Forensic Evaluations
Competence To Stand Trial
Description
Evaluation of the defendant’s present capacity to understand the nature and objective of court proceedings and assist in own defense.
Governing Statute(s)
ORC §2945.37
ORC §2945.371
ORC §2945.38
When to Refer
- At any point during the pre-trial / pre-sentencing phase of proceedings
- When there are concerns about the defendant’s current capacity to participate in court proceedings, work with counsel, and/or assist in their defense due to present mental illness or intellectual/cognitive deficits
Resources
Governor’s Work Group on Competency Restoration and Diversion
Ohio Criminal Sentencing Commission Adult Competency Reference Guide
Mental Condition at the Time of the Offense Charged
Description
Evaluation to determine if the defendant, at the time of the offense charged, did not know as a result of severe mental disease or severe mental defect, the wrongfulness of the acts charged.
Relevant Statute(s)
ORC §2945.371
ORC §2945.391
ORC §2945.40
ORC §2901.01(A)(14)
ORC §2901.05
When to Refer
- At any point during the pre-trial phase of proceedings
- When there are concerns the defendant was experiencing symptoms of a severe mental condition (e.g., severe mental illness, intellectual disability) at the time of the offense, that precluded them from knowing their conduct was wrong
- After a plea of Not Guilty by Reason of Insanity (NGRI) has formally been entered by the defense [per ORC §2945.371(A)]
Resources
Civil Commitment after Acquittal by Reason of Insanity
Description
Evaluation to determine whether the defendant is a person with mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order.
Relevant Statute(s)
ORC §2945.40
When to Refer
- Following a verdict of Not Guilty by Reason of Insanity (NGRI)
- When the trial judge believes there is probable cause that the person found NGRI is a person with mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order
Reports for the Purpose of Determining the Disposition of a Case
Assessment of Factors in the Crime
Description
Evaluation to determine which, if any, factors pertaining to the defendant’s mental and behavioral health played a role in the offense.
Relevant Statute(s)
ORC §2947.06
When to Refer
- During the post-conviction, pre-sentencing phase of proceedings
- When such information would aid the trier of fact in making sentencing determinations
Clinical Forensic Recommendations
Description
Evaluation to provide recommendations for mental health, substance use, social, and/or physical needs (e.g., housing) to consider for sentencing.
Relevant Statute(s)
ORC §2947.06
When to Refer
- During the post-conviction, pre-sentencing phase of proceedings
- When such information would aid the trier of fact in making sentencing determinations
- As a standalone evaluation or concurrent with referral for an Assessment of Factors in the Crime evaluation
Assessment of Treatment Needs
Description
Evaluation to provide recommendations of treatment needs for defendants who allegedly have violated conditions of community control.
Relevant Statute(s)
ORC §2947.06
When to Refer
- When a defendant has already been convicted and subsequently sentenced to probation and is now accused of violating the terms of their conditional release, and the Court has concerns that the alleged violation is a function of mental health and/or cognitive problems that could benefit from intervention (e.g., treatment)
- If there are no new/pending charges for which the Court has concerns about the defendant’s mental functioning presently or at the time of the offense
Battered Woman Syndrome
Description
Evaluation to determine if a defendant suffered from “battered woman syndrome” at the time of the commission of the offense, and if so, the likelihood that (a) their reasoning was impaired in a manner that meets criteria for an insanity defense, and/or (b) there was belief of an imminent danger of death or great bodily harm that meets criteria for a defense of self-defense.
Relevant Statute(s)
ORC §2945.392
ORC §2901.06
When to Refer
- During the pre-trial phase of proceedings
- When the defendant is charged with an offense involving the use of force against another person, and it is believed the defendant’s conduct resulted from having “battered woman syndrome”
- After Defense has formally raised and notified the Court of the affirmative defense of self-defense or insanity
Movement to Non-Secured Status
Description
Evaluation to determine whether the acquitee by reason of insanity or Incompetent to Stand Trial, Unrestorable, Criminal Jurisdiction (IST-U-CJ) is eligible for placement on Non-Secured Status in the community (i.e., SB285 Second Opinion).
Relevant Statute(s)
ORC §2945.401
When to Refer
- Following petition from the state hospital indicating patient/acquitee is ready for lower level of care
- Evaluation completed as a second opinion to the initial hospital recommendation
- Evaluations completed at Warrensville Developmental Center or Northcoast Behavioral Healthcare
Sex Offender Risk Assessment
Description
Evaluation to determine risk for sexual offense recidivism of defendants convicted of a sex offense.
Relevant Statute(s)
ORC §2947.06
When to Refer
- During the post-conviction, pre-sentencing phase of proceedings
- When information would aid the trier of fact in consideration for sentencing
Clinical Eligibility for Mental Health/Developmental Disability (MHDD) Programming
Description
Evaluation to determine a defendant’s clinical eligibility for MHDD (Court and/or probation) pursuant to Local Rule 30.1 eligibility guidelines. Involves assessment to determine current presence of severe mental illness, neurodevelopmental disorders, and/or neurocognitive disorders.
Relevant Rule
When to Refer
- During a defendant’s legal proceedings (e.g., pre-trial, pre-sentence) when any party believes the defendant may meet clinical eligibility criteria and would benefit from services offered through MHDD
- Evaluation includes clinical eligibility for the MHDD Court Dockets AND eligibility for MHDD supervision through the probation department