Let criminal court make certain mental capacity determinations

hb935_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 935

2025-2026

Representative Williams

To
amend sections 149.43, 2101.24, 2108.90, 2945.38, 2945.39, 2945.401,
5122.01, 5122.02, 5122.03, 5122.05, 5122.09, 5122.10, 5122.11,
5122.111, 5122.112, 5122.12, 5122.13, 5122.14, 5122.141, 5122.15,
5122.20, 5122.23, 5122.25, 5122.26, 5122.27, 5122.271, 5122.29,
5122.31, 5122.311, 5122.35, 5122.36, 5122.38, 5122.41, 5122.43,
5123.01, 5123.21, 5123.39, 5123.57, 5123.58, 5123.61, 5123.70,
5123.71, 5123.73, 5123.74, 5123.75, 5123.76, 5123.79, 5123.81,
5123.811, 5123.86, 5123.89, 5123.92, 5123.95, 5123.96, and 5123.97

and to enact section 5122.051

of the Revised Code
to
allow a criminal court to determine whether a defendant is a mentally
ill person subject to a court order or a person with an intellectual
disability subject to institutionalization if the criminal court is
determining whether the defendant is competent to stand trial.

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

Section
1.
That
sections 149.43, 2101.24, 2108.90, 2945.38, 2945.39, 2945.401,
5122.01, 5122.02, 5122.03, 5122.05, 5122.09, 5122.10, 5122.11,
5122.111, 5122.112, 5122.12, 5122.13, 5122.14, 5122.141, 5122.15,
5122.20, 5122.23, 5122.25, 5122.26, 5122.27, 5122.271, 5122.29,
5122.31, 5122.311, 5122.35, 5122.36, 5122.38, 5122.41, 5122.43,
5123.01, 5123.21, 5123.39, 5123.57, 5123.58, 5123.61, 5123.70,
5123.71, 5123.73, 5123.74, 5123.75, 5123.76, 5123.79, 5123.81,
5123.811, 5123.86, 5123.89, 5123.92, 5123.95, 5123.96, and 5123.97

be amended and section 5122.051

of the Revised Code be
enacted

to
read as follows:

Sec.
149.43.
(A)
As used in this section:

(1)
"Public record" means records kept by any public office,
including, but not limited to, state, county, city, village,
township, and school district units, and records pertaining to the
delivery of educational services by an alternative school in this
state kept by the nonprofit or for-profit entity operating the
alternative school pursuant to section 3313.533 of the Revised Code.
"Public record" does not mean any of the following:

(a)
Medical records;

(b)
Records pertaining to probation and parole proceedings, to
proceedings related to the imposition of community control sanctions
and post-release control sanctions, or to proceedings related to
determinations under section 2967.271 of the Revised Code regarding
the release or maintained incarceration of an offender to whom that
section applies;

(c)
Records pertaining to actions under section 2151.85 and division (C)
of section 2919.121 of the Revised Code and to appeals of actions
arising under those sections;

(d)
Records pertaining to adoption proceedings, including the contents of
an adoption file maintained by the department of health under
sections 3705.12 to 3705.124 of the Revised Code;

(e)
Information in a record contained in the putative father registry
established by section 3107.062 of the Revised Code, regardless of
whether the information is held by the department of children and
youth or, pursuant to section 3111.69 of the Revised Code, the office
of child support in the department of job and family services or a
child support enforcement agency;

(f)
Records specified in division (A) of section 3107.52 of the Revised
Code;

(g)
Trial preparation records, prior to the conclusion of all direct
appeals or, if no appeal is filed, prior to the expiration of the
time during which an appeal may be filed, or, if no trial has
occurred, until the civil or criminal action or proceeding has ended
without the possibility of direct appeal or each agency, office, or
official responsible for the matter has made a decision not to
proceed with the matter;

(h)
Confidential law enforcement investigatory records;

(i)
Records containing information that is confidential under section
2710.03 or 4112.05 of the Revised Code;

(j)
DNA records stored in the DNA database pursuant to section 109.573 of
the Revised Code;

(k)
Inmate records under section 5120.21 of the Revised Code, except for
permitted disclosure of the information listed in division (E)(1) of
that section;

(l)
Records maintained by the department of youth services pertaining to
children in its custody released by the department of youth services
to the department of rehabilitation and correction pursuant to
section 5139.05 of the Revised Code;

(m)
Intellectual property records;

(n)
Donor profile records;

(o)
Records maintained by the department of job and family services
pursuant to section 3121.894 of the Revised Code;

(p)
Designated public service worker residential and familial
information;

(q)
In the case of a county hospital operated pursuant to Chapter 339. of
the Revised Code or a municipal hospital operated pursuant to Chapter
749. of the Revised Code, information that constitutes a trade
secret, as defined in section 1333.61 of the Revised Code;

(r)
Information pertaining to the recreational activities of a person
under the age of eighteen;

(s)
In the case of a child fatality review board acting under sections
307.621 to 307.629 of the Revised Code or a review conducted pursuant
to guidelines established by the director of health under section
3701.70 of the Revised Code, records provided to the board or
director, statements made by board members during meetings of the
board or by persons participating in the director's review, and all
work products of the board or director, and in the case of a child
fatality review board, child fatality review data submitted by the
board to the department of health or a national child death review
database, other than the report prepared pursuant to division (A) of
section 307.626 of the Revised Code;

(t)
Records provided to and statements made by the executive director of
a public children services agency or a prosecuting attorney acting
pursuant to section 5153.171 of the Revised Code other than the
information released under that section;

(u)
Test materials, examinations, or evaluation tools used in an
examination for licensure as a nursing home administrator that the
board of executives of long-term services and supports administers
under section 4751.15 of the Revised Code or contracts under that
section with a private or government entity to administer;

(v)
Records the release of which is prohibited by state or federal law;

(w)
Proprietary information of or relating to any person that is
submitted to or compiled by the Ohio venture capital authority
created under section 150.01 of the Revised Code;

(x)
Financial statements and data any person submits for any purpose to
the Ohio housing finance agency or the controlling board in
connection with applying for, receiving, or accounting for financial
assistance from the agency, and information that identifies any
individual who benefits directly or indirectly from financial
assistance from the agency;

(y)
Records listed in section 5101.29 of the Revised Code;

(z)
Discharges recorded with a county recorder under section 317.24 of
the Revised Code, as specified in division (B)(2) of that section;

(aa)
Usage information including names and addresses of specific
residential and commercial customers of a municipally owned or
operated public utility;

(bb)
Records described in division (C) of section 187.04 of the Revised
Code that are not designated to be made available to the public as
provided in that division;

(cc)
Information and records that are made confidential, privileged, and
not subject to disclosure under divisions (B) and (C) of section
2949.221 of the Revised Code;

(dd)
Personal information, as defined in section 149.45 of the Revised
Code;

(ee)
The confidential name, address, and other personally identifiable
information of a program participant in the address confidentiality
program established under sections 111.41 to 111.47 of the Revised
Code, including the contents of any application for absent voter's
ballots, absent voter's ballot identification envelope statement of
voter, or provisional ballot affirmation completed by a program
participant who has a confidential voter registration record; records
or portions of records pertaining to that program that identify the
number of program participants that reside within a precinct, ward,
township, municipal corporation, county, or any other geographic area
smaller than the state; and any real property confidentiality notice
filed under section 111.431 of the Revised Code and the information
described in division (C) of that section. As used in this division,
"confidential address" and "program participant"
have the meaning defined in section 111.41 of the Revised Code.

(ff)
Orders for active military service of an individual serving or with
previous service in the armed forces of the United States, including
a reserve component, or the Ohio organized militia, except that, such
order becomes a public record on the day that is fifteen years after
the published date or effective date of the call to order;

(gg)
The name, address, contact information, or other personal information
of an individual who is less than eighteen years of age that is
included in any record related to a traffic accident involving a
school vehicle in which the individual was an occupant at the time of
the accident;

(hh)
Protected health information, as defined in 45 C.F.R. 160.103, that
is in a claim for payment for a health care product, service, or
procedure, as well as any other health claims data in another
document that reveals the identity of an individual who is the
subject of the data or could be used to reveal that individual's
identity;

(ii)
Any depiction by photograph, film, videotape, or printed or digital
image under either of the following circumstances:

(i)
The depiction is that of a victim of an offense the release of which
would be, to a reasonable person of ordinary sensibilities, an
offensive and objectionable intrusion into the victim's expectation
of bodily privacy and integrity.

(ii)
The depiction captures or depicts the victim of a sexually oriented
offense, as defined in section 2950.01 of the Revised Code, at the
actual occurrence of that offense.

(jj)
Restricted portions of a body-worn camera or dashboard camera
recording;

(kk)
In the case of a fetal-infant mortality review board acting under
sections 3707.70 to 3707.77 of the Revised Code, records, documents,
reports, or other information presented to the board or a person
abstracting such materials on the board's behalf, statements made by
review board members during board meetings, all work products of the
board, and data submitted by the board to the department of health or
a national infant death review database, other than the report
prepared pursuant to section 3707.77 of the Revised Code.

(ll)
Records, documents, reports, or other information presented to the
pregnancy-associated mortality review board established under section
5180.27 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than the biennial
reports prepared under section 5180.277 of the Revised Code;

(mm)
Except as otherwise provided in division (A)(1)(oo) of this section,
telephone numbers for a victim, as defined in section 2930.01 of the
Revised Code or a witness to a crime that are listed on any law
enforcement record or report.

(nn)
A preneed funeral contract, as defined in section 4717.01 of the
Revised Code, and contract terms and personally identifying
information of a preneed funeral contract, that is contained in a
report submitted by or for a funeral home to the board of embalmers
and funeral directors under division (C) of section 4717.13, division
(J) of section 4717.31, or section 4717.41 of the Revised Code.

(oo)
Telephone numbers for a party to a motor vehicle accident subject to
the requirements of section 5502.11 of the Revised Code that are
listed on any law enforcement record or report, except that the
telephone numbers described in this division are not excluded from
the definition of "public record" under this division on
and after the thirtieth day after the occurrence of the motor vehicle
accident.

(pp)
Records pertaining to individuals who complete training under section
5502.703 of the Revised Code to be permitted by a school district
board of education or governing body of a community school
established under Chapter 3314. of the Revised Code, a STEM school
established under Chapter 3326. of the Revised Code, or a chartered
nonpublic school to convey deadly weapons or dangerous ordnance into
a school safety zone;

(qq)
Records, documents, reports, or other information presented to a
domestic violence fatality review board established under section
307.651 of the Revised Code, statements made by board members during
board meetings, all work products of the board, and data submitted by
the board to the department of health, other than a report prepared
pursuant to section 307.656 of the Revised Code;

(rr)
Records, documents, and information the release of which is
prohibited under sections 2930.04 and 2930.07 of the Revised Code;

(ss)
Records of an existing qualified nonprofit corporation that creates a
special improvement district under Chapter 1710. of the Revised Code
that do not pertain to a purpose for which the district is created;

(tt)
Educational support services data, as defined in section 3319.325 of
the Revised Code;

(uu)
Records of the past, current, and future work schedule of a
designated public service worker. As used in division (A)(1)(uu) of
this section, "work schedule" does not include the docket
of cases of a court, judge, or magistrate;

(vv)
A request form or confirmation letter submitted to a public office
under section 149.45 of the Revised Code;

(ww)
An affidavit or confirmation letter submitted under section 319.28 of
the Revised Code;

(xx)
License or certificate application or renewal responses and
supporting documentation submitted to the state medical board
regarding an applicant's, or a license or certificate holder's,
inability to practice according to acceptable and prevailing
standards of care by reason of a medical condition;

(yy)
Images and data captured by an automated license plate recognition
system that are maintained in a law enforcement database;

(zz)
Attorney work product record;

(aaa)
Any entry on the public calendar of an elected official that is for
any date that is after the date the record is requested;

(bbb)
Records pertaining to burial sites under section 149.3010 of the
Revised Code.

A
record that is not a public record under division (A)(1) of this
section and that, under law, is permanently retained becomes a public
record on the day that is seventy-five years after the day on which
the record was created, or in the case of a record that is not a
public record under division (A)(1)(uu) of this section that is
retained, three years after the day on which the record was created,
except for any record protected by the attorney-client privilege, a
trial preparation record as defined in this section, a statement
prohibiting the release of identifying information signed under
section 3107.083 of the Revised Code, a denial of release form filed
pursuant to section 3107.46 of the Revised Code, records pertaining
to burial sites under section 149.3010 of the Revised Code, or any
record that is exempt from release or disclosure under section
149.433 of the Revised Code. If the record is a birth certificate and
a biological parent's name redaction request form has been accepted
under section 3107.391 of the Revised Code, the name of that parent
shall be redacted from the birth certificate before it is released
under this paragraph. If any other section of the Revised Code
establishes a time period for disclosure of a record that conflicts
with the time period specified in this section, the time period in
the other section prevails.

(2)(a)
"Confidential law enforcement investigatory record" means
any record that pertains to a law enforcement matter of a criminal,
quasi-criminal, civil, or administrative nature, but only to the
extent that the release of the record would create a high probability
of disclosure of any of the following:

(i)
The identity of a suspect who has not been charged with the offense
to which the record pertains, or of an information source or witness
to whom confidentiality has been reasonably promised;

(ii)
Information provided by an information source or witness to whom
confidentiality has been reasonably promised, which information would
reasonably tend to disclose the source's or witness's identity;

(iii)
Specific confidential investigatory techniques or procedures or
specific investigatory work product;

(iv)
Information that would endanger the life or physical safety of law
enforcement personnel, a crime victim, a witness, or a confidential
information source.

(b)
As used in divisions (A)(2) and (18) of this section, "specific
investigatory work product" means information assembled by law
enforcement officials in connection with a probable or pending
criminal or civil proceeding, with the exception of routine incident
reports. "Specific investigatory work product" is not a
public record prior to the conclusion of all direct appeals, or, if
no appeal is filed, prior to the expiration of the time during which
an appeal may be filed, or, if no trial has occurred, until the
criminal or civil proceeding has ended without possibility of direct
appeal or each agency, office, or official responsible for the matter
has made a decision not to proceed with the matter.

(3)
"Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that is
generated and maintained in the process of medical treatment.

(4)
"Trial preparation record" means any record created by or
for another party or by or for that party's representative, in
reasonable anticipation of, or in defense of, a civil or criminal
action or proceeding, that is not a confidential law enforcement
investigatory record or attorney work product record and that
contains factual information that is specifically compiled for that
civil or criminal action or proceeding.

(5)
"Intellectual property record" means a record, other than a
financial or administrative record, that is produced or collected by
or for faculty or staff of a state institution of higher learning in
the conduct of or as a result of study or research on an educational,
commercial, scientific, artistic, technical, or scholarly issue,
regardless of whether the study or research was sponsored by the
institution alone or in conjunction with a governmental body or
private concern, and that has not been publicly released, published,
or patented.

(6)
"Donor profile record" means all records about donors or
potential donors to a public institution of higher education except
the names and reported addresses of the actual donors and the date,
amount, and conditions of the actual donation.

(7)
"Designated public service worker" means a peace officer,
parole officer, probation officer, bailiff, prosecuting attorney,
assistant prosecuting attorney, correctional employee, county or
multicounty corrections officer, community-based correctional
facility employee, designated Ohio national guard member, protective
services worker, youth services employee, firefighter, EMT, medical
director or member of a cooperating physician advisory board of an
emergency medical service organization, state board of pharmacy
employee, investigator of the bureau of criminal identification and
investigation, emergency service telecommunicator, forensic mental
health provider, mental health evaluation provider, regional
psychiatric hospital employee, judge, magistrate, or federal law
enforcement officer.

(8)
"Designated public service worker residential and familial
information" means any information that discloses any of the
following about a designated public service worker:

(a)
The address of the actual personal residence of a designated public
service worker, except for the following information:

(i)
The address of the actual personal residence of a prosecuting
attorney or judge; and

(ii)
The state or political subdivision in which a designated public
service worker resides.

(b)
Information compiled from referral to or participation in an employee
assistance program;

(c)
The social security number, the residential telephone number, any
bank account, debit card, charge card, or credit card number, or the
emergency telephone number of, or any medical information pertaining
to, a designated public service worker;

(d)
The name of any beneficiary of employment benefits, including, but
not limited to, life insurance benefits, provided to a designated
public service worker by the designated public service worker's
employer;

(e)
The identity and amount of any charitable or employment benefit
deduction made by the designated public service worker's employer
from the designated public service worker's compensation, unless the
amount of the deduction is required by state or federal law;

(f)
The name, the residential address, the name of the employer, the
address of the employer, the social security number, the residential
telephone number, any bank account, debit card, charge card, or
credit card number, or the emergency telephone number of the spouse,
a former spouse, or any child of a designated public service worker;

(g)
A photograph of a peace officer who holds a position or has an
assignment that may include undercover or plain clothes positions or
assignments as determined by the peace officer's appointing
authority.

(9)
As used in divisions (A)(7) and (15) to (17) of this section:

"Peace
officer" has the meaning defined in section 109.71 of the
Revised Code and also includes the superintendent and troopers of the
state highway patrol; it does not include the sheriff of a county or
a supervisory employee who, in the absence of the sheriff, is
authorized to stand in for, exercise the authority of, and perform
the duties of the sheriff.

"Correctional
employee" means any employee of the department of rehabilitation
and correction who in the course of performing the employee's job
duties has or has had contact with inmates and persons under
supervision.

"County
or multicounty corrections officer" means any corrections
officer employed by any county or multicounty correctional facility.

"Designated
Ohio national guard member" means a member of the Ohio national
guard who is participating in duties related to remotely piloted
aircraft, including, but not limited to, pilots, sensor operators,
and mission intelligence personnel, duties related to special forces
operations, or duties related to cybersecurity, and is designated by
the adjutant general as a designated public service worker for those
purposes.

"Protective
services worker" means any employee of a county agency who is
responsible for child protective services, child support services, or
adult protective services.

"Youth
services employee" means any employee of the department of youth
services who in the course of performing the employee's job duties
has or has had contact with children committed to the custody of the
department of youth services.

"Firefighter"
means any regular, paid or volunteer, member of a lawfully
constituted fire department of a municipal corporation, township,
fire district, or village.

"EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service organization.
"Emergency medical service organization," "EMT-basic,"
"EMT-I," and "paramedic" have the meanings
defined in section 4765.01 of the Revised Code.

"Investigator
of the bureau of criminal identification and investigation" has
the meaning defined in section 2903.11 of the Revised Code.

"Emergency
service telecommunicator" means an individual employed by an
emergency service provider as defined under section 128.01 of the
Revised Code, whose primary responsibility is to be an operator for
the receipt or processing of calls for emergency services made by
telephone, radio, or other electronic means.

"Forensic
mental health provider" means any employee of a community mental
health service provider or local alcohol, drug addiction, and mental
health services board who, in the course of the employee's duties,
has contact with persons committed to a local alcohol, drug
addiction, and mental health services board by a court order pursuant
to section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised
Code.

"Mental
health evaluation provider" means an individual who, under
Chapter 5122. of the Revised Code, examines a respondent who is
alleged to be a mentally ill person subject to court order, as
defined in section 5122.01 of the Revised Code, and reports to the
probate court
or
criminal court
the
respondent's mental condition.

"Regional
psychiatric hospital employee" means any employee of the
department of
mental
health and addiction services
behavioral
health
who,
in the course of performing the employee's duties, has contact with
patients committed to the department of
mental
health and addiction services
behavioral
health
by
a court order pursuant to section 2945.38, 2945.39, 2945.40, or
2945.402 of the Revised Code.

"Federal
law enforcement officer" has the meaning defined in section 9.88
of the Revised Code.

(10)
"Information pertaining to the recreational activities of a
person under the age of eighteen" means information that is kept
in the ordinary course of business by a public office, that pertains
to the recreational activities of a person under the age of eighteen
years, and that discloses any of the following:

(a)
The address or telephone number of a person under the age of eighteen
or the address or telephone number of that person's parent, guardian,
custodian, or emergency contact person;

(b)
The social security number, birth date, or photographic image of a
person under the age of eighteen;

(c)
Any medical record, history, or information pertaining to a person
under the age of eighteen;

(d)
Any additional information sought or required about a person under
the age of eighteen for the purpose of allowing that person to
participate in any recreational activity conducted or sponsored by a
public office or to use or obtain admission privileges to any
recreational facility owned or operated by a public office.

(11)
"Community control sanction" has the meaning defined in
section 2929.01 of the Revised Code.

(12)
"Post-release control sanction" has the meaning defined in
section 2967.01 of the Revised Code.

(13)
"Redaction" means obscuring or deleting any information
that is exempt from the duty to permit public inspection or copying
from an item that otherwise meets the definition of a "record"
in section 149.011 of the Revised Code.

(14)
"Designee," "elected official," and "future
official" have the meanings defined in section 109.43 of the
Revised Code.

