State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-271

§122C‑271.  Disposition.

(a)        If an examiningphysician or eligible psychologist has recommended outpatient commitment andthe respondent has been released pending the district court hearing, the courtmay make one of the following dispositions:

(1)        If the court findsby clear, cogent, and convincing evidence that the respondent is mentally ill;that he is capable of surviving safely in the community with availablesupervision from family, friends, or others; that based on respondent'streatment history, the respondent is in need of treatment in order to preventfurther disability or deterioration that would predictably result indangerousness as defined in G.S. 122C‑3(11); and that the respondent'scurrent mental status or the nature of his illness limits or negates hisability to make an informed decision to seek voluntarily or comply withrecommended treatment, it may order outpatient commitment for a period not inexcess of 90 days.

(2)        If the court doesnot find that the respondent meets the criteria of commitment set out insubdivision (1) of this subsection, the respondent shall be discharged and thefacility at which he was last a client so notified.

(b)        If the respondenthas been held in a 24‑hour facility pending the district court hearingpursuant to G.S. 122C‑268, the court may make one of the followingdispositions:

(1)        If the court findsby clear, cogent, and convincing evidence that the respondent is mentally ill;that the respondent is capable of surviving safely in the community withavailable supervision from family, friends, or others; that based onrespondent's psychiatric history, the respondent is in need of treatment inorder to prevent further disability or deterioration that would predictablyresult in dangerousness as defined by G.S. 122C‑3(11); and that therespondent's current mental status or the nature of the respondent's illnesslimits or negates the respondent's ability to make an informed decisionvoluntarily to seek or comply with recommended treatment, it may orderoutpatient commitment for a period not in excess of 90 days. If the commitmentproceedings were initiated as the result of the respondent's being charged witha violent crime, including a crime involving an assault with a deadly weapon,and the respondent was found incapable of proceeding, the commitment ordershall so show.

(2)        If the court findsby clear, cogent, and convincing evidence that the respondent is mentally illand is dangerous to self, as defined in G.S. 122C‑3(11)a., or others, asdefined in G.S. 122C‑3(11)b., it may order inpatient commitment at a 24‑hourfacility described in G.S. 122C‑252 for a period not in excess of 90days. However, no respondent found to be both mentally retarded and mentallyill may be committed to a State, area or private facility for the mentallyretarded. An individual who is mentally ill and dangerous to self, as definedin G.S. 122C‑3(11)a., or others, as defined in G.S. 122C‑3(11)b.,may also be committed to a combination of inpatient and outpatient commitmentat both a 24‑hour facility and an outpatient treatment physician orcenter for a period not in excess of 90 days. If the commitment proceedingswere initiated as the result of the respondent's being charged with a violentcrime, including a crime involving an assault with a deadly weapon, and therespondent was found incapable of proceeding, the commitment order shall soshow. If the court orders inpatient commitment for a respondent who is under anoutpatient commitment order, the outpatient commitment is terminated; and theclerk of the superior court of the county where the district court hearing isheld shall send a notice of the inpatient commitment to the clerk of superiorcourt where the outpatient commitment was being supervised.

(3)        If the court doesnot find that the respondent meets either of the commitment criteria set out insubdivisions (1) and (2) of this subsection, the respondent shall bedischarged, and the facility in which the respondent was last a client sonotified.

(4)        Before ordering anyoutpatient commitment, the court shall make findings of fact as to theavailability of outpatient treatment. The court shall also show on the orderthe outpatient treatment physician or center who is to be responsible for themanagement and supervision of the respondent's outpatient commitment. When anoutpatient commitment order is issued for a respondent held in a 24‑hourfacility, the court may order the respondent held at the facility for no morethan 72 hours in order for the facility to notify the designated outpatienttreatment physician or center of the treatment needs of the respondent. Theclerk of court in the county where the facility is located shall send a copy ofthe outpatient commitment order to the designated outpatient treatmentphysician or center. If the outpatient commitment will be supervised in acounty other than the county where the commitment originated, the court shallorder venue for further court proceedings to be transferred to the county wherethe outpatient commitment will be supervised. Upon an order changing venue, theclerk of superior court in the county where the commitment originated shalltransfer the file to the clerk of superior court in the county where theoutpatient commitment is to be supervised.

(c)        If the respondentwas found not guilty by reason of insanity and has been held in a 24‑hourfacility pending the court hearing held pursuant to G.S. 122C‑268.1, thecourt may make one of the following dispositions:

(1)        If the court findsthat the respondent has not proved by a preponderance of the evidence that heno longer has a mental illness or that he is no longer dangerous to others, itshall order inpatient treatment at a 24‑hour facility for a period not toexceed 90 days.

(2)        If the court findsthat the respondent has proven by a preponderance of the evidence that he nolonger has a mental illness or that he is no longer dangerous to others, thecourt shall order the respondent discharged and released. (1973,c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s. 8; c. 739, s. 2; 1979, c. 358, s.26; c. 915, ss. 8, 15, 16; 1981, c. 537, s. 1; 1983, c. 380, s. 8; c. 638, s.14; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 2; 1985 (Reg. Sess., 1986), c.863, ss. 20‑22; 1989, c. 225, s. 1; c. 770, s. 73; 1989 (Reg. Sess.,1990), c. 823, s. 8; 1991, c. 37, s. 13; 1991 (Reg. Sess., 1992), c. 1034, s.5; 1995 (Reg. Sess., 1996), c. 739, s. 13.)