Ohio Revised Code
Chapter 2945 | Trial
Section 2945.37 | Competency to Stand Trial Definitions - Hearing.

Effective: August 3, 2021
Latest Legislation: Senate Bill 2 - 134th General Assembly
(A) As used in sections 2945.37 to 2945.402 of the Revised Code:
(1) "Prosecutor" means a prosecuting attorney or a city director of law, village solicitor, or similar chief legal officer of a municipal corporation who has authority to prosecute a criminal case that is before the court or the criminal case in which a defendant in a criminal case has been found incompetent to stand trial or not guilty by reason of insanity.
(2) "Examiner" means either of the following:
(a) A psychiatrist or a licensed clinical psychologist who satisfies the criteria of division (I) of section 5122.01 of the Revised Code or is employed by a certified forensic center designated by the department of mental health and addiction services to conduct examinations or evaluations.
(b) For purposes of a separate intellectual disability evaluation that is ordered by a court pursuant to division (I) of section 2945.371 of the Revised Code, a psychologist designated by the director of developmental disabilities pursuant to that section to conduct that separate intellectual disability evaluation.
(3) "Nonsecured status" means any unsupervised, off-grounds movement or trial visit from a hospital or institution, or any conditional release, that is granted to a person who is found incompetent to stand trial and is committed pursuant to section 2945.39 of the Revised Code or to a person who is found not guilty by reason of insanity and is committed pursuant to section 2945.40 of the Revised Code.
(4) "Unsupervised, off-grounds movement" includes only off-grounds privileges that are unsupervised and that have an expectation of return to the hospital or institution on a daily basis.
(5) "Trial visit" means a patient privilege of a longer stated duration of unsupervised community contact with an expectation of return to the hospital or institution at designated times.
(6) "Conditional release" means a commitment status under which the trial court at any time may revoke a person's conditional release and order the rehospitalization or reinstitutionalization of the person as described in division (A) of section 2945.402 of the Revised Code and pursuant to which a person who is found incompetent to stand trial or a person who is found not guilty by reason of insanity lives and receives treatment in the community for a period of time that does not exceed the maximum prison term or term of imprisonment that the person could have received for the offense in question had the person been convicted of the offense instead of being found incompetent to stand trial on the charge of the offense or being found not guilty by reason of insanity relative to the offense.
(7) "Licensed clinical psychologist," "mentally ill person subject to court order," and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.
(8) "Person with an intellectual disability subject to institutionalization by court order" has the same meaning as in section 5123.01 of the Revised Code.
(B) In a criminal action in a court of common pleas, a county court, or a municipal court, the court, prosecutor, or defense may raise the issue of the defendant's competence to stand trial. If the issue is raised before the trial has commenced, the court shall hold a hearing on the issue as provided in this section. If the issue is raised after the trial has commenced, the court shall hold a hearing on the issue only for good cause shown or on the court's own motion.
(C) The court shall conduct the hearing required or authorized under division (B) of this section within thirty days after the issue is raised, unless the defendant has been referred for evaluation in which case the court shall conduct the hearing within ten days after the filing of the report of the evaluation or, in the case of a defendant who is ordered by the court pursuant to division (I) of section 2945.371 of the Revised Code to undergo a separate intellectual disability evaluation conducted by a psychologist designated by the director of developmental disabilities, within ten days after the filing of the report of the separate intellectual disability evaluation under that division. A hearing may be continued for good cause.
(D) The defendant shall be represented by counsel at the hearing conducted under division (C) of this section. If the defendant is unable to obtain counsel, the court shall appoint counsel under Chapter 120. of the Revised Code or under the authority recognized in division (C) of section 120.06, division (E) of section 120.16, division (E) of section 120.26, or section 2941.51 of the Revised Code before proceeding with the hearing.
(E) The prosecutor and defense counsel may submit evidence on the issue of the defendant's competence to stand trial. A written report of the evaluation of the defendant may be admitted into evidence at the hearing by stipulation, but, if either the prosecution or defense objects to its admission, the report may be admitted under sections 2317.36 to 2317.38 of the Revised Code or any other applicable statute or rule.
(F) The court shall not find a defendant incompetent to stand trial solely because the defendant is receiving or has received treatment as a voluntary or involuntary mentally ill patient under Chapter 5122. or a voluntary or involuntary resident with an intellectual disability under Chapter 5123. of the Revised Code or because the defendant is receiving or has received psychotropic drugs or other medication, even if the defendant might become incompetent to stand trial without the drugs or medication.
(G) A defendant is presumed to be competent to stand trial. If, after a hearing, the court finds by a preponderance of the evidence that, because of the defendant's present mental condition, the defendant is incapable of understanding the nature and objective of the proceedings against the defendant or of assisting in the defendant's defense, the court shall find the defendant incompetent to stand trial and shall enter an order authorized by section 2945.38 of the Revised Code.
(H) Municipal courts shall follow the procedures set forth in sections 2945.37 to 2945.402 of the Revised Code. Except as provided in section 2945.371 of the Revised Code, a municipal court shall not order an evaluation of the defendant's competence to stand trial or the defendant's mental condition at the time of the commission of the offense to be conducted at any hospital operated by the department of mental health and addiction services. Those evaluations shall be performed through community resources including, but not limited to, certified forensic centers, court probation departments, and community mental health services providers. All expenses of the evaluations shall be borne by the legislative authority of the municipal court, as defined in section 1901.03 of the Revised Code, and shall be taxed as costs in the case. If a defendant is found incompetent to stand trial or not guilty by reason of insanity, a municipal court may commit the defendant as provided in sections 2945.38 to 2945.402 of the Revised Code.
Last updated May 19, 2021 at 11:37 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 29 | Crimes-Procedure

Chapter 2945 | Trial

Section 2945.01 | Trial Definitions.

