Ohio § 5924.503

§ 5924.503.

(A) If the issue of an accused's competence to stand trial is raised and if the court,

upon conducting the hearing provided for in section 5924.502 of the Revised Code , finds that the accused is competent to stand trial, the accused shall be proceeded

against as provided by law.  If the court finds the accused competent to stand trial and the accused is receiving

psychotropic drugs or other medication, the court may authorize the continued administration

of the drugs or medication or other appropriate treatment in order to maintain the

accused's competence to stand trial unless the accused's attending physician advises

the court against continuation of the drugs, other medication, or treatment. (B)(1)(a) If, after taking into consideration all relevant reports, information, and other

evidence, the court finds that the accused is incompetent to stand trial and that

there is a substantial probability that the accused will become competent to stand

trial within one year if the accused is provided with a course of treatment, the court

shall order the accused to undergo treatment.  If the accused is being tried by a general court-martial and if, after taking into

consideration all relevant reports, information, and other evidence, the court finds

that the accused is incompetent to stand trial, but the court is unable at that time

to determine whether there is a substantial probability that the accused will become

competent to stand trial within one year if the accused is provided with a course

of treatment, the court shall order continuing evaluation and treatment of the accused

for a period not to exceed four months to determine whether there is a substantial

probability that the accused will become competent to stand trial within one year

if the accused is provided with a course of treatment. (b) The court order for the accused to undergo treatment or continuing evaluation and

treatment under division (B)(1)(a) of this section shall specify that the accused,

if determined to require mental health treatment or continuing evaluation and treatment,

shall be committed to the department of mental health and addiction services for treatment

or continuing evaluation and treatment at a hospital, facility, or agency determined

to be clinically appropriate by the department of mental health and addiction services.  The order may restrict the accused's freedom of movement as the court considers

necessary.  The trial counsel in the accused's case shall send to the chief clinical officer

of the hospital, facility, or services provider where the accused is placed by the

department of mental health and addiction services or to the managing officer of the

institution, the director of the facility, or the person to which the accused is committed

copies of relevant investigative reports and other background information that pertains

to the accused and is available to the trial counsel unless the trial counsel determines

that the release of any of the information in the investigative reports or any of

the other background information to unauthorized persons would interfere with the

effective prosecution of any person or would create a substantial risk of harm to

any person. In committing the accused to the department of mental health and addiction services,

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, if the court

finds that restrictions on the accused's freedom of movement are necessary, shall

specify the least restrictive limitations on the person's freedom of movement determined

to be necessary to protect public safety.  In weighing these factors, the court shall give preference to protecting public

safety. (c) If the accused is found incompetent to stand trial, if the chief clinical officer

of the hospital, facility, or services provider where the accused is placed, or the

managing officer of the institution, the director of the facility, or the person to

which the accused is committed for treatment or continuing evaluation and treatment

under division (B)(1)(b) of this section determines that medication is necessary to

restore the accused's competency to stand trial, and if the accused lacks the capacity

to give informed consent or refuses medication, the chief clinical officer of the

hospital, facility, or services provider where the accused is placed or the managing

officer of the institution, the director of the facility, or the person to which the

accused is committed for treatment or continuing evaluation and treatment may petition

the court for authorization for the involuntary administration of medication.  The court shall hold a hearing on the petition within five days of the filing of

the petition.  Following the hearing, the court may authorize the involuntary administration of

medication or may dismiss the petition. (d) If the accused is charged before a special or summary court-martial with an offense

that is not a violation of section 5924.120 , 5924.127 , or 5924.128 of the Revised Code , the trial counsel may hold the charges in abeyance while the accused engages in

mental health treatment. (2) If the court finds that the accused is incompetent to stand trial and that, even

if the accused is provided with a course of treatment, there is not a substantial

probability that the accused will become competent to stand trial within one year,

the court shall order the discharge of the accused, unless upon motion of the trial

counsel or on its own motion, the court either seeks to retain jurisdiction over the

