State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-275

§122C‑275.  Outpatient commitment; rehearings.

(a)        Fifteen days beforethe end of the initial or subsequent periods of outpatient commitment if theoutpatient treatment physician or center determines that the respondentcontinues to meet the criteria specified in G.S. 122C‑263(d)(1), he shallso notify the clerk of superior court of the county where the outpatientcommitment is supervised. If the respondent no longer meets the criteria, thephysician shall so notify the clerk who shall dismiss the case; provided,however, if the respondent was initially committed as a result of conductresulting in his being charged with a violent crime, including a crimeinvolving an assault with a deadly weapon, and the respondent was foundincapable of proceeding, the physician or center shall notify the clerk thatdischarge is recommended. The clerk, at least 10 days before the end of thecommitment period, on order of the district court, shall calendar therehearing.

(b)        Notice andprocedures of rehearings are governed by the same procedures as initialhearings, and the respondent has the same rights he had at the initial hearingincluding the right to appeal.

(c)        If the court findsthat the respondent no longer meets the criteria of G.S. 122C‑263(d)(1),it shall unconditionally discharge him. A copy of the discharge order shall befurnished by the clerk to the designated outpatient treatment physician orcenter. If the respondent continues to meet the criteria of G.S. 122C‑263(d)(1),the court may order outpatient commitment for an additional period not inexcess of 180 days. (1983, c. 638, s. 20; c. 864, s. 4; 1985, c. 589, s.2; 1991, c. 37, s. 15.)