Ohio Rev. Code » Chapter 2967
Ohio Revised Code

Ohio Rev. Code § 2967.22 (2026)

Involuntary commitment of mentally ill person or person with intellectual disability subject to institutionalization by court order

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Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
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Whenever it is brought to the attention of the adult parole authority or a department of probation that a parolee, person under a community control sanction, person under transitional control, or releasee appears to be a person with a mental illness subject to court order, as defined in section 5122.01 of the Revised Code, or a person with an intellectual disability subject to institutionalization by court order, as defined in section 5123.01 of the Revised Code, the parole or probation officer, subject to the approval of the chief of the adult parole authority, the designee of the chief of the adult parole authority, or the chief probation officer, may file an affidavit under section 5122.11 or 5123.71 of the Revised Code. A parolee, person under a community control sanction, or releasee who is involuntarily detained under Chapter 5122. or 5123. of the Revised Code shall receive credit against the period of parole or community control or the term of post-release control for the period of involuntary detention.

If a parolee, person under a community control sanction, person under transitional control, or releasee escapes from an institution or facility within the department of mental health and addiction services or the department of developmental disabilities, the superintendent of the institution immediately shall notify the chief of the adult parole authority or the chief probation officer. Notwithstanding the provisions of section 5122.26 of the Revised Code, the procedure for the apprehension, detention, and return of the parolee, person under a community control sanction, person under transitional control, or releasee is the same as that provided for the apprehension, detention, and return of persons who escape from institutions operated by the department of rehabilitation and correction. If the escaped parolee, person under transitional control, or releasee is not apprehended and returned to the custody of the department of mental health and addiction services or the department of developmental disabilities within ninety days after the escape, the parolee, person under transitional control, or releasee shall be discharged from the custody of the department of mental health and addiction services or the department of developmental disabilities and returned to the custody of the department of rehabilitation and correction. If the escaped person under a community control sanction is not apprehended and returned to the custody of the department of mental health and addiction services or the department of developmental disabilities within ninety days after the escape, the person under a community control sanction shall be discharged from the custody of the department of mental health and addiction services or the department of developmental disabilities and returned to the custody of the court that sentenced that person.

Last updated October 21, 2025 at 3:55 PM

Notes of Decisions
Cited in 4 cases, 1974–2017 · leading case: Davis v. Balson, 461 F. Supp. 842 (N.D. Ohio 1978).
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Davis v. Balson, 461 F. Supp. 842 (N.D. Ohio 1978). · cites it 3× “Ohio Revised Code § 2967.22. Indefinite Committees 4) Persons who, after commitment for observation pursuant to Ohio Revised Code § 2947.”
Davis v. Watkins, 384 F. Supp. 1196 (N.D. Ohio 1974). “Persons Committed While on Parole or After Criminal Conviction; Persons Retained Beyond Maximum Criminal Sentence, 1) Each person, who on the date of this Order is a patient at Lima State Hospital, having been committed pursuant to §§ 2967.22, 5125.04, or 5125.08 and 5125.”
State v. Ware, 542 N.E.2d 1115 (Ohio Ct. App. 1st Dist. 1988). “R.C. 2967.22 provides for the temporary detention and determination of status of parolees, furloughees and probationers if the parole or probation officer has reason to believe the individual is mentally ill or retarded.”
State v. Christon, 2017-Ohio-9235. “371(A), (G)(3), (G)(4); R.C. 2967.22. {¶ 19} Between December 10, 2015, and March 22, 2016, appellant requested eight time extensions to receive and review Dr.”
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