Section 2152.53 | Time periods for determination; hearing.
(A) Within fifteen business days after a motion is made under section 2152.52 of the Revised Code, the court shall do one of the following:
(1) Make a determination of incompetency under division (B) of section 2152.52 of the Revised Code;
(2) Determine, without holding a hearing, whether there is a reasonable basis to conduct a competency evaluation;
(3) Hold a hearing to determine whether there is a reasonable basis to conduct a competency evaluation.
(B) If the court holds a hearing, it shall make its determination within ten business days after the conclusion of the hearing. If the court determines that there is a reasonable basis for a competency evaluation or if the prosecuting attorney and the child's attorney agree to an evaluation, the court shall order a competency evaluation and appoint an evaluator.
Available Versions of this Section
- September 30, 2011 – House Bill 86, 129th General Assembly [ View September 30, 2011 Version ]