reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-269 - Venue of hearing when respondent held at a 24-hour facility pending hearing.

§ 122C-269. Venue of hearing when respondent held at a 24-hour facility pending hearing.
(a) In all cases where the respondent is held at a 24-hour facility pending hearing as provided in G.S. 122C-268, G.S. 122C-268.1, 122C-276.1, or 122C-277(b1), unless the respondent through counsel objects to the venue, the hearing shall be held in the county in which the facility is located. Upon objection to venue, the hearing shall be held in the county where the petition was initiated, except as otherwise provided in subsection (c) of this section.
(b) An official of the facility shall immediately notify the clerk of superior court of the county in which the facility is located of a determination to hold the respondent pending hearing. That clerk shall request transmittal of all documents pertinent to the proceedings from the clerk of superior court where the proceedings were initiated. The requesting clerk shall assume all duties set forth in G.S. 122C-264. The counsel provided for in G.S. 122C-268(d) shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services.
(c) Upon motion of any interested person, the venue of an initial hearing described in G.S. 122C-268(c) or G.S. 122C-268.1 or a rehearing required by G.S. 122C-276(b), G.S. 122C-276.1, or subsections (b) or (b1) of G.S. 122C-277 shall be moved to the county in which the respondent was found not guilty by reason of insanity or incapable of proceeding when the convenience of witnesses and the ends of justice would be promoted by the change. (1975, 2nd Sess., c. 983, s. 133; 1981, c. 537, s. 6; 1983, c. 380, s. 7; 1985, c. 589, s. 2; 1991, c. 37, ss. 11, 12; 1995, c. 140, s. 2; 2000-144, s. 41; 2001-487, s. 29.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-272 - Appeal.

§ 122C-272. Appeal.
Judgment of the district court is final. Appeal may be had to the Court of Appeals by the State or by any party on the record as in civil cases. Appeal does not stay the commitment unless so ordered by the Court of Appeals. The Attorney General represents the State's interest on appeal. The district court retains limited jurisdiction for the purpose of hearing all reviews, rehearings, or supplemental hearings allowed or required under this Part. (1973, c. 726, s. 1; c. 1408, s. 1; 1979, c. 915, s. 19; 1985, c. 589, s. 2; 2009-570, s. 27.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-275 - Outpatient commitment; rehearings.

§ 122C-275. Outpatient commitment; rehearings.
(a) Fifteen days before the end of the initial or subsequent periods of outpatient commitment if the outpatient treatment physician or center determines that the respondent continues to meet the criteria specified in G.S. 122C-263(d)(1), he shall so notify the clerk of superior court of the county where the outpatient commitment is supervised. If the respondent no longer meets the criteria, the physician shall so notify the clerk who shall dismiss the case; provided, however, if the respondent was initially committed as a result of conduct resulting in his being charged with a violent crime, including a crime involving an assault with a deadly weapon, and the respondent was found incapable of proceeding, the physician or center shall notify the clerk that discharge is recommended. The clerk, at least 10 days before the end of the commitment period, on order of the district court, shall calendar the rehearing.
(b) Notice and procedures of rehearings are governed by the same procedures as initial hearings, and the respondent has the same rights he had at the initial hearing including the right to appeal.
(c) If the court finds that the respondent no longer meets the criteria of G.S. 122C-263(d)(1), it shall unconditionally discharge him. A copy of the discharge order shall be furnished by the clerk to the designated outpatient treatment physician or center. If the respondent continues to meet the criteria of G.S. 122C-263(d)(1), the court may order outpatient commitment for an additional period not in excess of 180 days. (1983, c. 638, s. 20; c. 864, s. 4; 1985, c. 589, s. 2; 1991, c. 37, s. 15.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-276.1 - Inpatient commitment; rehearings for respondents who are insanity acquittees.

