The Hopper Act: An Added Protection for Officer Safety
By: Sherri Bevan Walsh
In January 2011, Clark County Sheriff’s Deputy Suzanne Hopper was shot and killed responding to a call at a trailer park. The shooting suspect had a history of mental illness and had been declared criminally insane in 2002. Deputy Hopper would have radioed for back-up had she known that the suspect was unstable, but she had no way of obtaining this information. Her death did not go unnoticed. It spurred new legislation that requires a defendant’s history of mental illness to be disclosed in the National Crime Information Center (NCIC).
The new legislation, known as the “Deputy Suzanne Hopper Act” (or “Hopper Act” for short), became effective on September 4, 2013. The act amended O.R.C. 2945.402 and added O.R.C. 2929.44 to require courts to report information concerning a criminal’s mental illness. There are three items that must be reported to the original law enforcement agency involved.
First, mental health evaluations or treatment orders for a person convicted of a violent offense must be disclosed. If a person pleads guilty or is convicted of an offense of violence, the court may order that a mental evaluation be conducted. The evaluation results and any corresponding treatment must be reported to NCIC Supervised Release File through LEADS. The information reported and entered must include: (1) the name of the court providing the information, (2) the offense or offenses of violence to which the offender pleaded guilty or of which the offender was convicted, and (3) any other information required for the entry of information into the NCIC Supervised Release File.
Second, the conditional release of a person found incompetent to stand trial must be reported. If a court approves a conditional release for a person found incompetent to stand trial, the court must report to the local law enforcement agency all information pertaining to the release. This information must be entered into the NCIC Supervised Release File through LEADS. The information entered must include: (1) the name of the court providing the information, (2) the offense or offenses with which the person was charged, (3) whether the person was found Not Guilty by Reason of Insanity or Incompetent to Stand Trial with no substantial probability of becoming competent even with a course of treatment, (4) the reason for the conditional release, and (5) any other information required for the entry of information into the NCIC Supervised Release File.
Third, a finding of not guilty by reason of insanity must be disclosed. Similar to the second reporting requirement, if a court approves a conditional release for a person found Not Guilty by Reason of Insanity who has been committed, the court must report all information stated above pertaining to the release.
If the defendant has contact with law enforcement after the information has been entered into NCIC, law enforcement shall report the contact to the Department of Mental Health and any agency, person or office providing medical treatment. The mental health information added to the databases should remain on file until termination of the conditional release or commitment.
Beginning Jan. 1, 2014, courts are to use Form 95: NCIC Mental Health Notice to report this information. The original law enforcement agency is then responsible for entering the mental health information into NCIC so that local officers can access it when needed. Law enforcement must access NCIC information through LEADS.
The Hopper Act’s goal is to provide law enforcement with potentially life-saving information. By providing law enforcement with a violent offender’s mental health issues, responding officers can take appropriate precautions to ensure everyone’s safety.
This article is not to be considered legal advice. Please consult your police legal advisor regarding any legal issue.
Sherri Bevan Walsh
Summit County Prosecuting Attorney
Last Updated (Saturday, 07 June 2014 13:47)