North Carolina HB 1104: Improve Involuntary Commitment Process and Enhance Public Safety.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025

SESSION LAW 2026-38
HOUSE BILL 1104

*H1104-v-7*
AN ACT TO IMPROVE THE INVOLUNTARY COMMITMENT PROCESS AND
INCREASE PUBLIC SAFETY AND TO IMPLEMENT AN INPATIENT CAPACITY
RESTORATION PROGRAM.

Whereas, the House Select Committee on Involuntary Commitment and Public Safety
met six times during the 2025 to 2026 biennium, conducted meaningful work and engaged in
productive discussion; and
Whereas, the House Select Committee on Involuntary Commitment and Public Safety
identified several areas needing further study and has made recommendations; Now, therefore,

The General Assembly of North Carolina enacts:

IMPROVE DATA COLLECTION AND FURTHER STUDY
SECTION 1.(a) The North Carolina Collaboratory (Collaboratory) shall study
relevant statutes, judicial and clinical practices, and available technological resources to identify
areas for systemic improvement in the involuntary commitment (IVC) process in the State. This
study shall identify existing gaps in the State's current IVC process and shall provide specific
recommendations to address or eliminate those gaps and ensure that individuals subject to
involuntary commitment receive timely, data-driven, and accessible support. No later than
December 1, 2026, the Collaboratory shall submit a progress report on the study, and no later
than March 1, 2027, the Collaboratory shall submit a final report on the study, to the Joint
Legislative Committee on Health and Human Services on the results of the study, which shall
include, at a minimum, all of the following:
(1) A comprehensive evaluation of the legal and operational frameworks
governing involuntary commitment in the State to provide formal
recommendations for systemic improvement. This evaluation shall focus on
the following:
a. Ensuring that judicial officers receive timely clinical data from
examiners to make informed, legally sound decisions regarding an
individual's safety and treatment needs.
b. Parameters for training judges and magistrates on community-based
services, such as Treatment Accountability for Safer Communities
(TASC), "Community Treatment" teams, and Forensic Assertive
Community Treatment (FACT) teams, to bolster treatment compliance
and reduce recidivism.
c. Collaborating with the University of North Carolina School of
Government to develop proposed clinical workflows, transport
guidance, and bench cards that ensure successful referrals across all
agencies.
d. The update of electronic examination forms, affidavits, and petitions
to capture consistent, high-quality data statewide.

Page 2 Session Law 2026-38 House Bill 1104
e. Strategies to increase data sharing between DHHS and the eCourts
system regarding IVC exams and court proceedings, including the
feasibility of a public-facing dashboard and necessary State statutory
changes.
f. The feasibility and potential benefits of granting law enforcement
access to IVC court records for the purpose of better informing law
enforcement procedures and operations.
(2) Any additional information deemed relevant by the Collaboratory to ensure
high-quality data collection and data-driven decision making across the
involuntary commitment system.
SECTION 1.(b) This section is effective when it becomes law.

PILOT PROGRAM TO USE TELEHEALTH IN JAILS TO COMPLETE IVC FIRST
EXAMINATION
SECTION 2.(a) The North Carolina Sheriffs' Association, Inc. (Sheriffs'
Association) shall create a proposal for the implementation of a pilot program to utilize telehealth
services to conduct first examinations for individuals in custody of county jails. The proposal
shall identify jails willing to participate in the program and determine any State funding needed
to operate the program.
SECTION 2.(b) No later than March 1, 2027, the Sheriffs' Association shall submit
the proposal required by subsection (a) of this section to the Joint Legislative Oversight
Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Health
and Human Services.

PLAN TO UTILIZE MOBILE CRISIS UNITS TO COMPLETE IVC FIRST
EXAMINATIONS
SECTION 3.(a) The Local Management Entities/Managed Care Organizations
(LME/MCOs) and the Department of Health and Human Services (DHHS) are directed to
develop a plan to use mobile crisis units to enhance the efficiency of the involuntary commitment
process. In developing this plan, the LME/MCOs and DHHS shall consult with relevant
stakeholders. The plan shall include at least all of the following:
(1) The development of a statewide coverage model that uses in-person clinicians
or on-call licensed clinicians in mobile crisis units to complete the first
examination for involuntary commitment.
(2) Recommendations to improve mobile crisis response.
(3) An analysis of the funding necessary to implement the plan, including costs
associated with training and technology.
(4) Any additional information that the LME/MCOs and DHHS deem relevant to
improving mobile crisis units.
SECTION 3.(b) No later than Octob