
If a defendant who is charged with an offense described in division

(C)(1)

(C)

of
section 2945.38 of the Revised Code is found incompetent to stand
trial, after the expiration of the maximum time for treatment as
specified in division (C) of that section or after the court finds
that there is not a substantial probability that the defendant will
become competent to stand trial even if the defendant is provided
with a course of treatment, one of the following applies:

(1)
The
(1)(a)
If the defendant is not charged with a felony offense or a
misdemeanor offense of violence, the
court
or the prosecutor may file an affidavit in probate court for civil
commitment of the defendant
in
the manner provided in
pursuant
to
Chapter
5122. or 5123. of the Revised Code

alleging that the defendant is a mentally ill person subject to court
order or a person with an intellectual disability subject to
institutionalization by court order
.

(b)
If the defendant is charged with a felony offense or a misdemeanor
offense of violence, the prosecutor shall file an affidavit in the
probate court for civil commitment of the defendant pursuant to
Chapter 5122. or 5123. of the Revised Code alleging that the
defendant is a mentally ill person subject to court order or a person
with an intellectual disability subject to institutionalization by
court order.

(c)

If the court or prosecutor files an affidavit for civil commitment

under division (A)(1)(a) of this section
,
the court may detain the defendant for ten days pending civil
commitment

and shall send to the probate court copies of all written reports of
the defendant's mental condition prepared pursuant to section
2945.371 of the Revised Code
.
If the probate court commits the defendant subsequent to the court's
or prosecutor's filing of an affidavit for civil commitment, the
chief clinical officer of the entity, hospital, or facility, the
managing officer of the institution, the director of the program, or
the person to which the defendant is committed or admitted shall send
to the prosecutor the notices described in divisions

(H)(4)(a)(i)
(H)(4)(b)(i)(I)

to
(iii)
(III)

of section 2945.38 of the Revised Code within the periods of time and
under the circumstances specified in those divisions.

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

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

(b)
The defendant is a person with a mental illness subject to court
order or a person with an intellectual disability subject to
institutionalization by court order.

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

(C)
If the court conducts a hearing as described in division (A)(2) of
this section and if the court does not make both findings described
in divisions (A)(2)(a) and (b) of this section by clear and
convincing evidence, the court shall dismiss the indictment,
information, or complaint against the defendant. Upon the dismissal,
the court shall discharge the defendant
unless
the
except
as otherwise provided in this division.

(1)
If the defendant is not charged with a felony offense or a
misdemeanor offense of violence, the
court
or prosecutor
files

may
file
an
affidavit in probate court for civil commitment of the defendant
pursuant to Chapter 5122. or 5123. of the Revised Code

alleging that the defendant is a mentally ill person subject to court
order or a person with an intellectual disability subject to
institutionalization by court order. If the court files an affidavit
under this division, the court shall not discharge the defendant
.

(2)
If the defendant is charged with a felony offense or a misdemeanor
offense of violence, the prosecutor shall file an affidavit in
probate court for civil commitment of the defendant pursuant to
Chapter 5122. or 5123. of the Revised Code alleging that the
defendant is a mentally ill person subject to court order or a person
with an intellectual disability subject to institutionalization by
court order. If the court files an affidavit under this division, the
court shall not discharge the defendant.

(3)

If
the court or prosecutor files an affidavit for civil commitment

under division (C)(1) or (2) of this section
,
the court may order that the defendant be detained for up to ten days
pending the civil commitment

and shall send to the probate court copies of all written reports of
the defendant's mental condition prepared pursuant to section
2945.371 of the Revised Code
.
If the probate court commits the defendant subsequent to the court's
or prosecutor's filing of an affidavit for civil commitment, the
chief clinical officer of the entity, hospital, or facility, the
managing officer of the institution, the director of the program, or
the person to which the defendant is committed or admitted shall send
to the prosecutor the notices described in divisions

(H)(4)(a)(i)
(H)(4)(b)(i)(I)

to
(iii)
(III)

of section 2945.38 of the Revised Code within the periods of time and
under the circumstances specified in those divisions. A dismissal of
charges under this division is not a bar to further criminal
proceedings based on the same conduct.

(D)(1)
If the court conducts a hearing as described in division (A)(2) of
this section and if the court makes the findings described in
divisions (A)(2)(a) and (b) of this section by clear and convincing
evidence, the court shall commit the defendant, if determined to
require mental health treatment, either to the department of
mental
health and addiction services
behavioral
health
for
treatment at a hospital, facility, or agency as determined clinically
appropriate by the department of
mental
health and addiction services
behavioral
health
or
to another medical or psychiatric facility, as appropriate. Prior to
placing the defendant, the department of
mental
health and addiction services
behavioral
health
shall
obtain court approval for that placement. If the court conducts such
a hearing and if it makes those findings by clear and convincing
evidence, the court shall commit the defendant, if determined to
require treatment for an intellectual disability, to a facility
operated by the department of developmental disabilities, or another
facility, as appropriate. In determining the place of commitment, the
court shall consider the extent to which the person is a danger to
the person and to others, the need for security, and the type of
crime involved and shall order the least restrictive alternative
available that is consistent with public safety and the welfare of
the defendant. In weighing these factors, the court shall give
preference to protecting public safety.

