2009 North Carolina Code
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985.
§ 122C-276.1. Inpatient commitment; rehearings for respondents who are insanity acquittees.

§ 122C‑276.1.  Inpatient commitment; rehearings for respondents who are insanity acquittees.

(a)        At least 15 days before the end of any inpatient commitment period ordered pursuant to G.S. 122C‑268.1, the clerk shall calendar the hearing and notify the parties as specified in G.S. 122C‑264(d1), unless the hearing is waived by the respondent.

(b)        The proceedings of the rehearing shall be governed by the same procedures provided by G.S. 122C‑268.1.

(c)        The respondent shall bear the burden to prove by a preponderance of the evidence that he (i) no longer has a mental illness as defined in G.S. 122C‑3(21), or (ii) is no longer dangerous to others as defined in G.S. 122C‑3(11)b. If the court is so satisfied, then the court shall order the respondent discharged and released. If the court finds that the respondent has not met his burden of proof, then the court shall order inpatient commitment be continued for a period not to exceed 180 days. The court shall make a written record of the facts that support its findings.

(d)        At least 15 days before the end of any commitment period ordered pursuant to subsection (c) of this section and annually thereafter, the clerk shall calendar the hearing and notify the parties as specified in G.S. 122C‑264(d1). The procedures and standards for the rehearing are the same as under this section. No third or subsequent inpatient recommitment order shall be for a period longer than one year. (1991, c. 37, s. 3; 1991 (Reg. Sess., 1992), c. 1034, s. 4.)