2006 Ohio Revised Code - 2967.22. Involuntary commitment of mentally ill or retarded releasee.

§ 2967.22. Involuntary commitment of mentally ill or retarded releasee.
 

Whenever it is brought to the attention of the adult parole authority or a department of probation that a parolee, person under a community control sanction, person under transitional control, or releasee appears to be a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code, or a mentally retarded person subject to institutionalization by court order, as defined in section 5123.01 of the Revised Code, the parole or probation officer, subject to the approval of the chief of the adult parole authority, the designee of the chief of the adult parole authority, or the chief probation officer, may file an affidavit under section 5122.11 or 5123.71 of the Revised Code. A parolee, person under a community control sanction, or releasee who is involuntarily detained under Chapter 5122. or 5123. of the Revised Code shall receive credit against the period of parole or community control or the term of post-release control for the period of involuntary detention. 
 

If a parolee, person under a community control sanction, person under transitional control, or releasee escapes from an institution or facility within the department of mental health or the department of mental retardation and developmental disabilities, the superintendent of the institution immediately shall notify the chief of the adult parole authority or the chief probation officer. Notwithstanding the provisions of section 5122.26 of the Revised Code, the procedure for the apprehension, detention, and return of the parolee, person under a community control sanction, person under transitional control, or releasee is the same as that provided for the apprehension, detention, and return of persons who escape from institutions operated by the department of rehabilitation and correction. If the escaped parolee, person under transitional control, or releasee is not apprehended and returned to the custody of the department of mental health or the department of mental retardation and developmental disabilities within ninety days after the escape, the parolee, person under transitional control, or releasee shall be discharged from the custody of the department of mental health or the department of mental retardation and developmental disabilities and returned to the custody of the department of rehabilitation and correction. If the escaped person under a community control sanction is not apprehended and returned to the custody of the department of mental health or the department of mental retardation and developmental disabilities within ninety days after the escape, the person under a community control sanction shall be discharged from the custody of the department of mental health or the department of mental retardation and developmental disabilities and returned to the custody of the court that sentenced that person. 
 

HISTORY: 130 v PtII, 157 (Eff 3-18-65); 134 v H 494 (Eff 7-12-72); 137 v H 565 (Eff 11-1-78); 138 v S 52 (Eff 1-9-81); 138 v H 965 (Eff 4-9-81); 143 v H 569 (Eff 7-1-91); 146 v S 2 (Eff 7-1-96); 147 v S 111. Eff 3-17-98; 149 v H 490, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of H.B. 490. 

See provisions, § 5 of SB 2 (146 v  - ), as amended by § 3 of SB 269 (146 v  - ), following RC § 2929.03. 

 

Effect of Amendments

H.B. 490, Acts 2002, effective January 1, 2004, deleted "county" preceding "department" in the introductory paragraph of the section, substituted "person under a community control sanction" for "probationer six times" throughout the section, "community control" for "probation" in the introductory paragraph of the section, and "that person" for "the probationer" in the final sentence of the final paragraph. 

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