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Ohio Revised Code

Ohio Rev. Code § 2945.40 (2026)

Acquittal by reason of insanity

✓ current as of May 2026
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Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
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(A) If a person is found not guilty by reason of insanity, the verdict shall state that finding, and the trial court shall conduct a full hearing to determine whether the person is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order. Prior to the hearing, if the trial judge believes that there is probable cause that the person found not guilty by reason of insanity is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order, the trial judge may issue a temporary order of detention for that person to remain in effect for ten court days or until the hearing, whichever occurs first.

Any person detained pursuant to a temporary order of detention issued under this division shall be held in a suitable facility, taking into consideration the place and type of confinement prior to and during trial.

(B) The court shall hold the hearing under division (A) of this section to determine whether the person found not guilty by reason of insanity is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order within ten court days after the finding of not guilty by reason of insanity. Failure to conduct the hearing within the ten-day period shall cause the immediate discharge of the respondent, unless the judge grants a continuance for not longer than ten court days for good cause shown or for any period of time upon motion of the respondent.

(C) If a person is found not guilty by reason of insanity, the person has the right to attend all hearings conducted pursuant to sections 2945.37 to 2945.402 of the Revised Code. At any hearing conducted pursuant to one of those sections, the court shall inform the person that the person has all of the following rights:

(1) The right to be represented by counsel and to have that counsel provided at public expense if the person is indigent, with the counsel to be appointed by the court under Chapter 120. of the Revised Code or under the authority recognized in division (C) of section 120.06, division (E) of section 120.16, division (E) of section 120.26, or section 2941.51 of the Revised Code;

(2) The right to have independent expert evaluation and to have that independent expert evaluation provided at public expense if the person is indigent;

(3) The right to subpoena witnesses and documents, to present evidence on the person's behalf, and to cross-examine witnesses against the person;

(4) The right to testify in the person's own behalf and to not be compelled to testify;

(5) The right to have copies of any relevant medical or mental health document in the custody of the state or of any place of commitment other than a document for which the court finds that the release to the person of information contained in the document would create a substantial risk of harm to any person.

(D) The hearing under division (A) of this section shall be open to the public, and the court shall conduct the hearing in accordance with the Rules of Civil Procedure. The court shall make and maintain a full transcript and record of the hearing proceedings. The court may consider all relevant evidence, including, but not limited to, any relevant psychiatric, psychological, or medical testimony or reports, the acts constituting the offense in relation to which the person was found not guilty by reason of insanity, and any history of the person that is relevant to the person's ability to conform to the law.

(E) Upon completion of the hearing under division (A) of this section, if the court finds there is not clear and convincing evidence that the person is a person with a mental illness subject to court order or a person with an intellectual disability subject to institutionalization by court order, the court shall discharge the person, unless a detainer has been placed upon the person by the department of rehabilitation and correction, in which case the person shall be returned to that department.

(F) If, at the hearing under division (A) of this section, the court finds by clear and convincing evidence that the person is a person with a mental illness subject to court order, the court shall commit the person either to the department of mental health and addiction services for treatment in a hospital, facility, or agency as determined clinically appropriate by the department of mental health and addiction services or to another medical or psychiatric facility, as appropriate. Prior to placing the defendant, the department of mental health and addiction services shall obtain court approval for that placement. If, at the hearing under division (A) of this section, the court determines by clear and convincing evidence that the person requires treatment for an intellectual disability, it shall commit the person to a facility operated by the department of developmental disabilities or another facility, as appropriate. Further proceedings shall be in accordance with sections 2945.401 and 2945.402 of the Revised Code. In determining the place of commitment, the court shall consider the extent to which the person is a danger to the person and to others, the need for security, and the type of crime involved and shall order the least restrictive alternative available that is consistent with public safety and the welfare of the person. In weighing these factors, the court shall give preference to protecting public safety.

