State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1003

§15A‑1003.  Referral of incapable defendant for civil commitmentproceedings.

(a)        When a defendant isfound to be incapable of proceeding, the presiding judge, upon such additionalhearing, if any, as he determines to be necessary, shall determine whetherthere are reasonable grounds to believe the defendant meets the criteria forinvoluntary commitment under Part 7 of Article 5 of Chapter 122C of the GeneralStatutes. If the presiding judge finds reasonable grounds to believe that thedefendant meets the criteria, he shall make findings of fact and issue acustody order in the same manner, upon the same grounds and with the sameeffect as an order issued by a clerk or magistrate pursuant to G.S. 122C‑261.Proceedings thereafter are in accordance with Part 7 of Article 5 of Chapter122C of the General Statutes. If the defendant was charged with a violentcrime, including a crime involving assault with a deadly weapon, the judge'scustody order shall require a law‑enforcement officer to take thedefendant directly to a 24‑hour facility as described in G.S. 122C‑252;and the order must indicate that the defendant was charged with a violent crimeand that he was found incapable of proceeding.

(b)        The court may makeappropriate orders for the temporary detention of the defendant pending thatproceeding.

(c)        Evidence used atthe hearing with regard to capacity to proceed is admissible in the involuntarycivil commitment proceedings. (1973, c. 1286, s. 1; 1975,c. 166, s. 20; 1983, c. 380, s. 1; 1985, c. 589,  s. 10; 1987, c. 596, s. 5.)