Public defenders tell Senate panel extending competency-restoration timeline to five years risks due-process and capacity problems

Nov 12, 2025

Opponents including the Ohio Public Defender and Cuyahoga County Public Defender's Office warned the Senate Judiciary Committee that raising the statutory maximum for competency-restoration treatment from one year to five years (and applying it retroactively) could produce constitutional challenges, prolonged involuntary confinement and strain state forensic hospital capacity.

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Opponents of Senate Bill 295 told the Senate Judiciary Committee the bill's proposed increase of the competency-restoration timeline from one year to five years for elevated felonies risks due-process problems, retroactivity issues and significant strain on state mental-health facilities.

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