(15)
"Body-worn camera" means a visual and audio recording
device worn on the person of a correctional employee, youth services
employee, or peace officer while the correctional employee, youth
services employee, or peace officer is engaged in the performance of
official duties.

(16)
"Dashboard camera" means a visual and audio recording
device mounted on a peace officer's vehicle or vessel that is used
while the peace officer is engaged in the performance of the peace
officer's duties.

(17)
"Restricted portions of a body-worn camera or dashboard camera
recording" means any visual or audio portion of a body-worn
camera or dashboard camera recording that shows, communicates, or
discloses any of the following:

(a)
The image or identity of a child or information that could lead to
the identification of a child who is a primary subject of the
recording when the department of rehabilitation and correction,
department of youth services, or the law enforcement agency knows or
has reason to know the person is a child based on the department's or
law enforcement agency's records or the content of the recording;

(b)
The death of a person or a deceased person's body, unless the death
was caused by a correctional employee, youth services employee, or
peace officer or, subject to division (H)(1) of this section, the
consent of the decedent's executor or administrator has been
obtained;

(c)
The death of a correctional employee, youth services employee, peace
officer, firefighter, paramedic, or other first responder, occurring
while the decedent was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the decedent's executor or administrator has been obtained;

(d)
Grievous bodily harm, unless the injury was effected by a
correctional employee, youth services employee, or peace officer or,
subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;

(e)
An act of severe violence against a person that results in serious
physical harm to the person, unless the act and injury was effected
by a correctional employee, youth services employee, or peace officer
or, subject to division (H)(1) of this section, the consent of the
injured person or the injured person's guardian has been obtained;

(f)
Grievous bodily harm to a correctional employee, youth services
employee, peace officer, firefighter, paramedic, or other first
responder, occurring while the injured person was engaged in the
performance of official duties, unless, subject to division (H)(1) of
this section, the consent of the injured person or the injured
person's guardian has been obtained;

(g)
An act of severe violence resulting in serious physical harm against
a correctional employee, youth services employee, peace officer,
firefighter, paramedic, or other first responder, occurring while the
injured person was engaged in the performance of official duties,
unless, subject to division (H)(1) of this section, the consent of
the injured person or the injured person's guardian has been
obtained;

(h)
A person's nude body, unless, subject to division (H)(1) of this
section, the person's consent has been obtained;

(i)
Protected health information, the identity of a person in a health
care facility who is not the subject of a correctional, youth
services, or law enforcement encounter, or any other information in a
health care facility that could identify a person who is not the
subject of a correctional, youth services, or law enforcement
encounter;

(j)
Information that could identify the alleged victim of a sex offense,
menacing by stalking, or domestic violence;

(k)
Information, that does not constitute a confidential law enforcement
investigatory record, that could identify a person who provides
sensitive or confidential information to the department of
rehabilitation and correction, the department of youth services, or a
law enforcement agency when the disclosure of the person's identity
or the information provided could reasonably be expected to threaten
or endanger the safety or property of the person or another person;

(l)
Personal information of a person who is not arrested, cited, charged,
or issued a written warning by a peace officer;

(m)
Proprietary correctional, youth services, or police contingency plans
or tactics that are intended to prevent crime and maintain public
order and safety;

(n)
A personal conversation unrelated to work between correctional
employees, youth services employees, or peace officers or between a
correctional employee, youth services employee, or peace officer and
an employee of a law enforcement agency;

(o)
A conversation between a correctional employee, youth services
employee, or peace officer and a member of the public that does not
concern correctional, youth services, or law enforcement activities;

(p)
The interior of a residence, unless the interior of a residence is
the location of an adversarial encounter with, or a use of force by,
a correctional employee, youth services employee, or peace officer;

(q)
Any portion of the interior of a private business that is not open to
the public, unless an adversarial encounter with, or a use of force
by, a correctional employee, youth services employee, or peace
officer occurs in that location.

As
used in division (A)(17) of this section:

"Grievous
bodily harm" has the same meaning as in section 5924.120 of the
Revised Code.

"Health
care facility" has the same meaning as in section 1337.11 of the
Revised Code.

"Protected
health information" has the same meaning as in 45 C.F.R.
160.103.

"Law
enforcement agency" means a government entity that employs peace
officers to perform law enforcement duties.

"Personal
information" means any government-issued identification number,
date of birth, address, financial information, or criminal justice
information from the law enforcement automated data system or similar
databases.

"Sex
offense" has the same meaning as in section 2907.10 of the
Revised Code.

"Firefighter,"
"paramedic," and "first responder" have the same
meanings as in section 4765.01 of the Revised Code.

(18)
"Attorney work product record" means a record that is not
specific investigatory work product or a trial preparation record and
that is created by an attorney, or by the agent of an attorney, in
reasonable anticipation of or for litigation, trial, or
administrative proceedings, when acting in an official capacity on
behalf of the state, a political subdivision of the state, a state
agency, a public official, or a public employee, that documents the
independent thought processes, mental impressions, legal theories,
strategies, analysis, or reasoning of an attorney or the agent of an
attorney.

(19)
"Elected official" means a person who is elected or
appointed to an elective office of the state or a political
subdivision.

(20)
"Public calendar" means a calendar or appointment book
maintained by an elected official to schedule the elected official's
activities in relation to the elected official's position as an
elected official. "Public calendar" does not include a
personal calendar or appointment book maintained solely for an
elected official's personal convenience that does not serve to
document the elected official's official activities or functions or
the official activities or functions of the elected official's public
office.

(B)(1)
Upon request by any person and subject to division (B)(8) of this
section, all public records responsive to the request shall be
promptly prepared and made available for inspection to the requester
at all reasonable times during regular business hours. Subject to
division (B)(8) of this section, upon request by any person, a public
office or person responsible for public records shall make copies of
the requested public record available to the requester at cost and
within a reasonable period of time.

When
considering whether a state or local law enforcement agency or a
prosecuting attorney's office promptly prepared a video record for
inspection or produced a copy of a video record within a reasonable
period of time, in addition to any other factors, a court shall
consider the time required for a state or local law enforcement
agency or a prosecuting attorney's office to retrieve, download,
review, redact, seek legal advice regarding, and produce the video
record. Except as specified in division (B)(11) of this section,
notwithstanding any other requirement set forth in Chapter 149. of
the Revised Code, a state or local law enforcement agency or a
prosecuting attorney's office may charge a requester the actual cost
associated with preparing a video record for inspection or
production, not to exceed seventy-five dollars per hour of video
produced, nor seven hundred fifty dollars total. As used in this
division, "actual cost," with respect to video records
only, means all costs incurred by the state or local law enforcement
agency or a prosecuting attorney's office in reviewing, blurring or
otherwise obscuring, redacting, uploading, or producing the video
records, including but not limited to the storage medium on which the
record is produced, staff time, and any other relevant overhead
necessary to comply with the request. A state or local law
enforcement agency or a prosecuting attorney's office may include in
its public records policy the requirement that a requester pay the
estimated actual cost before beginning the process of preparing a
video record for inspection or production. Where a state or local law
enforcement agency or a prosecuting attorney's office imposes such a
requirement, its obligation to produce a video or make it available
for inspection begins once the estimated actual cost is paid in full
by the requester. A state or local law enforcement agency or a
prosecuting attorney's office shall provide the requester with the
estimated actual cost within five business days of receipt of the
public records request. If the actual cost exceeds the estimated
actual cost, a state or local law enforcement agency or a prosecuting
attorney's office may charge a requester for the difference upon
fulfilling a request for video records if the requester is notified
in advance that the actual cost may be up to twenty per cent higher
than the estimated actual cost. A state or local law enforcement
agency or a prosecuting attorney's office shall not charge a
requester a difference that exceeds twenty per cent of the estimated
actual cost.

If
a public record contains information that is exempt from the duty to
permit public inspection or to copy the public record, the public
office or the person responsible for the public record shall make
available all of the information within the public record that is not
exempt. When making that public record available for public
inspection or copying that public record, the public office or the
person responsible for the public record shall notify the requester
of any redaction or make the redaction plainly visible. A redaction
shall be deemed a denial of a request to inspect or copy the redacted
information, except if federal or state law authorizes or requires a
public office to make the redaction. When the auditor of state
receives a request to inspect or to make a copy of a record that was
provided to the auditor of state for purposes of an audit, but the
original public office has asserted to the auditor of state that the
record is not a public record, the auditor of state may handle the
requests by directing the requestor to the original public office
that provided the record to the auditor of state.

(2)
To facilitate broader access to public records, a public office or
the person responsible for public records shall organize and maintain
public records in a manner that they can be made available for
inspection or copying in accordance with division (B) of this
section. A public office also shall have available a copy of its
current records retention schedule at a location readily available to
the public. If a requester makes an ambiguous or overly broad request
or has difficulty in making a request for copies or inspection of
public records under this section such that the public office or the
person responsible for the requested public record cannot reasonably
identify what public records are being requested, the public office
or the person responsible for the requested public record may deny
the request but shall provide the requester with an opportunity to
revise the request by informing the requester of the manner in which
records are maintained by the public office and accessed in the
ordinary course of the public office's or person's duties.

(3)
If a request is ultimately denied, in part or in whole, the public
office or the person responsible for the requested public record
shall provide the requester with an explanation, including legal
authority, setting forth why the request was denied. If the initial
request was provided in writing, the explanation also shall be
provided to the requester in writing. The explanation shall not
preclude the public office or the person responsible for the
requested public record from relying upon additional reasons or legal
authority in defending an action commenced under division (C) of this
section.

(4)
Unless specifically required or authorized by state or federal law or
in accordance with division (B) of this section, no public office or
person responsible for public records may limit or condition the
availability of public records by requiring disclosure of the
requester's identity or the intended use of the requested public
record. Any requirement that the requester disclose the requester's
identity or the intended use of the requested public record
constitutes a denial of the request.

(5)
A public office or person responsible for public records may ask a
requester to make the request in writing, may ask for the requester's
identity, and may inquire about the intended use of the information
requested, but may do so only after disclosing to the requester that
a written request is not mandatory, that the requester may decline to
reveal the requester's identity or the intended use, and when a
written request or disclosure of the identity or intended use would
benefit the requester by enhancing the ability of the public office
or person responsible for public records to identify, locate, or
deliver the public records sought by the requester.

(6)
If any person requests a copy of a public record in accordance with
division (B) of this section, the public office or person responsible
for the public record may require the requester to pay in advance the
cost involved in providing the copy of the public record in
accordance with the choice made by the requester under this division.
The public office or the person responsible for the public record
shall permit the requester to choose to have the public record
duplicated upon paper, upon the same medium upon which the public
office or person responsible for the public record keeps it, or upon
any other medium upon which the public office or person responsible
for the public record determines that it reasonably can be duplicated
as an integral part of the normal operations of the public office or
person responsible for the public record. When the requester makes a
choice under this division, the public office or person responsible
for the public record shall provide a copy of it in accordance with
the choice made by the requester. Nothing in this section requires a
public office or person responsible for the public record to allow
the requester of a copy of the public record to make the copies of
the public record.

(7)(a)
Upon a request made in accordance with division (B) of this section
and subject to division (B)(6) of this section, a public office or
person responsible for public records shall transmit a copy of a
public record to any person by United States mail or by any other
means of delivery or transmission within a reasonable period of time
after receiving the request for the copy. The public office or person
responsible for the public record may require the person making the
request to pay in advance the cost of postage if the copy is
transmitted by United States mail or the cost of delivery if the copy
is transmitted other than by United States mail, and to pay in
advance the costs incurred for other supplies used in the mailing,
delivery, or transmission.

(b)
Any public office may adopt a policy and procedures that it will
follow in transmitting, within a reasonable period of time after
receiving a request, copies of public records by United States mail
or by any other means of delivery or transmission pursuant to
division (B)(7) of this section. A public office that adopts a policy
and procedures under division (B)(7) of this section shall comply
with them in performing its duties under that division.

(c)
In any policy and procedures adopted under division (B)(7) of this
section:

(i)
A public office may limit the number of records requested by a person
that the office will physically deliver by United States mail or by
another delivery service to ten per month, unless the person
certifies to the office in writing that the person does not intend to
use or forward the requested records, or the information contained in
them, for commercial purposes;

(ii)
A public office that chooses to provide some or all of its public
records on a web site that is fully accessible to and searchable by
members of the public at all times, other than during acts of God
outside the public office's control or maintenance, and that charges
no fee to search, access, download, or otherwise receive records
provided on the web site, may limit to ten per month the number of
records requested by a person that the office will deliver in a
digital format, unless the requested records are not provided on the
web site and unless the person certifies to the office in writing
that the person does not intend to use or forward the requested
records, or the information contained in them, for commercial
purposes.

(iii)
For purposes of division (B)(7) of this section, "commercial"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.

(8)
A public office or person responsible for public records is not
required to permit a person who is incarcerated pursuant to a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a criminal
investigation or prosecution if the subject of the investigation or
prosecution were an adult, unless the request to inspect or to obtain
a copy of the record is for the purpose of acquiring information that
is subject to release as a public record under this section and the
judge who imposed the sentence or made the adjudication with respect
to the person, or the judge's successor in office, finds that the
information sought in the public record is necessary to support what
appears to be a justiciable claim of the person. As used in this
division, "public record concerning a criminal investigation or
prosecution or concerning what would be a criminal investigation or
prosecution if the subject of the investigation were an adult"
includes, but is not limited to, personnel files and payroll and
attendance records of designated public service workers.

(9)(a)
Upon written request made and signed by a journalist, a public
office, or person responsible for public records, having custody of
the records of the agency employing a specified designated public
service worker shall disclose to the journalist the address of the
actual personal residence of the designated public service worker
and, if the designated public service worker's spouse, former spouse,
or child is employed by a public office, the name and address of the
employer of the designated public service worker's spouse, former
spouse, or child, and any past, current, and future work schedules of
the designated public service worker. The request shall include the
journalist's name and title and the name and address of the
journalist's employer and shall state that disclosure of the
information sought would be in the public interest.

(b)
Division (B)(9)(a) of this section also applies to journalist
requests for:

(i)
Customer information maintained by a municipally owned or operated
public utility, other than social security numbers and any private
financial information such as credit reports, payment methods, credit
card numbers, and bank account information;

(ii)
Information about minors involved in a school vehicle accident as
provided in division (A)(1)(gg) of this section, other than personal
information as defined in section 149.45 of the Revised Code;

(iii)
A request form submitted to a public office under section 149.45 of
the Revised Code;

(iv)
An affidavit submitted under section 319.28 of the Revised Code.

(c)
As used in division (B)(9) of this section, "journalist"
means a person engaged in, connected with, or employed by any news
medium, including a newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a similar
medium, for the purpose of gathering, processing, transmitting,
compiling, editing, or disseminating information for the general
public.

(10)
Upon a request made by a victim, victim's attorney, or victim's
representative, as that term is used in section 2930.02 of the
Revised Code, a public office or person responsible for public
records shall transmit a copy of a depiction of the victim as
described in division (A)(1)(ii) of this section to the victim,
victim's attorney, or victim's representative.

(11)
A state or local law enforcement agency or a prosecuting attorney's
office shall not charge a fee for preparing a video record for
inspection, or producing a copy of a video record, when the requester
of the video record is a victim, as defined in Ohio Constitution,
Article I, Section 10a, or who is a victim who suffered loss and
could seek remedy through a tort action as defined by section
2307.011 of the Revised Code, who reasonably asserts that the video
recording relates to the act or omission that caused the victim's
harm or loss, or who is the legal counsel or insurer of the victim. A
fee under this section may only be waived upon the receipt of an
affidavit by the victim or the victim's legal counsel identifying
that the use of the video is to investigate harm or damages that may
have been captured on the video.

As
used in this division, "legal counsel of the victim" means
an attorney who, at the time of making the request, produces to the
state or local law enforcement agency or a prosecuting attorney's
office a signed retention agreement or letter of representation that
establishes that the attorney is representing the victim.

(C)(1)
If a person allegedly is aggrieved by the failure of a public office
or the person responsible for public records to promptly prepare a
public record and to make it available to the person for inspection
in accordance with division (B) of this section or by any other
failure of a public office or the person responsible for public
records to comply with an obligation in accordance with division (B)
of this section, the person allegedly aggrieved may serve pursuant to
Rule 4 of the Ohio Rules of Civil Procedure a complaint, on a form
prescribed by the clerk of the court of claims, to the public office
or person responsible for public records allegedly responsible for
the alleged failure. Upon receipt of the complaint of the person
allegedly aggrieved, the public office or person responsible for
public records has three business days to cure or otherwise address
the failure alleged in the complaint. The person allegedly aggrieved
shall not file a complaint with a court or commence a mandamus action
under this section within the three-day period. Upon the expiration
of the three-day period, the person allegedly aggrieved may, subject
to the requirements of division (C)(2) of this section, do only one
of the following, and not both:

(a)
File a complaint with the clerk of the court of claims or the clerk
of the court of common pleas under section 2743.75 of the Revised
Code;

(b)
Commence a mandamus action to obtain a judgment that orders the
public office or the person responsible for the public record to
comply with division (B) of this section, that awards court costs and
reasonable attorney's fees to the person that instituted the mandamus
action, and, if applicable, that includes an order fixing statutory
damages under division (C)(3) of this section. The mandamus action
may be commenced in the court of common pleas of the county in which
division (B) of this section allegedly was not complied with, in the
supreme court pursuant to its original jurisdiction under Section 2
of Article IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section allegedly
was not complied with pursuant to its original jurisdiction under
Section 3 of Article IV, Ohio Constitution.

(2)
Upon filing a complaint or mandamus action with a court under
divisions (C)(1)(a) or (b) of this section, a person allegedly
aggrieved shall file with the court, in conjunction with the person's
complaint or petition, a written affirmation stating that the person
properly transmitted a complaint to the public office or person
responsible for public records, the failure alleged in the complaint
has not been cured or otherwise resolved to the person's
satisfaction, and that the complaint was transmitted to the public
office or person responsible for public records at least three
business days before the filing of the suit. If the person fails to
file an affirmation pursuant to this division, the suit shall be
dismissed.

(3)
If a requester transmits a written request by hand delivery,
electronic submission, or certified mail to inspect or receive copies
of any public record in a manner that fairly describes the public
record or class of public records to the public office or person
responsible for the requested public records, except as otherwise
provided in this section, the requester shall be entitled to recover
the amount of statutory damages set forth in this division if a court
determines that the public office or the person responsible for
public records failed to comply with an obligation in accordance with
division (B) of this section. Statutory damages are not available
pursuant to this section to a person committed to the custody of the
department of rehabilitation and correction or the United States
bureau of prisons, or a child committed to the department of youth
services as permitted in Chapter 2152. of the Revised Code.

The
amount of statutory damages shall be fixed at one hundred dollars for
each business day during which the public office or person
responsible for the requested public records failed to comply with an
obligation in accordance with division (B) of this section, beginning
with the day on which the requester files a mandamus action to
recover statutory damages, up to a maximum of one thousand dollars.
The award of statutory damages shall not be construed as a penalty,
but as compensation for injury arising from lost use of the requested
information. The existence of this injury shall be conclusively
presumed. The award of statutory damages shall be in addition to all
other remedies authorized by this section.

The
court may reduce an award of statutory damages or not award statutory
damages if the court determines both of the following:

(a)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;

(b)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.

(4)
In a mandamus action filed under division (C)(1) of this section, the
following apply:

(a)(i)
If the court orders the public office or the person responsible for
the public record to comply with division (B) of this section, the
court shall determine and award to the relator all court costs, which
shall be construed as remedial and not punitive.

(ii)
If the court makes a determination described in division
(C)(4)(b)(iii) of this section, the court shall determine and award
to the relator all court costs, which shall be construed as remedial
and not punitive.

(b)
If the court renders a judgment that orders the public office or the
person responsible for the public record to comply with division (B)
of this section or if the court determines any of the following, the
court may award reasonable attorney's fees to the relator, subject to
division (C)(5) of this section:

(i)
The public office or the person responsible for the public records
failed to respond affirmatively or negatively to the public records
request in accordance with the time allowed under division (B) of
this section.

(ii)
The public office or the person responsible for the public records
promised to permit the relator to inspect or receive copies of the
public records requested within a specified period of time but failed
to fulfill that promise within that specified period of time.

(iii)
The public office or the person responsible for the public records
acted in bad faith when the office or person voluntarily made the
public records available to the relator for the first time after the
relator commenced the mandamus action, but before the court issued
any order concluding whether or not the public office or person was
required to comply with division (B) of this section. No discovery
may be conducted on the issue of the alleged bad faith of the public
office or person responsible for the public records. This division
shall not be construed as creating a presumption that the public
office or the person responsible for the public records acted in bad
faith when the office or person voluntarily made the public records
available to the relator for the first time after the relator
commenced the mandamus action, but before the court issued any order
described in this division.

