The Supreme Court of Ohio has determined that trial judges have the discretion to approve, reject, or modify recommendations for transferring individuals found not guilty by reason of insanity from secured mental health facilities to nonsecured ones. This decision was made in a 4-3 ruling regarding Delmar Hickman, who was committed to a mental health facility after being charged with the murder of his parents in 1980.
The Eleventh District Court of Appeals upheld a trial court's decision denying Hickman's transfer from Heartland Behavioral Healthcare, a secured facility, to Richwood Residential Center, which is nonsecured but monitored. Despite psychiatrists recommending the transfer and Hickman having nonsecured movement privileges since 2004 and working outside Heartland since 1987, the Ashtabula County Prosecutor’s Office objected.
Justice Jennifer Brunner authored the majority opinion, noting that although the prosecutor’s office did not provide an independent mental health expert against Hickman's transfer, they called on a Heartland doctor whose testimony raised concerns about the move. Justice Brunner emphasized that judges hold significant discretion in such cases and can deny transfers if they believe it poses public safety risks.
The Supreme Court agreed with lower courts that their decision was reasonable. Chief Justice Sharon L. Kennedy and Justices R. Patrick DeWine and Joseph T. Deters concurred with Justice Brunner's opinion.
In dissent, Justice Michael P. Donnelly argued that the law requires prosecutors to present clear evidence showing public safety threats before rejecting such recommendations. He contended that without this evidence, as was the case here where only supporting testimony for Hickman's transfer was provided, trial courts should not disapprove recommendations based on public safety concerns alone.
Justices Patrick F. Fischer and Melody Stewart joined Justice Donnelly's dissenting opinion.
This ruling highlights judicial discretion in handling requests for transferring individuals under mental health commitments between different security-level facilities.