State v. Hawkins

In this case, the dispositive issue is whether R.C. 2945.401(J)(1)(b) operates retrospectively when applied to a post-July 1, 1997 recommitment hearing involving a person who was found not guilty by reason of insanity prior to July 1,1997.

Prior to the enactment of R.C. 2945.401, there was no temporal limitation on the continued commitment of a person found not guilty by reason of insanity. A defendant who was found not guilty by reason of insanity and committed to a psychiatric hospital remained indefinitely subject to the jurisdiction of the trial court to order continued periodic…