Warren-Clinton News

State Senators Nathan Manning and Thomas Patton have introduced Senate Bill 295, a measure designed to address the issue of competency restoration for criminal defendants in Ohio. The bill aims to extend the timeline allowed for restoring a defendant’s competency before trial and permits courts to pause or “toll” this period when a defendant does not comply with treatment.

The legislation follows an incident in Cuyahoga County during the summer of 2024, when Delawnte Hardy was accused of shooting his grandmother and, while fleeing, killing Cleveland police officer Jamieson Ritter. Hardy was found incompetent to stand trial and ordered to undergo treatment intended to restore his competency. However, he refused medication for five months, and the hospital overseeing his care did not notify prosecutors or the court.

Senator Patton said, “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. 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.”

Under current Ohio law, there is a one-year limit on efforts to restore a defendant’s competency, even in cases involving serious offenses such as aggravated murder. Senator Manning explained, “Currently in Ohio law, there is a 1-year period for competency restoration, even for the most serious offenses like aggravated murder. 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.”

If passed, Senate Bill 295 would increase the maximum period allowed for competency restoration from one year to five years in cases involving serious crimes. It would also require mental health hospitals responsible for treating these defendants to inform the court within fourteen days if a defendant refuses treatment.

Cuyahoga County Prosecutor Michael O’Malley commented on the bill: “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,” he said. “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.”

The Senate Judiciary Committee will hear proponent testimony on Senate Bill 295 on Wednesday, November 5th.