North Carolina HB 908: Modify Civil Commitment Hearing Procedures.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 908
Committee Substitute Favorable 4/29/25

Short Title: Modify Civil Commitment Hearing Procedures. (Public)
Sponsors:
Referred to:
April 14, 2025
*H908-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO MODIFY THE PROCEDURES RELATED TO NOTICE AND VENUE FOR 2
CIVIL COMMITMENT HEARINGS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 122C-268(c) reads as rewritten: 5
"(c) If the respondent's custody order indicates that he the respondent was charged with a 6
violent crime, including a crime involving an assault with a deadly weapon, and that he the 7
respondent was found incapable of proceeding, the clerk shall give notice of the time and place 8
of the hearing to the chief district judge and the district attorney in the county in which the 9
defendant was found incapable of proceeding as provided in G.S. 122C-264(d). The district 10
attorney in the county in which the respondent was found incapable of proceeding may represent 11
the State's interest at the hearing. If the district attorney elects to represent the State's interest, 12
upon motion of the district attorney, the venue for the hearing, rehearings, and supplemental 13
rehearings shall be the county in which the respondent was found incapable of proceeding." 14
SECTION 2. G.S. 122C-277(b) reads as rewritten: 15
"(b) If the respondent was initially committed as the result of conduct resulting in his the 16
respondent being charged with a violent crime, including a crime involving an assault with a 17
deadly weapon, and respondent was found incapable of proceeding, 15 days before the 18
respondent's discharge or conditional release the attending physician shall notify facility shall 19
notify the district attorney of the district where the respondent was found incapable of proceeding 20
and the clerk of superior court of the county in which the facility is located of his or her 21
determination regarding the proposed discharge or conditional release. The clerk shall then 22
schedule a rehearing to determine the appropriateness of respondent's release under the standards 23
of commitment set forth in G.S. 122C-271(b). The clerk shall give notice as provided in 24
G.S. 122C-264(d). The district attorney of the district where respondent was found incapable of 25
proceeding may represent the State's interest at the hearing. If the district attorney elects to 26
represent the State's interest, upon motion of the district attorney, the venue for the hearing, 27
rehearings, and supplemental rehearings shall be the county in which the respondent was found 28
incapable of proceeding." 29
SECTION 3. This act is effective when it becomes law and applies to commitment 30
hearings initiated on or after that date. 31