(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.
Added by 129th General AssemblyFile No.29, HB 86, ยง1, eff. 9/30/2011.
Section: Previous 2152.26 2152.41 2152.42 2152.43 2152.44 2152.51 2152.52 2152.53 2152.54 2152.55 2152.56 2152.57 2152.58 2152.59 2152.61 NextLast modified: October 10, 2016