Bill Summary for H 1048 (2011-2012)

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Summary date: 

May 22 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 1048 (Public) Filed Tuesday, May 22, 2012
TO AMEND THE LAWS GOVERNING INCAPACITY TO PROCEED, AS RECOMMENDED BY THE LEGISLATIVE RESEARCH COMMISSION.
Intro. by Randleman, Hurley, Faircloth, McGuirt.

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Bill summary

Amends GS 15A-1002 (determination of incapacity to proceed; temporary commitment; orders) to clarify that the court may appoint a medical expert or evaluator to examine a defendant charged with a misdemeanor or felony and return a report on the defendant’s mental health. Allows the court to call the appointed expert to testify at the hearing, with or without the request of either party. Clarifies that a judge must find that an examination is more appropriate to determine capacity when a defendant is ordered to a state facility without an examination (current law makes this provision applicable only to felony charges). Permits the court to order the defendant to a state facility to determine the defendant’s capacity at any time in the case of a defendant charged with a felony (current provision also applies to defendants charged with misdemeanors who have been examined). Requires a judge ordering an examination to order the release of confidential information to the examiner, after providing reasonable notice and an opportunity to be heard to the defendant. Requires the court order to include findings of fact to support the determination of the defendant’s capacity to proceed. Allows stipulation by the parties to capacity to proceed only. Sets out requirements and timelines to provide examination reports to the court.
Amends GS 15A-1004(c) to add that the court must order that the defendant be examined to determine whether the defendant has the capacity to proceed before being released from custody. Amends GS 15A-1007 (supplemental hearings) to clarify applicable timelines after a defendant gains capacity to proceed. Amends GS 15A-1008 (dismissal) to require (rather than permit) the court to dismiss charges at the earliest of three specified occurrences when the defendant lacks capacity to proceed. Adds provisions related to the circumstances of dismissal, including the allowance to refile charges. Makes a conforming change to repeal GS 15A-1009 (dismissal with leave when defendant incapable of proceeding). Makes additional clarifying changes.
Amends GS 122C-54(b) to require examination reports submitted by a facility to include any treatment recommendation and an opinion on the likelihood that the defendant will gain the capacity to proceed. Amends GS 122C-263(d) (concerning first examinations) to direct the physician or psychologist to examine the respondent for capacity to proceed if the respondent was involuntarily committed for examination. Makes the statutory amendments effective December 1, 2012.
Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) to adopt rules by December 1, 2012, to require appointed forensic evaluators to meet specified standards. Directs the Commission to adopt guidelines, by December 1, 2012, for the treatment of involuntarily committed persons following a determination of incapacity to proceed.