Senate Concurs On Patton Bill Protecting The Public By Reforming Competency

COLUMBUS — The Ohio Senate concurred on Senate Bill 295, sponsored by State Senator Thomas Patton (R-Strongsville), legislation which would prevent defendants deemed not competent for trial from running out the clock by refusing treatment.

In July of 2024, Delawnte Hardy shot his grandmother and then shot and killed responding Cleveland police officer Jamieson Ritter, according to the Cuyahoga County Prosecutor. Hardy was deemed incompetent to stand trial 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 treatments did not alert the court.

“Delawnte Hardy did not hesitate to shoot and kill Officer Ritter: an armed, trained officer of the law,” said Senator Patton. “If this legislation does not go into effect, Delawnte Hardy's case and future cases like it will be sent to a probate court—a court which is ill-equipped to handle a case of this magnitude." 

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 when defendants refuse to comply with treatment is occurring. The timeline is increased to three years for the most serious offenses.

Additionally, mental health hospitals charged with restoring defendants to competency will be required to notify the court within fourteen days of when a defendant refuses to comply with their treatment plan, and any length of time in which a defendant refuses treatment will be tolled against the three year restoration period.

Senate Bill 295 now heads to Governor DeWine for signature.

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