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HB 622

Enact the Mental Health and Community Wellness Act

136th Legislature (2025-2026) Introduced by Monica Blasdel and 1 co-sponsor

Expands community-based competency restoration and civil commitment options, prioritizing treatment and supervision over hospitalization for defendants found incompetent to stand t

Referred to committee
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Bill Summary · HB 622

Overview

  • Bill: HB 622 (Enact the Mental Health and Community Wellness Act)
  • Purpose: Reforms Ohio's framework for competency to stand trial, expands community-based treatment and civil commitment options, creates a mental health and substance abuse community-based correctional facility pilot program, and provides related appropriations and procedural changes.
  • Jurisdiction: Ohio
  • Status: Introduced for the 136th General Assembly (Regular Session, 2025-2026)

Main purpose and intent

  • Modernize and broaden processes surrounding defendants found incompetent to stand trial.
  • Emphasize community-based treatment and supervision over hospitalization when appropriate.
  • Create a pilot program for a community-based correctional facility addressing mental health and substance abuse needs.
  • Align prosecution roles with civil commitment processes in cases involving competency deficits, especially for offenses of violence or felonies.
  • Authorize funding to support these changes.

Key provisions and changes

  • Definitions and scope (Section 2945.37):

    • Clarifies roles (prosecutor, examiner) and various statuses (nonsecured status, unsupervised movement, trial visits, conditional release).
    • Defines terms related to competency, mental illness, intellectual disability, and relevant placement options.

  • Competency to stand trial procedures (Sections 2945.37, 2945.38, 2945.39, 1, 2945.401):

    • Competence presumption and findings: Defendant presumed competent; findings of incompetence require a court finding and possible restoration plans.
    • Hearings: When competency is challenged, hearings must be held within specified timelines (generally within 30 days; faster if evaluations are filed).
    • Representation: Defendant must have counsel; court must appoint if unavailable.
    • Evidence: Prosecution and defense may submit evidence; written evaluations may be admitted by stipulation or under rules.
    • Treatment and medication: Courts may order treatment to restore competence; involuntary medication petitions may be filed with timely hearings.
    • Treatment duration limits: Caps on court-ordered treatment time depending on offense severity (ranging from 30 days up to 1 year, with intermediate periods for various felonies and misdemeanors).

  • Alternatives to hospitalization (2945.38(B)(1) and related subsections):

    • For certain offenses (felonies or violence misdemeanors), if competence restoration is unlikely within a year, the court must consider:
    • Continued evaluation and treatment (with time limits).
    • Civil commitment filings in probate court (5122/5123) pursued by prosecutor or court.
    • Dismissal of charges for certain offenses if appropriate and allowed under the statute.
    • Outpatient competency restoration: Courts may order outpatient treatment at approved facilities; conditions tied to bail, compliance, and possible detention for noncompliance.

  • Civil commitment pathway (Sections 5122/5123 integration via 2945.38 and 2945.39):

    • If restoration is unlikely within the maximum time, or in certain offense contexts, prosecutors must file civil commitment affidavits in probate court.
    • Provisions for detention up to 10 days pending civil commitment, and for transfer between facilities as clinically appropriate.
    • Specific procedures for felonies vs. misdemeanors of violence vs. non-violent misdemeanors, including potential discharge, continued commitment, or alternative placement.

  • Community-based correctional facility pilot program (new framework):

    • Establishes a pilot program to offer community-based correctional options addressing mental health and substance abuse needs as an alternative to traditional incarceration where appropriate.

  • Placement and governance (2945.38, 2945.401, 2945.402 interplay):

    • Courts must consider public safety, medical suitability, and least restrictive placement when ordering treatment or confinement.
    • Provisions for sharing reports and coordinating with hospitals, community providers, and boards (e.g., CMH/ADAMHS) to implement treatment and monitoring plans.

  • Procedural timelines and hearings:

    • Hearings on competence are time-bound (generally within 30 days; additional timelines when evaluations are filed).
    • Periodic reporting requirements from treating physicians/examiners, including six-month and annual updates, and triggers for new competency hearings if conditions change.

Who would be affected

  • Defendants charged with offenses (felonies and certain misdemeanors, including offenses of violence) who are found incompetent to stand trial.
  • Prosecutors and defense counsel, who gain expanded roles in pursuing civil commitment and coordinating with probate court.
  • Courts at the municipal, county, and common pleas levels, which must apply new timelines, processes, and authority for outpatient treatment, civil commitment, and community-based placements.
  • Hospitals, facilities, and programs involved in competency restoration and treatment (including community mental health boards and certified forensic centers).
  • Departments of Mental Health and Addiction Services (behavioral health) and Developmental Disabilities, which would participate in placements and reporting.
  • Probate courts, which would handle civil commitment filings under the new framework.
  • Individuals with mental illness or intellectual disabilities who are subjects of competency restoration or civil commitment, and their families or guardians.

Procedural and timeline considerations

  • Establishes clear Hearing timelines after competency challenges.
  • Requires rapid evaluation and potential detainment (up to 10 days) for civil commitment filings.
  • Sets maximum timeframes for treatment and evaluation (ranging from 30 days to 1 year, depending on offense severity).
  • Provides for appellate or subsequent hearings if ongoing treatment or commitment is warranted.
  • Introduces a pilot program, implying a phased implementation with evaluation of effectiveness and scalability.

Potential impacts

  • Increased use of community-based restoration and supervision alternatives, potentially reducing hospital confinement.
  • Greater collaboration among prosecutors, courts, and treatment providers to address mental health needs within the criminal justice process.
  • Expanded civil commitment processes for defendants found incompetent to stand trial, especially in cases involving violence or serious offenses.
  • Financial implications through new appropriations to support treatment, placement, and the pilot program.

Note: This summary reflects the introduced text and captures the bill’s core purposes, provisions, and anticipated effects. Final policy details may evolve with amendments and legislative action.

Compiled from official sources — confirm details with the bill’s official record.

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