Section 2945.02 | Setting and Continuing Cases.

Section 2945.03 | Control of Trial.

Section 2945.04 | Orders to Prevent Intimidation of Attorney, Victim or Witness in Criminal Case.

Section 2945.05 | Defendant May Waive Jury Trial.

Section 2945.06 | Procedure for Trial by Court.

Section 2945.08 | Prosecution in Wrong County - Proceeding.

Section 2945.09 | Grounds for Objection.

Section 2945.10 | Order of Proceedings of Trial.

Section 2945.11 | Charge to the Jury as to Law and Fact.

Section 2945.12 | When Accused May Be Tried in His Absence.

Section 2945.13 | Joint Trials in Felony Cases.

Section 2945.14 | Mistake in Charging Offense.

Section 2945.15 | Discharge of Defendant.

Section 2945.16 | View of the Premises - Expenses of View.

Section 2945.17 | Right to Jury Trial.

Section 2945.171 | Written Verdicts.

Section 2945.20 | Separate Trial for Capital Offense.

Section 2945.21 | Peremptory Challenges.

Section 2945.23 | When Peremptory Challenges Required.

Section 2945.24 | Jury Trial.

Section 2945.25 | Challenges for Cause.

Section 2945.26 | Challenge for Cause.

Section 2945.27 | Challenges for Cause to Be Made Before Jury Sworn.

Section 2945.28 | Form of Oath to Jury.

Section 2945.29 | Jurors Becoming Unable to Perform Duties.

Section 2945.30 | Medical Attendance of Juror.

Section 2945.31 | Separation of Jurors.

Section 2945.32 | Oath to Officers if Jury Sequestered.

Section 2945.33 | Supervision of Jury After Case Submitted to Them.

Section 2945.34 | Admonition if Jurors Separate During Trial.

Section 2945.35 | Papers the Jury May Take.

Section 2945.36 | For What Cause Jury May Be Discharged.

Section 2945.37 | Competency to Stand Trial Definitions - Hearing.

Section 2945.371 | Evaluations and Reports of the Defendant's Mental Condition.

Section 2945.38 | Competence to Stand Trial.

Section 2945.39 | Expiration of the Maximum Time for Treatment for Incompetency.

Section 2945.391 | Not Guilty by Reason of Insanity Finding.

Section 2945.392 | Expert Testimony of the Battered Woman Syndrome.

Section 2945.40 | Acquittal by Reason of Insanity.

Section 2945.401 | Incompetency Finding or Insanity Acquittal Continuing Jurisdiction of Court.

Section 2945.402 | Conditional Release.

Section 2945.41 | Rules Applicable in Criminal Cases.

Section 2945.42 | Competency of Witnesses.

Section 2945.43 | Defendant May Testify.

Section 2945.44 | Witnesses Turning State's Evidence.

Section 2945.45 | Subpoenas to Issue to Any County.

Section 2945.451 | Employer May Not Penalize Employee for Being Subpoenaed to Criminal Proceeding.

Section 2945.46 | Attendance of Witness Enforced.

Section 2945.47 | Testimony of Prisoner.

Section 2945.48 | Witness May Be Placed in Jail.

Section 2945.481 | Testimony of Child Victim.

Section 2945.482 | Taking Testimony of a Victim With a Developmental Disability.

Section 2945.49 | Testimony of Witness Who Dies or Cannot Be Produced - Videotape of Preliminary Hearing Testimony of Child Victim.

Section 2945.491 | Taking Testimony of a Victim With a Developmental Disability.

Section 2945.50 | Application for Deposition in Criminal Cases.

Section 2945.51 | When Imprisoned Defendant May Be Taken to Deposition - Expenses.

Section 2945.52 | Counsel Appointed Shall Represent the Defendant.

Section 2945.53 | Right of Accused to Examine Witness.

Section 2945.54 | Conduct of Examination.

Section 2945.55 | Testimony of Previous Identification.

Section 2945.56 | Rebuttal of Defendant's Character Evidence.

Section 2945.57 | Number of Witnesses to Character.

Section 2945.58 | Alibi.

Section 2945.59 | Proof of Defendant's Motive.

Section 2945.63 | Child Pornography Offered as Evidence; Custody.

Section 2945.64 | Embezzlement Prima-Facie Evidence.

Section 2945.65 | Evidence Obtained as Part of Test to Determine Pregnancy.

Section 2945.67 | Appeal by State by Leave of Court.

Section 2945.71 | Time for Trial.

Section 2945.72 | Extending Time for Hearing or Trial.

Section 2945.73 | Delay in Hearing or Trial.

Section 2945.74 | Defendant May Be Convicted of Lesser Offense.

Section 2945.75 | Degree of Offense - Proof of Prior Convictions.

Section 2945.77 | Polling Jury.

Section 2945.78 | Recording the Verdict.

Section 2945.79 | Causes for New Trial.

Section 2945.80 | Written Motion for New Trial.

Section 2945.81 | Causes to Be Sustained by Affidavits.

Section 2945.82 | New Trial.

Section 2945.83 | When New Trial Shall Not Be Granted.

Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.