§ 122C-276.1. Inpatient commitment; rehearings for respondents who are insanity acquittees.
(a) At least 15 days before the end of any inpatient commitment period ordered pursuant to G.S. 122C-268.1, the clerk shall calendar the hearing and notify the parties as specified in G.S. 122C-264(d1), unless the hearing is waived by the respondent.
(b) The proceedings of the rehearing shall be governed by the same procedures provided by G.S. 122C-268.1.
(c) The respondent shall bear the burden to prove by a preponderance of the evidence that he (i) no longer has a mental illness as defined in G.S. 122C-3(21), or (ii) is no longer dangerous to others as defined in G.S. 122C-3(11)b. If the court is so satisfied, then the court shall order the respondent discharged and released. If the court finds that the respondent has not met his burden of proof, then the court shall order inpatient commitment be continued for a period not to exceed 180 days. The court shall make a written record of the facts that support its findings.
(d) At least 15 days before the end of any commitment period ordered pursuant to subsection (c) of this section and annually thereafter, the clerk shall calendar the hearing and notify the parties as specified in G.S. 122C-264(d1). The procedures and standards for the rehearing are the same as under this section. No third or subsequent inpatient recommitment order shall be for a period longer than one year. (1991, c. 37, s. 3; 1991 (Reg. Sess., 1992), c. 1034, s. 4.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-278 - Reexamination for capacity to proceed prior to discharge.

§ 122C-278. Reexamination for capacity to proceed prior to discharge.
Whenever a respondent has been committed to either inpatient or outpatient treatment pursuant to this Chapter after having been found incapable of proceeding and referred by the court for civil commitment proceedings, the respondent shall not be discharged from the custody of the hospital or institution or the outpatient commitment case terminated until the respondent has been examined for capacity to proceed and a report filed with the clerk of court pursuant to G.S. 15A-1002. (2013-18, s. 8.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-282 - Special emergency procedure for violent individuals.

§ 122C-282. Special emergency procedure for violent individuals.
When an individual subject to commitment under the provisions of this Part is also violent and requires restraint and when delay in taking the individual to a commitment examiner for examination would likely endanger life or property, a law enforcement officer may take the person into custody and take him or her immediately before a magistrate or clerk. The law enforcement officer shall execute the affidavit required by G.S. 122C-281 and in addition shall swear that the respondent is violent and requires restraint and that delay in taking the respondent to a commitment examiner for an examination would endanger life or property.
If the clerk or magistrate finds by clear, cogent, and convincing evidence that the facts stated in the affidavit are true, that the respondent is in fact violent and requires restraint, and that delay in taking the respondent to a commitment examiner for an examination would endanger life or property, the clerk or magistrate shall order the law enforcement officer to take the respondent directly to a 24-hour facility described in G.S. 122C-252.
Respondents received at a 24-hour facility under the provisions of this section shall be examined and processed thereafter in the same way as all other respondents under this Part. (1973, c. 726, s. 1; c. 1408, s. 1; 1985, c. 589, s. 2; c. 695, s. 2; 2018-33, s. 33.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-284 - Duties of clerk of superior court.

§ 122C-284. Duties of clerk of superior court.
(a) Upon receipt by the clerk of superior court of a finding made by a commitment examiner or other qualified professional pursuant to G.S. 122C-285(c) that a respondent is a substance abuser and dangerous to self or others and that commitment is recommended, the clerk of superior court of the county where the facility is located, if the respondent is held in a 24-hour facility, or the clerk of superior court where the petition was initiated shall upon direction of a district court judge assign counsel, calendar the matter for hearing, and notify the respondent, the respondent's counsel, and the petitioner of the time and place of the hearing. The petitioner or respondent, directly, or through counsel, may file a written waiver of the right to notice under this subsection with the clerk of court.
(b) Notice to the respondent required by subsection (a) of this section shall be given as provided in G.S. 1A-1, Rule 4(j) at least 72 hours before the hearing. Notice to other individuals shall be given by mailing at least 72 hours before the hearing a copy by first-class mail postage prepaid to the individual at his or her last known address. G.S. 1A-1, Rule 6 shall not apply.
(c) Upon receipt of notice that transportation is necessary to take a committed respondent to a 24-hour facility pursuant to G.S. 122C-290(b), the clerk shall issue a custody order for the respondent.
(d) The clerk of superior court shall upon the direction of a district court judge calendar all hearings, supplemental hearings, and rehearings and provide all notices required by this Part. (1973, c. 1408, s. 1; 1977, c. 400, s. 5; c. 414, s. 1; 1979, c. 915, s. 5; 1983, c. 380, s. 9; c. 638, s. 8; c. 864, s. 4; 1985, c. 589, s. 2; c. 695, s. 10; 1985 (Reg. Sess., 1986), c. 863, s. 27; 2018-33, s. 35.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-286 - Commitment; district court hearing.

