State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-286

§ 122C‑286.  Commitment;district court hearing.

(a)        A hearing shall beheld in district court within 10 days of the day the respondent is taken intocustody. Upon its own motion or upon motion of the responsible professional,the respondent, or the State, the court may grant a continuance of not morethan five days.

(b)        The respondentshall be present at the hearing. A subpoena may be issued to compel therespondent's presence at a hearing. The petitioner and the responsibleprofessional of the area authority or the proposed treating physician or hisdesignee may be present and may provide testimony.

(c)        Certified copies ofreports and findings of physicians and psychologists and medical records ofprevious and current treatment are admissible in evidence, but the respondent'sright to confront and cross‑examine witnesses shall not be denied.

(d)        The respondent maybe represented by counsel of his choice. If the respondent is indigent withinthe meaning of G.S. 7A‑450, counsel shall be appointed to represent therespondent in accordance with rules adopted by the Office of Indigent DefenseServices.

(e)        Hearings may beheld at a facility if it is located within the judge's district court districtas defined in G.S. 7A‑133 or in the judge's chambers. A hearing may notbe held in a regular courtroom, over objection of the respondent, if in thediscretion of a judge a more suitable place is available.

(f)         The hearing shallbe closed to the public unless the respondent requests otherwise.

(g)        A copy of alldocuments admitted into evidence and a transcript of the proceedings shall befurnished to the respondent on request by the clerk upon the direction of adistrict court judge. If the respondent is indigent, the copies shall beprovided at State expense.

(h)        To support acommitment order, the court shall find by clear, cogent, and convincingevidence that the respondent meets the criteria specified in G.S. 122C‑283(d)(1).The court shall record the facts that support its findings and shall show onthe order the area authority or physician who is responsible for the managementand supervision of the respondent's treatment. (1985, c. 589, s. 2; c. 695,s. 8; 1985 (Reg. Sess., 1986), c. 863, ss. 29, 30; 1987 (Reg. Sess., 1988), c.1037, s. 117; 2000‑144, s. 43.)