Our primary work is for the Common Pleas courts in our region. We have state funding to provide expert forensic mental health opinions to those courts. We receive local funding to offset the costs for Butler County and its municipalities. Warren and Clinton County’s mental health and recovery services board supports outpatient competency restoration services for their criminally involved intellectually disabled or severely mentally ill defendants.
The four types of evaluations covered by our state grant for the adult Common Pleas Courts are NGRI, Competency to Stand Trial, Post-NGRI and restriction level changes for NGRI acquittees (“2nd Opinion” or Non-secured status).
However, in addition to those four types of evaluations, we answer approximately 400 court referred questions per year (examples of which are listed below) and consult to several agencies and community partners.
Our Evaluation Process
Our evaluations take about four weeks to complete, and the standard interview could last for between two to four hours.
The interview and testing with the defendant is a small part of what we do. We also do an extensive review of an individual’s psychiatric, medical, legal and education history. We look at the defendant’s social circumstances, vocational history, adaptive functioning and ability to live independently.
Our evaluations follow the guidelines set out by theAmerican Psychological Association Specialty Guidelines for Forensic Psychologyand the practice guidelinesfor the American Academy of Forensic Psychiatry.
PRE Conviction Evaluations
Pre–Conviction and Post Acquittee Evaluations
These evaluations are specific to the pre–conviction issues facing a defendant and court to answer the statutory criteria found in the Ohio Revised Code (ORC) under the listed statute.
- Competency to Stand Trial—Adults 2945.371(G)(3)
- Mental Status at the Time of the Offense (NGRI)—2945.371(G)(4)
- Post NGRI Hospitalization Status—2945.40
- Non-Secured Status “Second Opinion (to the hospital) – 2945.401-D-b
POST CONVICTION and INTERVENTION IN LIEU OF CONVICTION EVALUATIONS
These post-conviction evaluations are designed to reveal the potential for reduction of risk of violence and criminal recidivism where behavioral health issues (by legal definition) contributed to the offense. The evaluation will provide recommendations for treatment, which if followed will mitigate the identified risk factors.
- Pre–sentence Investigation—2951.03
- Mitigation of Sentence—2947.06
- Post–Sentence (Probation or Parole)—2967.22
- Determination of Sexual Predator Status—2950.01 (“old statute criteria”)
- Intervention in Lieu of Conviction statute ORC 2951.04 due to Severe Mental Illness, Substance Dependence, Intellectual Disability or Victim of Human Trafficking
Ohio’s Intervention in Lieu of Conviction statute ORC 2951.04 now identifies four areas of potential relief from conviction if the defendant can complete appropriate programming to resolve the condition that specifically contributed to the index offense. We can address these criteria if sufficient information is available and provide treatment planning recommendations targeting mitigating risk factors for criminal recidivism and relapse.
The Juvenile Court is a division of the Common Pleas court system in Ohio; however they operate under different ORC language than the adult court. We address the juvenile court specific criteria and provide suggestions for interventions where appropriate.
- Juvenile Mental Health Evaluations under Ohio Juvenile Rule 32
- Juvenile Competency to Stand Trial ORC 2152.56
- Risk Assessment Evaluations Ohio Rule 32(A)
- Juvenile Bindover Transfer of Cases Assessment ORC 2152.12
PROBATE COURT & Adult Protective Services evaluations
This evaluation assists the court in determining a prospective ward’s decision–making competence with regard to their ability to properly care for themselves and their property if they are suffering from a severe mental illness or addiction.
- Appropriateness for Outpatient Civil Commitment—5122.01 & 5122.11
This evaluation assists the court in determining a prospective ward’s decision–making competence with regard to their ability to properly care for themselves and their property in an outpatient setting.