(c)
The court shall not award attorney's fees to the relator if the court
determines both of the following:

(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the conduct or threatened conduct of the
public office or person responsible for the requested public records
that allegedly constitutes a failure to comply with an obligation in
accordance with division (B) of this section and that was the basis
of the mandamus action, a well-informed public office or person
responsible for the requested public records reasonably would believe
that the conduct or threatened conduct of the public office or person
responsible for the requested public records did not constitute a
failure to comply with an obligation in accordance with division (B)
of this section;

(ii)
That a well-informed public office or person responsible for the
requested public records reasonably would believe that the conduct or
threatened conduct of the public office or person responsible for the
requested public records would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.

(5)
All of the following apply to any award of reasonable attorney's fees
awarded under division (C)(4)(b) of this section:

(a)
The fees shall be construed as remedial and not punitive.

(b)
The fees awarded shall not exceed the total of the reasonable
attorney's fees incurred before the public record was made available
to the relator and the fees described in division (C)(5)(c) of this
section.

(c)
Reasonable attorney's fees shall include reasonable fees incurred to
produce proof of the reasonableness and amount of the fees and to
otherwise litigate entitlement to the fees.

(d)
The court may reduce the amount of fees awarded if the court
determines that, given the factual circumstances involved with the
specific public records request, an alternative means should have
been pursued to more effectively and efficiently resolve the dispute
that was subject to the mandamus action filed under division (C)(1)
of this section.

(6)
If the court does not issue a writ of mandamus under division (C) of
this section and the court determines at that time that the bringing
of the mandamus action was frivolous conduct as defined in division
(A) of section 2323.51 of the Revised Code, the court may award to
the public office all court costs, expenses, and reasonable
attorney's fees, as determined by the court.

(D)
Chapter 1347. of the Revised Code does not limit the provisions of
this section.

(E)(1)
To ensure that all employees of public offices are appropriately
educated about a public office's obligations under division (B) of
this section, all elected officials or their appropriate designees
shall attend training approved by the attorney general as provided in
section 109.43 of the Revised Code. A future official may satisfy the
requirements of this division by attending the training before taking
office, provided that the future official may not send a designee in
the future official's place.

(2)
All public offices shall adopt a public records policy in compliance
with this section for responding to public records requests. In
adopting a public records policy under this division, a public office
may obtain guidance from the model public records policy developed
and provided to the public office by the attorney general under
section 109.43 of the Revised Code. Except as otherwise provided in
this section, the policy may not limit the number of public records
that the public office will make available to a single person, may
not limit the number of public records that it will make available
during a fixed period of time, and may not establish a fixed period
of time before it will respond to a request for inspection or copying
of public records, unless that period is less than eight hours.

The
public office shall distribute the public records policy adopted by
the public office under this division to the employee of the public
office who is the records custodian or records manager or otherwise
has custody of the records of that office. The public office shall
require that employee to acknowledge receipt of the copy of the
public records policy. The public office shall create a poster that
describes its public records policy and shall post the poster in a
conspicuous place in the public office and in all locations where the
public office has branch offices. The public office may post its
public records policy on the internet web site of the public office
if the public office maintains an internet web site. A public office
that has established a manual or handbook of its general policies and
procedures for all employees of the public office shall include the
public records policy of the public office in the manual or handbook.

(F)(1)
The bureau of motor vehicles may adopt rules pursuant to Chapter 119.
of the Revised Code to reasonably limit the number of bulk commercial
special extraction requests made by a person for the same records or
for updated records during a calendar year. The rules may include
provisions for charges to be made for bulk commercial special
extraction requests for the actual cost of the bureau, plus special
extraction costs, plus ten per cent. The bureau may charge for
expenses for redacting information, the release of which is
prohibited by law.

(2)
As used in division (F)(1) of this section:

(a)
"Actual cost" means the cost of depleted supplies, records
storage media costs, actual mailing and alternative delivery costs,
or other transmitting costs, and any direct equipment operating and
maintenance costs, including actual costs paid to private contractors
for copying services.

(b)
"Bulk commercial special extraction request" means a
request for copies of a record for information in a format other than
the format already available, or information that cannot be extracted
without examination of all items in a records series, class of
records, or database by a person who intends to use or forward the
copies for surveys, marketing, solicitation, or resale for commercial
purposes. "Bulk commercial special extraction request" does
not include a request by a person who gives assurance to the bureau
that the person making the request does not intend to use or forward
the requested copies for surveys, marketing, solicitation, or resale
for commercial purposes.

(c)
"Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.

(d)
"Special extraction costs" means the cost of the time spent
by the lowest paid employee competent to perform the task, the actual
amount paid to outside private contractors employed by the bureau, or
the actual cost incurred to create computer programs to make the
special extraction. "Special extraction costs" include any
charges paid to a public agency for computer or records services.

(3)
For purposes of divisions (F)(1) and (2) of this section, "surveys,
marketing, solicitation, or resale for commercial purposes"
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist citizen
oversight or understanding of the operation or activities of
government, or nonprofit educational research.

(G)
A request by a defendant, counsel of a defendant, or any agent of a
defendant in a criminal action that public records related to that
action be made available under this section shall be considered a
demand for discovery pursuant to the Criminal Rules, except to the
extent that the Criminal Rules plainly indicate a contrary intent.
The defendant, counsel of the defendant, or agent of the defendant
making a request under this division shall serve a copy of the
request on the prosecuting attorney, director of law, or other chief
legal officer responsible for prosecuting the action.

(H)(1)
Any portion of a body-worn camera or dashboard camera recording
described in divisions (A)(17)(b) to (h) of this section may be
released by consent of the subject of the recording or a
representative of that person, as specified in those divisions, only
if either of the following applies:

(a)
The recording will not be used in connection with any probable or
pending criminal proceedings;

(b)
The recording has been used in connection with a criminal proceeding
that was dismissed or for which a judgment has been entered pursuant
to Rule 32 of the Rules of Criminal Procedure, and will not be used
again in connection with any probable or pending criminal
proceedings.

(2)
If a public office denies a request to release a restricted portion
of a body-worn camera or dashboard camera recording, as defined in
division (A)(17) of this section, any person may file a mandamus
action pursuant to this section or a complaint with the clerk of the
court of claims pursuant to section 2743.75 of the Revised Code,
requesting the court to order the release of all or portions of the
recording. If the court considering the request determines that the
filing articulates by clear and convincing evidence that the public
interest in the recording substantially outweighs privacy interests
and other interests asserted to deny release, the court shall order
the public office to release the recording.

Sec.
2101.24.
(A)(1)
(A)
"Criminal court" has the same meaning as in section 5122.01
of the Revised Code.

(B)(1)

Except as otherwise provided by law, the probate court has exclusive
jurisdiction:

(a)
To take the proof of wills and to admit to record authenticated
copies of wills executed, proved, and allowed in the courts of any
other state, territory, or country. If the probate judge is
unavoidably absent, any judge of the court of common pleas may take
proof of wills and approve bonds to be given, but the record of these
acts shall be preserved in the usual records of the probate court.

(b)
To grant and revoke letters testamentary and of administration;

(c)
To direct and control the conduct and settle the accounts of
executors and administrators and order the distribution of estates;

(d)
To appoint the attorney general to serve as the administrator of an
estate pursuant to section 2113.06 of the Revised Code;

(e)
To appoint and remove guardians, conservators, and testamentary
trustees, direct and control their conduct, and settle their
accounts;

(f)
To grant marriage licenses;

(g)
To make inquests respecting persons who are so mentally impaired as a
result of a mental or physical illness or disability, as a result of
intellectual disability, or as a result of chronic substance abuse,
that they are unable to manage their property and affairs
effectively, subject to guardianship;

(h)
To qualify assignees, appoint and qualify trustees and commissioners
of insolvents, control their conduct, and settle their accounts;

(i)
To authorize the sale of lands, equitable estates, or interests in
lands or equitable estates, and the assignments of inchoate dower in
such cases of sale, on petition by executors, administrators, and
guardians;

(j)
To authorize the completion of real property contracts on petition of
executors and administrators;

(k)
To construe wills;

(l)
To render declaratory judgments, including, but not limited to, those
rendered pursuant to Chapter 5817. of the Revised Code;

(m)
To direct and control the conduct of fiduciaries and settle their
accounts;

(n)
To authorize the sale or lease of any estate created by will if the
estate is held in trust, on petition by the trustee;

(o)
To terminate a testamentary trust in any case in which a court of
equity may do so;

(p)
To hear and determine actions to contest the validity of wills;

(q)
To make a determination of the presumption of death of missing
persons and to adjudicate the property rights and obligations of all
parties affected by the presumption;

(r)
To act for and issue orders regarding wards pursuant to section
2111.50 of the Revised Code;

(s)
To hear and determine actions against sureties on the bonds of
fiduciaries appointed by the probate court;

(t)

To
hear and determine actions involving informed consent for medication
of persons hospitalized pursuant to section 5122.141 or 5122.15 of
the Revised Code;

(u)

To
hear and determine actions relating to durable powers of attorney for
health care as described in division (D) of section 1337.16 of the
Revised Code;

(v)
(u)

To hear and determine actions commenced by objecting individuals, in
accordance with section 2133.05 of the Revised Code;

(w)
(v)

To hear and determine complaints that pertain to the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment in connection with certain patients allegedly in a terminal
condition or in a permanently unconscious state pursuant to division
(E) of section 2133.08 of the Revised Code, in accordance with that
division;

(x)
(w)

To hear and determine applications that pertain to the withholding or
withdrawal of nutrition and hydration from certain patients allegedly
in a permanently unconscious state pursuant to section 2133.09 of the
Revised Code, in accordance with that section;

(y)
(x)

To hear and determine applications of attending physicians in
accordance with division (B) of section 2133.15 of the Revised Code;

(z)
(y)

To hear and determine actions relative to the use or continuation of
comfort care in connection with certain principals under durable
powers of attorney for health care, declarants under declarations, or
patients in accordance with division (E) of either section 1337.16 or
2133.12 of the Revised Code;

(aa)
(z)

To hear and determine applications for an order relieving an estate
from administration under section 2113.03 of the Revised Code;

(bb)
(aa)

To hear and determine applications for an order granting a summary
release from administration under section 2113.031 of the Revised
Code;

(cc)
(bb)

To hear and determine actions relating to the exercise of the right
of disposition, in accordance with section 2108.90 of the Revised
Code;

(dd)
(cc)

To hear and determine actions relating to the disinterment and
reinterment of human remains under section 517.23 of the Revised
Code;

(ee)
(dd)

To hear and determine petitions for an order for treatment of a
person experiencing alcohol and other drug abuse filed under section
5119.93 of the Revised Code and to order treatment of that nature in
accordance with, and take other actions afforded to the court under,
sections 5119.90 to 5119.98 of the Revised Code;

(ff)
(ee)

To hear and determine petitions for adoption.

(2)
In addition to the exclusive jurisdiction conferred upon the probate
court by division
(A)(1)
(B)(1)

of this section, the probate court shall have exclusive jurisdiction
over a particular subject matter if both of the following apply:

(a)
Another section of the Revised Code expressly confers jurisdiction
over that subject matter upon the probate court.

(b)
No section of the Revised Code expressly confers jurisdiction over
that subject matter upon any other court or agency.

(B)(1)
(C)(1)

The probate court has concurrent jurisdiction with, and the same
powers at law and in equity as, the general division of the court of
common pleas to issue writs and orders, and to hear and determine
actions as follows:

(a)
If jurisdiction relative to a particular subject matter is stated to
be concurrent in a section of the Revised Code or has been construed
by judicial decision to be concurrent, any action that involves that
subject matter;

(b)
Any action that involves an inter vivos trust; a trust created
pursuant to section 5815.28 of the Revised Code; a charitable trust
or foundation; subject to
divisions
(A)(1)(t)

and
(y)
division
(B)(1)(x)

of this section, a power of attorney, including, but not limited to,
a durable power of attorney; the medical treatment of a competent
adult; or a writ of habeas corpus;

(c)
Subject to section 2101.31 of the Revised Code, any action with
respect to a probate estate, guardianship, trust, or post-death
dispute that involves any of the following:

(i)
A designation or removal of a beneficiary of a life insurance policy,
annuity contract, retirement plan, brokerage account, security
account, bank account, real property, or tangible personal property;

(ii)
A designation or removal of a payable-on-death beneficiary or
transfer-on-death beneficiary;

(iii)
A change in the title to any asset involving a joint and survivorship
interest;

(iv)
An alleged gift;

(v)
The passing of assets upon the death of an individual otherwise than
by will, intestate succession, or trust.

(2)
Any action that involves a concurrent jurisdiction subject matter and
that is before the probate court may be transferred by the probate
court, on its order, to the general division of the court of common
pleas.

(3)
Notwithstanding that the probate court has exclusive jurisdiction to
render declaratory judgments under Chapter 5817. of the Revised Code,
the probate court may transfer the proceeding to the general division
of the court of common pleas pursuant to division (A) of section
5817.04 of the Revised Code.

(C)
(D)

The
probate court has concurrent jurisdiction with the criminal court to
hear and determine actions involving informed consent for medication
of persons hospitalized pursuant to section 5122.141 or 5122.15 of
the Revised Code.

(E)

The
probate court has plenary power at law and in equity to dispose fully
of any matter that is properly before the court, unless the power is
expressly otherwise limited or denied by a section of the Revised
Code.

(D)
(F)

The jurisdiction acquired by a probate court over a matter or
proceeding is exclusive of that of any other probate court, except
when otherwise provided by law.

Sec.
2108.90.
Pursuant
to division
(A)
(B)

of section 2101.24 of the Revised Code, the probate court for the
county in which the declarant or deceased person resided at the time
of death or the county in which a living person whose post-death
arrangements are the subject of dispute resides shall have exclusive
jurisdiction over any action that results from sections 2108.70 to
2108.89 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 court shall order the defendant to undergo treatment.

(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 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.

(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.

(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 the court or prosecutor, after
consideration of the requirements of section 5122.11 of the Revised
Code, files an affidavit in probate court
or
trial court
alleging
that the defendant is a mentally ill person subject to court order or

after
consideration of the requirements of section 5123.71 of the Revised
Code, files an affidavit in the probate court or trial court alleging
that the defendant is
a
person with an intellectual disability subject to
institutionalization by court order. If an affidavit is filed in
probate court

or trial court
,
the trial court may detain the defendant for ten days pending a
hearing in the probate court
and

or
trial court. If an affidavit is filed in the probate court, the trial
court
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.

(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
behavioral
health
services
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
heath
,
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
prosecutor or on its own motion, the court either seeks to retain
jurisdiction over the defendant pursuant to section 2945.39 of the
Revised Code or files an affidavit in the probate court
or
trial court
for
the civil commitment of the defendant pursuant to Chapter 5122. or
5123. of the Revised Code alleging that 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. If an affidavit is filed in the probate court, the trial court
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 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 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)
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 the court or prosecutor files an
affidavit in probate court
or
with the trial court
for
civil commitment pursuant to Chapter 5122. or 5123. of the Revised
Code. If an affidavit for civil commitment is filed, the court may
detain the defendant for ten days pending civil commitment

and
.
If an affidavit is filed in the probate court, the trial court
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.

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)
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)
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)
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)
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)
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) 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 court or the prosecutor may file an affidavit in probate court
or
with the trial court
for
civil commitment of the defendant in the manner provided in Chapter
5122. or 5123. of the Revised Code. If the court or prosecutor files
an affidavit for civil commitment, the court may detain the defendant
for ten days pending civil commitment. If the probate court
or
trial 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) to (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 court or
prosecutor files an affidavit in probate court
or
with the trial court
for
civil commitment of the defendant pursuant to Chapter 5122. or 5123.
of the Revised Code. If the court or prosecutor files an affidavit
for civil commitment, the court may order that the defendant be
detained for up to ten days pending the civil commitment. If the
probate court
or
trial 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) to (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. 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;

(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) 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 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) 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)
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.
5122.01.
As
used in this chapter and Chapter 5119. of the Revised Code:

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

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

(1)
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;

(2)
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;

(3)
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;

(4)
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;

(5)(a)
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:

(I)
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.

(II)
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 substantial risk of
serious harm to the person or others.

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

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

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

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

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

(F)
"Hospital" means a hospital or inpatient unit licensed by
the department of behavioral health under section 5119.33 of the
Revised Code, and any institution, hospital, or other place
established, controlled, or supervised by the department under
Chapter 5119. of the Revised Code.

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

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

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

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

(K)
"Chief clinical officer" means the medical director of a
hospital, community mental health services provider, or board of
alcohol, drug addiction, and mental health services, or, if there is
no medical director, the licensed physician responsible for the
treatment provided by a hospital or community mental health services
provider. The chief clinical officer may delegate to the attending
physician responsible for a patient's care the duties imposed on the
chief clinical officer by this chapter. In the case of a community
mental health services provider, the chief clinical officer shall be
designated by the governing body of the services provider and shall
be a licensed physician or licensed clinical psychologist who
supervises diagnostic and treatment services. A licensed physician or
licensed clinical psychologist designated by the chief clinical
officer may perform the duties and accept the responsibilities of the
chief clinical officer in the chief clinical officer's absence.

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

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

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

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

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

(Q)

"Court"
"Probate
court"

means the probate division of the court of common pleas.

(R)
"Expunge" means:

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

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

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

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

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

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

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

When
the residence of a person is disputed, the matter of residence shall
be referred to the department of behavioral health for investigation
and determination. Residence shall not be a basis for a board of
alcohol, drug addiction, and mental health services to deny services
to any person present in the board's service district, and the board
shall provide services for a person whose residence is in dispute
while residence is being determined and for a person in an emergency
situation.

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

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

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

(2)
The active participation of the patient in establishing the
objectives and goals shall be documented. The treatment plan shall be
based on patient needs and include services to be provided to the
patient while the patient is hospitalized, after the patient is
discharged, or in an outpatient setting. The treatment plan shall
address services to be provided. In the establishment of the
treatment plan, consideration should be given to the availability of
services, which may include but are not limited to all of the
following:

(a)
Community psychiatric supportive treatment;

(b)
Assertive community treatment;

(c)
Medications;

(d)
Individual or group therapy;

(e)
Peer support services;

(f)
Financial services;

(g)
Housing or supervised living services;

(h)
Alcohol or substance abuse treatment;

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

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

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

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

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

(Z)
"Clinical nurse specialist" and "certified nurse
practitioner" have the same meanings as in section 4723.01 of
the Revised Code.

(AA)
"Criminal court" means a court of common pleas, county
court, or municipal court determining the issue of a defendant's
competence to stand trial under sections 2945.37, 2945.371, 2945.38,
2945.39, or 2945.401 of the Revised Code.

Sec.
5122.02.
(A)
Except as provided in division (D) of this section, any person who is
eighteen years of age or older and who is, appears to be, or believes
self to be mentally ill may make written application for voluntary
admission to the chief medical officer of a hospital.

(B)
Except as provided in division (D) of this section, the application
also may be made on behalf of a minor by a parent, a guardian of the
person, or the person with custody of the minor, and on behalf of an
adult incompetent person by the guardian or the person with custody
of the incompetent person.

Any
person whose admission is applied for under division (A) or (B) of
this section may be admitted for observation, diagnosis, care, or
treatment, in any hospital unless the chief clinical officer finds
that hospitalization is inappropriate, and except that, in the case
of a public hospital, no person shall be admitted without the
authorization of the board of the person's county of residence.

(C)
If a minor or person adjudicated incompetent due to mental illness
whose voluntary admission is applied for under division (B) of this
section is admitted, the
probate

court
shall determine, upon petition by private or otherwise appointed
counsel, a relative, or one acting as next friend, whether the
admission or continued hospitalization is in the best interest of the
minor or incompetent.

The
chief clinical officer shall discharge any voluntary patient who has
recovered or whose hospitalization the officer determines to be no
longer advisable. In the case of a voluntary patient who refuses to
accept treatment consistent with the written treatment plan required
by section 5122.27 of the Revised Code, the chief clinical officer
may file an affidavit under section 5122.11 of the Revised Code. If
the chief clinical officer decides not to file such an affidavit and
to, instead, discharge the patient, and a trial court or prosecutor
had, within the past twelve months, filed an affidavit in probate
court
or
criminal court
pursuant
to division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code
relating to the patient, the chief clinical officer, to the extent
that the chief clinical officer has knowledge of the patient's prior
status, shall immediately notify such trial court or prosecutor of
the intent to discharge. Not later than three court days after being
notified of the intent to discharge, the trial court or prosecutor
may file or cause to be filed with the
probate

court

or
criminal court
of
the county where the patient is hospitalized, or the
probate

court

or
criminal court
of
the county where the patient resides, an affidavit under section
5122.11 of the Revised Code. If such an affidavit is filed, the
patient's discharge must be postponed until a hearing under section
5122.141 of the Revised Code is held.