accused pursuant to division (A)(2) of section 5924.504 of the Revised Code or files an affidavit in the probate court for the civil commitment of the accused

pursuant to Chapter 5122. of the Revised Code alleging that the accused is a person

with a mental illness subject to hospitalization by court order.  If an affidavit is filed in the probate court, the trial court shall send to the

probate court copies of all written reports of the accused's mental condition that

were prepared pursuant to section 5924.502 of the Revised Code . The trial court may issue the temporary order of detention that a probate court may

issue under section 5122.11 of the Revised Code , to remain in effect until the probable cause or initial hearing in the probate court.  Further proceedings in the probate court are civil proceedings governed by Chapter

5122. of the Revised Code. (C) No accused shall be required to undergo treatment, including any continuing evaluation

and treatment, under division (B)(1) of this section for longer than whichever of

the following periods is applicable: (1) One year, if the accused is being tried by a general court-martial; (2) Six months, if the accused is being tried before a special court-martial; (3) Sixty days, if the accused is being tried before a summary court-martial. (D) Any accused who is committed pursuant to this section shall not voluntarily admit

the accused or be voluntarily admitted to a hospital or institution pursuant to section 5122.02 or 5122.15 of the Revised Code . (E) Except as otherwise provided in this division, an accused who is charged with an

offense and is committed by the court under this section to the department of mental

health and addiction services with restrictions on the accused's freedom of movement

shall not be granted unsupervised on-grounds movement, supervised off-grounds movement,

or nonsecured status except in accordance with the court order.  The court may grant an accused supervised off-grounds movement to obtain medical

treatment or specialized habilitation treatment services if the person who supervises

the treatment or the continuing evaluation and treatment of the accused ordered under

division (B)(1)(a) of this section informs the court that the treatment or continuing

evaluation and treatment cannot be provided at the hospital or facility where the

accused is placed by the department of mental health and addiction services.  The chief clinical officer of the hospital or facility where the accused is placed

by the department of mental health and addiction services or the managing officer

of the institution or director of the facility to which the accused is committed or

a designee of any of those persons may grant an accused movement to a medical facility

for an emergency medical situation with appropriate supervision to ensure the safety

of the accused, staff, and community during that emergency medical situation.  The chief clinical officer of the hospital or facility where the accused is placed

by the department of mental health and addiction services or the managing officer

of the institution or director of the facility to which the accused is committed shall

notify the court within twenty-four hours of the accused's movement to the medical

facility for an emergency medical situation under this division. (F) The person who supervises the treatment or continuing evaluation and treatment of

an accused ordered to undergo treatment or continuing evaluation and treatment under

division (B)(1)(a) of this section shall file a written report with the court at the

following times: (1) Whenever the person believes the accused is capable of understanding the nature and

objective of the proceedings against the accused and of assisting in the accused's

defense; (2) Fourteen days before expiration of the maximum time for treatment as specified in

division (C) of this section and fourteen days before the expiration of the maximum

time for continuing evaluation and treatment as specified in division (B)(1)(a) of

this section; (3) At a minimum, after each six months of treatment; (4) Whenever the person who supervises the treatment or continuing evaluation and treatment

of an accused ordered under division (B)(1)(a) of this section believes that there

is not a substantial probability that the accused will become capable of understanding

the nature and objective of the proceedings against the accused or of assisting in

the accused's defense even if the accused is provided with a course of treatment. (G) A report under division (F) of this section shall contain the examiner's findings,

the facts in reasonable detail on which the findings are based, and the examiner's

opinion as to the accused's capability of understanding the nature and objective of

the proceedings against the accused and of assisting in the accused's defense.  If, in the examiner's opinion, the accused remains incapable of understanding the

nature and objective of the proceedings against the accused and of assisting in the

accused's defense and there is a substantial probability that the accused will become

capable of understanding the nature and objective of the proceedings against the accused

and of assisting in the accused's defense if the accused is provided with a course

of treatment, if in the examiner's opinion the accused remains mentally ill, and if

