Bill Text: NC H612 | 2011-2012 | Regular Session | Amended

North Carolina House Bill 612 (Prior Session Legislation)

Bill Title: Incapacity To Proceed/LRC Study

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed - Dead) 2011-06-09 - Ref To Com On Rules and Operations of the Senate [H612 Detail]

Download: North_Carolina-2011-H612-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

H 1

HOUSE JOINT RESOLUTION 612

Sponsors:

Representatives Randleman and Hurley (Primary Sponsors).

For a complete list of Sponsors, see Bill Information on the NCGA Web Site.

Referred to:

Rules, Calendar, and Operations of the House.

April 5, 2011

A JOINT RESOLUTION to authorize the legislative research commission to study the current criminal and mental health laws and procedures regarding incapacity to proceed to trial and involuntary commitment.

Be it resolved by the House of Representatives, the Senate concurring:

SECTION 1. The Legislative Research Commission may study the adequacy of the involuntary commitment process for a criminal defendant who lacks the capacity to proceed to trial. In its study, the Commission may consider the impact of current law on the limited resources of local law enforcement, hospitals, mental health facilities, and the State's court system while balancing the rights of the accused, victims, and the safety and the general welfare of the public. The Commission may also consider options for determining whether a defendant is likely to attain the capacity to proceed to trial in the foreseeable future and at what point in the process that determination should be made. The Commission shall evaluate the statutory option of taking dismissals in these types of cases for defendants who are charged with nonviolent crimes and for defendants who are charged with violent crimes, how often that option is used, and at what point and under what circumstances that option should be used. In addition, the Commission may consider all of the following: issues related to transportation, including the frequency, distance, and cost associated with the required psychiatric evaluations; duration of involuntary commitment for defendants found incapable of proceeding to trial pursuant to Article 56 of Chapter 15A of the General Statutes and involuntarily committed pursuant to Part 7 of Article 5 of Chapter 122C of the General Statutes; and any other issues the Commission considers relevant to this topic.

SECTION 2. The Legislative Research Commission may make an interim report to the 2011 General Assembly when it reconvenes in 2012 and shall make its final report to the 2013 General Assembly.

SECTION 3. This resolution is effective upon ratification.