(D)
A person who is found incompetent to stand trial or not guilty by
reason of insanity and who is committed pursuant to section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code shall not
voluntarily admit the person or be voluntarily admitted to a hospital
pursuant to this section until after the final termination of the
commitment, as described in division (J) of section 2945.401 of the
Revised Code.

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

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

(B)
The patient was, within the past twelve months, a defendant described
in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code
and the chief clinical officer of the hospital decides not to file or
cause to be filed an affidavit under section 5122.11 of the Revised
Code as described in division (C) of this section. In that
circumstance, the chief clinical officer shall immediately notify the
trial court or prosecutor described in division (B)(1)(a)(v)(I) of
section 2945.38 of the Revised Code of the chief clinical officer's
decision and intent to release the patient. Not later than three
court days after being notified of the intent to release, the trial
court or prosecutor may file or cause to be filed with the
probate

court

or
criminal court
of
the county where the patient is hospitalized, or the
probate

court

or
criminal court
of
the county where the patient resides, an affidavit under section
5122.11 of the Revised Code. If such an affidavit is filed, the
patient's release must be postponed until a hearing under section
5122.141 of the Revised Code is held.

(C)
The chief clinical officer of the hospital, within three court days
from the receipt of the request for release, files or causes to be
filed with the
probate

court

or
criminal court
of
the county where the patient is hospitalized or of the county where
the patient is a resident, an affidavit under section 5122.11 of the
Revised Code. Release may be postponed until the hearing held under
section 5122.141 of the Revised Code. A telephone communication
within three court days from the receipt of the request for release
from the chief clinical officer to the court, indicating that the
required affidavit has been mailed, is sufficient compliance with the
time limit for filing such affidavit.

Unless
the patient is released within three days from the receipt of the
request by the chief clinical officer, the request shall serve as a
request for an initial hearing under section 5122.141 of the Revised
Code. If the
probate

court

or
criminal court
finds
that the patient is a person with a mental illness subject to court
order, all provisions of this chapter with respect to involuntary
hospitalization apply to such person.

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

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

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

Before
a patient is released from a public hospital, the chief clinical
officer shall, when possible, provide notice of the patient's pending
release to the board of alcohol, drug addiction, and mental health
services serving the patient's county of residence. Before the notice
is given, the chief clinical officer shall inform the patient that
the board will be so notified.

Sec.
5122.05.
(A)

The

Subject
to section 5122.051 of the Revised Code, the
chief
clinical officer of a hospital may, and the chief clinical officer of
a public hospital in all cases of psychiatric medical emergencies,
shall receive for observation, diagnosis, care, and treatment any
person whose admission is applied for under any of the following
procedures:

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

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

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

(B)
No person who is being treated by spiritual means through prayer
alone, in accordance with a recognized religious method of healing,
may be involuntarily committed unless the
probate

court

or
criminal court
has
determined that the person represents a substantial risk of
impairment or injury to self or others;

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

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

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

(3)
Have a hearing to determine whether or not the person is a person
with a mental illness subject to court order.

Sec.
5122.051.
The
chief clinical officer of a hospital that contains a mental health
unit and participates in the medicaid program shall accept any
patient ordered to be committed to the hospital as provided in
sections 2945.38, 2945.39, 2945.40, 2945.401, 2945.402, and 5122.11
to 5122.15 of the Revised Code. A hospital that refuses to accept a
patient in accordance with this section is ineligible to receive
payment under the medicaid program.

Sec.
5122.09.
If
a person taken into custody under section 5122.10 or 5122.11 of the
Revised Code is released from custody before having an initial
hearing, a
probate

court

or
criminal court
that
has made a file or record relating to the person during this period
shall expunge it.

Sec.
5122.10.
(A)(1)
Any of the following who has reason to believe that a person is a
person with a mental illness subject to court order and represents a
substantial risk of physical harm to self or others if allowed to
remain at liberty pending examination may take the person into
custody and may immediately transport the person to a hospital or,
notwithstanding section 5119.33 of the Revised Code, to a general
hospital not licensed by the department of behavioral health where
the person may be held for the period prescribed in this section:

(a)
A psychiatrist;

(b)
A licensed physician;

(c)
A licensed clinical psychologist;

(d)
A clinical nurse specialist who is certified as a psychiatric-mental
health CNS by the American nurses credentialing center;

(e)
A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses credentialing
center;

(f)
A health officer;

(g)
A parole officer;

(h)
A police officer;

(i)
A sheriff.

(2)
If the chief of the adult parole authority or a parole or probation
officer with the approval of the chief of the authority has reason to
believe that a parolee, an offender under a community control
sanction or post-release control sanction, or an offender under
transitional control is a person with a mental illness subject to
court order and represents a substantial risk of physical harm to
self or others if allowed to remain at liberty pending examination,
the chief or officer may take the parolee or offender into custody
and may immediately transport the parolee or offender to a hospital
or, notwithstanding section 5119.33 of the Revised Code, to a general
hospital not licensed by the department of behavioral health where
the parolee or offender may be held for the period prescribed in this
section.

(B)
A written statement shall be given to the hospital by the individual
authorized under division (A)(1) or (2) of this section to transport
the person. The statement shall specify the circumstances under which
such person was taken into custody and the reasons for the belief
that the person is a person with a mental illness subject to court
order and represents a substantial risk of physical harm to self or
others if allowed to remain at liberty pending examination. This
statement shall be made available to the respondent or the
respondent's attorney upon request of either.

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

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

(E)
A person transported or transferred to a hospital or community mental
health services provider under this section shall be examined by the
staff of the hospital or services provider within twenty-four hours
after arrival at the hospital or services provider. If to conduct the
examination requires that the person remain overnight, the hospital
or services provider shall admit the person in an unclassified status
until making a disposition under this section. After the examination,
if the chief clinical officer of the hospital or services provider
believes that the person is not a person with a mental illness
subject to court order, the chief clinical officer shall release or
discharge the person immediately unless a
probate

court

or
criminal court
has
issued a temporary order of detention applicable to the person under
section 5122.11 of the Revised Code. After the examination, if the
chief clinical officer believes that the person is a person with a
mental illness subject to court order, the chief clinical officer may
detain the person for not more than three court days following the
day of the examination and during such period admit the person as a
voluntary patient under section 5122.02 of the Revised Code or file
an affidavit under section 5122.11 of the Revised Code. If neither
action is taken and a
probate

court

or
criminal court
has
not otherwise issued a temporary order of detention applicable to the
person under section 5122.11 of the Revised Code, the chief clinical
officer shall discharge the person at the end of the three-day period
unless the person has been sentenced to the department of
rehabilitation and correction and has not been released from the
person's sentence, in which case the person shall be returned to that
department.

Sec.
5122.11.
Proceedings
for a person with a mental illness subject to court order pursuant to
sections 5122.11 to 5122.15 of the Revised Code shall be commenced by
the filing of an affidavit in the manner prescribed by the department
of
mental

behavioral

health

and
addiction services
and
in a form prescribed in section 5122.111 of the Revised Code
,
by any
.
The affidavit shall be filed in either of the following manners:

In
a probate court by a
person
or persons

with the probate court
,
either on reliable information or actual knowledge, whichever is
determined to be proper by the court.

This section does not apply to the hospitalization of a person
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the
Revised Code.

In
a criminal court by the trial court or prosecutor, pursuant to
division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code.

The
affidavit shall contain an allegation setting forth the specific
category or categories under division (B) of section 5122.01 of the
Revised Code upon which the jurisdiction of the
probate

court

or
criminal court
is
based and a statement of alleged facts sufficient to indicate
probable cause to believe that the person is a person with a mental
illness subject to court order. The affidavit may be accompanied, or
the court may require that the affidavit be accompanied, by a
certificate of a psychiatrist, or a certificate signed by a licensed
clinical psychologist and a certificate signed by a licensed
physician stating that the person who issued the certificate has
examined the person and is of the opinion that the person is a person
with a mental illness subject to court order, or shall be accompanied
by a written statement by the applicant, under oath, that the person
has refused to submit to an examination by a psychiatrist, or by a
licensed clinical psychologist and licensed physician.

With
regard to a defendant described in division (B)(1)(a)(v)(I) of
section 2945.38 of the Revised Code for whom criminal charges were
dismissed, the affidavit shall contain a space for the trial court or
prosecutor filing the affidavit to indicate that the person named in
the affidavit is such a defendant.

Upon
receipt of the affidavit, if a judge of the
probate

court

or
criminal court
or
a referee who is an attorney at law appointed by the court has
probable cause to believe that the person named in the affidavit is a
person with a mental illness subject to court order, the judge or
referee may issue a temporary order of detention ordering any health
or police officer or sheriff to take into custody and transport the
person to a hospital or other place designated in section 5122.17 of
the Revised Code, or may set the matter for further hearing. If a
temporary order of detention is issued and the person is transported
to a hospital or other designated place, the court that issued the
order shall retain jurisdiction over the case as it relates to the
person's outpatient treatment, notwithstanding that the hospital or
other designated place to which the person is transported is outside
the territorial jurisdiction of the court.

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

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

AFFIDAVIT
OF MENTAL ILLNESS

The
State of Ohio

____________________
County,

ss.

____________________
Court

________________________________________________________________the
undersigned, residing at

________________________________________________________________says,
that he/she has information to believe or has actual knowledge that

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

[

]

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;

[

]

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

[

]

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

[

]

Would benefit from treatment for 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; or

[

]

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

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

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

(i)
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.

(ii)
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.

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

(d)
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 substantial risk of
serious harm to the person or others.

________________________________________________________________

(Name
of the party filing the affidavit) further says that the facts
supporting this belief are as follows:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

These
facts being sufficient to indicate probable cause that the above said
person is a person with a mental illness subject to court order.

The
undersigned represents a trial court or a prosecutor who, as
described in division (B)(1)(a)(v)(I) of section 2945.38 of the
Revised Code, is alleging that the above said person is a person with
a mental illness subject to court order: [
]

Yes [
]

No (please specify answer with an X). If Yes, please specify the name
and address of the trial court or prosecutor:

________________________________________________________________________________________________________________________________

Name
of Patient's Last Physician or Licensed Clinical Psychologist

________________________________________________________________Address
of Patient's Last Physician or Licensed Clinical Psychologist

________________________________________________________________________________________________________________________________

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

Name

Kinship

Address

__________

Legal
Guardian

__________

-
__________

__________

Spouse

__________

-
__________

__________

Adult
Next of Kin

__________

-
__________

__________

Adult
Next of Kin

__________

-
__________

The
following constitutes additional information that may be necessary
for the purpose of determining residence:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Dated
this _____________ day of _______________, 20___

_____________________________

Signature
of the party filing
-

the

affidavit

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

____________________________

Signature
of
Probate

Judge,

-
Deputy
Clerk, or Notary

-
Public

WAIVER

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

Dated
this _____________ day of _______________, 20___

_____________________________

Signature
of the party filing

the
affidavit

Sec.
5122.112.
A
probate court
or
criminal court
that
terminates jurisdiction over a defendant described in division
(B)(1)(a)(v)(I) of section 2945.38 of the Revised Code, for whom a
trial court or prosecutor initiated proceedings alleging that the
defendant is a mentally ill person subject to court order pursuant to
sections 5122.11 to 5122.15 of the Revised Code, shall immediately do
both of the following:

(A)
Notify the initiating court or prosecutor of the termination;

(B)
Transmit to the initiating court a copy of any records in its
possession that pertain to the defendant's mental illness or
treatment for mental illness.

Sec.
5122.12.
After
receipt of the affidavit required by section 5122.11 of the Revised
Code, the
probate

court

or
criminal court
shall
cause written notice by mail or otherwise of any hearing as the court
directs to be given to the following persons:

(A)
The respondent;

(B)
The respondent's legal guardian, if any, the respondent's spouse, if
any, and the respondent's parents, if the respondent is a minor, if
these persons' addresses are known to the court or can be obtained
through exercise of reasonable diligence;

(C)
The person who filed the affidavit;

(D)
Any one person designated by the respondent; but if the respondent
does not make a selection, the notice shall be sent to the adult next
of kin other than the person who filed the affidavit if that person's
address is known to the court or can be obtained through exercise of
reasonable diligence;

(E)
The respondent's counsel;

(F)
The director, chief clinical officer, or the respective designee of
the hospital, board, community mental health services provider, or
facility to which the person has been committed;

(G)
The board of alcohol, drug addiction, and mental health services
serving the respondent's county of residence or a services provider
the board designates.

Any
person entitled to notice under this section, with the exception of
the respondent, may waive the notice.

A
copy of the affidavit and temporary order of detention shall be
served with the notice to the parties and to respondent's counsel, if
counsel has been appointed or retained.

Sec.
5122.13.
Within
two business days after receipt of the affidavit required by section
5122.11 of the Revised Code, the probate court
or
criminal court
shall
refer the affidavit to the board of alcohol, drug addiction, and
mental health services or community mental health services provider
the board designates to assist the court in determining whether the
respondent is subject to court-ordered treatment and whether
alternatives to hospitalization are available, unless the services
provider or board has already performed such screening. The board or
services provider shall review the allegations of the affidavit and
other information relating to whether or not the person named in the
affidavit or statement is a person with a mental illness subject to
court order, and the availability of appropriate treatment
alternatives.

The
person who conducts the investigation shall promptly make a report to
the
probate

court

or criminal court
,
in writing, in open court or in chambers, as directed by the court
and a full record of the report shall be made by the court. The
report is not admissible as evidence for the purpose of establishing
whether or not the respondent is a person with a mental illness
subject to court order, but shall be considered by the court in its
determination of an appropriate placement for any person after that
person is found to be a person with a mental illness subject to court
order.

The

probate

court

or criminal court
,
prior to the hearing under section 5122.141 of the Revised Code,
shall release a copy of the investigative report to the respondent's
counsel.

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

Sec.
5122.14.
Immediately
after acceptance of an affidavit required under section 5122.11 of
the Revised Code, the
probate

court

or
criminal court
may
appoint a psychiatrist, or a licensed clinical psychologist and a
licensed physician to examine the respondent, and at the first
hearing held pursuant to section 5122.141 of the Revised Code, such
psychiatrist, or licensed clinical psychologist and licensed
physician, shall report to the court
his
the

findings
of
the examination

as to the mental condition of

the

respondent, and

his
the
respondent's

need for custody, care, or treatment in a mental hospital. The court
may accept as evidence the written report of a psychiatrist, or the
written report of a licensed clinical psychologist and a licensed
physician, designated by the board of alcohol, drug addiction, and
mental health services as the report and findings referred to in this
section.

The
examination, if possible, shall be held at a hospital or other
medical facility, at the home of the respondent, or at any other
suitable place least likely to have a harmful effect on the
respondent's health.

The

probate

court

or
criminal court
shall
prior to a hearing under section 5122.141 or 5122.15 of the Revised
Code release a copy of the report to the respondent's counsel.

Sec.
5122.141.
(A)
A respondent who is involuntarily placed in a hospital or other place
as designated in section 5122.10 or 5122.17 of the Revised Code, or
with respect to whom proceedings have been instituted under section
5122.11 of the Revised Code, shall be afforded a hearing to determine
whether or not the respondent is a person with a mental illness
subject to court order. The hearing shall be conducted pursuant to
section 5122.15 of the Revised Code, and the respondent shall have
the right to counsel as provided in that section.

(B)
The hearing shall be conducted within five court days from the day on
which the respondent is detained or an affidavit is filed, whichever
occurs first, in a physical setting not likely to have a harmful
effect on the respondent, and may be conducted in a hospital in or
out of the county. On the motion of the respondent, the respondent's
counsel, the chief clinical officer, or on its own motion, and for
good cause shown, the
probate

court

or
criminal court
may
order a continuance of the hearing. The continuance may be for no
more than ten days from the day on which the respondent is detained
or on which an affidavit is filed, whichever occurs first. Failure to
conduct the hearing within this time shall effect an immediate
discharge of the respondent. If the proceedings are not reinstituted
within thirty days, all records of the proceedings shall be expunged.

(C)
If the
probate

court

or
criminal court
does
not find that the respondent is a person with a mental illness
subject to court order, it shall order the respondent's immediate
discharge, and shall expunge all record of the proceedings during
this period.

(D)
If the
probate

court

or
criminal court
finds
that the respondent is a person with a mental illness subject to
court order, the court may issue an interim order of detention
ordering any health or police officer or sheriff to take into custody
and transport such person to a hospital or other place designated in
section 5122.17 of the Revised Code, where the respondent may be
observed and treated.

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

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

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

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

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

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

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

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

(3)
If the respondent is not represented by counsel, is absent from the
hearing, and has not validly waived the right to counsel, the
probate

court

or
criminal court
shall
appoint counsel immediately to represent the respondent at the
hearing, reserving the right to tax costs of appointed counsel to the
respondent, unless it is shown that the respondent is indigent. If
the court appoints counsel, or if the court determines that the
evidence relevant to the respondent's absence does not justify the
absence, the court shall continue the case.

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

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

(6)
If the hearing is closed to the public, the
probate

court

or criminal court
,
for good cause shown, may admit persons who have a legitimate
interest in the proceedings. If the respondent, the respondent's
counsel, or the designee of the director or of the chief clinical
officer objects to the admission of any person, the court shall hear
the objection and any opposing argument and shall rule upon the
admission of the person to the hearing.

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

(8)
The
probate

court

or
criminal court
shall
examine the sufficiency of all documents filed and shall inform the
respondent, if present, and the respondent's counsel of the nature
and content of the documents and the reason for which the respondent
is being detained, or for which the respondent's placement is being
sought.

(9)
The
probate

court

or
criminal court
shall
receive only reliable, competent, and material evidence.

(10)
Unless proceedings are initiated pursuant to section 5120.17 or
5139.08 of the Revised Code, an attorney that the board designates
shall present the case demonstrating that the respondent is a person
with a mental illness subject to court order. The attorney shall
offer evidence of the diagnosis, prognosis, record of treatment, if
any, and less restrictive treatment plans, if any. In proceedings
pursuant to section 5120.17 or 5139.08 of the Revised Code, the
attorney general shall designate an attorney who shall present the
case demonstrating that the respondent is a person with a mental
illness subject to court order. The attorney shall offer evidence of
the diagnosis, prognosis, record of treatment, if any, and less
restrictive treatment plans, if any.

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

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

court

or criminal court
.

(13)
On motion of the respondent or the respondent's counsel for good
cause shown, or on the
probate

court's

or
criminal court's
own
motion, the court may order a continuance of the hearing.

(14)
If the respondent is represented by counsel and the respondent's
counsel requests a transcript and record, or if the respondent is not
represented by counsel, the
probate

court

or
criminal court
shall
make and maintain a full transcript and record of the proceeding. If
the respondent is indigent and the transcript and record is made, a
copy shall be provided to the respondent upon request and be treated
as an expense under section 5122.43 of the Revised Code.

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

(B)
Unless, upon completion of the hearing the
probate

court

or
criminal court
finds
by clear and convincing evidence that the respondent is a person with
a mental illness subject to court order, it shall order the
respondent's discharge immediately.

(C)
If, upon completion of the hearing, the
probate

court

or
criminal court
finds
by clear and convincing evidence that the respondent is a person with
a mental illness subject to court order, the court shall order the
respondent for a period not to exceed ninety days to any of the
following:

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

(2)
A nonpublic hospital;

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

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

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

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

(D)
Any order made pursuant to division (C)(2), (3), (5), or (6) of this
section shall be conditioned upon the receipt by the
probate

court

or
criminal court
of
consent by the hospital, facility, agency, or person to accept the
respondent and may include a requirement that a person or entity
described in division (C)(2), (3), (5), or (6) of this section inform
the board of alcohol, drug addiction, and mental health services or
community mental health services provider the board designates about
the progress of the respondent with the treatment plan.

(E)
In determining the entity or person to which the respondent is to be
committed under division (C) of this section, the
probate

court

or
criminal court
shall
consider all of the following:

(1)
The respondent's diagnosis and prognosis made by a psychiatrist,
licensed clinical psychologist, clinical nurse specialist who is
certified as a psychiatric-mental health clinical nurse specialist by
the American nurses credentialing center, or certified nurse
practitioner who is certified as a psychiatric-mental health nurse
practitioner by the American nurses credentialing center;

(2)
The respondent's preferences;

(3)
The respondent's projected treatment plan.

The

probate

court

or
criminal court
shall
order the implementation of the least restrictive alternative
available and consistent with treatment goals. If the court
determines that the least restrictive alternative available that is
consistent with treatment goals is inpatient hospitalization, the
court's order shall so state.

