Amended Senate Bill No. 295 revises the legal framework for handling defendants found incompetent to stand trial by amending sections 2945.38, 2945.39, and 2945.401 of the Revised Code. The bill replaces the previous one-year timeline for determining a defendant's competency with a more flexible approach that allows courts to order treatment based on individual circumstances and the nature of the charges. It introduces provisions for ongoing evaluation and treatment, including a maximum treatment period that varies by offense severity. The bill also outlines procedures for involuntary medication administration if necessary for competency restoration and establishes a structured process for courts to follow, including progress reports and conditions for extending or modifying treatment.

Additionally, the bill clarifies the responsibilities of clinical officers and prosecutors in notifying relevant parties about a defendant's status and treatment, and it retroactively applies to defendants previously found incompetent. It mandates that commitments under certain sections cannot be altered except as specified, and it requires the Department of Mental Health and Addiction Services to report on the status of committed individuals. The bill also streamlines the competency hearing process by repealing existing sections and establishing new notification and hearing timelines. Overall, the amendments aim to enhance the judicial process regarding defendants' mental health while ensuring public safety and the rights of individuals undergoing treatment.

Statutes affected:
As Introduced: 2945.38, 2945.39, 2945.401
As Reported By Senate Committee: 2945.38, 2945.39, 2945.401
As Passed By Senate: 2945.38, 2945.39, 2945.401