(2)
If a court makes a commitment of a defendant under division (D)(1) of
this section, the prosecutor shall send to the hospital, facility, or
agency where the defendant is placed by the department of
mental
health and addiction services
behavioral
health
or
to the defendant's place of commitment all reports of the defendant's
current mental condition and, except as otherwise provided in this
division, any other relevant information, including, but not limited
to, a transcript of the hearing held pursuant to division (A)(2) of
this section, copies of relevant police reports, and copies of any
prior arrest and conviction records that pertain to the defendant and
that the prosecutor possesses. The prosecutor shall send the reports
of the defendant's current mental condition in every case of
commitment, and, unless the prosecutor determines that the release of
any of the other relevant information to unauthorized persons would
interfere with the effective prosecution of any person or would
create a substantial risk of harm to any person, the prosecutor also
shall send the other relevant information. Upon admission of a
defendant committed under division (D)(1) of this section, the place
of commitment shall send to the board of alcohol, drug addiction, and
mental health services or the community mental health board serving
the county in which the charges against the defendant were filed a
copy of all reports of the defendant's current mental condition and a
copy of the other relevant information provided by the prosecutor
under this division, including, if provided, a transcript of the
hearing held pursuant to division (A)(2) of this section, the
relevant police reports, and the prior arrest and conviction records
that pertain to the defendant and that the prosecutor possesses.

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

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

(B)
A hearing conducted under any provision of sections 2945.37 to
2945.402 of the Revised Code shall not be conducted in accordance
with Chapters 5122. and 5123. of the Revised Code. Any person who is
committed pursuant to section 2945.39 or 2945.40 of the Revised Code
shall not voluntarily admit the person or be voluntarily admitted to
a hospital or institution pursuant to section 5122.02, 5122.15,
5123.69, or 5123.76 of the Revised Code. All other provisions of
Chapters 5122. and 5123. of the Revised Code regarding
hospitalization or institutionalization shall apply to the extent
they are not in conflict with this chapter.
The
definition of a person with a mental illness subject to court order
as defined in section 2945.37 of the Revised Code shall be applied in
the same manner as the definition of a person with a mental illness
subject to court order as defined in section 5122.01 of the Revised
Code.
A
commitment under section 2945.39 or 2945.40 of the Revised Code shall
not be terminated and the conditions of the commitment shall not be
changed except as otherwise provided in division (D)(2) of this
section with respect to a person with an intellectual disability
subject to institutionalization by court order or except by order of
the trial court.

(C)
The department of
mental
health and addiction services
behavioral
health
or
the institution, facility, or program to which a defendant or person
has been committed under section 2945.39 or 2945.40 of the Revised
Code shall report in writing to the trial court, at the times
specified in this division, as to whether the defendant or person
remains a person with a mental illness subject to court order or a
person with an intellectual disability subject to
institutionalization by court order and, in the case of a defendant
committed under section 2945.39 of the Revised Code, as to whether
the defendant remains incompetent to stand trial. The department,
institution, facility, or program shall make the reports after the
initial six months of treatment and every two years after the initial
report is made. The trial court shall provide copies of the reports
to the prosecutor and to the counsel for the defendant or person.
Within thirty days after its receipt pursuant to this division of a
report from the department, institution, facility, or program, the
trial court shall hold a hearing on the continued commitment of the
defendant or person or on any changes in the conditions of the
commitment of the defendant or person. The defendant or person may
request a change in the conditions of confinement, and the trial
court shall conduct a hearing on that request if six months or more
have elapsed since the most recent hearing was conducted under this
section.

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

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

(a)
If the department's designee recommends on-grounds unsupervised
movement or off-grounds supervised movement, the department's
designee shall file with the trial court an application for approval
of the movement and shall send a copy of the application to the
prosecutor. Within fifteen days after receiving the application, the
prosecutor may request a hearing on the application and, if a hearing
is requested, shall so inform the department's designee. If the
prosecutor does not request a hearing within the fifteen-day period,
the trial court shall approve the application by entering its order
approving the requested movement or, within five days after the
expiration of the fifteen-day period, shall set a date for a hearing
on the application. If the prosecutor requests a hearing on the
application within the fifteen-day period, the trial court shall hold
a hearing on the application within thirty days after the hearing is
requested. If the trial court, within five days after the expiration
of the fifteen-day period, sets a date for a hearing on the
application, the trial court shall hold the hearing within thirty
days after setting the hearing date. At least fifteen days before any
hearing is held under this division, the trial court shall give the
prosecutor written notice of the date, time, and place of the
hearing. At the conclusion of each hearing conducted under this
division, the trial court either shall approve or disapprove the
application and shall enter its order accordingly.

