State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-268_1

§122C‑268.1.  Inpatient commitment; hearing following automaticcommitment.

(a)        A respondent who iscommitted pursuant to G.S. 15A‑1321 shall be provided a hearing, unlesswaived, before the expiration of 50 days from the date of his commitment.

(b)        The districtattorney in the county in which the respondent was found not guilty by reasonof insanity may represent the State's interest at the hearing, rehearings, andsupplemental rehearings. Notwithstanding the provisions of G.S. 122C‑269,if the district attorney elects to represent the State's interest, upon motionof the district attorney, the venue for the hearing, rehearings, andsupplemental rehearings shall be the county in which the respondent was foundnot guilty by reason of insanity. If the district attorney declines torepresent the State's interest, then the representation shall be determined asfollows. An attorney, who is a member of the staff of the Attorney Generalassigned to one of the State's facilities for the mentally ill or the psychiatricservice of the University of North Carolina Hospitals at Chapel Hill, mayrepresent the State's interest at commitment hearings, rehearings, andsupplemental hearings. Alternatively, the Attorney General may, in hisdiscretion, designate an attorney who is a member of his staff to represent theState's interest at any commitment hearing, rehearing, or supplemental hearing.

(c)        The clerk shallgive notice of the time and place of the hearing as provided in G.S. 122C‑264(d1).

(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)        The hearing shalltake place in the trial division in which the original trial was held. Thehearing shall be open to the public. For purposes of this subsection, "trialdivision" means either the superior court division or the district courtdivision of the General Court of Justice.

(h)        A copy of alldocuments admitted into evidence and a transcript of the proceedings shall befurnished to the respondent on request by the clerk upon the direction of thepresiding judge. If the respondent is indigent, the copies shall be provided atState expense.

(i)         The respondentshall bear the burden to prove by a preponderance of the evidence that he (i)no longer has a mental illness as defined in G.S. 122C‑3(21), or (ii) isno longer dangerous to others as defined in G.S. 122C‑3(11)b. If thecourt is so satisfied, then the court shall order the respondent discharged andreleased. If the court finds that the respondent has not met his burden ofproof, then the court shall order that inpatient commitment continue at a 24‑hourfacility designated pursuant to G.S. 122C‑252 for a period not to exceed90 days. The court shall make a written record of the facts that support itsfindings.

(j)         Nothing in thissection shall limit the respondent's right to habeas corpus relief. (1991,c. 37, s. 2; 1991 (Reg. Sess., 1992), c. 1034, ss. 2, 3; 1995, c. 140, s. 1;2000‑144, s. 40.)