State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1321

Article80.

Defendants Found NotGuilty by Reason of Insanity.

§ 15A‑1321.  Automaticcivil commitment of defendants found not guilty by reason of insanity.

(a)        When a defendantcharged with a crime, wherein it is not alleged that the defendant inflicted orattempted to inflict serious physical injury or death, is found not guilty byreason of insanity by verdict or upon motion pursuant to G.S. 15A‑959(c),the presiding judge shall enter an order finding that the defendant has beenfound not guilty by reason of insanity of a crime and committing the defendantto a State 24‑hour facility designated pursuant to G.S. 122C‑252.The court order shall also grant custody of the defendant to a law enforcementofficer who shall take the defendant directly to that facility. Proceedingsthereafter are in accordance with Part 7 of Article 5 of Chapter 122C of theGeneral Statutes.

(b)        When a defendantcharged with a crime, wherein it is alleged that the defendant inflicted orattempted to inflict serious physical injury or death, is found not guilty byreason of insanity, by verdict, or upon motion pursuant to G.S. 15A‑959(c),notwithstanding any other provision of law, the presiding judge shall enter anorder finding that the defendant has been found not guilty by reason ofinsanity of a crime and committing the defendant to a Forensic Unit operated bythe Department of Health and Human Services, where the defendant shall resideuntil the defendant's release in accordance with Chapter 122C of the GeneralStatutes. The court order shall also grant custody of the defendant to a lawenforcement officer who shall take the defendant directly to the facility.Proceedings not inconsistent with this section shall thereafter be inaccordance with Part 7 of Article 5 of Chapter 122C of the General Statutes. (1977,c. 711, s. 1; 1983, c. 380, s. 3; 1985, c. 589, s. 10; 1987, c. 596, s. 6;1991, c. 37, s. 1; 1998‑212, s. 12.35B(a).)