State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-264

§122C‑264.  Duties of clerk of superior court and the district attorney.

(a)        Upon receipt of aphysician's or eligible psychologist's finding that the respondent meets thecriteria of G.S. 122C‑263(d)(1) and that outpatient commitment isrecommended, the clerk of superior court of the county where the petition wasinitiated, upon direction of a district court judge, shall calendar the matterfor hearing and shall notify the respondent, the proposed outpatient treatmentphysician or center, and the petitioner of the time and place of the hearing.The petitioner may file a written waiver of his right to notice under thissubsection with the clerk of court.

(b)        Upon receipt of aphysician's or eligible psychologist's finding that a respondent meets thecriteria of G.S. 122C‑263(d)(2) and that inpatient commitment isrecommended, the clerk of superior court of the county where the 24‑hourfacility is located shall, after determination required by G.S. 122C‑261(c)and upon direction of a district court judge, assign counsel if necessary,calendar the matter for hearing, and notify the respondent, his counsel, andthe petitioner of the time and place of the hearing. The petitioner may file awritten waiver of his right to notice under this subsection with the clerk ofcourt.

(b1)      Upon receipt of aphysician's or eligible psychologist's certificate that a respondent meets thecriteria of G.S. 122C‑261(a) and that immediate hospitalization is neededpursuant to G.S. 122C‑262, the clerk of superior court of the county wherethe treatment facility is located shall submit the certificate to the ChiefDistrict Court Judge. The court shall review the certificate within 24 hours,excluding Saturday, Sunday, and holidays, for a finding of reasonable groundsin accordance with 122C‑261(b). The clerk shall notify the treatmentfacility of the court's findings by telephone and shall proceed as set forth insubsections (b), (c), and (f) of this section.

(c)        Notice to therespondent, required by subsections (a) and (b) of this section, shall be givenas provided in G.S. 1A‑1, Rule 4(j) at least 72 hours before the hearing.Notice to other individuals shall be sent at least 72 hours before the hearingby first‑class mail postage prepaid to the individual's last knownaddress. G.S. 1A‑1, Rule 6 shall not apply.

(d)        In cases describedin G.S. 122C‑266(b) in addition to notice required in subsections (a) and(b) of this section, the clerk of superior court shall notify the chiefdistrict judge and the district attorney in the county in which the defendantwas found incapable of proceeding. The notice shall be given in the same way asthe notice required by subsection (c) of this section. The judge or thedistrict attorney may file a written waiver of his right to notice under thissubsection with the clerk of court.

(d1)      For hearings andrehearings pursuant to G.S. 122C‑268.1 and G.S. 122C‑276.1, theclerk of superior court shall calendar the hearing or rehearing and shallnotify the respondent, his counsel, counsel for the State, and the districtattorney involved in the original trial. The notice shall be given in the samemanner as the notice required by subsection (c) of this section.  Upon receiptof the notice, the district attorney shall notify any persons he deemsappropriate, including anyone who has filed with his office a written requestfor notification of any hearing or rehearing concerning discharge orconditional release of a respondent. Notice sent by the district attorney shallbe by first‑class mail to the person's last known address.

(e)        The clerk ofsuperior court of the county where outpatient commitment is to be supervisedshall keep a separate list regarding outpatient commitment and shall preparequarterly reports listing all active cases, the assigned supervisor, and thedisposition of all hearings, supplemental hearings, and rehearings.

(f)         The clerk ofsuperior court of the county where inpatient commitment hearings and rehearingsare held shall provide all notices, send all records and maintain a record ofall proceedings as required by this Part; provided that if the respondent hasbeen committed to a 24‑hour facility in a county other than his county ofresidence and the district court hearing is held in the county of the facility,the clerk of superior court in the county of the facility shall forward therecord of the proceedings to the clerk of superior court in the county ofrespondent's residence, where they shall be maintained by receiving clerk. (1973,c. 1408, s. 1; 1977, c. 400, s. 5; c. 414, s. 1; 1979, c. 915, s. 5; 1983, c.380, s. 9; c. 638, ss. 8, 16; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 7;1985 (Reg. Sess., 1986), c. 863, s. 19; 1987, c. 596, s. 2; 1991, c. 37, s. 4;1995 (Reg. Sess., 1996), c. 739, s. 9.)