Ohio Revised Code
Chapter 5122 | Hospitalization of Mentally Ill
Section 5122.26 | Patient Absent Without Leave.

Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) If a patient is absent without leave, on a verbal or written order issued within five days of the time of the unauthorized absence by the department of mental health and addiction services, the chief clinical officer of the hospital from which the patient is absent without leave, or the court of either the county from which the patient was committed or in which the patient is found, any health or police officer or sheriff may take the patient into custody and transport the patient to the hospital in which the patient was hospitalized or to a place that is designated in the order. The officer immediately shall report such fact to the entity that issued the order.
The chief clinical officer of a hospital 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 and who has been absent without leave for more than thirty days but shall give written notice of the discharge to the court with criminal jurisdiction over the patient. The chief clinical officer of a hospital may discharge any other patient who has been absent without leave for more than fourteen days.
The chief clinical officer shall take all proper measures for the apprehension of an escaped patient. The expense of the return of an escaped patient shall be borne by the hospital where the patient is hospitalized.
(B)(1) Subject to division (B)(2) of this section, no patient hospitalized under Chapter 5122. of the Revised Code whose absence without leave was caused or contributed to by the patient's mental illness shall be subject to a charge of escape.
(2) Division (B)(1) of this section does not apply to any person who was hospitalized, institutionalized, or confined in a facility under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and who escapes from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside the facility, in violation of section 2921.34 of the Revised Code.

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.