GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 486
The General Assembly of North Carolina enacts:
Section 1. G.S. 15A-1002 reads as rewritten:
"§ 15A-1002. Determination of incapacity to proceed; evidence; temporary commitment; temporary orders.
(a) The question of the capacity of the defendant to proceed may be raised at any time on motion by the prosecutor, the defendant, the defense counsel, or the court. The motion shall detail the specific conduct that leads the moving party to question the defendant's capacity to proceed.
(b) When the capacity
of the defendant to proceed is questioned, the court shall hold a hearing to
determine the defendant's capacity to proceed. If an examination is ordered
pursuant to subdivisions (1) or (2) below, the hearing shall be held after the
examination. Reasonable notice shall be given to the defendant and prosecutor,
and the State and the defendant may introduce evidence. When the
capacity of the defendant to proceed is questioned, the The court:
(1) May appoint one or
more impartial medical experts experts, including forensic evaluators
approved under rules of the Commission for Mental Health, Mental Retardation,
and Substance Abuse Services, to examine the defendant and return a written
report describing the present state of the defendant's mental health.
Reports ;reports so prepared are admissible at the hearing and the
court may call any expert so appointed to testify at the hearing. In
addition, ; any expert so appointed may be called to testify at the
hearing by the court at the request of either party. ; or
(2) In the case of a
defendant charged with a misdemeanor only after the examination pursuant to
subsection (b)(1) of this section or at any time in the case of a defendant
charged with a felony, May commit may order the defendant to
a State mental health facility for the mentally ill for
observation and treatment for the period, not to exceed 60 days, necessary
to determine the defendant's capacity to proceed. In no event may the period
exceed 60 days. The ; the director of the facility must shall
direct his report on defendant's condition to the defense attorney and to
the clerk of superior court, who must shall bring it to the
attention of the court. The ; the report is admissible at the
hearing. ; if the report indicates that the defendant has capacity to
proceed, the clerk shall direct the sheriff to return him to the county.
(b1) If the report pursuant to subdivisions (1) or (2) of subsection (b) of this section indicates that the defendant lacks capacity to proceed, proceedings for involuntary civil commitment under Chapter 122C of the General Statutes may be instituted on the basis of the report in either the county where the criminal proceedings are pending or, if the defendant is hospitalized, in the county in which the defendant is hospitalized.
a. If
the report indicates that the defendant lacks capacity to proceed, proceedings
for involuntary civil commitment under Chapter 122C of the General Statutes may
be instituted on the basis of the report in either the county where the
criminal proceedings are pending or in the county in which the defendant is
hospitalized.
b. If
the report indicates that the defendant has capacity to proceed, the clerk must
direct the sheriff to return him to the county.
(3) Must hold a hearing
to determine the defendant's capacity to proceed. If examination is ordered
pursuant to subdivision (1) or (2), the hearing must be held after the
examination. Reasonable notice must be given to the defendant and to the
prosecutor and the State and the defendant may introduce evidence.
(c) The court may make appropriate temporary orders for the confinement or security of the defendant pending the hearing or ruling of the court on the question of the capacity of the defendant to proceed.
(d) Any report made to
the court pursuant to this section shall be forwarded to the clerk of
superior court in a sealed envelope addressed to the attention of a presiding
judge, with a covering statement to the clerk of the fact of the examination of
the defendant and any conclusion as to whether the defendant has or lacks
capacity to proceed. A copy of the full report must shall be
forwarded to defense counsel, or to the defendant if he is not represented by
counsel provided, if the question of the defendant's capacity to proceed is
raised at any time, a copy of the full report must be forwarded to the district
attorney. Until such report becomes a public record, the full report to the
court shall be kept under such conditions as are directed by the court, and its
contents shall not be revealed except as directed by the court. Any report made
to the court pursuant to this section shall not be a public record unless
introduced into evidence."
Sec. 2. G.S. 122C-3(11) reads as rewritten:
"(11) 'Dangerous to himself or others' means:
a. 'Dangerous
to himself' means that within the recent relevant past:
1. The individual has acted in such a way as to show:
I. That he would be unable, without care, supervision, and the continued assistance of others not otherwise available, to exercise self-control, judgment, and discretion in the conduct of his daily responsibilities and social relations, or to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety; and
II. That there is a reasonable probability of his suffering serious physical debilitation within the near future unless adequate treatment is given pursuant to this Chapter. A showing of behavior that is grossly irrational, of actions that the individual is unable to control, of behavior that is grossly inappropriate to the situation, or of other evidence of severely impaired insight and judgment shall create a prima facie inference that the individual is unable to care for himself; or
2. The individual has attempted suicide or threatened suicide and that there is a reasonable probability of suicide unless adequate treatment is given pursuant to this Chapter; or
3. The individual has mutilated himself or attempted to mutilate himself and that there is a reasonable probability of serious self-mutilation unless adequate treatment is given pursuant to this Chapter.
Previous episodes of dangerousness to self, when applicable, may be considered when determining reasonable probability of physical debilitation, suicide, or self-mutilation.
b. 'Dangerous
to others' means that within the recent relevant past, the
individual has inflicted or attempted to inflict or threatened to inflict
serious bodily harm on another, or has acted in such a way as to create a
substantial risk of serious bodily harm to another, or has engaged in extreme
destruction of property; and that there is a reasonable probability that this
conduct will be repeated. Previous episodes of dangerousness to others, when
applicable, may be considered when determining reasonable probability of future
dangerous conduct. Clear, cogent, and convincing evidence that an
individual has committed a homicide in the relevant past is prima facie
evidence of dangerousness to others."
Sec. 3. Section 1 of this act shall become effective October 1, 1989. Section 2 of this act is effective upon ratification.
In the General Assembly read three times and ratified this the 28th day of June, 1989.