Ohio Revised Code
Chapter 5122 | Hospitalization of Mentally Ill
Section 5122.21 | Discharging Involuntary Patients.

Effective: September 17, 2014
Latest Legislation: Senate Bill 43 - 130th General Assembly
(A) The chief clinical officer shall as frequently as practicable, and at least once every thirty days, examine or cause to be examined every patient, and, whenever the chief clinical officer determines that the conditions justifying involuntary hospitalization or commitment no longer obtain, shall discharge the patient not under indictment or conviction for crime and immediately make a report of the discharge to the department of mental health and addiction services. The chief clinical officer 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 ten days after written notice of intent to discharge the patient has been given by personal service or certified mail, return receipt requested, to the court having criminal jurisdiction over the patient. Except when the patient was found not guilty by reason of insanity and the defendant's commitment is pursuant to section 2945.40 of the Revised Code, the chief clinical officer has final authority to 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.
(B) After a finding pursuant to section 5122.15 of the Revised Code that a person is a mentally ill person subject to court order, the chief clinical officer of the hospital or community mental health services provider to which the person is ordered or to which the person is transferred under section 5122.20 of the Revised Code, may grant a discharge without the consent or authorization of any court.
Upon discharge, the chief clinical officer shall notify the court that caused the judicial hospitalization of the discharge from the hospital.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5122 | Hospitalization of Mentally Ill

Section 5122.01 | Hospitalization of Mentally Ill Definitions.

Section 5122.011 | Application of Chapter.

Section 5122.02 | Application for Voluntary Admission.

Section 5122.03 | Release of Voluntary Patients.

Section 5122.04 | Outpatient Services for Minors Without Knowledge or Consent of Parent or Guardian.

Section 5122.05 | Involuntary Admission.

Section 5122.09 | Release Before Hearing.

Section 5122.10 | Emergency Hospitalization.

Section 5122.11 | Court Ordered Treatment of Mentally Ill Person.

Section 5122.111 | Affidavit of Mental Illness.

Section 5122.112 | Termination of Probate Court Jurisdiction.

Section 5122.12 | Hearing Notice.

Section 5122.13 | Investigation.

Section 5122.141 | Initial Hearing.

Section 5122.15 | Full Hearing.

Section 5122.16 | Hospital Care or Treatment by Veterans' Administration or Other u.s. Agency.

Section 5122.17 | Temporary Detention.

Section 5122.18 | Notice of Hospitalization.

Section 5122.19 | Medical Examination Within 24 Hours of Arrival.

Section 5122.20 | Transfers.

Section 5122.21 | Discharging Involuntary Patients.

Section 5122.22 | Trial Visits.

Section 5122.23 | Reporting Death or Change in Custody Status of Patient.

Section 5122.231 | Applying for County Services.

Section 5122.25 | Rehearing.

Section 5122.26 | Patient Absent Without Leave.

Section 5122.27 | Chief Clinical Officer Duties.

Section 5122.271 | Consent to Treatment.

Section 5122.28 | Labor and Tasks Performed by Patients.

Section 5122.29 | Patients' Rights.

Section 5122.30 | Writ of Habeas Corpus.

Section 5122.301 | Civil Rights of Patients.

Section 5122.31 | Confidentiality.

Section 5122.311 | Notification of Bureau of Criminal Identification and Investigation of Adjudication of Mental Illness.

Section 5122.32 | Confidentiality of Quality Assurance Records.

Section 5122.33 | Department of Mental Health and Addiction Services; Additional Powers.

Section 5122.34 | Immunity.

Section 5122.341 | Immunity From Liability.

Section 5122.35 | Venue.

Section 5122.36 | Expenses of Return to County of Residence.

Section 5122.38 | Competency Adjudications.

Section 5122.39 | Guardianship of Mentally Ill Persons.

Section 5122.41 | Transmission of Court Papers.

Section 5122.42 | Preservation of Rights and Privileges.

Section 5122.43 | Payment of Costs, Fees, and Expenses of Proceedings - Reimbursement.

Section 5122.44 | Patients Buried on Department Hospital Grounds - Definitions.

Section 5122.45 | Compilation of Patient Information for Each Cemetery.

Section 5122.46 | History Connection and State Agencies to Provide Access to Information.

Section 5122.47 | Deposit of Compilations With History Connection and State Library.

Section 5122.99 | Penalty.