State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-254

§122C‑254.  Housing responsibility for certain clients in or escapees frominvoluntary commitment.

(a)        Any individual whohas been involuntarily committed under the provisions of this Article to a 24‑hourfacility:

(1)        Who escapes from oris absent without authorization from the facility before being discharged; and

(2)        Who is charged witha criminal offense committed after the escape or during the unauthorizedabsence; and

(3)        Whose involuntarycommitment is determined to be still valid by the judge or judicial officer whowould make the pretrial release determination regarding the criminal offenseunder the provisions of G.S. 15A‑533 and G.S. 15A‑534; or

(4)        Who is charged withcommitting a crime while still residing in the facility and whose commitment isstill valid as prescribed by subdivision (3) of this section;

shall be denied pretrial releasepursuant to G.S. 15A‑533 and G.S. 15A‑ 534. In lieu of pretrialrelease, and pending the additional proceedings on the criminal offense, theindividual shall be returned to the 24‑hour facility in which he wasresiding at the time of the alleged crime or from which he escaped or absentedhimself for continuation of his commitment.

(b)        Absent findings oflack of mental responsibility for his criminal offense or lack of competency tostand trial for the criminal offense, the involuntary commitment of anindividual as described in subsection (a) of this section shall not be utilizedin lieu of nor shall it constitute a bar to proceeding to trial for thecriminal offense. At any time that the district court or the responsibleprofessional of the 24‑hour facility finds that the individual should beunconditionally discharged, committed for outpatient treatment, orconditionally released, the facility shall notify the clerk of superior courtin the county in which the criminal charge is pending before making the changein status. At this time, a pretrial release determination pursuant to theprovisions of G.S. 15A‑533 and G.S. 15A‑ 534 shall be made. In thisevent, arrangements for returning the individual for the pretrial releasedetermination shall be the responsibility of the clerk of superior court.

(c)        An individual whohas been processed in accordance with subsections (a) and (b) of this sectionmay not later be returned to a 24‑hour facility before trial exceptpursuant to involuntary commitment proceedings by the district court inaccordance with Parts 7 and 8 of this Article or after proceedings inaccordance with the provisions of G.S. 15A‑1002 or G.S. 15A‑1321.

(d)        Other involuntarilycommitted respondents who escape, but do not meet the additional criteriaspecified in subsection (a) of this section, are handled in accordance with theprovisions of G.S. 122C‑ 205. (1981, c. 936, s. 1; 1985, c.589, s. 2.)