the maximum time for treatment as specified in division (C) of this section has not

expired, the report also shall contain the examiner's recommendation as to the least

restrictive placement or commitment alternative that is consistent with the accused's

treatment needs for restoration to competency and with the safety of the community.  The court shall provide copies of the report to the trial counsel and defense counsel. (H) If an accused is committed pursuant to division (B)(1) of this section, within ten

days after the treating physician of the accused or the examiner of the accused who

is employed or retained by the treating facility advises that there is not a substantial

probability that the accused will become capable of understanding the nature and objective

of the proceedings against the accused or of assisting in the accused's defense even

if the accused is provided with a course of treatment, within ten days after the expiration

of the maximum time for treatment as specified in division (C) of this section, within

ten days after the expiration of the maximum time for continuing evaluation and treatment

as specified in division (B)(1)(a) of this section, within thirty days after an accused's

request for a hearing that is made after six months of treatment, or within thirty

days after being advised by the treating physician or examiner that the accused is

competent to stand trial, whichever is the earliest, the court shall conduct another

hearing to determine if the accused is competent to stand trial and shall do whichever

of the following is applicable: (1) If the court finds that the accused is competent to stand trial, the accused shall

be proceeded against as provided by law. (2) If the court finds that the accused is incompetent to stand trial, but that there

is a substantial probability that the accused will become competent to stand trial

if the accused is provided with a course of treatment, and the maximum time for treatment

as specified in division (C) of this section has not expired, the court, after consideration

of the examiner's recommendation, shall order that treatment be continued, may change

least restrictive limitations on the accused's freedom of movement. (3) If the court finds that the accused is incompetent to stand trial, if the accused

is being tried by a general court-martial, and if 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, or if the maximum time for

treatment as specified in division (C) of this section has expired, further proceedings

shall be as provided in sections 5924.504 to 5924.506 of the Revised Code . (4) If the court finds that the accused is incompetent to stand trial, if the accused

is being tried before a special court-martial, and if 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, or if the maximum time

for treatment as specified in division (C) of this section has expired, the court

shall dismiss the charge against the accused.  A dismissal under this division is not a bar to further prosecution based on the

same conduct.  The court shall discharge the accused unless the court or trial counsel files an

affidavit in probate court for civil commitment pursuant to Chapter 5122. of the Revised

Code.  If an affidavit for civil commitment is filed, the court may detain the accused

for ten days pending civil commitment.  All of the following provisions apply to persons being tried by a special court-martial

who are committed by the probate court subsequent to the court's or trial counsel's

filing of an affidavit for civil commitment under authority of this division: (a) 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

do all of the following: (i) Notify the trial counsel in writing of the discharge of the accused, send the notice

at least ten days prior to the discharge unless the discharge is by the probate court,

and state in the notice the date on which the accused will be discharged; (ii) Notify the trial counsel in writing when the accused is absent without leave or is

granted unsupervised, off-grounds movement and send this notice promptly after the

discovery of the absence without leave or prior to the granting of the unsupervised,

off-grounds movement, whichever is applicable; (iii) Notify the trial counsel in writing of the change of the accused's commitment or

admission to voluntary status, send the notice promptly upon learning of the change

to voluntary status, and state in the notice the date on which the accused was committed

or admitted on a voluntary status. (b) The trial counsel shall promptly inform the convening authority of any notification

received under division (H)(4)(a) of this section.  Upon receiving notice that the accused will be granted unsupervised, off-grounds

movement, the convening authority either shall refer the charges against the accused

to an investigating officer again or promptly notify the court that the convening

authority does not intend to refer the charges against the accused again. (I) If an accused is convicted of a crime and sentenced to confinement, the accused's

sentence shall be reduced by the total number of days the accused is confined for

evaluation to determine the accused's competence to stand trial or treatment under

this section and sections 5924.502 and 5924.504 of the Revised Code or by the total number of days the accused is confined for evaluation to determine

the accused's mental condition at the time of the offense charged.