(G) If a court makes a commitment of a person under division (F) of this section, the prosecutor shall send to the hospital, facility, or agency where the person is placed by the department of mental health and addiction services or to the defendant's place of commitment all reports of the person's current mental condition, and, except as otherwise provided in this division, any other relevant information, including, but not limited to, a transcript of the hearing held pursuant to division (A) of this section, copies of relevant police reports, and copies of any prior arrest and conviction records that pertain to the person and that the prosecutor possesses. The prosecutor shall send the reports of the person's current mental condition in every case of commitment, and, unless the prosecutor determines that the release of any of the other relevant information to unauthorized persons would interfere with the effective prosecution of any person or would create a substantial risk of harm to any person, the prosecutor also shall send the other relevant information. Upon admission of a person committed under division (F) of this section, the place of commitment shall send to the board of alcohol, drug addiction, and mental health services or the community mental health board serving the county in which the charges against the person were filed a copy of all reports of the person's current mental condition and a copy of the other relevant information provided by the prosecutor under this division, including, if provided, a transcript of the hearing held pursuant to division (A) of this section, the relevant police reports, and the prior arrest and conviction records that pertain to the person and that the prosecutor possesses.

(H) A person who is committed pursuant to this section shall not voluntarily admit the person or be voluntarily admitted to a hospital or institution pursuant to section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.

