INCAPACITY TO PROCEED.

View NCGA Bill Details2017-2018 Session
Senate Bill 388 (Public) Filed Thursday, March 23, 2017
AN ACT TO ALLOW REPORTS RECEIVED BY THE COURT ON THE LACK OF CAPACITY TO PROCEED TO BE SHARED WITH TREATMENT PROVIDERS AND TO STUDY THE LACK OF CAPACITY TO PROCEED PROCESS.
Intro. by Randleman.

Status: Ch. SL 2017-147 (Senate Action) (Jul 20 2017)

SOG comments (1):

Long Title Change

House committee substitute to the 1st edition makes changes to the long title. The original title is as follows:

AN ACT TO ALLOW REPORTS RECEIVED BY THE COURT ON INCAPACITY TO PROCEED TO BE SHARED WITH TREATMENT PROVIDERS.

Bill History:

S 388/S.L. 2017-147

Bill Summaries:

  • Summary date: Jul 25 2017 - More information

    AN ACT TO ALLOW REPORTS RECEIVED BY THE COURT ON THE LACK OF CAPACITY TO PROCEED TO BE SHARED WITH TREATMENT PROVIDERS AND TO STUDY THE LACK OF CAPACITY TO PROCEED PROCESS. Enacted July 20, 2017. Effective July 20, 2017.


  • Summary date: Jun 21 2017 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the act's long title.

    Directs the Department of Health and Human Services (Department) to convene a workgroup to evaluate the laws governing the lack of capacity to proceed process as specified. Details the composition of the workgroup. Directs the Department to present preliminary findings of the workgroup to the eight listed stakeholder organizations. Directs the workgroup to finalize recommendations for improvement to the system after consultation with the specified stakeholders, and directs the Department to report to the Joint Legislative Oversight Committees on Health and Human Services and on Justice and Public Safety by February 1, 2018. Details the required contents of the report, including solutions to reduce the number of persons who lack capacity to proceed, the number of persons who are referred to the State psychiatric hospitals, and the number of stays in the hospitals beyond the clinical needs of the person who lacks the capacity to proceed. 


  • Summary date: Mar 23 2017 - More information

    Amends GS 15A-1002 to direct that reports on a defendant's incapacity to proceed with criminal proceedings and relevant confidential information previously ordered to be released under subdivision (b)(4) of this statute be released to the clinicians at the defendant's capacity restoration program, to clinicians designated by the Secretary of Health and Human Services, and as directed by the court.


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