State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-283

§ 122C‑283.  Duties oflaw‑enforcement officer; first examination by physician or eligiblepsychologist.

(a)        Without unnecessarydelay after assuming custody, the law‑enforcement officer or theindividual designated by the clerk or magistrate under G.S. 122C‑251(g)to provide transportation shall take the respondent to an area facility forexamination by a physician or eligible psychologist; if a physician or eligiblepsychologist is not available in the area facility, he shall take therespondent to any physician or eligible psychologist locally available. If aphysician or eligible psychologist is not immediately available, the respondentmay be temporarily detained in an area facility if one is available; if an areafacility is not available, he may be detained under appropriate supervision, inhis home, in a private hospital or a clinic, or in a general hospital, but notin a jail or other penal facility.

(b)        The examination setforth in subsection (a) of this section is not required if:

(1)        The affiant whoobtained the custody order is a physician or eligible psychologist; or

(2)        The respondent is incustody under the special emergency procedure described in G.S. 122C‑282.

In these cases when it isrecommended that the respondent be detained in a 24‑hour facility, thelaw‑enforcement officer shall take the respondent directly to a 24‑hourfacility described in G.S. 122C‑252.

(c)        The physician oreligible psychologist described in subsection (a) of this section shall examinethe respondent as soon as possible, and in any event within 24 hours, after therespondent is presented for examination. The examination shall include but isnot limited to an assessment of the respondent's:

(1)        Current and previoussubstance abuse including, if available, previous treatment history; and

(2)        Dangerousness tohimself or others as defined in G.S. 122C‑3(11).

(d)        After theconclusion of the examination the physician or eligible psychologist shall makethe following determinations:

(1)        If the physician oreligible psychologist finds that the respondent is a substance abuser and isdangerous to himself or others, he shall recommend commitment and whether therespondent should be released or be held at a 24‑hour facility pendinghearing and shall so show on [the] his examination report. Based on thephysician's or eligible psychologist's recommendation the law‑enforcementofficer or other designated individual shall take the respondent to a 24‑hourfacility described in G.S. 122C‑252 or release the respondent.

(2)        If the physician oreligible psychologist finds that the condition described in subdivision (1) ofthis subsection does not exist, the respondent shall be released and theproceedings terminated.

(e)        The findings of thephysician or eligible psychologist and the facts on which they are based shallbe in writing in all cases. A copy of the findings shall be sent to the clerkof superior court by the most reliable and expeditious means. If it cannot bereasonably anticipated that the clerk will receive the copy within 48 hours ofthe time that it was signed, the physician or eligible psychologist shall alsocommunicate his findings to the clerk by telephone. (1973, c. 726, s. 1; c. 1408,s. 1; 1977, c. 400, s. 4; c. 679, s. 8; c. 739, s. 1; 1979, c. 358, s. 27; c.915, s. 4; 1983, c. 380, ss. 4, 10; c. 638, ss. 6, 7, 25.1; c. 864, s. 4; 1985,c. 589, s. 2; c. 695, ss. 2, 9.)