State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-285

§122C‑285.  Commitment; second examination and treatment pending hearing.

(a)        Within 24 hours ofarrival at a 24‑hour facility described in G.S. 122C‑252, therespondent shall be examined by a qualified professional. This professionalshall be a physician if the initial commitment evaluation was conducted by aneligible psychologist. The examination shall include the assessment specifiedin G.S. 122C‑283(c). If the qualified professional finds that therespondent is a substance abuser and is dangerous to himself or others, heshall hold and treat the respondent at the facility or designate othertreatment pending the district court hearing. If the qualified professionalfinds that the respondent does not meet the criteria for commitment under G.S.122C‑283(d)(1), he shall release the respondent and the proceeding shallbe terminated. In this case the reasons for the release shall be reported inwriting to the clerk of superior court of the county in which the custody orderoriginated. If the respondent is released, the law‑enforcement officer orother person designated to provide transportation shall return the respondentto the originating county.

(b)        If the 24‑hourfacility described in G.S. 122C‑252 is the facility in which the firstexamination by a physician or eligible psychologist occurred and is the samefacility in which the respondent is held, the second examination must occur notlater than the following regular working day. (1973, c. 726, s. 1; c. 1408,s. 1; 1977, c. 400, s. 6; 1979, c. 915, s. 6; 1983, c. 380, s. 5; c. 638, ss.9, 10; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 11; 1985 (Reg. Sess.,1986), c. 863, s. 28.)