Bill Summary for S 709 (2021-2022)

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Summary date: 

Apr 8 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 709 (Public) Filed Wednesday, April 7, 2021
AN ACT ALLOWING CLERKS OF COURT TO DISMISS INVOLUNTARY COMMITMENT PROCEEDINGS AT ANY TIME PENDING A DISTRICT COURT HEARING UPON A DETERMINATION BY THE ATTENDING PHYSICIAN THAT THE RESPONDENT NO LONGER MEETS THE CRITERIA FOR INVOLUNTARY COMMITMENT.
Intro. by Garrett.

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Bill summary

Revises GS 122C-266(d), which requires an attending physician to release a respondent and notify the clerk of court to dismiss involuntary commitment proceedings if, at any time pending the district court hearing, the attending physician determines that the respondent no longer meets the criteria for outpatient or inpatient commitment set forth in GS 122C-263(d)(1) and (2), applicable to first examinations. Now requires the attending physician to release the respondent if, at any time pending the district court hearing, the attending physician determines in a subsequent examination following an instance where the commitment examiner noted that the first examination was not satisfactorily accomplished (pursuant to GS 122C-263(c)) that the respondent no longer meets the criteria set forth in GS 122C-263(d)(1) and (2). Requires the attending physician to record the findings in writing, release the respondent, and send a copy of the written findings to the clerk of court by reliable and expeditious means. Directs the clerk to then terminate the proceeding and enter a dismissal order specifying that the respondent no longer meets the criteria for involuntary commitment. Applies to cases pending on or after October 1, 2021.