North Carolina General Statutes 122C-268. Inpatient commitment; district court hearing
(a) A hearing shall be held in district court within 10 days of the day the respondent is taken into law enforcement custody pursuant to N.C. Gen. Stat. § 122C-261(e) or N.C. Gen. Stat. § 122C-262 If a respondent temporarily detained under N.C. Gen. Stat. § 122C-263(d)(2) is subject to a series of successive custody orders issued pursuant to N.C. Gen. Stat. § 122C-263(d)(2), the hearing shall be held within 10 days after the day that the respondent is taken into custody under the most recent custody order. A continuance of not more than five days may be granted upon motion of any of the following:
(1) The court.
Terms Used In North Carolina General Statutes 122C-268
- Chambers: A judge's office.
- Continuance: Putting off of a hearing ot trial until a later time.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) Respondent’s counsel.
(3) The State, sufficiently in advance to avoid movement of the respondent.
(b) The attorney, who is a member of the staff of the Attorney General assigned to one of the State’s facilities for the mentally ill or the psychiatric service of the University of North Carolina Hospitals at Chapel Hill, shall represent the State’s interest at commitment hearings, rehearings, and supplemental hearings held for respondents admitted pursuant to this Part or N.C. Gen. Stat. § 15A-1321 at the facility to which he is assigned.
In addition, the Attorney General may, in his discretion, designate an attorney who is a member of his staff to represent the State’s interest at any commitment hearing, rehearing, or supplemental hearing held in a place other than at one of the State’s facilities for the mentally ill or the psychiatric service of the University of North Carolina Hospitals at Chapel Hill.
(c) If the respondent’s custody order indicates that he was charged with a violent crime, including a crime involving an assault with a deadly weapon, and that he was found incapable of proceeding, the clerk shall give notice of the time and place of the hearing as provided in N.C. Gen. Stat. § 122C-264(d). The district attorney in the county in which the respondent was found incapable of proceeding may represent the State’s interest at the hearing.
(d) The respondent shall be represented by counsel of his choice; or if he is indigent within the meaning of N.C. Gen. Stat. § 7A-450 or refuses to retain counsel if financially able to do so, he shall be represented by counsel appointed in accordance with rules adopted by the Office of Indigent Defense Services.
(e) With the consent of the court, counsel may in writing waive the presence of the respondent.
(f) Certified copies of reports and findings of commitment examiners and previous and current medical records are admissible in evidence, but the respondent’s right to confront and cross-examine witnesses may not be denied.
(g) To the extent feasible, hearings shall be held in an appropriate room at the facility in which the respondent is being treated in a manner approved by the chief district court judge if the facility is located within the presiding judge’s district court district as defined in N.C. Gen. Stat. § 7A-133 Hearings may be held in the judge’s chambers. A hearing may not be held in a regular courtroom, over objection of the respondent, if in the discretion of a judge a more suitable place is available. Regardless of the manner and location for hearings, hearings shall be held in a manner that complies with any applicable federal and State laws governing the confidentiality and security of confidential information. If the respondent has counsel, the respondent shall be allowed to communicate fully and confidentially with his attorney during the proceeding.
(h) The hearing shall be closed to the public unless the respondent requests otherwise.
(i) A copy of all documents admitted into evidence and a transcript of the proceedings shall be furnished to the respondent on request by the clerk upon the direction of a district court judge. If the respondent is indigent, the copies shall be provided at State expense.
(j) To support an inpatient commitment order, the court shall find by clear, cogent, and convincing evidence that the respondent is mentally ill and dangerous to self, as defined in N.C. Gen. Stat. § 122C-3(11)a., or dangerous to others, as defined in N.C. Gen. Stat. § 122C-3(11)b. The court shall record the facts that support its findings. (1985, c. 589, s. 2; c. 695, s. 8; 1985 (Reg. Sess., 1986), c. 1014, s. 195(b); 1987 (Reg. Sess., 1988), c. 1037, s. 114; 1989, c. 141, s. 11; 1989 (Reg. Sess., 1990), c. 823, s. 7; 1991, c. 37, s. 10; c. 257, s. 2; 1995 (Reg. Sess., 1996), c. 739, s. 11(a), (b); 2000-144, s. 39; 2014-107, s. 6.1; 2017-158, s. 16; 2018-33, s. 29; 2021-47, s. 10(l).)