122C-277. Release and conditional release; judicial review.
(a) Except as provided in subsections (b) and (b1) of this section, the attending physician shall discharge a committed respondent unconditionally at any time he determines that the respondent is no longer in need of inpatient commitment. However, if the attending physician determines that the respondent meets the criteria for outpatient commitment as defined in G.S. 122C-263(d)(1), he may request the clerk to calendar a supplemental hearing to determine whether an outpatient commitment order shall be issued. Except as provided in subsections (b) and (b1) of this section, the attending physician may also release a respondent conditionally for periods not in excess of 30 days on specified medically appropriate conditions. Violation of the conditions is grounds for return of the respondent to the releasing facility. A law-enforcement officer, on request of the attending physician, shall take a conditional releasee into custody and return him to the facility in accordance with G.S. 122C-205. Notice of discharge and of conditional release shall be furnished to the clerk of superior court of the county of commitment and of the county in which the facility is located.
(b) If the respondent was initially committed as the result of conduct resulting in his being charged with a violent crime, including a crime involving an assault with a deadly weapon, and respondent was found incapable of proceeding, 15 days before the respondent's discharge or conditional release the attending physician shall notify the clerk of superior court of the county in which the facility is located of his determination regarding the proposed discharge or conditional release. The clerk shall then schedule a rehearing to determine the appropriateness of respondent's release under the standards of commitment set forth in G.S. 122C-271(b). The clerk shall give notice as provided in G.S. 122C-264(d). The district attorney of the district where respondent was found incapable of proceeding may represent the State's interest at the hearing.
(b1) If the respondent was initially committed pursuant to G.S. 15A-1321, 15 days before the respondent's discharge or conditional release the attending physician shall notify the clerk of superior court. The clerk shall calendar a hearing and shall give notice as provided by G.S. 122C-264(d1). The district attorney for the original trial may represent the State's interest at the hearing. The hearing shall be conducted under the standards and procedures set forth in G.S. 122C-268.1. Provided, that in no event shall discharge or conditional release under this section be allowed for a respondent during the period from automatic commitment to hearing under G.S. 122C-268.1.
(c) If a committed respondent under subsections (a), (b), or (b1) of this section is from a single portal area, the attending physician shall plan jointly with the area authority as prescribed in the area plan before discharging or releasing the respondent. (1973, c. 726, s. 1; c. 1408, s. 1; 1981, c. 537, s. 5; 1983, c. 383, s. 6; c. 638, s. 21; c. 864, s. 4; 1985, c. 589, s. 2; 1991, c. 37, s. 6.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
Article 5 - Procedures for Admission and Discharge of Clients.
§ 122C-201 - Declaration of policy.
§ 122C-202 - Applicability of Article.
§ 122C-202.1 - Hospital privileges.
§ 122C-203 - Admission or commitment and incompetency proceedings to have no effect on one another.
§ 122C-204 - Civil liability for corruptly attempting admission or commitment.
§ 122C-205 - Return of clients to 24-hour facilities.
§ 122C-205.1 - Discharge of clients who escape or breach the condition of release.
§ 122C-208 - Voluntary admission not admissible in involuntary proceeding.
§ 122C-209 - Voluntary admissions acceptance.
§ 122C-210 - Guardian to pay expenses out of estate.
§ 122C-210.1 - Immunity from liability.
§ 122C-210.2 - Research at State facilities for the mentally ill.
§ 122C-210.3 - Electronic and facsimile transmission of custody orders.
§ 122C-216 - Voluntary admission of individuals determined to be incapable.
§ 122C-217 - Discharge of individuals determined to be incapable.
§ 122C-222 - Admissions to State facilities.
§ 122C-223 - Emergency admission to a 24-hour facility.
§ 122C-224 - Judicial review of voluntary admission.
§ 122C-224.1 - Duties of clerk of court.
§ 122C-224.2 - Duties of the attorney for the minor.
§ 122C-224.3 - Hearing for review of admission.
§ 122C-224.5 - Transportation.
§ 122C-224.6 - Treatment pending hearing and after authorization for or concurrence in admission.
§ 122C-230 - Applicability of Part 4.
§ 122C-232 - Judicial determination.
§ 122C-251 - Custody and transportation.
§ 122C-252 - Twenty-four hour facilities for custody and treatment of involuntary clients.
§ 122C-253 - Fees under commitment order.
§ 122C-254 - Housing responsibility for certain clients in or escapees from involuntary commitment.
§ 122C-262 - Special emergency procedure for individuals needing immediate hospitalization.
§ 122C-263 - Duties of law enforcement officer; first examination.
§ 122C-263.2 - Mental health crisis managementreasonable safety and containment measures.
§ 122C-264 - Duties of clerk of superior court and the district attorney.
§ 122C-265 - Outpatient commitment; examination and treatment pending hearing.
§ 122C-266 - Inpatient commitment; second examination and treatment pending hearing.
§ 122C-267 - Outpatient commitment; district court hearing.
§ 122C-268 - Inpatient commitment; district court hearing.
§ 122C-268.1 - Inpatient commitment; hearing following automatic commitment.
§ 122C-269 - Venue of hearing when respondent held at a 24-hour facility pending hearing.
§ 122C-270 - Attorneys to represent the respondent and the State.
§ 122C-273 - Duties for follow-up on commitment order.
§ 122C-274 - Supplemental hearings.
§ 122C-275 - Outpatient commitment; rehearings.
§ 122C-276 - Inpatient commitment; rehearings for respondents other than insanity acquittees.
§ 122C-276.1 - Inpatient commitment; rehearings for respondents who are insanity acquittees.
§ 122C-277 - Release and conditional release; judicial review.
§ 122C-278 - Reexamination for capacity to proceed prior to discharge.
§ 122C-281 - Affidavit and petition before clerk or magistrate; custody order.
§ 122C-282 - Special emergency procedure for violent individuals.
§ 122C-283 - Duties of law enforcement officer; first examination by commitment examiner.
§ 122C-284 - Duties of clerk of superior court.
§ 122C-285 - Commitment; second examination and treatment pending hearing.
§ 122C-286 - Commitment; district court hearing.
§ 122C-289 - Duty of assigned counsel; discharge.
§ 122C-290 - Duties for follow-up on commitment order.
§ 122C-291 - Supplemental hearings.
§ 122C-293 - Release by area facility or physician.
§ 122C-294 - Local plan and data submission.
§ 122C-302 - Cities and counties may employ officers to assist intoxicated individuals.
§ 122C-303 - Use of jail for care for intoxicated individual.
§ 122C-311 - Individuals on parole.
§ 122C-321 - Voluntary admissions and discharges.
§ 122C-322 - Involuntary commitments.
§ 122C-331 - Voluntary admissions and discharges.
§ 122C-332 - Involuntary commitments.
§ 122C-333 - Order of another state.
§ 122C-341 - Determination of residence.
§ 122C-342 - Voluntary admissions and discharges.
§ 122C-343 - Involuntary commitments.
§ 122C-344 - Citizens of other countries.
§ 122C-345 - Return of a non-State resident client to his resident state.
§ 122C-346 - Authority of the Secretary to enter reciprocal agreements.
§ 122C-347 - Return of North Carolina resident clients from other states.
§ 122C-348 - Residency not affected.
§ 122C-361 - Compact entered into; form of Compact.
§ 122C-362 - Compact Administrator.
§ 122C-363 - Supplementary agreements.
§ 122C-364 - Financial arrangements.