(F)
During the ninety-day period the entity or person shall examine and
treat the respondent. If the respondent is receiving treatment in an
outpatient setting, or receives treatment in an outpatient setting
during a subsequent period of continued commitment under division (H)
of this section, the entity or person to whom the respondent is
committed shall determine the appropriate outpatient treatment for
the respondent. If, at any time prior to the expiration of the
ninety-day period, it is determined by the entity or person that the
respondent's treatment needs could be equally well met in an
available and appropriate less restrictive setting, both of the
following apply:

(1)
The respondent shall be released from the care of the entity or
person immediately and shall be referred to the
probate

court

or
criminal court
together
with a report of the findings and recommendations of the entity or
person;

(2)
The entity or person shall notify the respondent's counsel or the
attorney designated by a board of alcohol, drug addiction, and mental
health services or, if the respondent was committed to a board or a
services provider designated by the board, it shall place the
respondent in the least restrictive setting available consistent with
treatment goals and notify the
probate

court

or
criminal court
and
the respondent's counsel of the placement.

The

probate

court

or
criminal court
shall
dismiss the case or order placement in the least restrictive setting.

(G)(1)
Except as provided in division (G)(2) of this section, any person for
whom proceedings for treatment have been commenced pursuant to
section 5122.11 of the Revised Code, may apply at any time for
voluntary admission or treatment to the entity or person to which the
person was committed. Upon admission as a voluntary patient the chief
clinical officer of the entity or the person immediately shall notify
the
probate

court

or criminal court
,
the patient's counsel, and the attorney designated by the board, if
the attorney has entered the proceedings, in writing of that fact,
and, upon receipt of the notice, the court shall dismiss the case.

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

(H)
If, at the end of the first ninety-day period or any subsequent
period of continued commitment, there has been no disposition of the
case, either by discharge or voluntary admission or treatment, the
entity or person shall discharge the patient immediately, unless at
least ten days before the expiration of the period the attorney the
board designates or the prosecutor files with the
probate

court

or
criminal court
an
application for continued commitment. The application of the attorney
or the prosecutor shall include a written report containing the
diagnosis, prognosis, past treatment, a list of alternative treatment
settings and plans, and identification of the treatment setting that
is the least restrictive consistent with treatment needs. The
attorney the board designates or the prosecutor shall file the
written report at least three days prior to the full hearing. A copy
of the application and written report shall be provided to the
respondent's counsel immediately.

The

probate

court

or
criminal court
shall
hold a full hearing on applications for continued commitment at the
expiration of the first ninety-day period and at least every two
years after the expiration of the first ninety-day period.

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

For
a respondent who is ordered to receive treatment in an outpatient
setting, if at any time after the first ninety-day period the entity
or person to whom the respondent was ordered determines that the
respondent has demonstrated voluntary consent for treatment, that
entity or person shall immediately notify the respondent, the
respondent's counsel, the attorney designated by the board, and the

probate

court

or criminal court
.
The entity or person shall submit to the court a report of the
findings and recommendations. The court may dismiss the case upon
review of the facts.

Upon
request of a person who is involuntarily committed under this
section, or the person's counsel, that is made more than one hundred
eighty days after the person's last full hearing, mandatory or
requested, the
probate

court

or
criminal court
shall
hold a full hearing on the person's continued commitment. Upon the
application of a person involuntarily committed under this section,
supported by an affidavit of a psychiatrist or licensed clinical
psychologist, alleging that the person no longer is a person with a
mental illness subject to court order, the court for good cause shown
may hold a full hearing on the person's continued commitment prior to
the expiration of one hundred eighty days after the person's last
full hearing. Section 5122.12 of the Revised Code applies to all
hearings on continued commitment.

If
the
probate

court

or criminal court
,
after a hearing for continued commitment finds by clear and
convincing evidence that the respondent is a person with a mental
illness subject to court order, the court may order continued
commitment at places or to persons specified in division (C) of this
section.

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

(J)
A referee appointed by the
probate

court

or
criminal court
may
make all orders that a judge may make under this section and sections
5122.11 and 5122.141 of the Revised Code, except an order of contempt
of court. The orders of a referee take effect immediately. Within
fourteen days of the making of an order by a referee, a party may
file written objections to the order with the court. The filed
objections shall be considered a motion, shall be specific, and shall
state their grounds with particularity. Within ten days of the filing
of the objections, a judge of the court shall hold a hearing on the
objections and may hear and consider any testimony or other evidence
relating to the respondent's mental condition. At the conclusion of
the hearing, the judge may ratify, rescind, or modify the referee's
order.

(K)
An order of the
probate

court

or
criminal court
under
division (C), (H), or (J) of this section is a final order.

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

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

(2)
On the day of placement in the inpatient setting or on the next court
day, file with the
probate

court

or
criminal court
a
motion for transfer to an inpatient setting or communicate to the
court by telephone that the required motion has been mailed;

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

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

At
the respondent's request, the
probate

court

or
criminal court
shall
hold a hearing on the motion and make a determination pursuant to
division (E) of this section within five days of the placement.

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

(N)
The entity or person to whom the respondent was ordered for treatment
in an outpatient setting may submit a report to the
probate

court

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

Sec.
5122.20.
The
director of behavioral health or the director's designee may
transfer, or authorize the transfer of, an involuntary patient, or a
consenting voluntary patient hospitalized pursuant to section 5122.02
or sections 5122.11 to 5122.15 of the Revised Code, from one public
hospital to another, or to a hospital, community mental health
services provider, or other facility offering treatment or other
services for mental illness, if the medical director of the
department of behavioral health determines that it would be
consistent with the medical needs of the patient to do so. If such a
transfer is made to a private facility, the transfer shall be
conditioned upon the consent of the facility.

Before
an involuntary patient may be transferred to a more restrictive
setting, the chief clinical officer shall file a motion with the

probate

court

or
criminal court
requesting
the court to amend its order of placement issued under section
5122.15 of the Revised Code. At the patient's request, the court
shall hold a hearing on the motion at which the patient has the same
rights as at a full hearing under section 5122.15 of the Revised
Code. The hearing shall be held within ten days after the date on
which the respondent was transferred to the more restrictive setting
or on which the motion was filed, whichever is earlier. On the motion
of the respondent, the respondent's counsel, or the chief clinical
officer, or on its own motion, and for good cause shown, the court
may order a continuance of the hearing for up to ten days.

Whenever
an involuntary patient is transferred, written notice of the transfer
shall be given to the patient's legal guardian, parents, spouse, and
counsel, or, if none is known, to the patient's nearest known
relative or friend. If the patient is a minor, the department, before
making such a transfer, shall make a minute of the order for the
transfer and the reason for it upon its record and shall send a
certified copy at least seven days prior to the transfer to the
person shown by its record to have had the care or custody of the
minor immediately prior to the minor's commitment. Whenever a
consenting voluntary patient is transferred, the notification shall
be given only at the patient's request. The chief clinical officer
shall advise a voluntary patient who is being transferred that the
patient may decide if the notification shall be given. In all such
transfers, due consideration shall be given to the wishes of the
patient, and the relationship of the patient to the patient's family,
legal guardian, or friends, so as to maintain the relationship and
encourage visits beneficial to the patient.

When
a voluntary patient whose medical or psychological needs are found by
the chief clinical officer to warrant a transfer refuses to be
transferred to an alternate facility, the chief clinical officer may
file an affidavit for a hearing under section 5122.11 of the Revised
Code.

Sec.
5122.23.
The
chief clinical officer of a public hospital shall immediately report
to the department of behavioral health and the board of alcohol, drug
addiction, and mental health services serving the patient's county of
residence the removal, death, escape, discharge, or trial visit of
any patient hospitalized under section 5122.15 of the Revised Code,
or the return of such an escaped or visiting patient to the
department, the
probate

judge

of
the probate court or the criminal court
of
the county from which such patient was hospitalized, and the
probate

judge

of
the probate court or the criminal court
of
the county of residence of such patient. In case of death, the chief
clinical officer also shall notify one or more of the nearest
relatives of the deceased patient, if known to the chief clinical
officer, by letter, telegram, or telephone. If the place of residence
of such relative is unknown to the chief clinical officer,
immediately upon receiving notification the
probate

judge

of
the probate court or the criminal court
shall
in the speediest manner possible notify such relatives, if known to
the
probate

judge.

The
chief clinical officer of a public hospital, upon the request of the

probate

judge

of
the probate court or the criminal court
of
the county from which a patient was hospitalized or the
probate

judge

of
the probate court or the criminal court
of
the county of residence of such a patient, shall make a report to the
judge of the condition of any patient under the care, treatment,
custody, or control of the chief clinical officer.

Sec.
5122.25.
Upon
the request of a hospital, person, board, community mental health
services provider, or facility who has custody of a patient
hospitalized pursuant to section 5122.15 of the Revised Code, or on
the order of the
probate

court

or criminal court
,
such patient may be called for a rehearing at such place within the
county of the patient's residence or the county where such patient is
hospitalized as the court designates. The hearing shall be conducted
pursuant to section 5122.15 of the Revised Code.

Sec.
5122.26.
(A)
If a patient is absent without leave, on a verbal or written order
issued within five days of the time of the unauthorized absence by
the department of behavioral health, the chief clinical officer of
the hospital from which the patient is absent without leave, or the

probate

court

or
criminal court
of
either the county from which the patient was committed or in which
the patient is found, any health or police officer or sheriff may
take the patient into custody and transport the patient to the
hospital in which the patient was hospitalized or to a place that is
designated in the order. The officer immediately shall report such
fact to the entity that issued the order.

The
chief clinical officer of a hospital may discharge a patient who is
under an indictment, a sentence of imprisonment, a community control
sanction, or a post-release control sanction or on parole and who has
been absent without leave for more than thirty days but shall give
written notice of the discharge to the court with criminal
jurisdiction over the patient. The chief clinical officer of a
hospital may discharge any other patient who has been absent without
leave for more than fourteen days.

The
chief clinical officer shall take all proper measures for the
apprehension of an escaped patient. The expense of the return of an
escaped patient shall be borne by the hospital where the patient is
hospitalized.

(B)(1)
Subject to division (B)(2) of this section, no patient hospitalized
under Chapter 5122. of the Revised Code whose absence without leave
was caused or contributed to by the patient's mental illness shall be
subject to a charge of escape.

(2)
Division (B)(1) of this section does not apply to any person who was
hospitalized, institutionalized, or confined in a facility under an
order made pursuant to or under authority of section 2945.37,
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the
Revised Code and who escapes from the facility, from confinement in a
vehicle for transportation to or from the facility, or from
supervision by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the facility
and that occurs outside the facility, in violation of section 2921.34
of the Revised Code.

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

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

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

(C)
Receive treatment consistent with the treatment plan. The department
of behavioral health shall set standards for treatment provided to
such patients, consistent wherever possible with standards set by the
joint commission.

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

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

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

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

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

(3)
A humane psychological and physical environment;

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

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

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

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

If
the chief clinical officer of the hospital is unable to provide the
treatment required by divisions (C), (E), and (F) of this section for
any patient hospitalized pursuant to Chapter 5122. of the Revised
Code, the chief clinical officer shall immediately notify the
patient, the
probate

court

or criminal court
,
the Ohio protection and advocacy system, the director of behavioral
health, and the patient's counsel and legal guardian, if known. If
within ten days after receipt of such notification by the director,
the director is unable to effect a transfer of the patient, pursuant
to section 5122.20 of the Revised Code, to a hospital, community
mental health services provider, or other medical facility where
treatment is available, or has not received an order of the court to
the contrary, the involuntary commitment of any patient hospitalized
pursuant to Chapter 5122. of the Revised Code and defined as a person
with a mental illness subject to court order under division (B)(4) of
section 5122.01 of the Revised Code shall automatically be
terminated.

Sec.
5122.271.
(A)
Except as provided in divisions (C), (D), and (E) of this section,
the chief clinical officer or, in a nonpublic hospital, the attending
physician responsible for a patient's care shall provide all
information, including expected physical and medical consequences,
necessary to enable any patient of a hospital for persons with mental
illnesses to give a fully informed, intelligent, and knowing consent,
the opportunity to consult with independent specialists and counsel,
and the right to refuse consent for any of the following:

(1)
Surgery;

(2)
Convulsive therapy;

(3)
Major aversive interventions;

(4)
Sterilizations;

(5)
Any unusually hazardous treatment procedures;

(6)
Psycho-surgery.

(B)
No patient shall be subjected to any of the procedures listed in
divisions (A)(4) to (6) of this section until both the patient's
informed, intelligent, and knowing consent and the approval of the

probate

court

or
criminal court
have
been obtained, except that court approval is not required for a
legally competent and voluntary patient in a nonpublic hospital.

(C)
If, after providing the information required under division (A) of
this section to the patient, the chief clinical officer or attending
physician concludes that a patient is physically or mentally unable
to receive the information required for surgery under division (A)(1)
of this section, or has been adjudicated incompetent, the information
may be provided to the patient's natural or court-appointed guardian,
who may give an informed, intelligent, and knowing written consent.

If
a patient is physically or mentally unable to receive the information
required for surgery under division (A)(1) of this section and has no
guardian, the information, the recommendation of the chief clinical
officer, and the concurring judgment of a licensed physician who is
not a full-time employee of the state may be provided to the
probate

court

or
criminal court
in
the county in which the hospital is located, which may approve the
surgery. Before approving the surgery, the court shall notify the
Ohio protection and advocacy system created by section 5123.60 of the
Revised Code, and shall notify the patient of the rights to consult
with counsel, to have counsel appointed by the court if the patient
is indigent, and to contest the recommendation of the chief clinical
officer.

(D)
If, in a medical emergency, and after providing the information
required under division (A) of this section to the patient, it is the
judgment of one licensed physician that delay in obtaining surgery
would create a grave danger to the health of the patient, it may be
administered without the consent of the patient or the patient's
guardian if the necessary information is provided to the patient's
spouse or next of kin to enable that person to give informed,
intelligent, and knowing written consent. If no spouse or next of kin
can reasonably be contacted, or if the spouse or next of kin is
contacted, but refuses to consent, the surgery may be performed upon
the written authorization of the chief clinical officer or, in a
nonpublic hospital, upon the written authorization of the attending
physician responsible for the patient's care, and after the approval
of the
probate

court

or
criminal court
has
been obtained. However, if delay in obtaining court approval would
create a grave danger to the life of the patient, the chief clinical
officer or, in a nonpublic hospital, the attending physician
responsible for the patient's care may authorize surgery, in writing,
without court approval. If the surgery is authorized without court
approval, the chief clinical officer or the attending physician who
made the authorization and the physician who performed the surgery
shall each execute an affidavit describing the circumstances
constituting the emergency and warranting the surgery and the
circumstances warranting their not obtaining prior court approval.
The affidavit shall be filed with the court with which the request
for prior approval would have been filed within five court days after
the surgery, and a copy of the affidavit shall be placed in the
patient's file and be given to the guardian, spouse, or next of kin
of the patient, to the hospital at which the surgery was performed,
and to the Ohio protection and advocacy system as defined in section
5123.60 of the Revised Code.

(E)
Major aversive interventions shall not be used unless a patient
continues to engage in behavior destructive to self or others after
other forms of therapy have been attempted. Major aversive
interventions may be applied if approved by the director of
mental

behavioral

health

and addiction services
.
Major aversive interventions shall not be applied to a voluntary
patient without the informed, intelligent, and knowing written
consent of the patient or the patient's guardian.

(F)
Unless there is substantial risk of physical harm to self or others,
or other than under division (D) of this section, this chapter does
not authorize any form of compulsory medical, psychological, or
psychiatric treatment of any patient who is being treated by
spiritual means through prayer alone in accordance with a recognized
religious method of healing without specific
probate

court

or
criminal court
authorization.

(G)
For purposes of this section, "convulsive therapy" does not
include defibrillation.

Sec.
5122.29.
All
patients hospitalized or committed pursuant to this chapter have the
following rights:

(A)
The right to a written list of all rights enumerated in this chapter,
to that person, that person's legal guardian, and that person's
counsel. If the person is unable to read, the list shall be read and
explained to the person.

(B)
The right at all times to be treated with consideration and respect
for the patient's privacy and dignity, including without limitation,
the following:

(1)
At the time a person is taken into custody for diagnosis, detention,
or treatment under Chapter 5122. of the Revised Code, the person
taking that person into custody shall take reasonable precautions to
preserve and safeguard the personal property in the possession of or
on the premises occupied by that person;

(2)
A person who is committed, voluntarily or involuntarily, shall be
given reasonable protection from assault or battery by any other
person.

(C)
The right to communicate freely with and be visited at reasonable
times by the patient's private counsel or personnel of the Ohio
protection and advocacy system and, unless prior
probate

court

or
criminal court
restriction
has been obtained, to communicate freely with and be visited at
reasonable times by the patient's personal physician or psychologist.

(D)
The right to communicate freely with others, unless specifically
restricted in the patient's treatment plan for clear treatment
reasons, including without limitation the following:

(1)
To receive visitors at reasonable times;

(2)
To have reasonable access to telephones to make and receive
confidential calls, including a reasonable number of free calls if
unable to pay for them and assistance in calling if requested and
needed.

(E)
The right to have ready access to letter writing materials, including
a reasonable number of stamps without cost if unable to pay for them,
and to mail and receive unopened correspondence and assistance in
writing if requested and needed.

(F)
The right to the following personal privileges consistent with health
and safety:

(1)
To wear the patient's own clothes and maintain the patient's own
personal effects;

(2)
To be provided an adequate allowance for or allotment of neat, clean,
and seasonable clothing if unable to provide the patient's own;

(3)
To maintain the patient's personal appearance according to the
patient's own personal taste, including head and body hair;

(4)
To keep and use personal possessions, including toilet articles;

(5)
To have access to individual storage space for the patient's private
use;

(6)
To keep and spend a reasonable sum of the patient's own money for
expenses and small purchases;

(7)
To receive and possess reading materials without censorship, except
when the materials create a clear and present danger to the safety of
persons in the facility.

(G)
The right to reasonable privacy, including both periods of privacy
and places of privacy.

(H)
The right to free exercise of religious worship within the facility,
including a right to services and sacred texts that are within the
reasonable capacity of the facility to supply, provided that no
patient shall be coerced into engaging in any religious activities.

(I)
The right to social interaction with members of either sex, subject
to adequate supervision, unless such social interaction is
specifically withheld under a patient's written treatment plan for
clear treatment reasons.

As
used in this section, "clear treatment reasons" means that
permitting the patient to communicate freely with others will present
a substantial risk of physical harm to the patient or others or will
substantially preclude effective treatment of the patient. If a right
provided under this section is restricted or withheld for clear
treatment reasons, the patient's written treatment plan shall specify
the treatment designed to eliminate the restriction or withholding of
the right at the earliest possible time.

Sec.
5122.31.
(A)
All certificates, applications, records, and reports made for the
purpose of this chapter and sections 2945.38, 2945.39, 2945.40,
2945.401, and 2945.402 of the Revised Code, other than
probate

court

or
criminal court
journal
entries or
probate

court

or
criminal court
docket
entries, and directly or indirectly identifying a patient or former
patient or person whose hospitalization or commitment has been sought
under this chapter, shall be kept confidential and shall not be
disclosed by any person except:

(1)
If the person identified, or the person's legal guardian, if any, or
if the person is a minor, the person's parent or legal guardian,
consents, and if the disclosure is in the best interests of the
person, as may be determined by the
probate

court

or
criminal court
for
judicial records and by the chief clinical officer for medical
records;

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

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

(4)
Pursuant to a
probate

court

or
criminal court
order
signed by a judge;

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

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

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

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

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

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

(11)
That records in the possession of the Ohio history connection may be
released to the closest living relative of a deceased patient upon
request of that relative;

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

(13)
That the department of behavioral health may exchange psychiatric
hospitalization records, other mental health treatment records, and
other pertinent information with the department of rehabilitation and
correction and with the department of youth services to ensure
continuity of care for inmates or offenders who are receiving mental
health services in an institution of the department of rehabilitation
and correction or the department of youth services and may exchange
psychiatric hospitalization records, other mental health treatment
records, and other pertinent information with boards of alcohol, drug
addiction, and mental health services and community mental health
services providers to ensure continuity of care for inmates or
offenders who are receiving mental health services in an institution
and are scheduled for release within six months. The release of
records under this division is limited to records regarding an
inmate's or offender's medication history, physical health status and
history, summary of course of treatment, summary of treatment needs,
and a discharge summary, if any;

(14)
That records and reports relating to a person who has been deceased
for fifty years or more are no longer considered confidential.

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

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

Sec.
5122.311.
(A)
Notwithstanding any provision of the Revised Code to the contrary,
if, on or after April 8, 2004, an individual is found by a
probate

court

or
criminal court
to
be a person with a mental illness subject to court order or becomes
an involuntary patient other than one who is a patient only for
purposes of observation, the
probate

judge
who made the adjudication or the chief clinical officer of the
hospital, community mental health services provider, or facility in
which the person is an involuntary patient shall notify the office of
the attorney general, on the form described in division (C) of this
section, of the identity of the individual. The notification shall be
transmitted by the judge or the chief clinical officer not later than
seven days after the adjudication or commitment.

