What happens if someone is incompetent to stand trial?
If the court decides that a person is incompetent to stand trial, the court also decides if treatment will help that person be restored to competence. If the judge decides that treatment will most likely restore someone to competence, the judge will order that the person receive restoration treatment. This treatment may occur in a hospital operated by the Ohio Department of Mental Health (ODMH), at an outpatient mental health facility or in another setting. The law limits the amount of time this treatment continues based upon the severity of the offense with which a person is charged. Up to one year of treatment is allowed for the most serious offenses. When a person is restored to competence, he or she returns to court to face the charges.
