The bill revises sections 2945.38, 2945.39, and 2945.401 of the Revised Code to update the timeline and procedures for restoring competency in criminal cases. It replaces the previous one-year timeframe for determining a defendant's competency with a more flexible timeline that varies based on the severity of the charges, ranging from 30 days for minor misdemeanors to five years for serious offenses like aggravated murder. The bill also introduces specific procedures for evaluating and treating defendants found incompetent to stand trial, including the potential for involuntary medication, while emphasizing public safety and the need for supportive services. Reports on the defendant's progress must be filed at specified intervals to ensure ongoing oversight.

Additionally, the bill establishes a structured reporting system for individuals with mental illness or intellectual disabilities who have been ordered for institutionalization, requiring written reports to the trial court after six months and every two years thereafter. It outlines the process for evaluating and potentially altering commitment statuses, allowing for recommendations of nonsecured status or termination of commitment based on various factors, including public safety. The bill also clarifies the responsibilities of the court and prosecutors in notifying relevant parties about a defendant's treatment status and includes provisions for individuals with intellectual disabilities to ensure their treatment aligns with Medicaid certification requirements. Overall, the amendments aim to streamline the competency restoration and commitment processes while balancing the rights of defendants with public safety concerns.

Statutes affected:
As Introduced: 2945.38, 2945.39, 2945.401