State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-268

§122C‑268.  Inpatient commitment; district court hearing.

(a)        A hearing shall beheld in district court within 10 days of the day the respondent is taken intolaw enforcement custody pursuant to G.S. 122C‑261(e) or G.S. 122C‑262.A continuance of not more than five days may be granted upon motion of:

(1)        The court;

(2)        Respondent'scounsel; or

(3)        The State,sufficiently in advance to avoid movement of the respondent.

(b)        The attorney, whois a member of the staff of the Attorney General assigned to one of the State'sfacilities for the mentally ill or the psychiatric service of the University ofNorth Carolina Hospitals at Chapel Hill, shall represent the State's interestat commitment hearings, rehearings, and supplemental hearings held forrespondents admitted pursuant to this Part or G.S. 15A‑1321 at thefacility to which he is assigned.

In addition, the AttorneyGeneral may, in his discretion, designate an attorney who is a member of hisstaff to represent the State's interest at any commitment hearing, rehearing,or supplemental hearing held in a place other than at one of the State'sfacilities for the mentally ill or the psychiatric service of the University ofNorth Carolina Hospitals at Chapel Hill.

(c)        If the respondent'scustody order indicates that he was charged with a violent crime, including acrime involving an assault with a deadly weapon, and that he was foundincapable of proceeding, the clerk shall give notice of the time and place ofthe hearing as provided in G.S. 122C‑264(d). The district attorney in thecounty in which the respondent was found incapable of proceeding may representthe State's interest at the hearing.

(d)        The respondentshall be represented by counsel of his choice; or if he is indigent within themeaning of G.S. 7A‑450 or refuses to retain counsel if financially ableto do so, he shall be represented by counsel appointed in accordance with rulesadopted by the Office of Indigent Defense Services.

(e)        With the consent ofthe court, counsel may in writing waive the presence of the respondent.

(f)         Certified copiesof reports and findings of physicians and psychologists and previous andcurrent medical records are admissible in evidence, but the respondent's rightto confront and cross‑examine witnesses may not be denied.

(g)        Hearings may beheld in an appropriate room not used for treatment of clients at the facilityin which the respondent is being treated if it is located within the judge'sdistrict court district as defined in G.S. 7A‑133 or in the judge'schambers. A hearing may not be held in a regular courtroom, over objection ofthe respondent, if in the discretion of a judge a more suitable place isavailable.

(h)        The hearing shallbe closed to the public unless the respondent requests otherwise.

(i)         A copy of all documentsadmitted into evidence and a transcript of the proceedings shall be furnishedto the respondent on request by the clerk upon the direction of a districtcourt judge. If the respondent is indigent, the copies shall be provided atState expense.

(j)         To support aninpatient commitment order, the court shall find by clear, cogent, andconvincing evidence that the respondent is mentally ill and dangerous to self,as defined in G.S. 122C‑3(11)a., or dangerous to others, as defined inG.S. 122C‑3(11)b. The court shall record the facts that support itsfindings. (1985, c. 589, s. 2; c. 695, s. 8; 1985 (Reg. Sess.,1986), c. 1014, s. 195(b); 1987 (Reg. Sess., 1988), c. 1037, s. 114; 1989, c.141, s. 11; 1989 (Reg. Sess., 1990), c. 823, s. 7; 1991, c. 37, s. 10; c. 257,s. 2; 1995 (Reg. Sess., 1996), c. 739, s. 11(a), (b); 2000‑144, s. 39.)