Vote Smart's Synopsis:

Vote to pass a bill that extends the timeline for restoring mental competency of defendants in murder cases in Ohio.

Highlights:

• Extends the period in which a defender has to restore competency to stand trial in a murder case from one year to five. (Sec. 2945.38).

• Establishes that any time the defendant lacks capability or refuses treatment should be counted towards the 5-year time limit (Sec. 2945.38).

• Requires the chief clinical officer at the facility where the defendant is placed to document that the defendant has been determined to lack the capacity to stand trial (Sec. 2945.38).

• Establishes that if the defendant is found competent to stand trial but is later found incompetent, it should be considered a new time period and the 5-year period resets (Sec. 2945.38).

• Establishes that the amendments of this act shall apply retroactively to all defendants found incompetent to stand trial before the effective date of the act (Sec. 2945.38).

Full Bill Text