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

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

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

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

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

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

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

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

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

(b)
If, pursuant to section 2945.39 of the Revised Code, the trial court
commits a defendant who is found incompetent to stand trial and who
is a person with an intellectual disability subject to
institutionalization by court order, if the defendant is being
provided residential habilitation, care, and treatment in a facility
operated by the department of developmental disabilities, if an
individual who is conducting a survey for the department of health to
determine the facility's compliance with the certification
requirements of the medicaid program cites the defendant's receipt of
the residential habilitation, care, and treatment in the facility as
being inappropriate under the certification requirements, if the
defendant's receipt of the residential habilitation, care, and
treatment in the facility potentially jeopardizes the facility's
continued receipt of federal medicaid moneys, and if as a result of
the citation the chief clinical officer of the facility determines
that the conditions of the defendant's commitment should be changed,
the department of developmental disabilities may cause the defendant
to be removed from the particular facility and, after evaluating the
risks to public safety and the welfare of the defendant and after
determining whether another type of placement is consistent with the
certification requirements, may place the defendant in another
facility that the department selects as an appropriate facility for
the defendant's continued receipt of residential habilitation, care,
and treatment and that is a no less secure setting than the facility
in which the defendant had been placed at the time of the citation.
Within three days after the defendant's removal and alternative
placement under the circumstances described in division (D)(2)(b) of
this section, the department of developmental disabilities shall
notify the trial court and the prosecutor in writing of the removal
and alternative placement.

The
trial court shall set a date for a hearing on the removal and
alternative placement, and the hearing shall be held within
twenty-one days after the trial court's receipt of the notice from
the department of developmental disabilities. At least ten days
before the hearing is held, the trial court shall give the
prosecutor, the department of developmental disabilities, and the
counsel for the defendant written notice of the date, time, and place
of the hearing. At the hearing, the trial court shall consider the
citation issued by the individual who conducted the survey for the
department of health to be prima-facie evidence of the fact that the
defendant's commitment to the particular facility was inappropriate
under the certification requirements of the medicaid program and
potentially jeopardizes the particular facility's continued receipt
of federal medicaid moneys. At the conclusion of the hearing, the
trial court may approve or disapprove the defendant's removal and
alternative placement. If the trial court approves the defendant's
removal and alternative placement, the department of developmental
disabilities may continue the defendant's alternative placement. If
the trial court disapproves the defendant's removal and alternative
placement, it shall enter an order modifying the defendant's removal
and alternative placement, but that order shall not require the
department of developmental disabilities to replace the defendant for
purposes of continued residential habilitation, care, and treatment
in the facility associated with the citation issued by the individual
who conducted the survey for the department of health.

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

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

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

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

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

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

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

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

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

(1)
For a recommendation of termination of commitment, to show by clear
and convincing evidence that the defendant or person remains a person
with a mental illness subject to court order or a person with an
intellectual disability subject to institutionalization by court
order;

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

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

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

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

(a)
The defendant or person no longer is a person with a mental illness
subject to court order or a person with an intellectual disability
subject to institutionalization by court order, as determined by the
trial court;

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

or six months, whichever is longer
;

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

(2)(a)
If a defendant is found incompetent to stand trial and committed
pursuant to section 2945.39 of the Revised Code, if neither of the
circumstances described in divisions (J)(1)(a) and (b) of this
section applies to that defendant, and if a report filed with the
trial court pursuant to division (C) of this section indicates that
the defendant presently is competent to stand trial or if, at any
other time during the period of the defendant's commitment, the
prosecutor, the counsel for the defendant, or the designee of the
department of
mental
health and addiction services
behavioral
health
or
the managing officer of the institution or director of the facility
or program to which the defendant is committed files an application
with the trial court alleging that the defendant presently is
competent to stand trial and requesting a hearing on the competency
issue or the trial court otherwise has reasonable cause to believe
that the defendant presently is competent to stand trial and
determines on its own motion to hold a hearing on the competency
issue, the trial court shall schedule a hearing on the competency of
the defendant to stand trial, shall give the prosecutor, the counsel
for the defendant, and the department's designee or the managing
officer of the institution or the director of the facility to which
the defendant is committed notice of the date, time, and place of the
hearing at least fifteen days before the hearing, and shall conduct
the hearing within thirty days of the filing of the application or of
its own motion. If, at the conclusion of the hearing, the trial court
determines that the defendant presently is capable of understanding
the nature and objective of the proceedings against the defendant and
of assisting in the defendant's defense, the trial court shall order
that the defendant is competent to stand trial and shall be proceeded
against as provided by law with respect to the applicable offenses
described in division
(C)(1)

