Ohio — Statute

Testimony in Mitigation - Presentence Investigation Report - Psychologist's or Psychiatrist's Reports | Ohio Title 29 - Crimes and Procedure | Ohio Law

Ohio law permits courts to hear mitigation testimony and use psychologist or psychiatrist reports during sentencing, with rules on confidentiality and report sh

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Testimony in Mitigation - Presentence Investigation Report - Psychologist's or Psychiatrist's Reports

Ohio — Ohio Title 29 - Crimes and Procedure

Summary

Ohio law allows courts to hear mitigation testimony and obtain psychological or psychiatric reports before sentencing. The law outlines procedures for preparing, using, and maintaining confidentiality of presentence investigation reports. It also specifies how mental health professionals' reports are to be made and shared with defendants.

Frequently Asked Questions

Can the court hear mitigation testimony before sentencing in Ohio?

Yes, the court may hear mitigation testimony at the conviction or plea hearing or at the next court term.

Who can prepare psychological or psychiatric reports for the court?

The court may appoint up to two psychologists or psychiatrists to prepare reports concerning the defendant.

Are defendants allowed to see the reports made by psychologists or psychiatrists?

Yes, if the defendant is present, they may examine the reports and question the professionals under oath.

Are presentence investigation reports confidential in Ohio?

Yes, they are governed by section 2951.03 of the Ohio Revised Code, which addresses their confidentiality, use, and sealing.

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In simple terms: Ohio law permits courts to hear mitigation testimony and use psychologist or psychiatrist reports during sentencing, with rules on confidentiality and report sh. This means people must follow this rule, and breaking it can lead to criminal penalties.

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