Manning Introduces Bill Addressing Competency Restoration for Defendants

COLUMBUS — State Senator Nathan Manning (R-North Ridgeville) and State Senator Thomas Patton (R-Strongsville) gave sponsor testimony on Senate Bill 295 this week, legislation that would extend the timeline for competency restoration before trial and allow for tolling in competency restoration periods.

In the summer of 2024 in Cuyahoga County, Delawnte Hardy shot his grandmother and, while on the run, shot and killed Cleveland police officer Jamieson Ritter, who was attempting to arrest him. The defendant was deemed incompetent to stand trial for these murders and ordered to undergo treatment to restore him to competency. However, he refused to take his medication for five months, and the hospital responsible for his competency treatments did not alert the prosecutors or the court.

“We have noticed a concerning strategy of a defendant trying to ‘run out the clock’ on his competency hearings in a clear attempt to have his charges dismissed,” Senator Patton noted. “Delawnte Hardy did not hesitate to shoot and kill Officer Ritter, and we believe the courts should have as much time as they need to restore him to competency for trial.”

Defendants will no longer be able to deliberately run out the clock as courts will be able to toll competency periods, meaning they will be able to temporarily suspend or pause the deadline when failure to comply with treatment is occurring.

“Currently in Ohio law, there is a 1-year period for competency restoration, even for the most serious offenses like aggravated murder,” said Senator Manning. “This legislation addresses that inadequate timeframe and ensures that courts are kept up to date with the status of treatment and restoration of defendants for trial.” 

Under Senate Bill 295, that timeline will be increased to five years for the most serious offenses. Additionally, mental health hospitals charged with restoring these defendants to competency will have to notify the court within fourteen days when a defendant refuses to comply with their treatment plan.

“The tragic murders of Cleveland Police Officer Jamieson Ritter and Beatrice Porter revealed a dangerous loophole in Ohio’s competency restoration process. This bill closes that gap by preventing violent offenders from exploiting the system by refusing medication or stalling out the restoration timeline,” said Cuyahoga County Prosecutor Michael O’Malley. “I want to thank Senators Manning and Patton for standing up for Ohio’s violent crime victims by leading the efforts to fix this issue.”

Proponent testimony on Senate Bill 295 will be held in the Senate Judiciary Committee on Wednesday, November 5th.

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