(B)
The office of the attorney general shall compile and maintain the
notices it receives under division (A) of this section and the
notices shall be used for the purpose of conducting incompetency
records checks pursuant to section 311.41 of the Revised Code. The
notices and the information they contain are confidential, except as
provided in this division, and are not public records.

(C)
The attorney general, by rule adopted under Chapter 119. of the
Revised Code, shall prescribe and make available to all
probate

judges

of probate courts and criminal courts

and all chief clinical officers a form to be used by them for the
purpose of making the notifications required by division (A) of this
section.

Sec.
5122.35.
(A)
In a case in which the jurisdiction of a court has not been
specifically given or the procedure provided for, the court in the
county in which a person alleged to be mentally ill is found shall
have full, complete, and general jurisdiction to make disposition of
such person in accordance with the procedure prescribed by Chapter
5122. of the Revised Code.

(B)
When an affidavit is filed in the
probate

court

or
criminal court
as
provided in section 5122.11 of the Revised Code, and the person
alleged to be mentally ill is detained in a hospital located in
another county, the
probate

court

or
criminal court
of
the county in which such hospital is located shall, upon the request
of the court receiving the affidavit, hold a hearing and make
disposition of such person in accordance with Chapter 5122. of the
Revised Code.

Sec.
5122.36.
If
the legal residence of a person with a mental illness is in another
county of the state, the necessary expense of the person's return is
a proper charge against the county of legal residence. If an
adjudication and order of hospitalization by the probate court
or
criminal court
of
the county of temporary residence are required, the regular probate
court
or
criminal court
fees
and expenses incident to the order of hospitalization under this
chapter and any other expense incurred on the person's behalf shall
be charged to and paid by the county of the person's legal residence
upon the approval and certification of the
probate

judge

of
the probate court or the criminal court
of
the county of the person's legal residence. The ordering court shall
send to the probate court
or
the criminal court
of
the person's county of legal residence a certified copy of the
commitment order from the ordering court. The receiving court shall
enter and record the commitment order. The certified commitment order
is prima facie evidence of the residence of the person. When the
residence of the person cannot be established as represented by the
ordering court, the matter of residence shall be referred to the
department of behavioral health for investigation and determination.

Sec.
5122.38.
Each
individual now or formerly hospitalized pursuant to this chapter or
former Chapter 5123. of the Revised Code, is entitled to an
adjudication of competency or incompetency or termination of
guardianship upon written request by any such individual,
his
the
individual's

guardian, or the chief clinical officer to the probate court

or criminal court
.
The court, on its own motion, may initiate such a hearing.

Upon
filing of such application, or on the
probate

court's

or
criminal court's
own
motion, notice of the purpose, time, and place of the hearing shall
be given to the person upon whose affidavit such adjudication was
made, to the guardian of the applicant, and to
his
the
person's

spouse at
his
the
spouse's

residence, if such address is known.

Upon
hearing, if it is proven that such applicant is competent, the

probate

court

or
criminal court
shall
so find and enter the finding on its journal. The adjudicating court
shall send a transcript of the adjudication to the county of the
patient's residence.

Sec.
5122.41.
The

probate

court

or criminal court
,
upon making an order hospitalizing a person under this chapter, shall
immediately transmit to the chief clinical officer of the hospital,
copies, under
his
the
court's

official seal, of court papers in the case, including the certificate
of the medical witnesses and of
his
the
court's

findings in the case.

Upon
hospitalization, the chief clinical officer of the hospital to which
the patient is admitted shall take possession of all money and other
valuables that may be upon the person of the patient, and shall
within ten days file a list thereof with the
probate

judge

of
the probate court or the criminal court
of
the county of which the patient is a resident. If the amount of money
is fifty dollars or less it shall be retained and expended by the
chief clinical officer of the hospital for the benefit of the
patient. Unless a guardian of the estate of the patient has already
been appointed, the
probate

judge

of
the probate court or the criminal court
may,
upon
his
the
judge's

own motion and without notice, appoint a special guardian of the
estate of the patient. Any special guardian, before being appointed,
shall file a bond approved by the probate judge in the same amount as
is required by section 2109.04 of the Revised Code. A special
guardian as provided for in this section, and while acting as such,
shall be governed by all laws applicable to guardians of the estates
of either minors or incompetents. The special guardian shall be
allowed such compensation for
his
the
special guardian's

services as the
probate

court

or
criminal court
thinks
reasonable, provided
he
the
special guardian

forthwith performs all the duties incumbent upon
him
the
special guardian
.

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

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

judge

of the probate court or the criminal court
;

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

(3)
To physicians or licensed clinical psychologists acting as expert
witnesses and to other expert witnesses designated by the
probate

court

or criminal court
,
an amount determined by the
probate

court

or criminal court
;

(4)
To other witnesses, the same fees and mileage as for attendance at
the court of common pleas
,
county court, or municipal court
,
to be paid upon the approval of the
probate

judge

of the probate court or the criminal court
;

(5)
To a person, other than the sheriff or the sheriff's deputies, for
taking a person with a mental illness to a hospital or removing a
person with a mental illness from a hospital, the actual necessary
expenses incurred, specifically itemized, and approved by the
probate

judge

of the probate court or the criminal court
;

(6)
To assistants who convey persons with a mental illness to the
hospital when authorized by the
probate

judge

of the probate court or the criminal court
,
a fee set by the probate court

or criminal court
,
provided the assistants are not drawing a salary from the state or
any political subdivision of the state, and their actual necessary
expenses incurred, provided that the expenses are specifically
itemized and approved by the
probate

judge

of the probate court or the criminal court
;

(7)
To an attorney appointed by the probate division for an indigent who
allegedly is a person with a mental illness pursuant to any section
of this chapter or a person experiencing alcohol and other drug abuse
and who may be ordered under sections 5119.91 to 5119.98 of the
Revised Code to undergo treatment, the fees that are determined by
the probate division. When those indigent persons are before the

probate

court

or criminal court
,
all filing and recording fees shall be waived.

(8)
To a referee who is appointed to conduct proceedings under this
chapter that involve a respondent whose domicile is or, before the
respondent's hospitalization, was not the county in which the
proceedings are held, compensation as fixed by the probate

division

court or criminal court
,
but not more than the compensation paid for similar proceedings for
respondents whose domicile is in the county in which the proceedings
are held;

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

(B)
A county shall pay for the costs, fees, and expenses described in
division (A) of this section with money appropriated pursuant to
section 2101.11 of the Revised Code. A county may seek reimbursement
from the department of
mental

behavioral

health

and
addiction services
by
submitting a request and certification by the county auditor of the
costs, fees, and expenses to the department within two months of the
date the costs, fees, and expenses are incurred by the county.

Each
fiscal year, based on past allocations, historical utilization, and
other factors the department considers appropriate, the department
shall allocate for each county an amount for reimbursements under
this section. A county's allocation may be zero. The department shall
set aside an amount in addition to the allocations to cover court
costs associated with proceedings held under this chapter for
counties that received an allocation of zero but that incurred
expenditures authorized by the department. The total of all the
allocations plus the additional amount set aside shall equal the
amount appropriated for the fiscal year to the department
specifically for the purposes of this section.

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

The
department's total reimbursement to each county shall be the lesser
of the full amount requested or either the amount allocated for the
county under this division, or, for counties that received an
allocation of zero, the amount approved by the department. In
addition, the department shall distribute any surplus remaining from
the money appropriated for the fiscal year to the department for the
purposes of this section as follows to counties whose full requests
exceed their allocations:

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

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

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

Sec.
5123.01.
As
used in this chapter:

(A)
"Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for persons with
intellectual disabilities with the approval of the director of
developmental disabilities to provide medical treatment for residents
of the institution.

(B)
"Chief program director" means a person with special
training and experience in the diagnosis and management of persons
with developmental disabilities, certified according to division (C)
of this section in at least one of the designated fields, and
appointed by the managing officer of an institution for persons with
intellectual disabilities with the approval of the director to
provide habilitation and care for residents of the institution.

(C)
"Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with dissenting
opinions if any, by a group of persons with special training and
experience in the diagnosis and management of persons with
developmental disabilities, which group shall include individuals who
are professionally qualified in the fields of medicine, psychology,
and social work, together with such other specialists as the
individual case may require.

(D)
"Education" means the process of formal training and
instruction to facilitate the intellectual and emotional development
of residents.

(E)
"Habilitation" means the process by which the staff of the
institution assists the resident in acquiring and maintaining those
life skills that enable the resident to cope more effectively with
the demands of the resident's own person and of the resident's
environment and in raising the level of the resident's physical,
mental, social, and vocational efficiency. Habilitation includes but
is not limited to programs of formal, structured education and
training.

(F)
"Health officer" means any public health physician, public
health nurse, or other person authorized or designated by a city or
general health district.

(G)
"Home and community-based services" means medicaid-funded
home and community-based services specified in division (A)(1) of
section 5166.20 of the Revised Code provided under the medicaid
waiver components the department of developmental disabilities
administers pursuant to section 5166.21 of the Revised Code. Except
as provided in section 5123.0412 of the Revised Code, home and
community-based services provided under the medicaid waiver component
known as the transitions developmental disabilities waiver are to be
considered to be home and community-based services for the purposes
of this chapter, and Chapters 5124. and 5126. of the Revised Code,
only to the extent, if any, provided by the contract required by
section 5166.21 of the Revised Code regarding the waiver.

(H)
"ICF/IID" and "ICF/IID services" have the same
meanings as in section 5124.01 of the Revised Code.

(I)
"Indigent person" means a person who is unable, without
substantial financial hardship, to provide for the payment of an
attorney and for other necessary expenses of legal representation,
including expert testimony.

(J)
"Institution" means a public or private facility, or a part
of a public or private facility, that is licensed by the appropriate
state department and is equipped to provide residential habilitation,
care, and treatment for persons with intellectual disabilities.

(K)
"Licensed physician" means a person who holds a valid
license issued under Chapter 4731. of the Revised Code authorizing
the person to practice medicine and surgery or osteopathic medicine
and surgery, or a medical officer of the government of the United
States while in the performance of the officer's official duties.

(L)
"Managing officer" means a person who is appointed by the
director of developmental disabilities to be in executive control of
an institution under the jurisdiction of the department of
developmental disabilities.

(M)
"Medicaid case management services" means case management
services provided to an individual with a developmental disability
that the state medicaid plan requires.

(N)
"Intellectual disability" means a disability characterized
by having significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.

(O)
"Person with an intellectual disability subject to
institutionalization by court order" means a person eighteen
years of age or older with at least a moderate level of intellectual
disability and in relation to whom, because of the person's
disability, either of the following conditions exists:

(1)
The person represents a very substantial risk of 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 most basic
physical needs and that provision for those needs is not available in
the community;

(2)
The person needs and is susceptible to significant habilitation in an
institution.

(P)
"Moderate level of intellectual disability" means the
condition in which a person, following a comprehensive evaluation, is
found to have at least moderate deficits in overall intellectual
functioning, as indicated by a full-scale intelligence quotient test
score of fifty-five or below, and at least moderate deficits in
adaptive behavior, as determined in accordance with the criteria
established in the fifth edition of the diagnostic and statistical
manual of mental disorders published by the American psychiatric
association.

(Q)
"Developmental disability" means a severe, chronic
disability that is characterized by all of the following:

(1)
It is attributable to a mental or physical impairment or a
combination of mental and physical impairments, other than a mental
or physical impairment solely caused by mental illness, as defined in
division (A) of section 5122.01 of the Revised Code.

(2)
It is manifested before age twenty-two.

(3)
It is likely to continue indefinitely.

(4)
It results in one of the following:

(a)
In the case of a person under three years of age, at least one
developmental delay, as defined in rules adopted under section
5123.011 of the Revised Code, or a diagnosed physical or mental
condition that has a high probability of resulting in a developmental
delay, as defined in those rules;

(b)
In the case of a person at least three years of age but under six
years of age, at least two developmental delays, as defined in rules
adopted under section 5123.011 of the Revised Code;

(c)
In the case of a person six years of age or older, a substantial
functional limitation in at least three of the following areas of
major life activity, as appropriate for the person's age: self-care,
receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, and, if the person
is at least sixteen years of age, capacity for economic
self-sufficiency.

(5)
It causes the person to need a combination and sequence of special,
interdisciplinary, or other type of care, treatment, or provision of
services for an extended period of time that is individually planned
and coordinated for the person.

"Developmental
disability" includes intellectual disability.

(R)
"State institution" means an institution that is
tax-supported and under the jurisdiction of the department of
developmental disabilities.

(S)
"Residence" and "legal residence" have the same
meaning as "legal settlement," which is acquired by
residing in Ohio for a period of one year without receiving general
assistance prior to July 17, 1995, under former Chapter 5113. of the
Revised Code, without receiving financial assistance prior to
December 31, 2017, under former Chapter 5115. of the Revised Code, or
assistance from a private agency that maintains records of assistance
given. A person having a legal settlement in the state shall be
considered as having legal settlement in the assistance area in which
the person resides. No adult person coming into this state and having
a spouse or minor children residing in another state shall obtain a
legal settlement in this state as long as the spouse or minor
children are receiving public assistance, care, or support at the
expense of the other state or its subdivisions. For the purpose of
determining the legal settlement of a person who is living in a
public or private institution or in a home subject to licensing by
the department of job and family services, the department of
mental

behavioral

health

and addiction services
,
or the department of developmental disabilities, the residence of the
person shall be considered as though the person were residing in the
county in which the person was living prior to the person's entrance
into the institution or home. Settlement once acquired shall continue
until a person has been continuously absent from Ohio for a period of
one year or has acquired a legal residence in another state. A woman
who marries a man with legal settlement in any county immediately
acquires the settlement of her husband. The legal settlement of a
minor is that of the parents, surviving parent, sole parent, parent
who is designated the residential parent and legal custodian by a
court, other adult having permanent custody awarded by a court, or
guardian of the person of the minor, provided that:

(1)
A minor female who marries shall be considered to have the legal
settlement of her husband and, in the case of death of her husband or
divorce, she shall not thereby lose her legal settlement obtained by
the marriage.

(2)
A minor male who marries, establishes a home, and who has resided in
this state for one year without receiving general assistance prior to
July 17, 1995, under former Chapter 5113. of the Revised Code or
assistance from a private agency that maintains records of assistance
given shall be considered to have obtained a legal settlement in this
state.

(3)
The legal settlement of a child under eighteen years of age who is in
the care or custody of a public or private child caring agency shall
not change if the legal settlement of the parent changes until after
the child has been in the home of the parent for a period of one
year.

No
person, adult or minor, may establish a legal settlement in this
state for the purpose of gaining admission to any state institution.

(T)(1)
"Resident" means, subject to division (T)(2) of this
section, a person who is admitted either voluntarily or involuntarily
to an institution or other facility pursuant to section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a
finding of not guilty by reason of insanity or incompetence to stand
trial or under this chapter who is under observation or receiving
habilitation and care in an institution.

(2)
"Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code to the extent that the
reference in this chapter to resident, or the context in which the
reference occurs, is in conflict with any provision of sections
2945.37 to 2945.402 of the Revised Code.

(U)
"Respondent" means the person whose detention, commitment,
or continued commitment is being sought in any proceeding under this
chapter.

(V)
"Working day" and "court day" mean Monday,
Tuesday, Wednesday, Thursday, and Friday, except when such day is a
legal holiday.

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

(X)

"Court"
"Probate
court"

means the probate division of the court of common pleas.

(Y)
"Supported living" and "residential services"
have the same meanings as in section 5126.01 of the Revised Code.

(Z)
"Criminal court" has the same meaning as in section 5122.01
of the Revised Code.

Sec.
5123.21.
The
director of developmental disabilities may transfer or authorize the
transfer of an involuntary resident or a consenting voluntary
resident from one public institution to another or to an institution
other than a public institution or other facility, if the director
determines that it would be consistent with the habilitation needs of
the resident to do so.

Before
an involuntary resident may be transferred to a more restrictive
setting, the managing officer of the institution shall file a motion
with the
probate

court

or
criminal court
requesting
the court to amend its order of placement issued under section
5123.76 of the Revised Code. At the resident's request, the court
shall hold a hearing on the motion at which the resident has the same
rights as at a full hearing under section 5123.76 of the Revised
Code.

Whenever
a resident is transferred, the director shall give written notice of
the transfer to the resident's legal guardian, parents, spouse, and
counsel, or, if none is known, to the resident's nearest known
relative or friend. If the resident is a minor, the director before
making such a transfer shall make a minute of the order for the
transfer and the reason for it upon its record and shall send a
certified copy at least seven days prior to the transfer to the
person shown by its record to have had the care or custody of the
minor immediately prior to the minor's commitment. Whenever a
consenting voluntary resident is transferred, the notification shall
be given only at the resident's request. The managing officer shall
advise a voluntary resident who is being transferred that the patient
may decide if such a notification shall be given. In all such
transfers, due consideration shall be given to the relationship of
the resident to the resident's family, legal guardian, or friends, so
as to maintain relationships and encourage visits beneficial to the
resident.

Sec.
5123.39.
If
not otherwise furnished, the
probate

judge

of
the probate court or the criminal court
shall
see that each patient hospitalized under section 5123.76 of the
Revised Code is properly attired for transportation, and, in
addition, the institution shall be furnished a complete change of
clothing for such patient, which shall be paid for on the certificate
of the
probate

judge

of
the probate court or the criminal court
and
the order of the county auditor from the county treasury. Such
clothing shall be new or as good as new.

Sec.
5123.57.
No
guardianship or trusteeship appointment shall be made under sections
5123.55 to 5123.59 of the Revised Code and no person shall be
accepted for service by a protector under those sections unless a
comprehensive evaluation has been made in a clinic or other facility
approved by the department of developmental disabilities. The
evaluation shall include a medical, psychological, social, and
educational evaluation, and a copy of the evaluation shall be filed
with the department.

Any
agency that is appointed as a guardian, trustee, or conservator under
sections 5123.55 to 5123.59 of the Revised Code or accepted as a
protector under those sections shall provide for a review at least
once each year in writing of the physical, mental, and social
condition of each person with a developmental disability for whom it
is acting as guardian, trustee, or protector. An agency providing
protective services under contract with the department shall file
these reports with the department of developmental disabilities. Any
record of the department or agency pertaining to a person with a
developmental disability shall not be a public record under section
149.43 of the Revised Code. Information contained in those records
shall not be disclosed publicly in such a manner as to identify
individuals, but may be made available to persons approved by the
director of developmental disabilities or the
probate

court.

Sec.
5123.58.
An
agency providing protective services under contract with the
department of developmental disabilities may be nominated under any
of the following conditions as guardian, trustee, protector,
conservator, or as trustee and protector of a person with a
developmental disability:

(A)
The person who needs or believes the person needs protective service
may make application in writing.

(B)
Any interested person may make application in writing on behalf of a
person with a developmental disability.

(C)
A parent may name the department or agency as guardian or successor
guardian in a will.

(D)
A parent may name the department or agency as guardian, trustee, or
protector, to assume such duties during the parent's lifetime.

If
the results of the comprehensive evaluation required under section
5123.57 of the Revised Code indicate that the person named in the
nomination is in need of protective services, the agency or service
either shall reject or accept the nomination as guardian, trustee, or
conservator, subject to appointment by the probate court, or reject
or accept the nomination as protector, or trustee and protector.

At
the time the nomination is accepted or when an appointment is made by
the
probate

court,
the person with a developmental disability and any person who made
application for service on behalf of the person with a developmental
disability under this section shall be informed by the agency,
service, or
probate

court
of the procedure for terminating the appointment or service. The
agency or service shall cease to provide protective service as a
protector pursuant to nomination under division (A), (B), or (D) of
this section when a written request for termination is received by
the agency from or on behalf of the person with a developmental
disability. If the agency or service believes the person to be in
need of protective service, the agency or service may file an
application for guardianship, trusteeship, or protectorship with the
probate court. Termination of any court appointment as guardian,
trustee, or protector shall be by order of the probate court.

Sec.
5123.61.
(A)
As used in this section:

(1)
"Law enforcement agency" means the state highway patrol,
the police department of a municipal corporation, or a county
sheriff.

(2)
"Abuse" has the same meaning as in section 5123.50 of the
Revised Code, except that it includes a misappropriation, as defined
in that section.

(3)
"Neglect" has the same meaning as in section 5123.50 of the
Revised Code.

(B)
The department of developmental disabilities shall establish a
registry office for the purpose of maintaining reports of abuse,
neglect, and other major unusual incidents made to the department
under this section and reports received from county boards of
developmental disabilities under section 5126.31 of the Revised Code.
The department shall establish committees to review reports of abuse,
neglect, and other major unusual incidents.

