Involuntary Commitment Custody Order Defendant Found Incapable To Proceed {SP-304} | Pdf Fpdf Docx | North Carolina

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Involuntary Commitment Custody Order Defendant Found Incapable To Proceed {SP-304} | Pdf Fpdf Docx | North Carolina

Involuntary Commitment Custody Order Defendant Found Incapable To Proceed {SP-304}

This is a North Carolina form that can be used for Special Proceedings within Statewide.

Alternate TextLast updated: 1/2/2019

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en-USFile No. en-USSTATE OF NORTH CAROLINAen-US en-US Countyen-USIn The General Court Of Justiceen-USDistrict Court Divisionen-USIN THE MATTER OF en-USINVOLUNTARY COMMITMENTen-USCUSTODY ORDERen-USDEFENDANT FOUNDen-USINCAPABLE TO PROCEEDen-US(For Offenses Committed On Or Before Nov. 30, 2013)en-USG.S. 15A-1003, -1004; 122C-261, -262, -263en-USName And Address Of Respondenten-USI.en-US FINDINGS en-USThe respondent has been charged in File No.en-US en-USwith a criminal offense in the above named county and has been en-USfound incapable of en-USproceeding to trial under G.S. 15A-1002. The Court considered the opinion of en-USen-US en-US(name of forensic evaluator)en-US in en-USthe report dated en-US (list date of report)en-US as evidence of incapacity to proceed. A copy of the evaluator222s report is attached. en-USen-USdangerous to self or others or in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness in en-USthat en-USen-US þ 1. þ is probably mentally retarded, in that en-US þ 2. þ is charged with a violent crime in violation of G.S., in that en-US þ NOTE TO JUDGE: en-USen-UStreatment.en-USORDER en-USTo The Sheriff Of en-US en-US County: þ 1. þ The Court ORDERS you to take the above named respondent into custody and transport the respondent: þ þ a. þ to a local person authorized by law to conduct an examination, for examination. en-US þ þ b. þ directly to the 24-hour facility named below for temporary custody, examination and treatment pending a district court hearing. en-US en-US þ 2. þ The Court further ORDERS that you deliver a copy of the forensic evaluation report referenced in the Findings above, by the forensic evaluator en-USnamed above, to the 24-hour facility named below.en-USTo The Director Of The 24-Hour Facility Named Below: en-USThe Court ORDERS you to deliver a copy of the forensic evaluation report referenced above to the Assistant Attorney General and the Special Counsel at en-USthe program where the respondent is to receive capacity restoration and that report is ordered released to them.en-USen-USen-USen-USen-USen-USNotice To Hospital, Institution, 24-Hour Facility: en-USCriminal charges still are pending against the respondent. You must report to the Clerk in the above named county the condition of the defendant-respondent en-USand the likelihood of the defendant222s gaining capacity to proceed at the time of each commitment rehearing. You must also report if the defendant-respondent en-USregains capacity to proceed or if the defendant-respondent is released. If the defendant-respondent is released, he/she must be released to the law en-USenforcement agency named below.en-USNOTE:en-US en-US en-US(Over) American LegalNet, Inc. www.FormsWorkFlow.com en-USII.en-US RETURN OF SERVICE þ I certify that this Order was received and served as follows: en-USA. FOR USE WHEN RESPONDENT NOT CHARGED WITH VIOLENT CRIME en-USen-USen-USen-USen-USen-US en-US AM en-US PM en-US AM en-US PM þ 1. þ The respondent was presented to an authorized examiner locally available as shown below. þ 2. þ The respondent was temporarily detained at the facility named below until the respondent could be examined by an authorized examiner locally available. þ 1. þ Upon examination, the examiner named above found that the respondent did meet the criteria for outpatient commitment. I returned the respondent en-USto his/her regular residence or to the home of a consenting person. þ 2. þ Upon examination, the examiner named above found that the respondent did meet the criteria for inpatient commitment. þ þ I transported the respondent and placed the respondent in the temporary custody of the 24-hour facility named below for observation and en-UStreatment. þ þ I placed the respondent in the custody of the agency named below for transportation to the 24-hour facility. þ 3. þ Upon examination, the examiner named above found that the respondent did not meet the criteria for inpatient or outpatient commitment. I returned en-USthe respondent to his/her regular residence or the home of a consenting person. þ 4. þ en-USThe examiner222s written statement en-US is attached. en-US will be forwarded. en-USen-USen-USen-USen-USen-US en-US AM en-US PM en-USB. FOR USE WHEN RESPONDENT CHARGED WITH VIOLENT CRIME þ I transported the respondent directly to and placed him/her in the temporary custody of the facility named below. þ en-USnamed below for observation and treatment.en-USD. FOR USE WHEN STATE FACILITY TRANSFERS WITHOUT ADMISSION þ Pursuant to G.S. 122C-261(f), I took custody of the respondent from the State 24-hour facility named above, where he/she was not admitted, and en-UStransported the respondent and placed him/her in the temporary custody of the facility named below for observation and treatment. en-USen-USen-USen-USen-USen-US en-US AM en-US PM en-USen-USen-USen-USen-USen-US en-US AM en-US PM en-USen-USen-USen-USen-USen-US en-US AM en-US PM en-USC. FOR USE WHEN ANOTHER AGENCY TRANSPORTS THE RESPONDENT American LegalNet, Inc. www.FormsWorkFlow.com

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