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Ohio becomes first in the nation to exempt individuals with serious mental illness from a death sentence

HB 136, a bill that would exempt individuals with serious mental illness from receiving a death sentence, was signed into law by Governor Mike DeWine on January 9, 2021. Ohio is now the first state in the country to adopt this type of legislation.

You can click here to find your legislator to thank them for their leadership on this issue.

What HB 136 does:

  • Gives protection for individuals with one of four diagnoses: Schizophrenia, Schizoaffective Disorder, Bipolar Disorder, and Delusional Disorder;
  • Allows for conviction and legal responsibility;
  • Follows the same legal process as landmark US Supreme Court cases;
  • Gives judges discretion;
  • Fixes flaws with capital trial mitigation phase.

Citizens are getting involved by making one call and one contribution.

After you’ve thanked your legislator, make a secure contribution to OTSE.

Background on mental illness reform

The Ohio General Assembly is considering SB 54 and HB 136 which would prohibit death sentences for individuals with serious mental illness. The bill was first recommended in 2014 by an Ohio Supreme Court Joint Death Penalty Task Force in collaboration with the Ohio Bar Association.

Reforms were introduced in 2015 and 2017. Now a bi-partisan reform is poised to move forward. The reforms are widely supported by mental health advocates, faith-based groups, editorial boards and the majority of Ohioans.

Editorial boards have called on legislators to make the changes. Check out their positions through the links: Cleveland Plain Dealer, The Columbus Dispatch, Akron Beacon Journal.

Also see what former Ohio Governor Bob Taft has said in The Washington Post

Donate to OTSE now.

Contact OTSE at info@otse.org for more information.

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RECOMMENDATION 52

Adoption of a rule directing that the trial judge is the appropriate authority for the appointment of experts for indigent defendants. The rule should further provide that the decision pertaining to the appointment of experts shall be made, on the record, at one of the prescribed Pre-Trial Conferences.

If defense counsel requests, the demand for appointment of the expert shall be made in-camera ex parte, and the order concerning the appointment shall be under seal.

Upon establishing counsels’ respective compliance with discovery obligations, the question of the appointment of experts (including determination of projected expert fees based upon analysis of expert’s time to be applied to the case as well as consideration of incremental payment of expert fees as case progresses) would be decided by the court, which decision would be subject to immediate appeal, under seal, to the appropriate Court of Appeals. The trial court judge shall make written findings as to the basis for any denial. Although concerns have been raised as to the ability of the Appellate Court to provide the anticipated, necessary expedited hearing within a reasonable time-frame, the Joint Task Force suggests that this issue be elevated to the status of a final appealable order and that the necessary expedited appellate process be spelled out in the statute.

RECOMMENDATION 54

Should the present process of appointment of indigent counsel by the judiciary continue, the main objective should always be to assure the best educationally experienced and qualified candidate, who is available (within the county or outside the county), and who is otherwise willing to take on the responsibilities associated with the case for an appropriate fee and accompanying expenses, is appointed. A uniform fee schedule for such services across the State of Ohio must be a necessary consideration to assure the equal protection and due process for the accused in a capital case.

RECOMMENDATION 55

Adoption of reporting standards to provide complete transparency of record, including requirements to ensure better record keeping by the trial judge and the provision of additional, detailed resource information necessary to assure strict compliance with due process, which information shall be submitted to the Supreme Court upon completion of the case. Such resource information may include unique Constitutional issues, unique evidentiary issues, significant motions, plea rationale, pre-sentence investigation, and any additional information required by the Rule 20 Committee or the Supreme Court of Ohio. Additional types of resource information could be developed as part of the mandated educational process conducted by the Ohio Judicial College.

RECOMMENDATION 56

The Joint Task Force believes that some of the recommendations above could be accomplished by the adoption of a separate Criminal Rule for Capital Cases. The Joint Task Force recommends that such a rule be adopted and provide for the mandatory training of attorneys and judges (Recommendation 49), the selection and appointment of indigent counsel in capital cases (Recommendation 51), and the enforcement of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and the Supplementary Guidelines for the Mitigation Function of Defense Teams (Recommendations 11 and 12).