State v. Hudkins

Citations

• 184 N.E.3d 160
• 2022 Ohio 249

Syllabus

R.C. 2945.38(C)(2) unambiguously limits the maximum amount of time that a criminal defendant can be ordered to undergo treatment to restore him to competency to a maximum of six months when the defendant is facing a felony offense that is not a first or second-degree offense of violence. The time period for restorative treatment does not begin anew or \restart\ when there is a period of competency in between incompetency findings. As there was not a substantial probability that the defendant could be restored to competency with less than six months of treatment, the trial court should have dismissed the indictment and discharged the defendant or, alternatively, filed an affidavit in probate court for civil commitment pursuant to Chapter 5122. or 5123. of the Revised Code. The decision of the court was reversed and the matter remanded for compliance with R.C. 2945.38(H)(4).