§122C‑276.1. Inpatient commitment; rehearings for respondents who areinsanity acquittees.
(a) At least 15 daysbefore the end of any inpatient commitment period ordered pursuant to G.S. 122C‑268.1,the clerk shall calendar the hearing and notify the parties as specified inG.S. 122C‑264(d1), unless the hearing is waived by the respondent.
(b) The proceedings ofthe rehearing shall be governed by the same procedures provided by G.S. 122C‑268.1.
(c) 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 inpatient commitment be continued for aperiod not to exceed 180 days. The court shall make a written record of thefacts that support its findings.
(d) At least 15 daysbefore the end of any commitment period ordered pursuant to subsection (c) ofthis section and annually thereafter, the clerk shall calendar the hearing andnotify the parties as specified in G.S. 122C‑264(d1). The procedures andstandards for the rehearing are the same as under this section. No third orsubsequent inpatient recommitment order shall be for a period longer than oneyear. (1991, c. 37, s. 3; 1991 (Reg. Sess., 1992), c. 1034,s. 4.)
§122C‑276.1. Inpatient commitment; rehearings for respondents who areinsanity acquittees.
(a) At least 15 daysbefore the end of any inpatient commitment period ordered pursuant to G.S. 122C‑268.1,the clerk shall calendar the hearing and notify the parties as specified inG.S. 122C‑264(d1), unless the hearing is waived by the respondent.
(b) The proceedings ofthe rehearing shall be governed by the same procedures provided by G.S. 122C‑268.1.
(c) 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 inpatient commitment be continued for aperiod not to exceed 180 days. The court shall make a written record of thefacts that support its findings.
(d) At least 15 daysbefore the end of any commitment period ordered pursuant to subsection (c) ofthis section and annually thereafter, the clerk shall calendar the hearing andnotify the parties as specified in G.S. 122C‑264(d1). The procedures andstandards for the rehearing are the same as under this section. No third orsubsequent inpatient recommitment order shall be for a period longer than oneyear. (1991, c. 37, s. 3; 1991 (Reg. Sess., 1992), c. 1034,s. 4.)
§122C‑276.1. Inpatient commitment; rehearings for respondents who areinsanity acquittees.
(a) At least 15 daysbefore the end of any inpatient commitment period ordered pursuant to G.S. 122C‑268.1,the clerk shall calendar the hearing and notify the parties as specified inG.S. 122C‑264(d1), unless the hearing is waived by the respondent.
(b) The proceedings ofthe rehearing shall be governed by the same procedures provided by G.S. 122C‑268.1.
(c) 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 inpatient commitment be continued for aperiod not to exceed 180 days. The court shall make a written record of thefacts that support its findings.
(d) At least 15 daysbefore the end of any commitment period ordered pursuant to subsection (c) ofthis section and annually thereafter, the clerk shall calendar the hearing andnotify the parties as specified in G.S. 122C‑264(d1). The procedures andstandards for the rehearing are the same as under this section. No third orsubsequent inpatient recommitment order shall be for a period longer than oneyear. (1991, c. 37, s. 3; 1991 (Reg. Sess., 1992), c. 1034,s. 4.)