§ 122C-286. Commitment; district court hearing.
(a) A hearing shall be held in district court within 10 days of the day the respondent is taken into custody. If a respondent temporarily detained under G.S. 122C-263(d)(2) is subject to a series of successive custody orders issued pursuant to G.S. 122C-263(d)(2), the hearing shall be held within 10 days after the day the respondent is taken into custody under the most recent custody order. Upon its own motion or upon motion of the responsible professional, the respondent, or the State, the court may grant a continuance of not more than five days.
(b) The respondent shall be present at the hearing unless the respondent, through counsel, submits a written waiver of personal appearance. A subpoena may be issued to compel the respondent's presence at a hearing. The petitioner and the responsible professional of the area facility or the proposed treating physician or a designee of the proposed treating physician may be present and may provide testimony.
(c) Certified copies of reports and findings of physicians, psychologists, and other commitment examiners and medical records of previous and current treatment are admissible in evidence, but the respondent's right to confront and cross-examine witnesses shall not be denied.
(d) The respondent may be represented by counsel of choice. If the respondent is indigent within the meaning of G.S. 7A-450, counsel shall be appointed to represent the respondent in accordance with rules adopted by the Office of Indigent Defense Services.
(e) Hearings may be held at a facility if it is located within the judge's district court district as defined in G.S. 7A-133 or 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.
(f) The hearing shall be closed to the public unless the respondent requests otherwise. The hearing for a respondent being held at a 24-hour facility shall be held in a location and in the manner provided in G.S. 122C-268(g).
(g) 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.
(h) To support a commitment order, the court shall find by clear, cogent, and convincing evidence that the respondent meets the criteria specified in G.S. 122C-283(d)(1). The court shall record the facts that support its findings and shall show on the order the area facility or physician who is responsible for the management and supervision of the respondent's treatment. (1985, c. 589, s. 2; c. 695, s. 8; 1985 (Reg. Sess., 1986), c. 863, ss. 29, 30; 1987 (Reg. Sess., 1988), c. 1037, s. 117; 2000-144, s. 43; 2018-33, s. 37.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-286.1 - Venue of district court hearing when respondent held at a 24-hour facility pending hearing.

§ 122C-286.1. Venue of district court hearing when respondent held at a 24-hour facility pending hearing.
(a) In all cases where the respondent is held at a 24-hour facility pending the district court hearing as provided in G.S. 122C-286, unless the respondent through counsel objects to the venue, the hearing shall be held in the county in which the facility is located. Upon objection to venue, the hearing shall be held in the county where the petition was initiated.
(b) An official of the facility shall immediately notify the clerk of superior court of the county in which the facility is located of a determination to hold the respondent pending hearing. That clerk shall request transmittal of all documents pertinent to the proceedings from the clerk of superior court where the proceedings were initiated. The requesting clerk shall assume all duties set forth in G.S. 122C-284. The counsel provided for in G.S. 122C-286(d) shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. (1985 (Reg. Sess., 1986), c. 863, s. 31; 2000-144, s. 44.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-287 - Disposition.

§ 122C-287. Disposition.
The court may make one of the following dispositions:
(1) If the court finds by clear, cogent, and convincing evidence that the respondent is a substance abuser and is dangerous to self or others, it shall order for a period not in excess of 180 days commitment to and treatment by an area facility or physician who is responsible for the management and supervision of the respondent's commitment and treatment. Before ordering commitment to and treatment by an area facility or a physician who is not a physician at an inpatient facility, the court shall follow the procedures specified in G.S. 122C-271(a)(3) and G.S. 122C-271(b)(4), as applicable.
(2) If the court finds that the respondent does not meet the commitment criteria set out in subdivision (1) of this subsection, the respondent shall be discharged and the facility in which he was last treated so notified. (1973, c. 726, s. 1; c. 1408, s. 1; 1977, c. 400, s. 8; c. 739, s. 2; 1979, c. 358, s. 26; c. 915, ss. 8, 15, 16; 1981, c. 537, s. 1; 1983, c. 380, s. 8; c. 638, s. 14; c. 864, s. 4; 1985, c. 589, s. 2; 2018-33, s. 38.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-288 - Appeal.