Last updated October 20, 2025 at 2:41 PM

Notes of Decisions
Cited in 91 cases (18 in the last 5 years), 1954–2026 · leading case: State v. Johnson, 512 N.E.2d 652 (Ohio 1987).
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State v. Johnson, 512 N.E.2d 652 (Ohio 1987). · cites it 18× “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). · cites it 16× “On that date, the trial court further found that Rohrer was not guilty by reason of insanity, pursuant to R.C. 2945.40. The trial court next proceeded to find Appellant was mentally ill and subject to hospitalization.”
State v. Lowell, 2021 Ohio 3098 (Ohio Ct. App. 2021). · cites it 12× “40(A) states in pertinent part: If a person is found not guilty by reason of insanity * * * the trial court shall conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to…”
State v. Tuomala, 104 Ohio St. 3d 93 (Ohio 2004). · cites it 4× “On February 8, 2001, the trial court found him not guilty by reason of insanity and, after further evaluation by Forensic Psychiatric Center, committed him pursuant to R.C. 2945.40 to Heartland Behavioral Healthcare.”
State v. Jackson, 440 N.E.2d 1199 (Ohio Ct. App. 1981). · cites it 13× “On November 12,1980, a hearing was conducted concerning defendant’s continued commitment, pursuant to R.C. 2945.40 and 5122.15(H), as they were amended by Am.”
Townsend v. McAvoy, 466 N.E.2d 555 (Ohio 1984). · cites it 10× “The trial court then found petitioner to be mentally ill, and ordered petitioner committed for an initial period not to exceed ninety days pursuant to R.C. 2945.40 and 5122.15(C). R.C. 5122.15(H) provides for determinations regarding the continuance of commitment or discharge at…”
State v. Stutler, 2018 Ohio 1619 (Ohio Ct. App. 2018). · cites it 7× “Compare the provisions from R.C. 2945.40 which provide a requirement of clear and convincing evidence and remove the trial court's discretion: * * * if the court finds there is not clear and convincing evidence that the person is a mentally ill person subject to court order or a…”
McGautha v. California, 402 U.S. 183 (1971). · cites it 2× “[6] Pursuant to Ohio law, Ohio Rev. Code Ann. § 2945.40 (1954), Crampton was committed to a state mental hospital for a month of observation.”
Whiting v. Ohio Dep't of Mental Health, 750 N.E.2d 644 (Ohio Ct. App. 2001). · cites it 2× “Pursuant to R.C. 2945.40 and 5122.15(H), Pearce was scheduled to undergo continual commitment hearings every two years; however, no commitment hearings took place for Pearce from May 25, 1988 to June 22, 1995.”
State v. McNichols, 2020 Ohio 2705 (Ohio Ct. App. 2020). · cites it 3× “2 The statute requires the court to “conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order.”
State v. Young, 2020 Ohio 4135 (Ohio Ct. App. 2020). · cites it 3× “Therefore, the court found Young not guilty by reason of insanity and ordered Young to be evaluated to determine whether Young should be subject to hospitalization pursuant to R.C. 2945.40. Dr. Cerny-Suelzer reevaluated Young pursuant to the court’s order.”
State v. Werner, 859 N.E.2d 986 (Ohio Ct. App. 2006). · cites it 10× “{¶ 13} The R.C. 2945.40 hearing is open to the public and is governed by the Rules of Civil Procedure.”
Show all 91 citing cases →
— Ohio Rev. Code § 2945.40(1) — 1 case
State v. Bruton, 501 N.E.2d 651 (Ohio Ct. App. 1985).
— Ohio Rev. Code § 2945.40(A) — 11 cases
State v. Lowell, 2021 Ohio 3098 (Ohio Ct. App. 2021). “40(A) states in pertinent part: If a person is found not guilty by reason of insanity * * * the trial court shall conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to…”
State v. McNichols, 2020 Ohio 2705 (Ohio Ct. App. 2020). “2 The statute requires the court to “conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order.”
State v. Ware, 542 N.E.2d 1115 (Ohio Ct. App. 1988).
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). “On that date, the trial court further found that Rohrer was not guilty by reason of insanity, pursuant to R.C. 2945.40. The trial court next proceeded to find Appellant was mentally ill and subject to hospitalization.”
State v. Werner, 859 N.E.2d 986 (Ohio Ct. App. 2006). “{¶ 13} The R.C. 2945.40 hearing is open to the public and is governed by the Rules of Civil Procedure.”
— Ohio Rev. Code § 2945.40(B) — 5 cases
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). “On that date, the trial court further found that Rohrer was not guilty by reason of insanity, pursuant to R.C. 2945.40. The trial court next proceeded to find Appellant was mentally ill and subject to hospitalization.”
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Street, 2023 Ohio 4405 (Ohio Ct. App. 2023).
State v. D.M., 2019 Ohio 4686 (Ohio Ct. App. 2019).
State v. Johnson, 2013 Ohio 3691 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2945.40(C) — 13 cases
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). “On that date, the trial court further found that Rohrer was not guilty by reason of insanity, pursuant to R.C. 2945.40. The trial court next proceeded to find Appellant was mentally ill and subject to hospitalization.”
State v. Jackson, 440 N.E.2d 1199 (Ohio Ct. App. 1981). “On November 12,1980, a hearing was conducted concerning defendant’s continued commitment, pursuant to R.C. 2945.40 and 5122.15(H), as they were amended by Am.”
