Court
News Ohio
Mental
Illness Reporting Tool Ready for Ohio Courts
By
Stephanie Beougher
December
31, 2013
A new
rule approved by the Ohio Supreme Court takes effect in the new year
requiring Ohio’s courts to notify police about violent offenders
with a mental illness.
Rule
95 and Form 95 to the Rules of Superintendence for the Courts of Ohio
was recommended by a workgroup of law enforcement and judicial
representatives convened by the Supreme Court after a change in Ohio
law that requires judges to report to law enforcement when they order
a mental-health evaluation or treatment for a person convicted of an
offense of violence, or if they approve a conditional release for
someone found incompetent to stand trial or not guilty by reason of
insanity.
Known
as the Deputy Suzanne Hopper Act, the legislation was introduced
after the Clark County Sheriff’s deputy was killed in 2011 by a man
with a criminal history who had been conditionally released from a
mental health institution. Before the legislation, no readily
available database existed to alert law enforcement about an
offender’s mental health history.
After
public comment, the Supreme Court made substantive and
non-substantive modifications to Rule 95 and Form 95, including:
Directing
courts to “submit” rather than “file” Form 95 with law
enforcement so that a signature is not required on the form submitted
to law enforcement for entry into the National Crime Information
Center (NCIC) Supervised Release file maintained by the FBI.
Clarifying
that the “point of contact” at the court does not necessarily
have supervisory responsibility over the defendant, yet he or she is
the designated point of contact for the subjects of Form 95.
Adding
clarifications or explanations into the form so that a separate
instruction form is not needed.
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