§ 122C-288. Appeal.
Judgment of the district court is final. Appeal may be had to the Court of Appeals by the State or by any party on the record as in civil cases. Appeal does not stay the commitment unless so ordered by the Court of Appeals. The Attorney General shall represent the State's interest on appeal. The district court retains limited jurisdiction for the purpose of hearing all reviews, rehearings, or supplemental hearings allowed or required under this Part. (1973, c. 726, s. 1; c. 1408, s. 1; 1979, c. 915, s. 19; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-289 - Duty of assigned counsel; discharge.

§ 122C-289. Duty of assigned counsel; discharge.
If the respondent is committed, assigned counsel remains responsible for the respondent's representation at the trial level until discharged by order of district court or until the respondent is otherwise unconditionally discharged. If the respondent appeals, counsel for the appeal shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. (1973, c. 1408, s. 1; 1985, c. 589, s. 2; 2006-264, s. 61(b).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-290 - Duties for follow-up on commitment order.

§ 122C-290. Duties for follow-up on commitment order.
(a) The area facility or physician responsible for management and supervision of the respondent's commitment and treatment may prescribe or administer to the respondent reasonable and appropriate treatment either on an outpatient basis or in a 24-hour facility.
(b) If the respondent whose treatment is provided on an outpatient basis fails to comply with all or part of the prescribed treatment after reasonable effort to solicit the respondent's compliance or whose treatment is provided on an inpatient basis is discharged in accordance with G.S. 122C-205.1(b), the area facility or physician may request the clerk or magistrate to order the respondent taken into custody for the purpose of examination. Upon receipt of this request, the clerk or magistrate shall issue an order to a law enforcement officer to take the respondent into custody and to take him immediately to the designated area facility or physician for examination. The custody order is valid throughout the State. The law enforcement officer shall turn the respondent over to the custody of the physician or area facility who shall conduct the examination and release the respondent or have the respondent taken to a 24-hour facility upon a determination that treatment in the facility will benefit the respondent. Transportation to the 24-hour facility shall be provided as specified in G.S. 122C-251, upon notice to the clerk or magistrate that transportation is necessary, or as provided in G.S. 122C-408(b). If placement in a 24-hour facility is to exceed 45 consecutive days, the area facility or physician shall notify the clerk of court by the 30th day and request a supplemental hearing as specified in G.S. 122C-291.
(c) If the respondent intends to move or moves to another county within the State, the area facility or physician shall notify the clerk of court in the county where the commitment is being supervised and request that a supplemental hearing be calendared.
(d) If the respondent moves to another state or to an unknown location, the designated area facility or physician shall notify the clerk of superior court of the county where the commitment is supervised and the commitment shall be terminated. (1983, c. 638, s. 16; c. 864, s. 4; 1985, c. 589, s. 2; 1985 (Reg. Sess., 1986), c. 863, s. 32; 1987, c. 674, s. 2; c. 750; 2004-23, s. 2(c); 2018-33, s. 39.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-292 - Rehearings.

§ 122C-292. Rehearings.
(a) Fifteen days before the end of the initial or subsequent periods of commitment if the area facility or physician determines that the respondent continues to meet the criteria specified in G.S. 122C-283(d)(1), the clerk of superior court of the county where commitment is supervised shall be notified. The clerk, at least 10 days before the end of the commitment period, on order of the district court, shall calendar the rehearing. If the respondent no longer meets the criteria, the area facility or physician shall so notify the clerk who shall dismiss the case.
(b) Rehearings are governed by the same notice and procedures as initial hearings, and the respondent has the same rights that were available to the respondent at the initial hearing including the right to appeal.
(c) If the court finds that 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 be furnished by the clerk to the designated area facility or physician. If the respondent continues to meet the criteria of G.S. 122C-283(d)(1), the court may order commitment for additional periods not in excess of 365 days each. (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; 2018-33, s. 41.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-293 - Release by area facility or physician.

§ 122C-293. Release by area facility or physician.
The area facility or physician as designated in the order shall discharge a committed respondent unconditionally at any time the physician determines that the respondent no longer meets the criteria of G.S. 122C-283(d)(1). Notice of discharge and the reasons for the release shall be reported in writing to the clerk of superior court of the county in which the commitment was ordered. (1973, c. 726, s. 1; c. 1408, s. 1; 1981, c. 537, s. 5; 1983, c. 383, s. 6; c. 638, s. 21; c. 864, s. 4; 1985, c. 589, s. 2; 2018-33, s. 42.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-294 - Local plan and data submission.

