State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-282

§122C‑282.  Special emergency procedure for violent individuals.

When an individual subject tocommitment under the provisions of this Part is also violent and requiresrestraint and when delay in taking him to a physician or eligible psychologistfor examination would likely endanger life or property, a law‑enforcementofficer may take the person into custody and take him immediately before amagistrate or clerk. The law‑enforcement officer shall execute theaffidavit required by G.S. 122C‑281 and in addition shall swear that therespondent is violent and requires restraint and that delay in taking therespondent to a physician or eligible psychologist for an examination wouldendanger life or property.

If the clerk or magistratefinds by clear, cogent, and convincing evidence that the facts stated in theaffidavit are true, that the respondent is in fact violent and requiresrestraint, and that delay in taking the respondent to a physician or eligiblepsychologist for an examination would endanger life or property, he shall orderthe law‑enforcement officer to take the respondent directly to a 24‑hourfacility described in G.S. 122C‑252.

Respondents received at a 24‑hourfacility under the provisions of this section shall be examined and processedthereafter in the same way as all other respondents under this Part. (1973,c. 726, s. 1; c. 1408, s. 1; 1985, c. 589, s. 2; c. 695, s. 2.)