Criminal Justice Update
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Criminal Justice Update

Some quick reminders for courts

2/3/2014
1. Hopper Act requires reporting of mental health information
 
Ohio’s new Deputy Suzanne Hopper Act requires that courts report certain mental health information to law enforcement for inclusion in the National Crime Information Center (NCIC).

Effective Sept. 4, 2013, the act amended Ohio Revised Code Section 2945.402 and added Section 2929.44 to require courts to report the following to the original law enforcement agency involved:
  • The conditional release of a person found incompetent to stand trial
  • A finding of not guilty by reason of insanity
  • The mental health evaluation or treatment orders for a person convicted of a violent offense
Beginning Jan. 1, 2014, per Sup. R. 95, courts are to use Form 95: NCIC Mental Health Notice to report this information. The original law enforcement agency is then responsible for entering the mental health information into NCIC through LEADS so that local officers can access it when needed.

Law enforcement must access NCIC information through LEADS. Because this mental health information is provided directly to NCIC, an individual’s record cannot be flagged to indicate more information is available through LEADS. Information related to these reports is not available through OHLEG.
 
2. Information helps ensure criminal records accuracy
 
BCI is stepping up efforts to remind Ohio courts and others of their statutory reporting duties related to dispositions.
  • Common pleas and municipal courts are required to report the disposition of criminal cases to BCI each week.
  • Common pleas and municipal courts are required to ensure the collection and immediate submission of the fingerprint records of individuals convicted in their court.
  • Probate courts and chief clinical officers of hospitals and other facilities that serve mental health patients are required to report mental health adjudications as they occur.
For more information, call 855-BCI-OHIO (224-6446).