Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
(A) If an accused being tried by a general court-martial is found incompetent to stand trial, after the expiration of the maximum time for treatment as specified in division (C) of section 5924.503 of the Revised Code or after the court finds that there is not a substantial probability that the accused will become competent to stand trial even if the accused is provided with a course of treatment, one of the following applies:
(1) The court or the trial counsel may file an affidavit in probate court for civil commitment of the accused in the manner provided in Chapter 5122. of the Revised Code. If the court or trial counsel files an affidavit for civil commitment, the court may detain the accused for ten days pending civil commitment. If the probate court commits the accused subsequent to the court's or trial counsel's filing of an affidavit for civil commitment, the chief clinical officer of the entity, hospital, or facility, the managing officer of the institution, or the person to which the accused is committed or admitted shall send to the trial counsel the notices described in divisions (H)(4)(a)(i) to (iii) of section 5924.503 of the Revised Code within the periods of time and under the circumstances specified in those divisions.
(2) On the motion of the trial counsel or on its own motion, the court may retain jurisdiction over the accused if at a hearing the court finds both of the following by clear and convincing evidence:
(a) The accused committed the offense with which the accused is charged.
(b) The accused is a mentally ill person subject to hospitalization by court order.
(B) In making its determination under division (A)(2) of this section as to whether to retain jurisdiction over the accused, 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 accused that is relevant to the accused'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 charges against the accused. Upon the dismissal, the court shall discharge the accused unless the court or trial counsel files an affidavit in probate court for civil commitment of the accused pursuant to Chapter 5122. of the Revised Code. If the court or trial counsel files an affidavit for civil commitment, the court may order that the accused be detained for up to ten days pending the civil commitment. If the probate court commits the accused subsequent to the court's or trial counsel's filing of an affidavit for civil commitment, the chief clinical officer of the entity, hospital, or facility, the managing officer of the institution, or the person to which the accused is committed or admitted shall send to the trial counsel the notices described in divisions (H)(4)(a)(i) to (iii) of section 5924.503 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 accused, if determined to require mental health treatment, to the department of mental health and addiction services for treatment at a hospital, facility, or services provider as determined clinically appropriate by the department of mental health and addiction services. In committing the accused to the department of mental health and addiction services, the court shall specify the least restrictive limitations on the accused's freedom of movement determined to be necessary to protect public safety.
(2) If a court makes a commitment of an accused under division (D)(1) of this section, the trial counsel shall send to the hospital, facility, or services provider where the accused is placed by the department of mental health and addiction services or to the accused's place of commitment all reports of the accused'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 investigative reports, and copies of any prior arrest and conviction records that pertain to the accused and that the trial counsel possesses. The trial counsel shall send the reports of the accused's current mental condition in every case of commitment, and, unless the trial counsel 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 trial counsel also shall send the other relevant information.
(3) If a court makes a commitment under division (D)(1) of this section, all further proceedings shall be in accordance with Chapter 5122. of the Revised Code.
Structure Ohio Revised Code
Title 59 | Veterans-Military Affairs
Chapter 5924 | Code of Military Justice
Section 5924.01 | Code of Military Justice Definitions.
Section 5924.02 | Persons Subject to Code.
Section 5924.03 | Jurisdiction to Court-Martial Discharged Personnel.
Section 5924.05 | Territorial Applicability.
Section 5924.06 | State Judge Advocate; Subordinate Judge Advocates and Legal Officers.
Section 5924.07 | Apprehension.
Section 5924.08 | Authority to Apprehend Deserters.
Section 5924.09 | Arrest or Confinement.
Section 5924.10 | Confinement.
Section 5924.103 | Captured or Abandoned Property.
Section 5924.107 | False Official Statements.
Section 5924.108 | Military Property; Loss, Damage, Destruction, or Wrongful Disposition.
Section 5924.109 | Waste or Destruction of Nonmilitary Property.
Section 5924.111 | Impaired or Reckless Operation of Vehicles, Aircraft or Vessels.
Section 5924.112 | Drunk on Duty.
Section 5924.113 | Misbehavior of Sentinel.
Section 5924.115 | Malingering.
Section 5924.116 | Riot - Breach of Peace.
Section 5924.117 | Provoking Speeches or Gestures.
Section 5924.1121 | Wrongful Use, Possession, etc., of Controlled Substances.
Section 5924.120 | Rape; Sexual Assault; Sexual Contact; Indecent Acts; Affirmative Defenses.
Section 5924.121 | Larceny - Wrongful Appropriation.
Section 5924.13 | Arrest and Confinement.
Section 5924.132 | Frauds Against Government.
Section 5924.133 | Conduct Unbecoming an Officer and a Lady or Gentleman.
Section 5924.134 | General Article.
Section 5924.135 | Courts of Inquiry.
Section 5924.136 | Authority to Administer Oaths and Act as Notary.
Section 5924.137 | Articles to Be Explained.
Section 5924.138 | Complaints of Wrongs.
Section 5924.139 | Redress of Injuries to Property.
Section 5924.14 | Delivery to Civil Authority for Trial.