(C)

of
section 2945.38 of the Revised Code and shall enter whichever of the
following additional orders is appropriate:

(i)
If the trial court determines that the defendant remains a person
with a mental illness subject to court order or a person with an
intellectual disability subject to institutionalization by court
order, the trial court shall order that the defendant's commitment to
the department of
mental
health and addiction services
behavioral
health
or
to an institution, facility, or program for the treatment of
intellectual disabilities be continued during the pendency of the
trial on the applicable offenses described in division
(C)(1)

(C)

of
section 2945.38 of the Revised Code.

(ii)
If the trial court determines that the defendant no longer is a
person with a mental illness subject to court order or a person with
an intellectual disability subject to institutionalization by court
order, the trial court shall order that the defendant's commitment to
the department of
mental
health and addiction services
behavioral
health
or
to an institution, facility, or program for the treatment of
intellectual disabilities shall not be continued during the pendency
of the trial on the applicable offenses described in division
(C)(1)

(C)

of
section 2945.38 of the Revised Code. This order shall be a final
termination of the commitment for purposes of division (J)(1)(c) of
this section.

(b)
If, at the conclusion of the hearing described in division (J)(2)(a)
of this section, the trial court determines that the defendant
remains incapable of understanding the nature and objective of the
proceedings against the defendant or of assisting in the defendant's
defense, the trial court shall order that the defendant continues to
be incompetent to stand trial, that the defendant's commitment to the
department of
mental
health and addiction services
behavioral
health
or
to an institution, facility, or program for the treatment of
intellectual disabilities shall be continued, and that the defendant
remains subject to the jurisdiction of the trial court pursuant to
that commitment, and to the provisions of this section, until the
final termination of the commitment as described in division (J)(1)
of this section.

Sec.
5120.101.
(A)
The department of rehabilitation and correction shall establish a
mental health and substance abuse community-based correctional
facility pilot program to expand mental health and substance abuse
treatment opportunities in community-based correctional facilities.

(B)
Under the mental health and substance abuse community-based
correctional facility pilot program, the department of rehabilitation
and correction shall do all of the following:

(1)
Identify existing locations within community-based correctional
facilities where residents in need of mental health or substance
abuse treatment may reside;

(2)
Acquire medications for mental health and substance abuse treatment
and provide those medications to residents in need of mental health
or substance abuse treatment in community-based correctional
facilities;

(3)
Hire staff that specialize in mental health and substance abuse
treatment and employ them in community-based correctional facilities.

Section
2.
That
existing sections 2945.37, 2945.38, 2945.39, and 2945.401 of the
Revised Code are hereby repealed.

Section
3.
All
items in this act are hereby appropriated as designated out of any
moneys in the state treasury to the credit of the designated fund.
For all operating appropriations made in this act, those in the first
column are for fiscal year 2026 and those in the second column are
for fiscal year 2027. The operating appropriations made in this act
are in addition to any other operating appropriations made for these
fiscal years.

Section
4.

1

2

3

4

5

A

DRC
DEPARTMENT OF REHABILITATION AND CORRECTION

B

Dedicated
Purpose Fund Group

C

5BQ1

501629

Mental
Health Community-Based Correctional Facility

$26,000,000

$0

D

TOTAL
DPF Dedicated Purpose Fund Group

$26,000,000

$0

E

TOTAL
ALL BUDGET FUND GROUPS

$26,000,000

$0

MENTAL
HEALTH COMMUNITY-BASED CORRECTIONAL FACILITY

The
foregoing appropriation item 501629, Mental Health Community-Based
Correctional Facility, shall be used by the Department of
Rehabilitation and Correction for the construction of a mental
health and substance abuse community-based correctional facility to
be located on state grounds in Lucas County and adjacent to the
existing Toledo Correctional Institution and Lucas County
Correctional Treatment Facility.

On
the effective date of this section, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$26,000,000 cash from the General Revenue Fund to the Mental Health
Community-Based Correctional Facility Fund (Fund 5BQ1), which is
hereby created in the state treasury.

Section
5.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, H.B. 96 of the 136th General Assembly.

Section
6.
Not
later than six months after the effective date of this section, the
Medicaid Director shall seek a federal demonstration waiver from the
United States Centers for Medicare and Medicaid services to provide
mental health and substance use disorder treatment services to
individuals participating in the mental health and substance abuse
community-based correctional facility pilot program authorized by
section 5120.101 of the Revised Code.

Section
7.
This
act shall be known as the Mental Health and Community Wellness Act.