§ 122C-294. Local plan and data submission.
(a) The "local area crisis services plans" adopted in accordance with G.S. 122C-202.2 and G.S. 122C-251(g) shall be submitted to the Division of Mental Health, Developmental Disabilities, and Substance Use Services beginning October 1, 2019, but no later than August 1, 2020. If the area authority modifies any plan, the modified plan shall be submitted to the Division of Mental Health, Developmental Disabilities, and Substance Use Services at least 10 days prior to the effective date of the new plan.
(b) The Department shall provide the data collected by the Division of Mental Health, Developmental Disabilities, and Substance Use Services concerning the number of respondents receiving treatment under involuntary commitment in designated facilities to the Fiscal Research Division and the Joint Legislative Oversight Committee for Health and Human Services on October 1 of each year beginning in 2019 and any other time upon request. (1973, c. 1408, s. 1; 1977, c. 679, s. 8; 1979, c. 358, ss. 26, 27; 1985, c. 589, s. 2; 2018-33, s. 43; 2019-240, s. 26(i); 2023-65, s. 5.2(b).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-301 - Assistance to an individual who is intoxicated in public; procedure for commitment to shelter or facility.

§ 122C-301. Assistance to an individual who is intoxicated in public; procedure for commitment to shelter or facility.
(a) An officer may assist an individual found intoxicated in a public place by taking any of the following actions:
(1) The officer may direct or transport the intoxicated individual home;
(2) The officer may direct or transport the intoxicated individual to the residence of another individual willing to accept him;
(3) If the intoxicated individual is apparently in need of and apparently unable to provide for himself food, clothing, or shelter but is not apparently in need of immediate medical care, the officer may direct or transport him to an appropriate public or private shelter facility;
(4) If the intoxicated individual is apparently in need of but apparently unable to provide for himself immediate medical care, the officer may direct or transport him to an area facility, hospital, or physician's office; or the officer may direct or transport the individual to any other appropriate health care facility; or
(5) If the intoxicated individual is apparently a substance abuser and is apparently dangerous to himself or others, the officer may proceed as provided in Part 8 of this Article.
(b) In providing the assistance authorized by subsection (a) of this section, the officer may use reasonable force to restrain the intoxicated individual if it appears necessary to protect himself, the intoxicated individual, or others. No officer may be held criminally or civilly liable for assault, false imprisonment, or other torts or crimes on account of reasonable measures taken under authority of this Part.
(c) If the officer takes the action described in either subdivision (a)(3) or (a)(4) of this section, the facility to which the intoxicated individual is taken may detain him only until he becomes sober or a maximum of 24 hours. The individual may stay a longer period if he wishes to do so and the facility is able to accommodate him.
(d) Any individual who has knowledge that a person assisted to a shelter or other facility under subdivisions (a)(3) or (a)(4) of this section is a substance abuser and is dangerous to himself or others may proceed as provided in Part 8 of this Article. (1977, 2nd Sess., c. 1134, s. 2; 1981, c. 519, s. 5; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-302 - Cities and counties may employ officers to assist intoxicated individuals.

§ 122C-302. Cities and counties may employ officers to assist intoxicated individuals.
A city or county may employ officers to assist individuals who are intoxicated in public. Officers employed for this purpose shall be trained to give assistance to those who are intoxicated in public including the administration of first aid. An officer employed by a city or county to assist intoxicated individuals has the powers and duties set out in G.S. 122C-301 within the same territory in which criminal laws are enforced by law-enforcement officers of that city or county. (1977, 2nd Sess., c. 1134, s. 2; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-303 - Use of jail for care for intoxicated individual.

§ 122C-303. Use of jail for care for intoxicated individual.
In addition to the actions authorized by G.S. 122C-301(a), an officer may assist an individual found intoxicated in a public place by directing or transporting that individual to a city or county jail. That action may be taken only if the intoxicated individual is apparently in need of and apparently unable to provide for himself food, clothing, or shelter but is not apparently in need of immediate medical care and if no other facility is readily available to receive him. The officer and employees of the jail are exempt from liability as provided in G.S. 122C-301(b). The intoxicated individual may be detained at the jail only until he becomes sober or a maximum of 24 hours and may be released at any time to a relative or other individual willing to be responsible for his care. (1977, 2nd Sess., c. 1134, s. 3; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-311 - Individuals on parole.