Section 5924.140 | Execution of Process and Sentence.
Section 5924.141 | Processes and Mandates.
Section 5924.142 | Payment and Disposition of Fines.
Section 5924.144 | Presumption of Jurisdiction.
Section 5924.146 | Duty Status Requisite to Trial or Punishment.
Section 5924.148 | Short Title.
Section 5924.15 | Nonjudicial Punishment.
Section 5924.16 | Courts-Martial.
Section 5924.17 | Jurisdiction of Courts-Martial.
Section 5924.18 | Jurisdiction of General Courts-Martial; Punishments.
Section 5924.19 | Jurisdiction of Special Courts-Martial; Punishments.
Section 5924.20 | Jurisdiction of Summary Courts-Martial; Punishments.
Section 5924.21 | Concurrent Jurisdiction.
Section 5924.22 | Convening General Courts-Martial.
Section 5924.23 | Convening Special Courts-Martial.
Section 5924.24 | Convening Summary Courts-Martial.
Section 5924.25 | Service on Courts-Martial.
Section 5924.26 | Military Judge.
Section 5924.27 | Trial and Defense Counsel.
Section 5924.28 | Court Reporters and Interpreters.
Section 5924.29 | Absent and Additional Members.
Section 5924.30 | Charges and Specifications.
Section 5924.31 | Self-Incrimination.
Section 5924.32 | Investigation.
Section 5924.33 | Forwarding Charges.
Section 5924.34 | Pre-Trial Referral of General Court-Martial Charge.
Section 5924.35 | Service of Charges.
Section 5924.36 | Trial Procedure.
Section 5924.37 | Unlawful Influence.
Section 5924.38 | Duties of Trial and Defense Counsel.
Section 5924.39 | Convening Without Members of Court Present.
Section 5924.40 | Continuances.
Section 5924.43 | Statute of Limitations.
Section 5924.44 | Double Jeopardy.
Section 5924.45 | Entry of Plea by Accused; Entry by Court.
Section 5924.46 | Opportunity to Obtain Evidence and Witnesses.
Section 5924.47 | Refusal to Appear or Testify.
Section 5924.48 | Penalty for Contempt.
Section 5924.49 | Depositions.
Section 5924.50 | Admissibility of Records of Board of Officers.
Section 5924.501 | Competency of Accused; Hearing.
Section 5924.502 | Evaluation of Accused's Mental Condition.
Section 5924.503 | Findings of Competency or Incompetency; Evaluation and Treatment of Accused.
Section 5924.504 | Finding Accused Incompetent to Stand Trial; Civil Commitment.
Section 5924.505 | "Not Guilty by Reason of Insanity".
Section 5924.506 | Finding of Not Guilty by Reason of Insanity; Hearing.
Section 5924.51 | Voting and Rulings.
Section 5924.52 | Number of Votes Required.
Section 5924.53 | Announcement of Findings.
Section 5924.54 | Record of Proceedings.
Section 5924.55 | Cruel and Unusual Punishments.
Section 5924.56 | Maximum Punishments.
Section 5924.57 | Effective Date of Sentences.
Section 5924.58 | Execution of Sentence of Confinement.
Section 5924.581 | Reduction in Pay for Enlisted Members.
Section 5924.582 | Forfeiture of Pay and Allowances.
Section 5924.59 | Review of Finding.
Section 5924.61 | Appeal by Accused.
Section 5924.62 | Appeal by State.
Section 5924.64 | Review of Cases in Which No Appeal Taken.
Section 5924.65 | Transmission of Record.
Section 5924.66 | Court of Military Appeals.
Section 5924.67 | Compensation for Judges.
Section 5924.68 | Power of Subpoena.
Section 5924.69 | Appeals to the Supreme Court.
Section 5924.70 | Appellate Counsel.
Section 5924.71 | Sentence of Dismissal or Discharge.
Section 5924.72 | Vacation of Suspension of Sentence.
Section 5924.73 | Petition for New Trial.
Section 5924.76 | Finality of Proceedings.
Section 5924.761 | Leave Pending Completion of Certain Actions.
Section 5924.77 | Principal Defined.
Section 5924.78 | Accessory After the Fact.
Section 5924.79 | Conviction of Lesser Included Offense.
Section 5924.82 | Solicitation.
Section 5924.83 | Fraudulent Enlistment, Appointment or Separation.
Section 5924.84 | Unlawful Enlistment, Appointment or Separation.
Section 5924.86 | Absence Without Leave.
Section 5924.87 | Missing Movement.
Section 5924.88 | Contempt Toward Officials.
Section 5924.89 | Disrespect Toward Superior Officer.
Section 5924.90 | Assault - Willfully Disobeying an Officer.
Section 5924.91 | Insubordinate Conduct Toward Noncommissioned Officer.
Section 5924.92 | Failure to Obey Order or Regulation.
Section 5924.93 | Cruelty - Maltreatment.
Section 5924.94 | Mutiny - Sedition.
Section 5924.95 | Arrest and Confinement.
Section 5924.96 | Releasing Prisoner Without Proper Authority.