(C)(1)
Any person listed in division (C)(2) of this section, having reason
to believe that an individual with a developmental disability has
suffered or faces a substantial risk of suffering any wound, injury,
disability, or condition of such a nature as to reasonably indicate
abuse or neglect of that individual, shall immediately report or
cause reports to be made of such information to the entity specified
in this division. Except as provided in section 5120.173 of the
Revised Code or as otherwise provided in this division, the person
making the report shall make it to a law enforcement agency or to the
county board of developmental disabilities. If the report concerns a
resident of a facility operated by the department of developmental
disabilities the report shall be made either to a law enforcement
agency or to the department. If the report concerns any act or
omission of an employee of a county board of developmental
disabilities, the report immediately shall be made to the department
and to the county board.

(2)
All of the following persons are required to make a report under
division (C)(1) of this section:

(a)
Any physician, including a hospital intern or resident, any dentist,
podiatrist, chiropractor, practitioner of a limited branch of
medicine as specified in section 4731.15 of the Revised Code,
hospital administrator or employee of a hospital, nurse licensed
under Chapter 4723. of the Revised Code, employee of an outpatient
health facility as defined in section 5101.60 of the Revised Code,
employee of a home health agency, employee of a residential facility
licensed under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to
sixteen unrelated adults, or employee of a community mental health
facility;

(b)
Any school teacher or school authority, licensed professional
clinical counselor, licensed professional counselor, independent
social worker, social worker, independent marriage and family
therapist, marriage and family therapist, psychologist, attorney,
peace officer, coroner, or residents' rights advocate as defined in
section 3721.10 of the Revised Code;

(c)
A superintendent, board member, or employee of a county board of
developmental disabilities; an administrator, board member, or
employee of a residential facility licensed under section 5123.19 of
the Revised Code; an administrator, board member, or employee of any
other public or private provider of services to an individual with a
developmental disability, or any developmental disabilities employee,
as defined in section 5123.50 of the Revised Code;

(d)
A member of a citizen's advisory council established at an
institution or branch institution of the department of developmental
disabilities under section 5123.092 of the Revised Code;

(e)
A member of the clergy who is employed in a position that includes
providing specialized services to an individual with a developmental
disability, while acting in an official or professional capacity in
that position, or a person who is employed in a position that
includes providing specialized services to an individual with a
developmental disability and who, while acting in an official or
professional capacity, renders spiritual treatment through prayer in
accordance with the tenets of an organized religion.

(3)(a)
The reporting requirements of this division do not apply to employees
of the Ohio protection and advocacy system.

(b)
An attorney or physician is not required to make a report pursuant to
division (C)(1) of this section concerning any communication the
attorney or physician receives from a client or patient in an
attorney-client or physician-patient relationship, if, in accordance
with division (A) or (B) of section 2317.02 of the Revised Code, the
attorney or physician could not testify with respect to that
communication in a civil or criminal proceeding, except that the
client or patient is deemed to have waived any testimonial privilege
under division (A) or (B) of section 2317.02 of the Revised Code with
respect to that communication and the attorney or physician shall
make a report pursuant to division (C)(1) of this section, if both of
the following apply:

(i)
The client or patient, at the time of the communication, is an
individual with a developmental disability.

(ii)
The attorney or physician knows or suspects, as a result of the
communication or any observations made during that communication,
that the client or patient has suffered or faces a substantial risk
of suffering any wound, injury, disability, or condition of a nature
that reasonably indicates abuse or neglect of the client or patient.

(4)
Any person who fails to make a report required under division (C) of
this section and who is a developmental disabilities employee, as
defined in section 5123.50 of the Revised Code, shall be eligible to
be included in the registry regarding misappropriation, abuse,
neglect, or other specified misconduct by developmental disabilities
employees established under section 5123.52 of the Revised Code.

(D)
The reports required under division (C) of this section shall be made
forthwith by telephone or in person and shall be followed by a
written report. The reports shall contain the following:

(1)
The names and addresses of the individual with a developmental
disability and the individual's custodian, if known;

(2)
The age of the individual with a developmental disability;

(3)
Any other information that would assist in the investigation of the
report.

(E)
When a physician performing services as a member of the staff of a
hospital or similar institution has reason to believe that an
individual with a developmental disability has suffered injury,
abuse, or physical neglect, the physician shall notify the person in
charge of the institution or that person's designated delegate, who
shall make the necessary reports.

(F)
Any person having reasonable cause to believe that an individual with
a developmental disability has suffered or faces a substantial risk
of suffering abuse or neglect may report or cause a report to be made
of that belief to the entity specified in this division. Except as
provided in section 5120.173 of the Revised Code or as otherwise
provided in this division, the person making the report shall make it
to a law enforcement agency or the county board of developmental
disabilities. If the individual is a resident of a facility operated
by the department of developmental disabilities, the report shall be
made to a law enforcement agency or to the department. If the report
concerns any act or omission of an employee of a county board of
developmental disabilities, the report immediately shall be made to
the department and to the county board.

(G)(1)
Upon the receipt of a report concerning the possible abuse or neglect
of an individual with a developmental disability, the law enforcement
agency shall inform the county board of developmental disabilities
or, if the individual is a resident of a facility operated by the
department of developmental disabilities, the department.

(2)
On receipt of a report under this section that includes an allegation
of action or inaction that may constitute a crime under federal law
or the law of this state, the department of developmental
disabilities shall notify the law enforcement agency.

(3)
When a county board of developmental disabilities receives a report
under this section that includes an allegation of action or inaction
that may constitute a crime under federal law or the law of this
state, the superintendent of the board or an individual the
superintendent designates under division (H) of this section shall
notify the law enforcement agency. The superintendent or individual
shall notify the department of developmental disabilities when it
receives any report under this section.

(4)
When a county board of developmental disabilities receives a report
under this section and believes that the degree of risk to the person
is such that the report is an emergency, the superintendent of the
board or an employee of the board the superintendent designates shall
attempt a face-to-face contact with the individual with a
developmental disability who allegedly is the victim within one hour
of the board's receipt of the report.

(H)
The superintendent of the board may designate an individual to be
responsible for notifying the law enforcement agency and the
department when the county board receives a report under this
section.

(I)
An adult with a developmental disability about whom a report is made
may be removed from the adult's place of residence only by law
enforcement officers who consider that the adult's immediate removal
is essential to protect the adult from further injury or abuse or in
accordance with the order of a
probate

court
made pursuant to section 5126.33 of the Revised Code.

(J)
A law enforcement agency shall investigate each report of abuse or
neglect it receives under this section. In addition, the department,
in cooperation with law enforcement officials, shall investigate each
report regarding a resident of a facility operated by the department
to determine the circumstances surrounding the injury, the cause of
the injury, and the person responsible. The investigation shall be in
accordance with the memorandum of understanding prepared under
section 5126.058 of the Revised Code. The department shall determine,
with the registry office which shall be maintained by the department,
whether prior reports have been made concerning an adult with a
developmental disability or other principals in the case. If the
department finds that the report involves action or inaction that may
constitute a crime under federal law or the law of this state, it
shall submit a report of its investigation, in writing, to the law
enforcement agency. If the individual with a developmental disability
is an adult, with the consent of the adult, the department shall
provide such protective services as are necessary to protect the
adult. The law enforcement agency shall make a written report of its
findings to the department.

If
the individual with a developmental disability is an adult and is not
a resident of a facility operated by the department, the county board
of developmental disabilities shall review the report of abuse or
neglect in accordance with sections 5126.30 to 5126.33 of the Revised
Code and the law enforcement agency shall make the written report of
its findings to the county board.

(K)
Any person or any hospital, institution, school, health department,
or agency participating in the making of reports pursuant to this
section, any person participating as a witness in an administrative
or judicial proceeding resulting from the reports, or any person or
governmental entity that discharges responsibilities under sections
5126.31 to 5126.33 of the Revised Code shall be immune from any civil
or criminal liability that might otherwise be incurred or imposed as
a result of such actions except liability for perjury, unless the
person or governmental entity has acted in bad faith or with
malicious purpose.

(L)
No employer or any person with the authority to do so shall
discharge, demote, transfer, prepare a negative work performance
evaluation, reduce pay or benefits, terminate work privileges, or
take any other action detrimental to an employee or retaliate against
an employee as a result of the employee's having made a report under
this section. This division does not preclude an employer or person
with authority from taking action with regard to an employee who has
made a report under this section if there is another reasonable basis
for the action.

(M)
Reports made under this section are not public records as defined in
section 149.43 of the Revised Code. Information contained in the
reports on request shall be made available to the individual who is
the subject of the report, to the individual's legal counsel, and to
agencies authorized to receive information in the report by the
department or by a county board of developmental disabilities.

(N)
Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding the injuries or physical neglect of an individual
with a developmental disability or the cause thereof in any judicial
proceeding resulting from a report submitted pursuant to this
section.

Sec.
5123.70.
(A)
A resident admitted pursuant to section 5123.69 of the Revised Code
who requests
his
the
resident's

own release or whose release is requested in writing by
his
the
resident's

counsel, legal guardian, parent, spouse, or adult next of kin shall
be released forthwith except that:

(1)
If a resident was admitted on
his
the
resident's

own application and the request for release is made by a person other
than the resident, release may be made conditional upon the agreement
of the resident thereto if
his
the
resident's

continued institutionalization is supported by
his
the
resident's

most recent comprehensive evaluation;

(2)
If, within three court days from the receipt of the request for
release, the managing officer files an affidavit or causes an
affidavit to be filed under section 5123.71 of the Revised Code with
the probate
division
of the
court

of
common pleas of the county where the resident has his residence or
where he is institutionalized

or criminal court
,
release may be postponed until a hearing can be held pursuant to
section 5123.76 of the Revised Code. In such case, the request for
release shall substitute for the request for a probable cause hearing
under section 5123.75 of the Revised Code.

A
telephone communication to the probate division from the managing
officer of the institution or
his
the
managing officer's

designee indicating that the required affidavit has been mailed by
certified mail shall be sufficient compliance with division (A)(2) of
this section.

(B)
Judicial proceedings for institutionalization shall not be commenced
with respect to a voluntary resident except pursuant to division
(A)(2) of this section.

(C)
Sections 5121.01 to 5121.10 of the Revised Code shall apply to the
persons received in a public institution on a voluntary application.

(D)
The managing officer shall inform residents, parents, guardians, and
custodians of the right to release as provided in this section and
shall assist residents in making and presenting requests for release.

Sec.
5123.71.
(A)(1)
Proceedings for the involuntary institutionalization of a person
pursuant to sections 5123.71 to 5123.76 of the Revised Code shall be
commenced by the filing of an affidavit
with
the probate division of the court of common pleas of the county where
the person resides or where the person is institutionalized,
in
the manner and form prescribed by the department of developmental
disabilities
.
The affidavit shall be filed in

either
of
the following manners:

In
a probate court of the county where the person resides or where the
person is institutionalized either
on
information or actual knowledge, whichever is determined to be proper
by the court. The affidavit may be filed
in
a probate court
only
by a person who has custody of the individual as a parent, guardian,
or service provider or by a person acting on behalf of the department
or a county board of developmental disabilities.
This
section does not apply regarding the institutionalization of a person
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the
Revised Code.

In
a criminal court by the trial court or prosecutor, pursuant to
division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code.

The
affidavit shall contain an allegation setting forth the specific
category or categories under division (O) of section 5123.01 of the
Revised Code upon which the commencement of proceedings is based and
a statement of the factual ground for the belief that the person is a
person with an intellectual disability subject to
institutionalization by court order. Except as provided in division
(A)(2) of this section, the affidavit shall be accompanied by both of
the following:

(a)
A comprehensive evaluation report prepared by the person's evaluation
team that includes a statement by the members of the team certifying
that they have performed a comprehensive evaluation of the person and
that they are of the opinion that the person is a person with an
intellectual disability subject to institutionalization by court
order;

(b)
An assessment report prepared by the county board of developmental
disabilities under section 5123.711 of the Revised Code specifying
that the individual is in need of services on an emergency or
priority basis.

(2)
In lieu of the comprehensive evaluation report, the affidavit may be
accompanied by a written and sworn statement that the person or the
guardian of a person adjudicated incompetent has refused to allow a
comprehensive evaluation and county board assessment and assessment
reports. Immediately after accepting an affidavit that is not
accompanied by the reports of a comprehensive evaluation and county
board assessment, the
probate

court

or
criminal court
shall
cause a comprehensive evaluation and county board assessment of the
person named in the affidavit to be performed. The evaluation shall
be conducted in the least restrictive environment possible and the
assessment shall be conducted in the same manner as assessments
conducted under section 5123.711 of the Revised Code. The evaluation
and assessment must be completed before a probable cause hearing or
full hearing may be held under section 5123.75 or 5123.76 of the
Revised Code.

A
written report of the evaluation team's findings and the county
board's assessment shall be filed with the
probate

court

or criminal court
.
The reports shall, consistent with the rules of evidence, be accepted
as probative evidence in any proceeding under section 5123.75 or
5123.76 of the Revised Code. If the counsel for the person who is
evaluated or assessed is known, the court shall send to the counsel a
copy of the reports as soon as possible after they are filed and
prior to any proceedings under section 5123.75 or 5123.76 of the
Revised Code.

(B)
Any person who is involuntarily detained in an institution or
otherwise is in custody under this chapter shall be informed of the
right to do the following:

(1)
Immediately make a reasonable number of telephone calls or use other
reasonable means to contact an attorney, a physician, or both, to
contact any other person or persons to secure representation by
counsel, or to obtain medical assistance, and be provided assistance
in making calls if the assistance is needed and requested;

(2)
Retain counsel and have independent expert evaluation and, if the
person is an indigent person, be represented by court-appointed
counsel and have independent expert evaluation at
court

the
probate court's or criminal court's
expense;

(3)
Upon request, have a hearing to determine whether there is probable
cause to believe that the person is a person with an intellectual
disability subject to institutionalization by court order.

(C)
No person who is being treated by spiritual means through prayer
alone in accordance with a recognized religious method of healing may
be ordered detained or involuntarily committed unless the
probate

court

or
criminal court
has
determined that the person represents a very substantial risk of
self-impairment, self-injury, or impairment or injury to others.

Sec.
5123.73.
(A)
After receipt of the affidavit required by section 5123.71 of the
Revised Code, the
probate

court

or
criminal court
shall
cause written notice, by mail or otherwise, of any hearing the court
directs, to be given to all of the following persons:

(1)
The respondent;

(2)
The respondent's legal guardian, if any;

(3)
The respondent's spouse, if address is known;

(4)
The person filing the affidavit;

(5)
Any one person designated by the respondent, except that if the
respondent does not make a selection, the notice shall be sent to the
adult next of kin other than the person who filed the affidavit, if
that person's address is known to the
probate

court

or criminal court
;

(6)
The respondent's counsel;

(7)
The director of developmental disabilities or the director's designee
under section 5123.72 of the Revised Code.

(B)
All persons entitled to notice under this section may waive that
notice.

(C)
A copy of the affidavit and of any temporary order shall be served
with a notice under this section.

Sec.
5123.74.
(A)
On receipt of an affidavit under section 5123.71 of the Revised Code,
the probate
division
of the
court

of
common pleas
or
criminal court
may,
if it has probable cause to believe that the person named in the
affidavit is a person with an intellectual disability subject to
institutionalization by court order and that emergency
institutionalization is required, do any of the following:

(1)
Issue a temporary order of detention ordering any health or police
officer or sheriff to take into custody and transport such person to
an institution or other place as designated in section 5123.77 of the
Revised Code;

(2)
Order the county board of developmental disabilities to provide
services to the individual in the community if the board's assessment
of the individual conducted under section 5123.711 of the Revised
Code identifies that resources are available to meet the individual's
needs in an appropriate manner within the community as an alternative
to institutionalization;

(3)
Set the matter for further hearing.

(B)
A managing officer of a nonpublic institution may, and the managing
officer of a public institution shall, receive for observation,
diagnosis, habilitation, and care any person whose admission is
ordered pursuant to division (A)(1) of this section.

The
alternatives to institutionalization that may be ordered under
division (A)(2) of this section are limited to those that are
necessary to remediate the emergency condition; necessary for the
person's health, safety or welfare; and necessary for the protection
of society, if applicable.

(C)
A person detained under this section may be observed and habilitated
until the probable cause hearing provided for in section 5123.75 of
the Revised Code. If no probable cause hearing is requested or held,
the person may be evaluated and shall be provided with habilitative
services until the full hearing is held pursuant to section 5123.76
of the Revised Code.

Sec.
5123.75.
A
respondent who is involuntarily placed in an institution or other
place as designated in section 5123.77 of the Revised Code or with
respect to whom proceedings have been instituted under section
5123.71 of the Revised Code shall, on request of the respondent, the
respondent's guardian, or the respondent's counsel, or upon the

probate

court's

or
criminal court's
own
motion, be afforded a hearing to determine whether there is probable
cause to believe that the respondent is a person with an intellectual
disability subject to institutionalization by court order.

(A)
The probable cause hearing shall be conducted within two court days
from the day on which the request is made. Failure to conduct the
probable cause hearing within this time shall effect an immediate
discharge of the respondent. If the proceedings are not reinstituted
within thirty days, records of the proceedings shall be expunged.

(B)
The respondent shall be informed that the respondent may retain
counsel and have independent expert evaluation and, if the respondent
is an indigent person, be represented by court appointed counsel and
have independent expert evaluation at
court

the
probate court's or criminal court's
expense.

(C)
The probable cause hearing shall be conducted in a manner consistent
with the procedures set forth in division (A) of section 5123.76 of
the Revised Code, except divisions (A)(10) and (14) of that section,
and the designee of the director of developmental disabilities under
section 5123.72 of the Revised Code shall present evidence for the
state.

(D)
If the
probate

court

or
criminal court
does
not find probable cause to believe that the respondent is a person
with an intellectual disability subject to institutionalization by
court order, it shall order immediate release of the respondent and
dismiss and expunge all record of the proceedings under this chapter.

(E)
On motion of the respondent or the respondent's counsel and for good
cause shown, the
probate

court

or
criminal court
may
order a continuance of the hearing.

(F)
If the
probate

court

or
criminal court
finds
probable cause to believe that the respondent is a person with an
intellectual disability subject to institutionalization by court
order, the court may issue an interim order of placement and, where
proceedings under section 5123.71 of the Revised Code have been
instituted, shall order a full hearing as provided in section 5123.76
of the Revised Code to be held on the question of whether the
respondent is a person with an intellectual disability subject to
institutionalization by court order. Unless specifically waived by
the respondent or the respondent's counsel, the court shall schedule
said hearing to be held as soon as possible within ten days from the
probable cause hearing. A waiver of such full hearing at this point
shall not preclude the respondent from asserting the respondent's
right to such hearing under section 5123.76 of the Revised Code at
any time prior to the mandatory hearing provided in division (H) of
section 5123.76 of the Revised Code. In any case, if the respondent
has waived the right to the full hearing, a mandatory hearing shall
be held under division (H) of section 5123.76 of the Revised Code
between the ninetieth and the one hundredth day after the original
involuntary detention of the person unless the respondent has been
discharged.

(G)
Whenever possible, the probable cause hearing shall be held before
the respondent is taken into custody.

Sec.
5123.76.
(A)
The full hearing shall be conducted in a manner consistent with the
procedures outlined in this chapter and with due process of law. The
hearing shall be held by a judge of the probate
division

court

or,
upon transfer by the judge of the probate

division

court
,
by another judge of the court of common pleas,
a
judge of the criminal court,
or
a referee designated by the judge of the probate

division

court or criminal court
.
Any referee designated by the judge of the probate
division

court
or criminal court
must
be an attorney.

(1)
The following shall be made available to counsel for the respondent:

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

(b)
All relevant documents, information, and evidence in the custody or
control of the institution, facility, or program in which the
respondent currently is held or in which the respondent has been held
pursuant to these proceedings;

(c)
With the consent of the respondent, all relevant documents,
information, and evidence in the custody or control of any
institution or person other than the state.

(2)
The respondent has the right to be represented by counsel of the
respondent's choice and has the right to attend the hearing except if
unusual circumstances of compelling medical necessity exist that
render the respondent unable to attend and the respondent has not
expressed a desire to attend.

(3)
If the respondent is not represented by counsel and the
probate

court

or
criminal court
determines
that the conditions specified in division (A)(2) of this section
justify the respondent's absence and the right to counsel has not
been validly waived, the court shall appoint counsel forthwith to
represent the respondent at the hearing, reserving the right to tax
costs of appointed counsel to the respondent unless it is shown that
the respondent is indigent. If the court appoints counsel, or if the
court determines that the evidence relevant to the respondent's
absence does not justify the absence, the court shall continue the
case.

(4)
The respondent shall be informed of the right to retain counsel, to
have independent expert evaluation, and, if an indigent person, to be
represented by court appointed counsel and have expert independent
evaluation at
court

the
probate court's or criminal court's
expense.

(5)
The hearing may be closed to the public unless counsel for the
respondent requests that the hearing be open to the public.

