Ohio Code 5122.112 – Termination of probate court jurisdiction
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A probate court that terminates jurisdiction over a defendant described in division (B)(1)(a)(v)(I) of section 2945.38 of the Revised Code, for whom a trial court or prosecutor initiated proceedings alleging that the defendant is a mentally ill person subject to court order pursuant to sections 5122.11 to 5122.15 of the Revised Code, shall immediately do both of the following:
Terms Used In Ohio Code 5122.112
- Court: means the probate division of the court of common pleas. See Ohio Code 5122.01
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mental illness: means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. See Ohio Code 5122.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probate: Proving a will
- Prosecutor: means the prosecuting attorney, village solicitor, city director of law, or similar chief legal officer who prosecuted a criminal case in which a person was found not guilty by reason of insanity, who would have had the authority to prosecute a criminal case against a person if the person had not been found incompetent to stand trial, or who prosecuted a case in which a person was found guilty. See Ohio Code 5122.01
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(A) Notify the initiating court or prosecutor of the termination;
(B) Transmit to the initiating court a copy of any records in its possession that pertain to the defendant’s mental illness or treatment for mental illness.
Last updated May 21, 2021 at 12:58 PM