The Mental Health and Community Wellness Act aims to reform the legal framework surrounding defendants found incompetent to stand trial, particularly those with mental health issues or intellectual disabilities. Key amendments include the requirement for prosecutors to file for civil confinement of defendants charged with felony or violent misdemeanor offenses who are deemed incompetent. The bill introduces new definitions, such as "person with a mental illness subject to court order," and modifies existing terminology by replacing "mental health and addiction services" with "behavioral health." It emphasizes timely evaluations and representation for defendants during competency hearings, ensuring that treatment options are prioritized while addressing public safety concerns.

Additionally, the bill establishes a pilot program for community-based correctional facilities focused on mental health and substance abuse treatment, with a $26 million appropriation for a facility in Lucas County. It outlines the responsibilities of the court and prosecutors in managing civil commitment proceedings and specifies the conditions under which defendants may be detained for treatment. The legislation also streamlines the process for evaluating and altering commitment conditions, ensuring that defendants' rights are upheld while maintaining community safety. Overall, the bill seeks to enhance the intersection of mental health care and the criminal justice system, providing appropriate support for individuals with mental health challenges.

Statutes affected:
As Introduced: 2945.37, 2945.38, 2945.39, 2945.401