Ohio § 2945.40

§ 2945.40.

(A) If a person is found not guilty by reason of insanity, the verdict shall state that

finding, and the trial court shall conduct a full hearing to determine whether the

person is a person with a mental illness subject to court order or a person with an

intellectual disability subject to institutionalization by court order.  Prior to the hearing, if the trial judge believes that there is probable cause that

the person found not guilty by reason of insanity is a person with a mental illness

subject to court order or a person with an intellectual disability subject to institutionalization

by court order, the trial judge may issue a temporary order of detention for that

person to remain in effect for ten court days or until the hearing, whichever occurs

first. Any person detained pursuant to a temporary order of detention issued under this division

shall be held in a suitable facility, taking into consideration the place and type

of confinement prior to and during trial. (B) The court shall hold the hearing under division (A) of this section to determine

whether the person found not guilty by reason of insanity is a person with a mental

illness subject to court order or a person with an intellectual disability subject

to institutionalization by court order within ten court days after the finding of

not guilty by reason of insanity.  Failure to conduct the hearing within the ten-day period shall cause the immediate

discharge of the respondent, unless the judge grants a continuance for not longer

than ten court days for good cause shown or for any period of time upon motion of

the respondent. (C) If a person is found not guilty by reason of insanity, the person has the right to

attend all hearings conducted pursuant to sections 2945.37 to 2945.402 of the Revised Code .  At any hearing conducted pursuant to one of those sections, the court shall inform

the person that the person has all of the following rights: (1) The right to be represented by counsel and to have that counsel provided at public

expense if the person is indigent, with the counsel to be appointed by the court under

Chapter 120. of the Revised Code or under the authority recognized in division (C) of section 120.06 , division (E) of section 120.16 , division (E) of section 120.26 , or section 2941.51 of the Revised Code ; (2) The right to have independent expert evaluation and to have that independent expert

evaluation provided at public expense if the person is indigent; (3) The right to subpoena witnesses and documents, to present evidence on the person's

behalf, and to cross-examine witnesses against the person; (4) The right to testify in the person's own behalf and to not be compelled to testify; (5) The right to have copies of any relevant medical or mental health document in the

custody of the state or of any place of commitment other than a document for which

the court finds that the release to the person of information contained in the document

would create a substantial risk of harm to any person. (D) The hearing under division (A) of this section shall be open to the public, and the

court shall conduct the hearing in accordance with the Rules of Civil Procedure.  The court shall make and maintain a full transcript and record of the hearing proceedings.  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 in relation to which the person was found not guilty by reason of insanity,

and any history of the person that is relevant to the person's ability to conform

to the law. (E) Upon completion of the hearing under division (A) of this section, if the court finds

there is not clear and convincing evidence that the person is a person with a mental

illness subject to court order or a person with an intellectual disability subject

to institutionalization by court order, the court shall discharge the person, unless

a detainer has been placed upon the person by the department of rehabilitation and

correction, in which case the person shall be returned to that department. (F) If, at the hearing under division (A) of this section, the court finds by clear and

convincing evidence that the person is a person with a mental illness subject to court

order, the court shall commit the person either to the department of mental health

and addiction services for treatment in a hospital, facility, or agency as determined

clinically appropriate by the department of mental health and addiction services or

to another medical or psychiatric facility, as appropriate.  Prior to placing the defendant, the department of mental health and addiction services

shall obtain court approval for that placement.  If, at the hearing under division (A) of this section, the court determines by clear

and convincing evidence that the person requires treatment for an intellectual disability,

it shall commit the person to a facility operated by the department of developmental

disabilities or another facility, as appropriate.  Further proceedings shall be in accordance with sections 2945.401 and 2945.402 of the Revised Code .  In determining the place of commitment, 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 shall order the least restrictive alternative available

that is consistent with public safety and the welfare of the person.  In weighing these factors, the court shall give preference to protecting public

safety. (G) If a court makes a commitment of a person under division (F) of this section, the

prosecutor shall send to the hospital, facility, or agency where the person is placed

by the department of mental health and addiction services or to the defendant's place

of commitment all reports of the person'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) of this

section, copies of relevant police reports, and copies of any prior arrest and conviction

records that pertain to the person and that the prosecutor possesses.  The prosecutor shall send the reports of the person's current mental condition in

every case of commitment, and, unless the prosecutor 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 prosecutor also shall send the other relevant information.  Upon admission of a person committed under division (F) of this section, the place

of commitment shall send to the board of alcohol, drug addiction, and mental health

services or the community mental health board serving the county in which the charges

against the person were filed a copy of all reports of the person's current mental

condition and a copy of the other relevant information provided by the prosecutor

under this division, including, if provided, a transcript of the hearing held pursuant

to division (A) of this section, the relevant police reports, and the prior arrest

and conviction records that pertain to the person and that the prosecutor possesses. (H) A person who is committed pursuant to this section shall not voluntarily admit the

person or be voluntarily admitted to a hospital or institution pursuant to section 5122.02 , 5122.15 , 5123.69 , or 5123.76 of the Revised Code .