State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-251

Part 6. Involuntary Commitment – General Provisions.

§ 122C‑251. Transportation.

(a)        Except as providedin subsections (f) and (g), transportation of a respondent within a countyunder the involuntary commitment proceedings of this Article, including admissionand discharge, shall be provided by the city or county. The city has the dutyto provide transportation of a respondent who is a resident of the city or whois taken into custody in the city limits. The county has the duty to providetransportation for a respondent who resides in the county outside city limitsor who is taken into custody outside of city limits. However, cities andcounties may contract with each other to provide transportation.

(b)        Except as providedin subsections (f) and (g) or in G.S. 122C‑408(b), transportation betweencounties under the involuntary commitment proceedings of this Article foradmission to a 24‑hour facility shall be provided by the county where therespondent is taken into custody. Transportation between counties under theinvoluntary commitment proceedings of this Article for respondents held in 24‑hourfacilities who have requested a change of venue for the district court hearingshall be provided by the county where the petition for involuntary commitmentwas initiated. Transportation between counties under the involuntary commitmentproceedings of this Article for discharge of a respondent from a 24‑hourfacility shall be provided by the county of residence of the respondent.However, a respondent being discharged from a facility may use his owntransportation at his own expense.

(c)        Transportation of arespondent may be by city‑ or county‑owned vehicles or by privatevehicle by contract with the city or county. To the extent feasible, lawenforcement officers transporting respondents shall dress in plain clothes andshall travel in unmarked vehicles. Further, law enforcement officers, to theextent possible, shall advise respondents when taking them into custody thatthey are not under arrest and have not committed a crime, but are beingtransported to receive treatment and for their own safety and that of others.

(d)        In providingtransportation of a respondent, a city or county shall provide a driver orattendant who is the same sex as the respondent, unless the law‑enforcementofficer allows a family member of the respondent to accompany the respondent inlieu of an attendant of the same sex as the respondent.

(e)        In providingtransportation required by this section, the law‑enforcement officer mayuse reasonable force to restrain the respondent if it appears necessary toprotect himself, the respondent, or others. No law‑enforcement officermay be held criminally or civilly liable for assault, false imprisonment, orother torts or crimes on account of reasonable measures taken under theauthority of this Article.

(f)         Notwithstandingthe provisions of subsections (a), (b), and (c) of this section, a clerk, amagistrate, or a district court judge, where applicable, may authorize thefamily or immediate friends of the respondent, if they so request, to transportthe respondent in accordance with the procedures of this Article. Thisauthorization shall only be granted in cases where the danger to the public,the family or friends of the respondent, or the respondent himself is notsubstantial. The family or immediate friends of the respondent shall bear thecosts of providing this transportation.

(g)        The governing bodyof a city or county may adopt a plan for transportation of respondents ininvoluntary commitment proceedings in this Article. Law‑enforcementpersonnel, volunteers, or other public or private agency personnel may bedesignated to provide all or parts of the transportation required byinvoluntary commitment proceedings. Persons so designated shall be trained andthe plan shall assure adequate safety and protections for both the public andthe respondent. Law enforcement, other affected agencies, and the areaauthority shall participate in the planning. If any person other than a law‑enforcementagency is designated by a city or county, the person so designated shallprovide the transportation and follow the procedures in this Article.References in this Article to a law‑enforcement officer apply to thisperson.

(h)        The cost andexpenses of transporting a respondent to or from a 24‑hour facility isthe responsibility of the county of residence of the respondent. The State(when providing transportation under G.S. 122C‑408(b)), a city, or acounty is entitled to recover the reasonable cost of transportation from thecounty of residence of the respondent. The county of residence of therespondent shall reimburse the State, another county, or a city the reasonabletransportation costs incurred as authorized by this subsection. The county ofresidence of the respondent is entitled to recover the reasonable cost oftransportation it has paid to the State, a city, or a county. Provided that thecounty of residence provides the respondent or other individual liable for therespondent's support a reasonable notice and opportunity to object to thereimbursement, the county of residence of the respondent may recover that costfrom:

(1)        The respondent, ifthe respondent is not indigent;

(2)        Any person or entitythat is legally liable for the resident's support and maintenance providedthere is sufficient property to pay the cost;

(3)        Any person or entitythat is contractually responsible for the cost; or

(4)        Any person or entitythat otherwise is liable under federal, State, or local law for the cost. (1899,c. 1, s. 32; Rev., s. 4555; 1919, c. 326, s. 4; C.S., ss. 6201, 6202; 1945, c.952, ss. 29, 30; 1953, c. 256, s. 6; 1961, c. 186; 1963, c. 1184, s. 1; 1969,c. 982; 1973, c. 1408, s. 1; 1979, c. 915, ss. 21, 22; 1983, c. 138, ss. 1, 2;1985, c. 589, s. 2; 1987, c. 268; 1995 (Reg. Sess., 1996), c. 739, s. 4; 1999‑201,s. 1; 1999‑456, s. 36.)