Ohio Revised Code
Chapter 2945 | Trial
Section 2945.40 | Acquittal by Reason of Insanity.

Effective: October 12, 2016
Latest Legislation: House Bill 158 - 131st General Assembly
(A) If a person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order. Prior to the hearing, if the trial judge believes that there is probable cause that the person found not guilty by reason of insanity is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order, the trial judge may issue a temporary order of detention for that person to remain in effect for ten court days or until the hearing, whichever occurs first.
Any person detained pursuant to a temporary order of detention issued under this division shall be held in a suitable facility, taking into consideration the place and type of confinement prior to and during trial.
(B) The court shall hold the hearing under division (A) of this section to determine whether the person found not guilty by reason of insanity is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order within ten court days after the finding of not guilty by reason of insanity. Failure to conduct the hearing within the ten-day period shall cause the immediate discharge of the respondent, unless the judge grants a continuance for not longer than ten court days for good cause shown or for any period of time upon motion of the respondent.
(C) If a person is found not guilty by reason of insanity, the person has the right to attend all hearings conducted pursuant to sections 2945.37 to 2945.402 of the Revised Code. At any hearing conducted pursuant to one of those sections, the court shall inform the person that the person has all of the following rights:
(1) The right to be represented by counsel and to have that counsel provided at public expense if the person is indigent, with the counsel to be appointed by the court 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;
(2) The right to have independent expert evaluation and to have that independent expert evaluation provided at public expense if the person is indigent;
(3) The right to subpoena witnesses and documents, to present evidence on the person's behalf, and to cross-examine witnesses against the person;
(4) The right to testify in the person's own behalf and to not be compelled to testify;
(5) The right to have copies of any relevant medical or mental health document in the custody of the state or of any place of commitment other than a document for which the court finds that the release to the person of information contained in the document would create a substantial risk of harm to any person.
(D) The hearing under division (A) of this section shall be open to the public, and the court shall conduct the hearing in accordance with the Rules of Civil Procedure. The court shall make and maintain a full transcript and record of the hearing proceedings. 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 in relation to which the person was found not guilty by reason of insanity, and any history of the person that is relevant to the person's ability to conform to the law.
(E) Upon completion of the hearing under division (A) of this section, if the court finds there is not clear and convincing evidence that the person is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order, the court shall discharge the person, unless a detainer has been placed upon the person by the department of rehabilitation and correction, in which case the person shall be returned to that department.
(F) If, at the hearing under division (A) of this section, the court finds by clear and convincing evidence that the person is a mentally ill person subject to court order, the court shall commit the person either to the department of mental health and addiction services for treatment in 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, at the hearing under division (A) of this section, the court determines by clear and convincing evidence that the person requires treatment for an intellectual disability, it shall commit the person to a facility operated by the department of developmental disabilities or another facility, as appropriate. Further proceedings shall be in accordance with sections 2945.401 and 2945.402 of the Revised Code. 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 person. In weighing these factors, the court shall give preference to protecting public safety.
(G) If a court makes a commitment of a person under division (F) of this section, the prosecutor shall send to the hospital, facility, or agency where the person is placed by the department of mental health and addiction services or to the defendant's place of commitment all reports of the person'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) of this section, copies of relevant police reports, and copies of any prior arrest and conviction records that pertain to the person and that the prosecutor possesses. The prosecutor shall send the reports of the person'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 person committed under division (F) 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 person were filed a copy of all reports of the person'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) of this section, the relevant police reports, and the prior arrest and conviction records that pertain to the person and that the prosecutor possesses.
(H) A person who is committed pursuant to this section 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.

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.