GENERAL ASSEMBLY OF NORTH CAROLINA

1991 SESSION

 

 

CHAPTER 257

HOUSE BILL 427

 

AN ACT TO CLARIFY THE ROLE OF THE ATTORNEY GENERAL'S OFFICE IN COMMITMENT HEARINGS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 122C-270(f) reads as rewritten:

"(f)      The Attorney General may employ four attorneys, one to be assigned by him full-time to each of the State facilities for the mentally ill, to represent the State's interest at commitment hearings, rehearings and supplemental hearings held under this Article at the State facilities for respondents admitted to those facilities pursuant to Part 3, 4, 7, or 8 of this Article or G.S. 15A-1321 and to provide liaison and consultation services concerning these matters.  These attorneys are subject to Chapter 126 of the General Statutes and shall also perform additional duties as may be assigned by the Attorney General. The attorney employed by the Attorney General in accordance with G.S. 114-4.2B shall represent the State's interest at commitment hearings, rehearings and supplemental hearings held at for respondents admitted to the University of North Carolina Hospitals at Chapel Hill under this Article. pursuant to Part 3, 4, 7, or 8 of this Article or G.S. 15A-1321."

Sec. 2.  G.S. 122C-268(b) reads as rewritten:

"(b)      The attorney, who is a member of the staff of the Attorney General assigned to one of the State's facilities for the mentally ill or the psychiatric service of the University of North Carolina Hospitals at Chapel Hill, shall represent the State's interest at commitment hearings, rehearings, and supplemental hearings held for respondents admitted pursuant to this Part or G.S. 15A-1321 at the facility to which he is assigned under this Part. assigned.

In addition, the Attorney General may, in his discretion, designate an attorney who is a member of his staff to represent the State's interest at any commitment hearing, rehearing, or supplemental hearing held in a place other than at one of the State's facilities for the mentally ill or the psychiatric service of the University of North Carolina Hospitals at Chapel Hill."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 11th day of June, 1991.

 

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James C. Gardner

President of the Senate

 

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Daniel Blue, Jr.

Speaker of the House of Representatives