Senate Passes Manning and Patton Bill Protecting the Public by Reforming Competency Standards for Defendants
COLUMBUS — The Ohio Senate passed Senate Bill 295, sponsored by State Senator Nathan Manning (R-North Ridgeville) and State Senator Thomas Patton (R-Strongsville), which extends the timeline for competency restoration for a defendant before trial and allows for tolling in competency restoration periods.
“I'm proud to see this legislation pass the Senate unanimously on Wednesday,” Senator Manning noted. “This bill makes needed changes for restoring a defendant to stand for trial and ensures courts are made aware of the status of a defendant's restoration to competency. I hope this piece of legislation will ensure individuals can be brought to justice for their actions, both in the current case that brought this issue to our attention and future cases.”
In 2024, Delawnte Hardy shot his grandmother and then shot and killed responding Cleveland police officer Jamieson Ritter. The defendant was deemed incompetent to stand trial and ordered to undergo treatment to restore him to competency. Yet, he refused to take his medication for five months and the hospital responsible for his treatments did not alert the prosecutors, the defense team, or the court.
Under Senate Bill 295, defendants will no longer be able to deliberately run out the clock as courts will be able to temporarily suspend or pause the deadline, known as tolling, when failure to comply with treatment is occurring. The timeline is increased to five years for the most serious offenses.
Additionally, mental health hospitals charged with restoring defendants to competency are required to notify the court within fourteen days of when a defendant refuses to comply with their treatment plan.
“Delawnte Hardy did not hesitate to shoot and kill Officer Ritter, and we do not want to see him—or any other dangerous criminals—let off the hook due to a legal loophole,” said Senator Patton. “I want to thank the Cuyahoga County Prosecutor's office and the Cleveland Police Patrolman's Association, as well as Officer Ritter's parents, Jon and Karen, for their dedication and sacrifice. We could not have gotten this far without their support."
Senate Bill 295 now heads to the Ohio House for further consideration.
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