Involuntary Commitment Custody Defendant Incapable To Proceed (On Or After 12 1 13 {SP-304B}

AOC-SP-304B - INVOLUNTARY COMMITMENT CUSTODY ORDER DEFENDANT FOUND INCAPABLE TO PROCEED (For Offenses Committed On Or After Dec. 1, 2013). This form is used by North Carolina courts when a criminal defendant has been found mentally incapable of standing trial, as defined under G.S. 15A-1002. This form authorizes law enforcement to take the defendant into custody for mental health evaluation and potential treatment. It is specifically for offenses committed on or after December 1, 2013. Based on medical evaluations and judicial findings, the court may order the defendant to be transported either to a local examiner or directly to a 24-hour mental health facility, depending on the nature of the charges, including whether the offense was violent. The form includes detailed instructions for law enforcement regarding transport, custody, and the delivery of forensic evaluation reports to mental health professionals and relevant legal parties. It also informs the receiving facility that criminal charges remain pending and outlines how to proceed with the defendant’s release or further evaluation. G.S. 15A-1003, -1004; 122C-261, -262, -263. www.FormsWorkflow.com