GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 43*

Short Title:  Automatic Commitment/Insanity.   	(Public)
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Sponsors: Senators Odom; Allran, Basnight, Blackmon, Block, Bryan, Carpenter, Carter, Cochrane, Daniel, Daughtry, Forrester, Hartsell, Johnson, Kincaid, Lee, Martin of Pitt, Marvin, Murphy, Parnell, Perdue, Plexico, Plyler, Pollard, Raynor, Royall, Sands, Seymour, Shaw, Simpson, Smith, Speed, Staton, Tally, Walker, and Ward.
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Referred to:  Judiciary II.
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February 7, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR AUTOMATIC COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY OF VIOLENT CRIMES AND SHIFTING BURDEN OF PROOF.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1321 reads as rewritten:
"§ 15A-1321. Civil commitment of defendants found not guilty by reason of insanity.
Except as provided in G.S. 15A-1321.1, when a defendant charged with a crime is found not guilty by reason of insanity by jury verdict or upon motion pursuant to G.S. 15A-959(c), the presiding judge upon such additional hearing, if any, as he determines to be necessary, shall determine whether there are reasonable grounds to believe the defendant meets the criteria for involuntary commitment under Part 7 of Article 5 of Chapter 122C of the General Statutes. If the presiding judge finds reasonable grounds to believe that the defendant meets the criteria, he shall make findings of fact and issue a custody order in the same manner, upon the same grounds, and with the same effect, as an order issued by a clerk or magistrate pursuant to G.S. 122C-261. Proceedings thereafter are in accordance with Part 7 of Article 5 of Chapter 122C of the General Statutes.  "
Sec. 2.  Article 80 of Chapter 15A is amended by adding a new section to read:
"§ 15A-1321.1.  Automatic commitment of defendants charged with a violent crime and found not guilty by reason of insanity.
	(a)	When a defendant charged with a violent crime, including a crime involving assault with a deadly weapon, is found not guilty by reason of insanity by jury verdict or upon motion pursuant to G.S. 15A-959(c), in lieu of an initial hearing for involuntary commitment pursuant to Part 7, Article 5, Chapter 122C, the presiding judge shall enter an order finding that the defendant has been found not guilty by reason of insanity of a violent crime and granting custody of the defendant to a law-enforcement officer, who shall take the defendant directly to a State 24-hour facility designated pursuant to G.S. 122C-252 to be committed to that facility for a period of not less than 50 days but not to exceed 90 days.
(b)	A defendant who is committed pursuant to subsection (a) of this section shall remain committed until such time as he is eligible for release pursuant to G.S. 122C-276 or G.S. 122C-277(b).
(c)	Notwithstanding any other provision of law, any hearing or rehearing concerning discharge or conditional release of a defendant charged with a violent crime and committed pursuant either to subsection (a) of this section or G.S. 15A-1321 shall take place in the trial division in which the original trial was held and shall be open to the public.  For purposes of this section ‘trial division' means either the Superior Court Division or the district court division of the General Court of Justice.
(d)	Upon receipt of notice pursuant to G.S. 122C-276(a) or G.S. 122C-276(b), the district attorney of the county in which the defendant was found not guilty by reason of insanity of a violent crime shall notify any persons he deems appropriate, including anyone who has filed a written request for notification with his office, of any hearing or rehearing concerning discharge or conditional release of that defendant.  Notice shall be sent by first class mail to the individual's last known address."
Sec. 3.  G.S. 122C-276 reads as rewritten:
"§ 122C-276. Inpatient commitment; rehearings.
(a)	Fifteen days before the end of the initial inpatient commitment period if the attending physician determines that commitment of a respondent beyond the initial period will be necessary, he shall so notify the clerk of superior court of the county in which the facility is located. The clerk, at least 10 days before the end of the initial period, on order of a district court judge of the district court district as defined in G.S. 7A-133 in which the facility is located, shall calendar the rehearing. 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 not guilty by reason of insanity or incapable of proceeding, the clerk shall also notify the chief district court judge, the clerk of superior court, and the district attorney in the county in which the respondent was found not guilty by reason of insanity or incapable of proceeding of the time and place of the hearing.
(b)	Fifteen days before the end of the initial treatment period of a respondent who was initially committed as a result of conduct resulting in his being charged with a violent crime, including a crime involving an assault with a deadly weapon, having been found not guilty by reason of insanity or incapable of proceeding, if the attending physician determines that commitment of the respondent beyond the initial period will not be necessary, he shall so notify the clerk of superior court who shall schedule a rehearing as provided in subsection (a) of this section.  Provided, that in no event shall rehearing be allowed for a respondent committed after being found not guilty by reason of insanity of commission of a violent crime before 50 days have passed since the date of his initial commitment to the State facility.
(c)	Subject to the provisions of G.S. 122C-269(c), rehearings shall be held at the facility in which the respondent is receiving treatment. The judge is a judge of the district court of the district court district as defined in G.S. 7A-133 in which the facility is located or a district court judge temporarily assigned to that district.
(d)	Notice and proceedings of rehearings are governed by the same procedures as initial hearings and the respondent has the same rights he had at the initial hearing including the right to appeal.  Provided, that in a rehearing for a respondent committed pursuant to G.S. 15A-1321.1, or G.S. 15A-1321 if charged with a violent crime, the respondent shall bear the burden to prove by a preponderance of the evidence that he is no longer mentally ill and that he is no longer either dangerous to himself or others and that, therefore, he is entitled to release.  For purposes of this section, dangerous to others means that within the 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 shall 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.
(e)	At rehearings the court may make the same dispositions authorized in G.S. 122C-271(b) except a second commitment order may be for an additional period not in excess of 180 days.
(f)	Fifteen days before the end of the second commitment period and annually thereafter, the attending physician shall review and evaluate the condition of each respondent; and if he determines that a respondent is in continued need of inpatient commitment or, in the alternative, in need of outpatient commitment, or a combination of both, he shall so notify the respondent, his counsel, and the clerk of superior court of the county, in which the facility is located. Unless the respondent through his counsel files with the clerk a written waiver of his right to a rehearing, the clerk, on order of a district court judge of the district in which the facility is located, shall calendar a rehearing for not later than the end of the current commitment period. The procedures and standards for the rehearing are the same as for the first rehearing. No third or subsequent inpatient recommitment order shall be for a period longer than one year.
(g)	At any rehearings the court has the option to order outpatient commitment for a period not in excess of 180 days in accordance with the criteria specified in G.S. 122C-263(d)(1) and following the procedures as specified in this Article."
Sec. 4.  G.S. 122C-277 reads as rewritten:
"§ 122C-277. Release and conditional release; judicial review.
(a)	Except as provided in subsection (b) 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 subsection (b) 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 not guilty by reason of insanity or 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.  Provided, that in no event shall discharge or conditional release be allowed for a respondent committed after being found not guilty by reason of insanity of committing a violent crime before 50 days have passed since the date of his initial commitment to the State facility. 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 not guilty by reason of insanity or incapable of proceeding may represent the State's interest at the hearing.  In such hearings as are conducted pursuant to this section for persons found not guilty by reason of insanity of committing a violent crime, the respondent shall bear the burden of proving by a preponderance of the evidence that he is no longer mentally ill and that he is no longer either dangerous to himself or others, and that, therefore, he is entitled to release.  For purposes of this section, dangerous to others means that within the 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 shall 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.
(c)	If a committed respondent under either subsection (a) or (b) 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."
Sec. 5.  This act becomes effective October 1, 1991.