Public defenders in Ohio are strongly opposing Senate Bill 295, which would extend the time courts have to restore mental competency in murder cases. They argue it's unnecessary and could worsen delays in mental health treatment and infringe on defendants' rights, while proponents say the bill is needed to ensure justice.
Published: Nov. 12, 2025, 3:00 p.m. Public defenders are strongly opposing Ohio Senate Bill 295 , arguing it is unnecessary and could exacerbate delays in mental health treatment for defendants in serious criminal cases. The proposed legislation, which would grant courts significantly more time to restore the mental competency of murder defendants, is advancing through the Ohio Senate despite staunch opposition from public defenders .
They contend that the bill is based on a flawed premise and could place undue strain on the state’s already burdened mental health system. Senate Bill 295, spearheaded by Senators Nathan Manning and Tom Patton, was favorably reported out of the Senate Judiciary Committee following three hearings. The bill now proceeds to the Senate Rules and Reference Committee, which will determine whether to advance it to the full Senate for a vote. The impetus for the bill stems from the case of De’Lawnte Hardy, a man diagnosed with schizophrenia accused of killing his grandmother and Cleveland police officer Jamieson Ritter last year. Hardy, who has pleaded not guilty, was deemed incompetent to stand trial and refused court-ordered medication for months, thus complicating efforts to restore his competency within the current one-year legal timeframe. If enacted, SB 295 would expand this period to five years for aggravated murder and murder cases. Additionally, the bill proposes to pause the timeline during medication refusals and mandate state hospitals to notify courts within 14 days of such refusals. Cuyahoga County Public Defender Cullen Sweeney articulated his concerns to the Judiciary Committee, stating that the current system does not require alteration. He emphasized the absence of any loopholes, asserting that defendants restored after the initial one-year window can still be prosecuted. Sweeney also highlighted that courts already retain jurisdiction over defendants like Hardy and that the legal threshold for holding them is significantly lower than that required for a conviction. Ohio Public Defender Elizabeth Miller echoed these concerns, stating that her office “strongly opposes” the bill. She underscored that the judicial system functioned appropriately in Hardy’s case, where a judge ruled that his refusal to take medication did not impact the one-year timeframe. Miller characterized SB 295 as an excessive measure, advocating for a more precise approach. She also cited data from the Ohio Department of Behavioral Health, which reveals that state hospitals are operating at over 96% capacity, with approximately 90% of beds dedicated to forensic patients. Miller argued that the bill could worsen existing strains on the system. Zachary Miller, a legislative officer with the state public defender’s office, cautioned lawmakers that extending the restoration window could potentially infringe upon defendants’ due process rights. He emphasized that a five-year period of involuntary confinement before conviction of a crime is unduly lengthy. Furthermore, Chris Julian, an assistant Cuyahoga County public defender specializing in felony mental health cases, challenged the narrative that Hardy is intentionally delaying the proceedings. Julian explained that medication refusals often stem from delusions, mistrust, or a lack of understanding regarding their illness. She also warned that the average wait time for defendants to be transferred from the Cuyahoga County jail to a competency restoration facility is already between 45 and 60 days. This could worsen delays as a result of the proposed legislation. Last week, Cuyahoga County Prosecutor Michael O’Malley voiced support for the bill before the Judiciary Committee, claiming that the existing law is unfair to victims. His position was supported by Ohio Attorney General Dave Yost, who, in a letter to lawmakers, stated that the bill would prevent defendants from “abusing the system.” O’Malley’s testimony was followed by an emotional plea from Ritter’s parents, who expressed their fear that the opportunity to seek justice for their son is diminishing. Jonathan Ritter implored the committee to act swiftly and decisively. David Gambino is a court reporter for The Plain Dealer and cleveland.com. He joined the news outlet in 2025 after covering crime and justice for The Decatur Daily in Alabama. An Air Force veteran, he holds a..
Ohio Senate Bill 295 Mental Competency Public Defenders Criminal Justice Mental Health
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