State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-292

§122C‑292.  Rehearings.

(a)        Fifteen days beforethe end of the initial or subsequent periods of commitment if the areaauthority or physician determines that the respondent continues to meet thecriteria specified in G.S. 122C‑283(d)(1), the clerk of superior court ofthe county where commitment is supervised shall be notified. The clerk, atleast 10 days before the end of the commitment period, on order of the districtcourt, shall calendar the rehearing. If the respondent no longer meets thecriteria, the area authority or physician shall so notify the clerk who shalldismiss the case.

(b)        Rehearings aregoverned by the same notice and procedures as initial hearings, and therespondent has the same rights he had at the initial hearing including theright to appeal.

(c)        If the court findsthat the respondent no longer meets the criteria of G.S. 122C‑283(d)(1),it shall unconditionally discharge him. A copy of the discharge order shall befurnished by the clerk to the designated area authority or physician. If therespondent continues to meet the criteria of G.S. 122C‑283(d)(1), thecourt may order commitment for additional periods not in excess of 365 dayseach. (1973, c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s.9; 1979, c. 915, ss. 9, 17; 1981, c. 537, ss. 2‑4; 1983, c. 638, ss. 18‑19;864, s. 4; 1985, c. 589, s. 2.)