AN ACT TO PROVIDE THAT an ORDER ISSUED BY the clerk of court, the MAGISTRATE, or the court FOR custody relating to INVOLUNTARY commitment is VALID THROUGHOUT THE STATE.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 122C‑261(e) reads as rewritten:
"(e)	Upon receipt of the custody order of the clerk or magistrate or a custody order issued by the court pursuant to G.S. 15A‑1003, a law enforcement officer or other person designated in the order shall take the respondent into custody within 24 hours after the order is signed, and proceed according to G.S. 122C‑263. The custody order is valid throughout the State."
SECTION 1.(b)  G.S. 122C‑281(e) reads as rewritten:
"(e)	Upon receipt of the custody order of the clerk or magistrate, a law‑enforcement officer or other person designated in the order shall take the respondent into custody within 24 hours after the order is signed. The custody order is valid throughout the State."
SECTION 2.(a)  G.S. 122C‑265(a) reads as rewritten:
"§ 122C‑265.  Outpatient commitment; examination and treatment pending hearing.
(a)	If a respondent, who has been recommended for outpatient commitment by an examining physician or eligible psychologist different from the proposed outpatient treatment physician or center, fails to appear for examination by the proposed outpatient treatment physician or center at the designated time, the physician or center shall notify the clerk of superior court who shall issue an order to a law‑enforcement officer or other person authorized under G.S. 122C‑251 to take the respondent into custody and take him immediately to the outpatient treatment physician or center for evaluation. The custody order is valid throughout the State. The law‑enforcement officer may wait during the examination and return the respondent to his home after the examination."
SECTION 2.(b)  G.S. 122C‑273(a)(2) reads as rewritten:
"§ 122C‑273.  Duties for follow‑up on commitment order.
(a)	Unless prohibited by Chapter 90 of the General Statutes, if the commitment order directs outpatient treatment, the outpatient treatment physician may prescribe or administer, or the center may administer, to the respondent reasonable and appropriate medication and treatment that are consistent with accepted medical standards.
…
(2)	If the respondent fails to comply, but does not clearly refuse to comply, with all or part of the prescribed treatment after reasonable effort to solicit the respondent's compliance, the physician, the physician's designee, or the center may request the court to order the respondent taken into custody for the purpose of examination. Upon receipt of this request, the clerk shall issue an order to a law‑enforcement officer to take the respondent into custody and to take him immediately to the designated outpatient treatment physician or center for examination. The custody order is valid throughout the State. The law‑enforcement officer shall turn the respondent over to the custody of the physician or center who shall conduct the examination and then release the respondent. The law‑enforcement officer may wait during the examination and return the respondent to his home after the examination. An examination conducted under this subsection in which a physician or eligible psychologist determines that the respondent meets the criteria for inpatient commitment may be substituted for the first examination required by G.S. 122C‑263 if the clerk or magistrate issues a custody order within six hours after the examination was performed.
…."
SECTION 2.(c)  G.S. 122C‑290(b) reads as rewritten:
"(b)	If the respondent whose treatment is provided on an outpatient basis fails to comply with all or part of the prescribed treatment after reasonable effort to solicit the respondent's compliance or whose treatment is provided on an inpatient basis is discharged in accordance with G.S. 122C‑205.1(b), the area authority or physician may request the clerk or magistrate to order the respondent taken into custody for the purpose of examination. Upon receipt of this request, the clerk or magistrate shall issue an order to a law enforcement officer to take the respondent into custody and to take him immediately to the designated area authority or physician for examination. The custody order is valid throughout the State. The law enforcement officer shall turn the respondent over to the custody of the physician or area authority who shall conduct the examination and release the respondent or have the respondent taken to a 24‑hour facility upon a determination that treatment in the facility will benefit the respondent. Transportation to the 24‑hour facility shall be provided as specified in G.S. 122C‑251, upon notice to the clerk or magistrate that transportation is necessary, or as provided in G.S. 122C‑408(b). If placement in a 24‑hour facility is to exceed 45 consecutive days, the area authority or physician shall notify the clerk of court by the 30th day and request a supplemental hearing as specified in G.S. 122C‑291."
SECTION 3.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 21st day of June, 2004.

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		 Beverly E. Perdue
	 President of the Senate

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		 James B. Black
	 Speaker of the House of Representatives

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		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2004