State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-277

§122C‑277.  Release and conditional release; judicial review.

(a)        Except as providedin subsections (b) and (b1) of this section, the attending physician shalldischarge a committed respondent unconditionally at any time he determines thatthe respondent is no longer in need of inpatient commitment. However, if theattending physician determines that the respondent meets the criteria foroutpatient commitment as defined in G.S. 122C‑263(d)(1), he may requestthe clerk to calendar a supplemental hearing to determine whether an outpatientcommitment order shall be issued. Except as provided in subsections (b) and(b1) of this section, the attending physician may also release a respondentconditionally for periods not in excess of 30 days on specified medicallyappropriate conditions. Violation of the conditions is grounds for return ofthe respondent to the releasing facility. A law‑enforcement officer, onrequest of the attending physician, shall take a conditional releasee intocustody and return him to the facility in accordance with G.S. 122C‑205.Notice of discharge and of conditional release shall be furnished to the clerkof superior court of the county of commitment and of the county in which thefacility is located.

(b)        If the respondentwas initially committed as the result of conduct resulting in his being chargedwith a violent crime, including a crime involving an assault with a deadlyweapon, and respondent was found incapable of proceeding, 15 days before therespondent's discharge or conditional release the attending physician shallnotify the clerk of superior court of the county in which the facility islocated of his determination regarding the proposed discharge or conditionalrelease. The clerk shall then schedule a rehearing to determine theappropriateness of respondent's release under the standards of commitment setforth in G.S. 122C‑271(b). The clerk shall give notice as provided inG.S. 122C‑264(d). The district attorney of the district where respondentwas found incapable of proceeding may represent the State's interest at thehearing.

(b1)      If the respondentwas initially committed pursuant to G.S. 15A‑1321, 15 days before therespondent's discharge or conditional release the attending physician shallnotify the clerk of superior court. The clerk shall calendar a hearing andshall give notice as provided by G.S. 122C‑264(d1). The district attorneyfor the original trial may represent the State's interest at the hearing. Thehearing shall be conducted under the standards and procedures set forth in G.S.122C‑268.1. Provided, that in no event shall discharge or conditionalrelease under this section be allowed for a respondent during the period fromautomatic commitment to hearing under G.S. 122C‑268.1.

(c)        If a committedrespondent under subsections (a), (b), or (b1) of this section is from a singleportal area, the attending physician shall plan jointly with the area authorityas prescribed in the area plan before discharging or releasing the respondent. (1973,c. 726, s. 1; c. 1408, s. 1; 1981, c. 537, s. 5; 1983, c. 383, s. 6; c. 638, s.21; c. 864, s. 4; 1985, c. 589, s. 2; 1991, c. 37, s. 6.)