HB 908 — Modify Civil Commitment Hearing Procedures.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 908 Committee Substitute Favorable 4/29/25 Short Title:

ModifyDiscretionary CivilDismissal Commitmentof HearingCharges/Capacity. Procedures.

Representative Greene.

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 3, if favorable, Rules, Calendar, and Operations of the House April 14, 2025 A BILL TO BE ENTITLED AN ACT TO MODIFYGIVE JUDGES DISCRETION REGARDING THE PROCEDURESDISMISSALOF RELATEDCRIMINAL TOCHARGES NOTICEWHEN ANDA VENUEDEFENDANT FORLACKS CIVILCAPACITY COMMITMENTTO HEARINGS.PROCEED.

122C-268(c)15A-1008(a) reads as rewritten:

"(c)"(a) IfWhen the respondent's custody order indicates that he the respondent was charged with a violentdefendant crime,lacks includingcapacity ato crimeproceed, involving an assault with a deadly weapon, and that he the respondentcourt wasshall foundmay incapabledismiss of proceeding, the clerkcharges shallupon give notice of the timeearliest and place of the hearingfollowing tooccurrences: the chief district judge and the district attorney in the county in which the defendant was found incapable of proceeding as provided in G.S.

122C-264(d).…." SECTION 2.

TheThis districtact attorneyinis theeffective countywhen init whichbecomes thelaw respondentand wasapplies foundto incapableoffenses ofcommitted proceedingon mayor representafter thethat State'sdate. interest at the hearing.

If*H908-v-1* the district attorney elects to represent the State's interest, upon motion of the district attorney, the venue for the hearing, rehearings, and supplemental rehearings shall be the county in which the respondent was found incapable of proceeding." SECTION 2.

G.S.

122C-277(b) reads as rewritten:

"(b) If the respondent was initially committed as the result of conduct resulting in his the respondent being charged with a violent crime, including a crime involving an assault with a deadly weapon, and respondent was found incapable of proceeding, 15 days before the respondent's discharge or conditional release the attending physician shall notify facility shall notifythe district attorneyofthe district where the respondent was found incapableofproceeding and the clerk of superior court of the county in which the facility is located of his or her determination regarding the proposed discharge or conditional release.

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 incapable of proceeding may represent the State's interest at the hearing.

If the district attorney elects to represent the State's interest, upon motion of the district attorney, the venue for the hearing, rehearings, and supplemental rehearings shall be the county in which the respondent was found incapable of proceeding." SECTION 3.

This act is effective when it becomes law and applies to commitment hearings initiated on or after that date.

*H908-v-2*