§ 122C-311. Individuals on parole.
Any individual who has been released from any correctional facility on parole is admitted, committed and discharged from facilities in accordance with the procedures specified in this Article for other individuals. (1959, c. 1002, s. 24; 1963, c. 1184, s. 28; 1973, c. 253, s. 4; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-312 - Voluntary admissions and discharges of inmates of the Division of Prisons of the Department of Adult Correction.

§ 122C-312. Voluntary admissions and discharges of inmates of the Division of Prisons of the Department of Adult Correction.
Inmates in the custody of the Division of Prisons of the Department of Adult Correction may seek voluntary admission to State facilities for the mentally ill or substance abusers. The provisions of Part 2 of this Article shall apply except that an admission may be accomplished only when the Secretary and the Secretary of the Department of Adult Correction jointly agree to the inmate's request. When an inmate is admitted he shall be discharged in accordance with the provisions of Part 2 of this Article except that an inmate who is ready for discharge, but still under a term of incarceration, shall be discharged only to an official of the Division of Prisons of the Department of Adult Correction. The Division of Prisons of the Department of Adult Correction is responsible for the security and cost of transporting inmates to and from facilities under the provisions of this section. (1979, c. 547; 1985, c. 589, s. 2; 2011-145, s. 19.1(h), (i); 2017-186, s. 2(ppppp); 2021-180, s. 19C.9(o), (p).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-313 - Inmate becoming mentally ill and dangerous to himself or others.

§ 122C-313. Inmate becoming mentally ill and dangerous to himself or others.
(a) An inmate who becomes mentally ill and dangerous to himself or others after incarceration in any facility operated by the Division of Prisons of the Department of Adult Correction in the State is processed in accordance with Part 7 of this Article, as modified by this section, except when the provisions of Part 7 are manifestly inappropriate. A staff psychiatrist or eligible psychologist of the correctional facility shall execute the affidavit required by G.S. 122C-261 and send it to the clerk of superior court of the county in which the correctional facility is located. Upon receipt of the affidavit, the clerk shall calendar a district court hearing 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 and dangerous to himself or others, he shall order him transferred for treatment to a State facility designated by the Secretary. The judge shall not order outpatient commitment for an inmate-respondent.
(b) If the sentence of an inmate-respondent expires while he is committed to a State facility, he is considered in all respects as if he had been initially committed under Part 7 of this Article.
(c) If the sentence of an inmate-respondent has not expired, and if in the opinion of the attending physician of the State facility an inmate-respondent ceases to be mentally ill and dangerous to himself or others, he shall notify the Division of Prisons of the Department of Adult Correction which shall arrange for the inmate-respondent's return to a correctional facility.
(d) Special counsel at a State facility shall represent any inmate who becomes mentally ill and dangerous to himself or others while confined in a correctional facility in the same county, otherwise counsel is assigned in accordance with G.S. 122C-270(d).
(e) The Division of Prisons of the Department of Adult Correction is responsible for the security and cost of transporting inmates to and 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; 2011-145, s. 19.1(h); 2017-186, s. 2(ppppp); 2021-180, s. 19C.9(p).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-321 - Voluntary admissions and discharges.

§ 122C-321. Voluntary admissions and discharges.
Any individual in need of treatment for mental illness or substance abuse may seek voluntary admission to the psychiatric service of the University of North Carolina Hospitals at Chapel Hill. Procedures for admission and discharge shall be made in accordance with Parts 2 through 4 of this Article. The applicant may be admitted only upon the approval of the director of the psychiatric service or his designee. (1955, c. 1274, s. 2; 1963, c. 1184, s. 2; 1973, c. 723, s. 3; c. 1084; 1985, c. 589, s. 2; 1989, c. 141, s. 14.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-322 - Involuntary commitments.

§ 122C-322. Involuntary commitments.
(a) Except as otherwise specifically provided in this section references in Parts 6 through 8 of this Article to 24-hour facilities, outpatient treatment centers, or area authorities, or private facilities shall include the psychiatric service of the University of North Carolina Hospitals at Chapel Hill. The psychiatric service may be used for temporary detention pending a district court hearing, for commitment of the respondent after the hearing, or as the manager and supervisor of outpatient commitment. However, no individual may be held at or committed to the psychiatric service without the prior approval of the director of the psychiatric service or his designee.
(b) Initial hearings, supplemental hearings, and rehearings may be held at the psychiatric service facility or at any place in Orange County where district court can be held under G.S. 7A-133. Legal counsel for the respondent at all hearings and rehearings shall be assigned from among the members of the bar of the same county in accordance with G.S. 122C-270(d). (1977, c. 738, s. 1; 1981, c. 442; 1985, c. 589, s. 2; 1989, c. 141, s. 15.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-331 - Voluntary admissions and discharges.

