Ohio Revised Code
Chapter 2945 | Trial
Section 2945.39 | Expiration of the Maximum Time for Treatment for Incompetency.

Effective: October 12, 2016
Latest Legislation: House Bill 158 - 131st General Assembly
(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 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 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 mentally ill person 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 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 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 for treatment at a hospital, facility, or agency as determined clinically appropriate by the department of mental health and addiction services or to another medical or psychiatric facility, as appropriate. Prior to placing the defendant, the department of mental health and addiction services 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 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.

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.