Does New Statute Deny An Individual Any Rights or Remedies Associated With Verdict of Not Guilty by Reason of Insanity ?
In State v. Hawkins (1999), 87 Ohio St.3d 311, 1999 Ohio 70, 720 N.E.2d 521, the newly enacted statute divested the trial court of jurisdiction over a defendant found not guilty by reason of insanity once the maximum prison term the defendant could have received expired.
The state argued that the statute was retrospective in its operation when applied to defendants that were found not guilty by reason of insanity prior to the effective date of the statute.
The Supreme Court disagreed, holding that the application of the newly enacted statute "affected nothing past, neither right nor remedy." Id. at 314.
In other words, the statute did not deprive the defendant of any rights or remedies associated with the not guilty by reason of insanity finding or his commitment.