North Carolina § 122C-292 - Rehearings.

§ 122C-292. Rehearings.

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. 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. 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. History (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.) Editor's Note. - Session Laws 2018-33, s. 46, made the amendment of this section by Session Laws 2018-33, s. 41, effective October 1, 2019, and applicable to proceedings initiated on or after that date. Effect of Amendments. - Session Laws 2018-33, s. 41, substituted "area facility" for "area authority" throughout the section; and substituted "that were available to the respondent" for "he had" in the middle of subsection (b). For effective date and applicability, see editor's note. Opinions of Attorney General Actual Notice of Rehearing Is Required Absent Waiver or Consent to Nonservice. - See opinion of Attorney General to Mr. J. Laird Jacob, Jr., Broughton Hospital, 44 N.C.A.G. 33 (1974), rendered under former statutory provisions.