S709: Allow Clerks to Dismiss Certain IVC Cases. Latest Version



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.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 122C‑266(d) reads as rewritten:

(d)      Pending the district court hearing, the physician attending the respondent may administer to the respondent reasonable and appropriate medication and treatment that is consistent with accepted medical standards. Except as provided in subsection (b) of this section, if at any time pending the district court hearing, the attending physician determines determines, upon further examination as specified in G.S. 122C‑263(c), that the respondent no longer meets the criteria of either G.S. 122C‑263(d)(1) or (d)(2), he the attending physician shall record these findings in writing, release the respondent and notify respondent, and send a copy of the written findings to the clerk of court and by reliable and expeditious means. Upon receipt of a written finding by an attending physician that a respondent has been released because the respondent no longer meets these criteria, the clerk of court shall terminate the proceedings shall be terminated.and enter a dismissal order specifying that the respondent no longer meets these criteria.

SECTION 2.  This act becomes effective October 1, 2021, and applies to cases pending on or after that date.