Effective: September 15, 2014
Latest Legislation: House Bill 483 - 130th General Assembly
(A) In approving a conditional release, the trial court may set any conditions on the release with respect to the treatment, evaluation, counseling, or control of the defendant or person that the court considers necessary to protect the public safety and the welfare of the defendant or person. The trial court may revoke a defendant's or person's conditional release and order reinstatement of the previous placement or reinstitutionalization at any time the conditions of the release have not been satisfied, provided that the revocation shall be in accordance with this section.
(B) A conditional release is a commitment. The hearings on continued commitment as described in section 2945.401 of the Revised Code apply to a defendant or person on conditional release.
(C) A person, agency, or facility that is assigned to monitor a defendant or person on conditional release immediately shall notify the trial court on learning that the defendant or person being monitored has violated the terms of the conditional release. Upon learning of any violation of the terms of the conditional release, the trial court may issue a temporary order of detention or, if necessary, an arrest warrant for the defendant or person. Within ten court days after the defendant's or person's detention or arrest, the trial court shall conduct a hearing to determine whether the conditional release should be modified or terminated. At the hearing, the defendant or person shall have the same rights as are described in division (C) of section 2945.40 of the Revised Code. The trial court may order a continuance of the ten-court-day period for no longer than ten days for good cause shown or for any period on motion of the defendant or person. If the trial court fails to conduct the hearing within the ten-court-day period and does not order a continuance in accordance with this division, the defendant or person shall be restored to the prior conditional release status.
(D) The trial court shall give all parties reasonable notice of a hearing conducted under this section. At the hearing, the prosecutor shall present the case demonstrating that the defendant or person violated the terms of the conditional release. If the court finds by a preponderance of the evidence that the defendant or person violated the terms of the conditional release, the court may continue, modify, or terminate the conditional release and shall enter its order accordingly.
(E)(1) If a court approves a conditional release, the court shall report the approval and information pertaining to the release to the local law enforcement agency. The local law enforcement agency shall enter the approval and information into the national crime information center supervised release file through the law enforcement automated data system. The information required by divisions (E)(1)(c) and (d) of this section shall be entered into the file's miscellaneous field. The information reported and entered shall include all of the following:
(a) The name of the court providing the information;
(b) The offense or offenses with which the defendant or person was charged;
(c) Whether the person was found not guilty by reason of insanity or incompetent to stand trial with no substantial probability of becoming competent even with a course of treatment;
(d) The reason for the conditional release;
(e) Any other information required for the entry of information into the national crime information center supervised release file.
(2) Information entered into the national crime information center supervised release file pursuant to this section shall remain in the file until the termination of the conditional release or commitment.
(3) If a defendant or person about whom information is entered into the national crime information center supervised release file pursuant to division (E)(1) of this section has contact with a law enforcement agency after the information is entered, the agency shall report the contact to the department of mental health and addiction services and, if the terms of the release require the defendant or person to receive mental health treatment, to the person, office, or agency providing the treatment.
(4) As used in division (E) of this section, "local law enforcement agency" means the police department of a municipal corporation in which the offense with which a releasee was charged allegedly occurred or, if the offense did not allegedly occur in a municipal corporation, the sheriff of the county in which the offense allegedly occurred.
Structure Ohio Revised Code
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 2945.25 | 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 2945.491 | 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 2945.59 | 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 2945.83 | When New Trial Shall Not Be Granted.
Section 2945.831 | Motion for New Trial Not Necessary for Appellate Review.