State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-313

§122C‑313.  Inmate becoming mentally ill and dangerous to himself orothers.

(a)        An inmate whobecomes mentally ill and dangerous to himself or others after incarceration inany facility operated by the Department of Correction in the State is processedin accordance with Part 7 of this Article, as modified by this section, exceptwhen the provisions of Part 7 are manifestly inappropriate. A staffpsychiatrist or eligible psychologist of the correctional facility shallexecute the affidavit required by G.S. 122C‑261 and send it to the clerkof superior court of the county in which the correctional facility is located.Upon receipt of the affidavit, the clerk shall calendar a district courthearing and notify the respondent and his counsel as required by G.S. 122C‑284(a).The hearing is conducted in a district courtroom. If the judge finds by clear,cogent, and convincing evidence that the respondent is mentally ill anddangerous to himself or others, he shall order him transferred for treatment toa State facility designated by the Secretary. The judge shall not orderoutpatient commitment for an inmate‑respondent.

(b)        If the sentence ofan inmate‑respondent expires while he is committed to a State facility,he is considered in all respects as if he had been initially committed underPart 7 of this Article.

(c)        If the sentence ofan inmate‑respondent has not expired, and if in the opinion of theattending physician of the State facility an inmate‑respondent ceases tobe mentally ill and dangerous to himself or others, he shall notify theDepartment of Correction which shall arrange for the inmate‑respondent'sreturn to a correctional facility.

(d)        Special counsel ata State facility shall represent any inmate who becomes mentally ill anddangerous to himself or others while confined in a correctional facility in thesame county, otherwise counsel is assigned in accordance with G.S. 122C‑270(d).

(e)        The Department ofCorrection is responsible for the security and cost of transporting inmates toand from State facilities under the provisions of this section. (1899,c. 1, s. 66; Rev., s. 4619; C.S., s. 6238; 1923, c. 165, s. 55; 1945, c. 952,s. 55; 1955, c. 887, s. 14; 1957, c. 1232, s. 26; 1963, c. 1184, s. 27; 1965,c. 800, s. 13; 1973, c. 253, s. 3; c. 1433; 1977, c. 679, s. 8; 1979, c. 358,s. 27; c. 915, s. 11; 1985, c. 589, s. 2; c. 695, s. 2.)