State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-269

§ 122C‑269.  Venue ofhearing when respondent held at a 24‑hour facility pending hearing.

(a)        In all cases wherethe respondent is held at a 24‑hour facility pending hearing as providedin G.S. 122C‑268, G.S. 122C‑268.1, 122C‑276.1, or 122C‑277(b1),unless the respondent through counsel objects to the venue, the hearing shallbe held in the county in which the facility is located. Upon objection tovenue, the hearing shall be held in the county where the petition wasinitiated, except as otherwise provided in subsection (c) of this section.

(b)        An official of thefacility shall immediately notify the clerk of superior court of the county inwhich the facility is located of a determination to hold the respondent pendinghearing. That clerk shall request transmittal of all documents pertinent to theproceedings from the clerk of superior court where the proceedings wereinitiated. The requesting clerk shall assume all duties set forth in G.S. 122C‑264.The counsel provided for in G.S. 122C‑268(d) shall be appointed inaccordance with rules adopted by the Office of Indigent Defense Services.

(c)        Upon motion of anyinterested person, the venue of an initial hearing described in G.S. 122C‑268(c)or G.S. 122C‑268.1 or a rehearing required by G.S. 122C‑276(b),G.S. 122C‑276.1, or subsections (b) or (b1) of G.S. 122C‑277 shallbe moved to the county in which the respondent was found not guilty by reasonof insanity or incapable of proceeding when the convenience of witnesses andthe ends of justice would be promoted by the change. (1975, 2nd Sess., c. 983, s.133; 1981, c. 537, s. 6; 1983, c. 380, s. 7; 1985, c. 589, s. 2; 1991, c. 37,ss. 11, 12; 1995, c. 140, s. 2; 2000‑144, s. 41; 2001‑487, s. 29.)