(6)
Unless objected to by the respondent, the respondent's counsel, or
the designee of the director of developmental disabilities under
section 5123.72 of the Revised Code, the
probate

court

or criminal court
,
for good cause shown, may admit persons having a legitimate interest
in the proceedings.

(7)
The affiant under section 5123.71 of the Revised Code shall be
subject to subpoena by either party.

(8)
The
probate

court

or
criminal court
shall
examine the sufficiency of all documents filed and shall inform the
respondent, if present, and the respondent's counsel of the nature of
the content of the documents and the reason for which the respondent
is being held or for which the respondent's placement is being
sought.

(9)
The
probate

court

or
criminal court
shall
receive only relevant, competent, and material evidence.

(10)
In accordance with section 5123.72 of the Revised Code, the designee
of the director shall present the evidence for the state. In
proceedings under this chapter, the attorney general shall present
the comprehensive evaluation, assessment, diagnosis, prognosis,
record of habilitation and care, if any, and less restrictive
habilitation plans, if any. The attorney general does not have a
similar presentation responsibility in connection with a person who
has been found not guilty by reason of insanity and who is the
subject of a hearing under section 2945.40 of the Revised Code to
determine whether the person is a person with an intellectual
disability subject to institutionalization by court order.

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

(12)
The respondent shall not be compelled to testify and shall be so
advised by the
probate

court

or criminal court
.

(13)
On motion of the respondent or the respondent's counsel for good
cause shown, or upon the
probate

court's

or
criminal court's
own
motion, the court may order a continuance of the hearing.

(14)
To an extent not inconsistent with this chapter, the Rules of Civil
Procedure shall be applicable.

(B)
Unless, upon completion of the hearing, the
probate

court

or
criminal court
finds
by clear and convincing evidence that the respondent named in the
affidavit is a person with an intellectual disability subject to
institutionalization by court order, it shall order the respondent's
discharge forthwith.

(C)
If, upon completion of the hearing, the
probate

court

or
criminal court
finds
by clear and convincing evidence that the respondent is a person with
an intellectual disability subject to institutionalization by court
order, the court may order the respondent's discharge or order the
respondent, for a period not to exceed ninety days, to any of the
following:

(1)
A public institution, provided that commitment of the respondent to
the institution will not cause the institution to exceed its licensed
capacity determined in accordance with section 5123.19 of the Revised
Code and provided that such a placement is indicated by the
comprehensive evaluation report filed pursuant to section 5123.71 of
the Revised Code;

(2)
A private institution;

(3)
A program offered by a county board of developmental disabilities for
persons with intellectual disabilities;

(4)
Receive private habilitation and care;

(5)
Any other suitable facility, program, or the care of any person
consistent with the comprehensive evaluation, assessment, diagnosis,
prognosis, and habilitation needs of the respondent.

(D)
Any order made pursuant to division (C)(2), (4), or (5) of this
section shall be conditional upon the receipt by the
probate

court

or
criminal court
of
consent by the facility, program, or person to accept the respondent.

(E)
In determining the place to which, or the person with whom, the
respondent is to be committed, the
probate

court

or
criminal court
shall
consider the comprehensive evaluation, assessment, diagnosis, and
projected habilitation plan for the respondent, and shall order the
implementation of the least restrictive alternative available and
consistent with habilitation goals.

(F)
If, at any time it is determined by the director of the facility or
program to which, or the person to whom, the respondent is committed
that the respondent could be equally well habilitated in a less
restrictive environment that is available, the following shall occur:

(1)
The respondent shall be released by the director of the facility or
program or by the person forthwith and referred to the
probate

court

or
criminal court
together
with a report of the findings and recommendations of the facility,
program, or person.

(2)
The director of the facility or program or the person shall notify
the respondent's counsel and the designee of the director of
developmental disabilities.

(3)
The
probate

court

or
criminal court
shall
dismiss the case or order placement in the less restrictive
environment.

(G)(1)
Except as provided in divisions (G)(2) and (3) of this section, any
person who has been committed under this section may apply at any
time during the ninety-day period for voluntary admission to an
institution under section 5123.69 of the Revised Code. Upon admission
of a voluntary resident, the managing officer immediately shall
notify the
probate

court

or criminal court
,
the respondent's counsel, and the designee of the director in writing
of that fact by mail or otherwise, and, upon receipt of the notice,
the court shall dismiss the case.

(2)
A person who is found incompetent to stand trial or not guilty by
reason of insanity and who is committed pursuant to section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code shall not be
voluntarily admitted to an institution pursuant to division (G)(1) of
this section until after the termination of the commitment, as
described in division (J) of section 2945.401 of the Revised Code.

(H)
If, at the end of any commitment period, the respondent has not
already been discharged or has not requested voluntary admission
status, the director of the facility or program, or the person to
whose care the respondent has been committed, shall discharge the
respondent forthwith, unless at least ten days before the expiration
of that period the designee of the director of developmental
disabilities or the prosecutor files an application with the
probate

court

or
criminal court
requesting
continued commitment.

(1)
An application for continued commitment shall include a written
report containing a current comprehensive evaluation and assessment,
a diagnosis, a prognosis, an account of progress and past
habilitation, and a description of alternative habilitation settings
and plans, including a habilitation setting that is the least
restrictive setting consistent with the need for habilitation. A copy
of the application shall be provided to respondent's counsel. The
requirements for notice under section 5123.73 of the Revised Code and
the provisions of divisions (A) to (E) of this section apply to all
hearings on such applications.

(2)
A hearing on the first application for continued commitment shall be
held at the expiration of the first ninety-day period. The hearing
shall be mandatory and may not be waived.

(3)
Subsequent periods of commitment not to exceed one hundred eighty
days each may be ordered by the
probate

court

or
criminal court
if
the designee of the director of developmental disabilities files an
application for continued commitment, after a hearing is held on the
application or without a hearing if no hearing is requested and no
hearing required under division (H)(4) of this section is waived.
Upon the application of a person involuntarily committed under this
section, supported by an affidavit of a licensed physician alleging
that the person is no longer a person with an intellectual disability
subject to institutionalization by court order, the court for good
cause shown may hold a full hearing on the person's continued
commitment prior to the expiration of any subsequent period of
commitment set by the court.

(4)
A mandatory hearing shall be held at least every two years after the
initial commitment.

(5)
If the
probate

court

or criminal court
,
after a hearing upon a request to continue commitment, finds that the
respondent is a person with an intellectual disability subject to
institutionalization by court order, the court may make an order
pursuant to divisions (C), (D), and (E) of this section.

(I)
Notwithstanding the provisions of division (H) of this section, no
person who is found to be a person with an intellectual disability
subject to institutionalization by court order pursuant to division
(O)(2) of section 5123.01 of the Revised Code shall be held under
involuntary commitment for more than five years.

(J)
The managing officer admitting a person pursuant to a judicial
proceeding, within ten working days of the admission, shall make a
report of the admission to the department.

Sec.
5123.79.
(A)
Notwithstanding a finding pursuant to section 5123.76 of the Revised
Code that a person is a person with an intellectual disability
subject to institutionalization by court order, the managing officer
of an institution, with the concurrence of the chief program
director, shall, except as provided in division (C) of this section,
grant a discharge without the consent or the authorization of any
court upon a determination that institutionalization no longer is
appropriate. Upon the discharge, the managing officer of the
institution shall notify the probate
division
of the
court

of
common pleas
or
criminal court
that
made the involuntary commitment.

(B)
Upon the request of the director of a private institution, program,
facility, or person having custody of a resident institutionalized
pursuant to section 5123.76 of the Revised Code, or on the order of
the probate
division
of the
court

of common pleas

or criminal court
,
the resident may be called for a rehearing to determine the
advisability of continued institutionalization at a place within the
county of resident's residence or the county where the resident is
institutionalized as the probate division designates. The hearing
shall be held pursuant to section 5123.76 of the Revised Code.

Sec.
5123.81.
When
an involuntarily committed resident of an institution for persons
with intellectual disabilities is absent without leave, an order
shall be issued within five days after the resident's absence
requiring the resident to be taken into custody by any health or
police officer, or sheriff and transported to the institution from
which the resident is absent. The order may be issued by the director
of developmental disabilities, the managing officer of the
institution from which the resident is absent, or the
probate

judge

of
the probate court or the criminal court
of
the county from which the resident was ordered institutionalized or
in which
he

the
resident
is
found. The officer who takes the resident into custody shall
immediately notify the issuer of the order.

Sec.
5123.811.
The
managing officer of an institution under the control of the
department of developmental disabilities shall immediately report the
removal, death, absence without leave, discharge, or trial visit of
any resident, or return of an absent without leave or visiting
resident to the department, the
probate

judge

of
the probate court or the criminal court
of
the county from which such resident was institutionalized, and the

probate

judge

of
the probate court or the criminal court
of
the county of the residence of such resident. In case of death, the
managing officer shall also notify one or more of the nearest
relatives of the deceased resident, if known to the managing officer,
by letter, telegram, or telephone. If the place of residence of such
relative is unknown to the managing officer, immediately upon
receiving notification, the
probate

judge
shall in the speediest manner possible notify such relatives, if
known to the
probate

judge.

The
managing officer of the institution shall, upon the request of the

probate

judge

of
the probate court or the criminal court
of
the county from which such resident was institutionalized or the

probate

judge

of
the probate court or the criminal court
of
the county of the residence of such resident, make a report to such
judge of the condition of any resident under the care, treatment,
custody, or control of such managing officer.

Sec.
5123.86.
(A)
Except as provided in divisions (C), (D), and (E) of this section,
the chief medical officer shall provide all information, including
expected physical and medical consequences, necessary to enable any
resident of an institution for persons with intellectual disabilities
to give a fully informed, intelligent, and knowing consent if any of
the following procedures are proposed:

(1)
Surgery;

(2)
Sterilization;

(3)
Experimental procedures.

(B)
No resident shall be subjected to sterilization without the
resident's informed consent.

(C)
If a resident is physically or mentally unable to receive the
information required for surgery or an experimental procedure under
division (A) of this section, or has been adjudicated incompetent,
the information may be provided to the resident's natural or
court-appointed guardian, including an agency providing guardianship
services under contract with the department of developmental
disabilities under sections 5123.55 to 5123.59 of the Revised Code.
The guardian may give the informed, intelligent, and knowing written
consent for surgery or the experimental procedure.

If
a resident is physically or mentally unable to receive the
information required for surgery or an experimental procedure under
division (A) of this section and has no guardian, then the
information, the recommendation of the chief medical officer, and the
concurring judgment of a licensed physician who is not a full-time
employee of the state may be provided to the
probate

court

or
criminal court
in
the county in which the institution is located. The court may approve
the surgery or experimental procedure. Before approving the surgery
or experimental procedure, the court shall notify the Ohio protection
and advocacy system created by section 5123.60 of the Revised Code,
and shall notify the resident of the resident's rights to consult
with counsel, to have counsel appointed by the court if the resident
is indigent, and to contest the recommendation of the chief medical
officer.

(D)
If, in the judgment of two licensed physicians, delay in obtaining
consent for surgery would create a grave danger to the health of a
resident, emergency surgery may be performed without the consent of
the resident if the necessary information is provided to the
resident's guardian, including an agency providing guardianship
services under contract with the department of developmental
disabilities under sections 5123.55 to 5123.59 of the Revised Code,
or to the resident's spouse or next of kin to enable that person or
agency to give an informed, intelligent, and knowing written consent.

If
the guardian, spouse, or next of kin cannot be contacted through
exercise of reasonable diligence, or if the guardian, spouse, or next
of kin is contacted, but refuses to consent, then the emergency
surgery may be performed upon the written authorization of the chief
medical officer and after court approval has been obtained. However,
if delay in obtaining court approval would create a grave danger to
the life of the resident, the chief medical officer may authorize
surgery, in writing, without court approval. If the surgery is
authorized without court approval, the chief medical officer who made
the authorization and the physician who performed the surgery shall
each execute an affidavit describing the circumstances constituting
the emergency and warranting the surgery and the circumstances
warranting their not obtaining prior court approval. The affidavit
shall be filed with the
probate

court

or
criminal court
with
which the request for prior approval would have been filed within
five court days after the surgery, and a copy of the affidavit shall
be placed in the resident's file and shall be given to the guardian,
spouse, or next of kin of the resident, to the hospital at which the
surgery was performed, and to the Ohio protection and advocacy system
created by section 5123.60 of the Revised Code.

(E)
This chapter does not authorize any form of compulsory medical or
psychiatric treatment of any resident who is being treated by
spiritual means through prayer alone in accordance with a recognized
religious method of healing.

Sec.
5123.89.
(A)
As used in this section:

(1)
"Family" means a parent, brother, sister, spouse, son,
daughter, grandparent, aunt, uncle, or cousin.

(2)
"Payment" means activities undertaken by a service provider
or government entity to obtain or provide reimbursement for services
provided to a person.

(3)
"Treatment" means the provision of services to a person,
including the coordination or management of services provided to the
person.

(B)
All certificates, applications, records, and reports made for the
purpose of this chapter, other than
probate

court

or
criminal court
journal
entries or
probate

court

or
criminal court
docket
entries, that directly or indirectly identify a resident or former
resident of an institution for persons with intellectual disabilities
or person whose institutionalization has been sought under this
chapter shall be kept confidential and shall not be disclosed by any
person except in the following situations:

(1)
It is the judgment of the
probate

court

or
criminal court
for
judicial records, and the managing officer for institution records,
that disclosure is in the best interest of the person identified, and
that person or that person's guardian or, if that person is a minor,
that person's parent or guardian consents.

(2)
Disclosure is provided for in other sections of this chapter.

(3)
Disclosure is of a record deposited with the Ohio history connection
pursuant to division (C) of section 5123.31 of the Revised Code and
the disclosure is made to the closest living relative of the person
identified, on the relative's request.

(4)
Disclosure is needed for the treatment of a person who is a resident
or former resident of an institution for persons with intellectual
disabilities or a person whose institutionalization has been sought
under this chapter or is needed for the payment of services provided
to the person.

(5)
Disclosure is needed for a guardianship proceeding under Chapter
2111. of the Revised Code.

(C)
The department of developmental disabilities shall adopt rules with
respect to the systematic and periodic destruction of residents'
records.

(D)
Upon the death of a resident or former resident of an institution for
persons with intellectual disabilities or a person whose
institutionalization was sought under this chapter, the managing
officer of an institution shall provide access to the certificates,
applications, records, and reports made for the purposes of this
chapter to the resident's, former resident's, or person's guardian if
the guardian makes a written request. If a deceased resident, former
resident, or person whose institutionalization was sought under this
chapter did not have a guardian at the time of death, the managing
officer shall provide access to the certificates, applications,
records, and reports made for purposes of this chapter to a member of
the person's family, upon that family member's written request.

(E)
No person shall reveal the contents of a record of a resident except
as authorized by this chapter.

Sec.
5123.92.
If
an affidavit alleging that a person has an intellectual disability
and is subject to institutionalization by court order is filed,
according to the provisions of section 5123.71 of the Revised Code,
in the probate
division

court
or criminal court
of
a county within the institutional district but not in the county
within which the institution is located, and if such person is
detained in the institution, the probate
division

court
or criminal court
of
the county in which the institution is located shall, upon the
request of the probate division receiving the affidavit, hold a
hearing and make a disposition of the person in accordance with the
procedures prescribed by this chapter.

Sec.
5123.95.
The

probate

judge

of the probate court or the criminal court
,
upon making an order institutionalizing a person under this chapter,
shall forthwith transmit copies, under the judge's official seal, of
court papers in the case, including the certificate of the expert
witnesses, and of the judge's findings in the case to the managing
officer of the institution for persons with intellectual
disabilities.

If
not otherwise furnished, the probate judge shall see that each person
institutionalized under section 5123.76 of the Revised Code is
properly attired for transportation and, in addition, the institution
shall be furnished a complete change of clothing for such person,
which shall be paid for on the certificate of the probate judge and
the order of the county auditor from the county treasury. The
clothing shall be new or as good as new. The managing officer of the
institution need not receive the person without such clothing.

Upon
institutionalization, the managing officer of the institution to
which the individual is admitted shall take possession of all money
and other valuables that may be upon the person of the individual and
shall, within ten days, file a list thereof with the probate judge of
the county of which the individual is a resident. If the amount of
money is fifty dollars or less it shall be retained and expended by
the managing officer of the institution for the benefit of the
individual. Unless a guardian of the estate of the individual has
already been appointed, the probate judge may, upon the judge's own
motion and without notice, appoint a special guardian of the estate
of the individual. Any special guardian, before being appointed,
shall file a bond approved by the probate judge in the same amount as
is required by section 2109.04 of the Revised Code. A special
guardian as provided for in this section, and while acting as such,
shall be governed by all laws applicable to guardians of the estates
of incompetents. The special guardian shall be allowed such
compensation for the special guardian's services as the
probate

court

or
criminal court
thinks
reasonable, providing the special guardian forthwith performs all the
duties incumbent upon the special guardian.

Sec.
5123.96.
Costs,
fees, and expenses of all proceedings held under this chapter shall
be paid as follows:

(A)
To police and health officers, other than sheriffs or their deputies,
the same fees allowed to constables, to be paid upon the approval of
the
probate

judge

of the probate court or the criminal court
;

(B)
To sheriffs or their deputies, the same fees allowed for similar
services in the court of common pleas
,
county court, or municipal court
;

(C)
To physicians or licensed clinical psychologists acting as expert
witnesses and to other expert witnesses designated by the court, an
amount determined by the
probate

court

or criminal court
;

(D)
To witnesses in an administrative proceeding, the same fees and
mileage as are provided to witnesses by section 119.094 of the
Revised Code, and to witnesses in a judicial proceeding, the same
fees and mileage as are provided to witnesses by section 2335.06 of
the Revised Code, to be paid upon the approval of the
probate

judge

of a probate court or a criminal court
;

(E)
To a person, other than the sheriff or the sheriff's deputies, for
taking a person with an intellectual disability to an institution or
removing a person with an intellectual disability from an
institution, the actual necessary expenses incurred, specifically
itemized, and approved by the
probate

judge

of a probate court or a criminal court
;

(F)
To assistants who convey persons with intellectual disabilities to
institutions when authorized by the
probate

judge

of the probate court or the criminal court
,
a fee set by the probate court, provided the assistants are not
drawing a salary from the state or any political subdivision of the
state, and their actual necessary expenses incurred, provided that
the expenses are specifically itemized and approved by the
probate

judge

of the probate court or the criminal court
;

(G)
To an attorney appointed by the probate
division

court
or criminal court
for
an indigent who allegedly is a person with an intellectual disability
pursuant to any section of this chapter, the fees that are determined
by the probate
division

court or criminal court
.
When those indigent persons are before the court, all filing and
recording fees shall be waived.

(H)
To a referee who is appointed to conduct proceedings under this
chapter that involve a respondent whose domicile is or, before the
respondent's institutionalization, was not the county in which the
proceedings are held, compensation as fixed by the probate

division

court or criminal court
,
but not more than the compensation paid for similar proceedings for
respondents whose domicile is in the county in which the proceedings
are held;

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

All
costs, fees, and expenses described in this section, after payment by
the county from appropriations pursuant to section 2101.11 of the
Revised Code, shall be certified by the county auditor to the
department of developmental disabilities within two months of the
date the costs, fees, and expenses are incurred by the county.
Payment shall be provided for by the director of budget and
management upon presentation of properly verified vouchers. The
director of developmental disabilities may adopt rules in accordance
with Chapter 119. of the Revised Code to implement the payment of
costs, fees, and expenses under this section.

Sec.
5123.97.
In
cases of proceedings held under this chapter, the
probate

judge

of
a probate court or a criminal court
shall
file and preserve all papers filed with
him
the
judge

and make such entries upon
his
the
judge's

docket as, together with the papers so filed, will constitute a
complete record of each case determined by
him
the
judge
.

Section
2.
That
existing sections 149.43, 2101.24, 2108.90, 2945.38, 2945.39,
2945.401, 5122.01, 5122.02, 5122.03, 5122.05, 5122.09, 5122.10,
5122.11, 5122.111, 5122.112, 5122.12, 5122.13, 5122.14, 5122.141,
5122.15, 5122.20, 5122.23, 5122.25, 5122.26, 5122.27, 5122.271,
5122.29, 5122.31, 5122.311, 5122.35, 5122.36, 5122.38, 5122.41,
5122.43, 5123.01, 5123.21, 5123.39, 5123.57, 5123.58, 5123.61,
5123.70, 5123.71, 5123.73, 5123.74, 5123.75, 5123.76, 5123.79,
5123.81, 5123.811, 5123.86, 5123.89, 5123.92, 5123.95, 5123.96, and
5123.97 of the Revised Code are hereby repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
5122.11 of the Revised Code is presented in this act as amended by
both H.B. 281 and S.B. 2 of the 134th General Assembly.

Section
5122.111 of the Revised Code is presented in this act as amended by
both H.B. 281 and S.B. 2 of the 134th General Assembly.