State v. Werner, 859 N.E.2d 986 (Ohio Ct. App. 2006). “{¶ 13} The R.C. 2945.40 hearing is open to the public and is governed by the Rules of Civil Procedure.”
State v. Shepard, 469 N.E.2d 1040 (Ohio Ct. App. 1984).
— Ohio Rev. Code § 2945.40(C)(2) — 1 case
State v. Werner, 859 N.E.2d 986 (Ohio Ct. App. 2006). “{¶ 13} The R.C. 2945.40 hearing is open to the public and is governed by the Rules of Civil Procedure.”
— Ohio Rev. Code § 2945.40(D) — 9 cases
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Rohrer, 2015 Ohio 5333 (Ohio Ct. App. 2015). “On that date, the trial court further found that Rohrer was not guilty by reason of insanity, pursuant to R.C. 2945.40. The trial court next proceeded to find Appellant was mentally ill and subject to hospitalization.”
State v. Williams, 902 N.E.2d 1042 (Ohio Ct. App. 2008).
State v. Lanzy, 504 N.E.2d 1150 (Ohio Ct. App. 1985).
State v. Bowen, 742 N.E.2d 1166 (Ohio Ct. App. 2000).
— Ohio Rev. Code § 2945.40(D)(1) — 10 cases
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Jackson, 440 N.E.2d 1199 (Ohio Ct. App. 1981). “On November 12,1980, a hearing was conducted concerning defendant’s continued commitment, pursuant to R.C. 2945.40 and 5122.15(H), as they were amended by Am.”
State v. Stutler, 2018 Ohio 1619 (Ohio Ct. App. 2018). “Compare the provisions from R.C. 2945.40 which provide a requirement of clear and convincing evidence and remove the trial court's discretion: * * * if the court finds there is not clear and convincing evidence that the person is a mentally ill person subject to court order or a…”
State v. Shepard, 469 N.E.2d 1040 (Ohio Ct. App. 1984).
State v. Green, 686 N.E.2d 1138 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 2945.40(D)(2) — 1 case
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
— Ohio Rev. Code § 2945.40(D)(3) — 1 case
Whiting v. Ohio Dep't of Mental Health, 750 N.E.2d 644 (Ohio Ct. App. 2001). “Pursuant to R.C. 2945.40 and 5122.15(H), Pearce was scheduled to undergo continual commitment hearings every two years; however, no commitment hearings took place for Pearce from May 25, 1988 to June 22, 1995.”
— Ohio Rev. Code § 2945.40(D)(4) — 2 cases
Townsend v. McAvoy, 466 N.E.2d 555 (Ohio 1984). “The trial court then found petitioner to be mentally ill, and ordered petitioner committed for an initial period not to exceed ninety days pursuant to R.C. 2945.40 and 5122.15(C). R.C. 5122.15(H) provides for determinations regarding the continuance of commitment or discharge at…”
State v. Lanzy W. Reserve Psychiatric Hosp., 569 N.E.2d 468 (Ohio 1991).
— Ohio Rev. Code § 2945.40(D)(5) — 4 cases
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Green, 686 N.E.2d 1138 (Ohio Ct. App. 1996).
State v. Lanzy W. Reserve Psychiatric Hosp., 569 N.E.2d 468 (Ohio 1991).
State v. Green, 683 N.E.2d 23 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 2945.40(D)(6) — 2 cases
State v. Traywick, 595 N.E.2d 986 (Ohio Ct. App. 1991).
Reid v. Morris, 592 N.E.2d 875 (Ohio Ct. App. 1990).
— Ohio Rev. Code § 2945.40(E) — 5 cases
State v. McNichols, 2020 Ohio 2705 (Ohio Ct. App. 2020). “2 The statute requires the court to “conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order.”
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Stutler, 2018 Ohio 1619 (Ohio Ct. App. 2018). “Compare the provisions from R.C. 2945.40 which provide a requirement of clear and convincing evidence and remove the trial court's discretion: * * * if the court finds there is not clear and convincing evidence that the person is a mentally ill person subject to court order or a…”
State v. Gladding, 593 N.E.2d 415 (Ohio Ct. App. 1991).
State v. Traywick, 595 N.E.2d 986 (Ohio Ct. App. 1991).
— Ohio Rev. Code § 2945.40(E)(l) — 1 case
State v. Werner, 859 N.E.2d 986 (Ohio Ct. App. 2006). “{¶ 13} The R.C. 2945.40 hearing is open to the public and is governed by the Rules of Civil Procedure.”
— Ohio Rev. Code § 2945.40(F) — 24 cases
State v. Johnson, 512 N.E.2d 652 (Ohio 1987). “In further support of this proposition, appellant invokes R.C. 2945.40, which provides in pertinent part: “(B) Upon completion of the hearing, if the court finds there is not clear and convincing evidence that the person is a mentally ill * * * person subject to hospitalization…”
State v. Tuomala, 104 Ohio St. 3d 93 (Ohio 2004). “On February 8, 2001, the trial court found him not guilty by reason of insanity and, after further evaluation by Forensic Psychiatric Center, committed him pursuant to R.C. 2945.40 to Heartland Behavioral Healthcare.”
State v. McNichols, 2020 Ohio 2705 (Ohio Ct. App. 2020). “2 The statute requires the court to “conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to institutionalization by court order.”
State v. Lowell, 2021 Ohio 3098 (Ohio Ct. App. 2021). “40(A) states in pertinent part: If a person is found not guilty by reason of insanity * * * the trial court shall conduct a full hearing to determine whether the person is a mentally ill person subject to court order or a person with an intellectual disability subject to…”
State v. Lanzy W. Reserve Psychiatric Hosp., 569 N.E.2d 468 (Ohio 1991).
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