§ 122C-331. Voluntary admissions and discharges.
Veterans in need of treatment for mental illness or substance abuse may seek voluntary admission to a facility operated by the Veterans Administration. Procedures for admission and discharge shall be made in accordance with Parts 2 and 4 of this Article. The Veterans Administration may require additional procedures not inconsistent with these Parts. (1973, c. 1408, s. 1; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-332 - Involuntary commitments.

§ 122C-332. Involuntary commitments.
(a) Except as otherwise specifically provided in this section, references in Parts 6 through 8 of this Article to 24-hour facilities, outpatient treatment centers, or area authorities, or private facilities shall include the facilities operated by the Veterans Administration. Veterans Administration facilities may be used for temporary detention pending a district court hearing, for commitment of the respondent after the hearing, or as the manager and supervisor of outpatient commitment. Eligibility of the veteran-respondent for treatment at a Veterans Administration facility and the availability of space shall be determined by the Veterans Administration in all cases before sending or committing a veteran-respondent.
(b) Initial hearings, supplemental hearings, and rehearings for veteran-respondents may be held at the facility or at the county courthouse in the county in which the facility is located, and counsel shall be assigned from among the members of the bar of the same county in accordance with G.S. 122C-270(d). (1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-333 - Order of another state.

§ 122C-333. Order of another state.
The judgment or order of commitment by a court of competent jurisdiction of another state, committing a person to the Veterans Administration or another federal agency that is located in this State shall have the same force and effect on the committed person while in this State as in the jurisdiction of the court entering the judgment or making the order. The courts of the committing state shall retain jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person, and for determining the necessity for continuance of his restraint. Consent is given to the application of the law of the committing state on the authority of the chief officer of any facility of the Veterans Administration or of any institution operated in this State by any other federal agency to retain custody, transfer, parole, or discharge the committed person. (1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-341 - Determination of residence.

§ 122C-341. Determination of residence.
It is the responsibility of the facility to determine if a client is not a resident of the State. (1899, c. 1, s. 18; Rev., ss. 3591, 4587, 4588; C.S., ss. 6187, 6188; 1945, c. 952, ss. 16, 17; 1947, c. 537, s. 11; 1953, c. 256, s. 3; 1957, c. 1386; 1963, c. 1184, s. 1; 1973, c. 673, s. 13; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-342 - Voluntary admissions and discharges.

§ 122C-342. Voluntary admissions and discharges.
A non-State resident may be admitted to and discharged from a facility on a voluntary basis in accordance with Parts 2 through 5 of this Article at his own expense. If the facility determines that the client should be returned to his own state the provisions of G.S. 122C-345 or G.S. 122C-361, as appropriate, shall apply. (1899, c. 1, s. 16; Rev., s. 4584; C.S., s. 6210; 1945, c. 952, s. 33; 1947, c. 537, s. 18; 1963, c. 1184, s. 1; 1971, c. 1140; 1973, c. 476, s. 133; c. 673, s. 13; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-343 - Involuntary commitments.

§ 122C-343. Involuntary commitments.
Involuntary commitments of non-State residents are made under the provisions of Parts 6 through 8 of this Article. If after commitment to a 24-hour facility the facility determines that the respondent needs long-term care and should be returned to his state of residence, the provisions of G.S. 122C-345 or G.S. 122C-361, as appropriate, shall apply. (1899, c. 1, s. 16; Rev., s. 4584; C.S., s. 6210; 1945, c. 952, s. 33; 1947, c. 537, s. 18; 1963, c. 1184, s. 1; 1971, c. 1140; 1973, c. 476, s. 133; c. 673, s. 13; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-344 - Citizens of other countries.

§ 122C-344. Citizens of other countries.
In addition to the provisions of G.S. 122C-341 through G.S. 122C-343, if a 24-hour facility determines that a client is not a citizen of the United States, the facility shall notify the Governor of this State of the name of the client, the country and place of his residence in the country and other facts in the case as can be obtained, together with a copy of pertinent medical records. The Governor shall send the information to the nearest consular office of the committed foreign national, with the request that the consular office tell the minister resident or plenipotentiary of the country of which the client is alleged to be a citizen. (1899, c. 1, s. 16; Rev., s. 4585; C.S., s. 6211; 1963, c. 1184, s. 1; 1985, c. 589, s. 2; 1993, c. 561, s. 86(a).)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-345 - Return of a non-State resident client to his resident state.

