North Carolina § 122C-313 - Inmate becoming mentally ill and dangerous to himself or others.

§ 122C-313. Inmate becoming mentally ill and dangerous to himself or others.

An inmate who becomes mentally ill and dangerous to himself or others after incarceration in any facility operated by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety 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. 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. 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 Adult Correction and Juvenile Justice of the Department of Public Safety which shall arrange for the inmate-respondent's return to a correctional facility. 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). The Division of Adult Correction and Juvenile Justice of the Department of Public Safety is responsible for the security and cost of transporting inmates to and from State facilities under the provisions of this section. History (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).) Effect of Amendments. - Session Laws 2017-186, s. 2(ppppp), effective December 1, 2017, inserted "and Juvenile Justice" throughout the section. Opinions of Attorney General Convict Committed to Hospital for Mentally Ill May Be Paroled from Department of Correction Commitment. - See opinion of Attorney General to Mr. Wade E. Brown, N.C. Board of Paroles, 41 N.C.A.G. 550 (1971), rendered under former statutory provisions.