§ 122C-345. Return of a non-State resident client to his resident state.
(a) Except as provided in subsection (c) of this section, it is the responsibility of the director of a facility to arrange for the transfer of a client to his resident state. The cost of returning the client to his resident state is the responsibility of the client or his family.
(b) A non-State resident client of an area 24-hour facility may be transferred to a State facility in accordance with G.S. 122C-206 in order for the client to be returned to his resident state.
(c) A non-State resident client of a State facility may be returned to his resident state under procedures established under G.S. 122C-346 or G.S. 122C-361. The cost of returning a client to his resident state under this subsection shall be the responsibility of the State. (1899, c. 1, s. 16; Rev., s. 4584; C.S., s. 6210; 1945, c. 952, s. 33; 1947, c. 537, ss. 18, 20; 1955, c. 887, s. 13; 1959, c. 1002, s. 22; 1963, c. 1184, s. 1; 1971, c. 1140; 1973, c. 476, s. 133; c. 673, s. 13; 1977, c. 679, s. 7; 1981, c. 51, s. 3; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-346 - Authority of the Secretary to enter reciprocal agreements.

§ 122C-346. Authority of the Secretary to enter reciprocal agreements.
The Secretary may enter agreements with other states for the return of non-State resident clients to their resident state and for the return of North Carolina residents to North Carolina when under treatment in another state. (1947, c. 537, s. 20; 1955, c. 887, s. 13; 1959, c. 1002, s. 22; 1963, c. 1184, s. 1; 1973, c. 476, s. 133; 1977, c. 679, s. 7; 1981, c. 51, s. 3; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-347 - Return of North Carolina resident clients from other states.

§ 122C-347. Return of North Carolina resident clients from other states.
North Carolina residents who are in treatment in another state may be returned to North Carolina either under an agreement authorized in G.S. 122C-346 or under the provisions of G.S. 122C-361. The cost of returning a North Carolina resident to this State is the responsibility of the sending state. Within 72 hours after admission in a State facility, a returned resident shall be evaluated. The returned resident may agree to a voluntary admission or may be released, or proceedings for an involuntary commitment under this Article may be initiated as necessary by the responsible professional in the facility. (1945, c. 952, s. 34; 1947, c. 537, s. 19; 1959, c. 1002, ss. 20, 21; 1963, c. 1184, s. 1; 1965, c. 800, s. 9; 1969, c. 982; 1973, c. 476, ss. 133, 138; c. 673, s. 13; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-348 - Residency not affected.

§ 122C-348. Residency not affected.
(a) A nonresident of this State who is under care in a 24-hour facility in this State is not considered a resident. No length of time spent in this State while a client in a 24-hour facility is sufficient to make a nonresident a resident or entitled to care or treatment.
(b) A North Carolina resident who is under care and treatment in a 24-hour facility in another state shall retain his residency in North Carolina. (1899, c. 1, s. 18; Rev., ss. 3591, 4587, 4588; C.S., ss. 6187, 6188; 1945, c. 952, ss. 16, 17; 1947, c. 537, ss. 11, 20; 1953, c. 256, s. 3; 1955, c. 887, s. 13; 1957, c. 1386; 1959, c. 1002, s. 22; 1963, c. 1184, s. 1; 1973, c. 476, s. 133; c. 673, s. 13; 1977, c. 679, s. 7; 1981, c. 51, s. 3; 1985, c. 589, s. 2.)
2023 North Carolina General Statutes › Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985 › Article 5 - Procedures for Admission and Discharge of Clients. › § 122C-362 - Compact Administrator.

§ 122C-362. Compact Administrator.
Pursuant to the Compact, the Secretary is the Compact Administrator and, acting jointly with like officers of other party states, may adopt rules to carry out more effectively the terms of the Compact. The Compact Administrator shall cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact, of any supplementary agreement, or agreements entered into by this State. (1959, c. 1003, s. 2; 1963, c. 1184, s. 12; 1973, c. 476, s. 133; 1985, c. 589, s. 2.)