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Motion And Order Committing Defendant To Central Regional Hospital Raleigh Campus Form. This is a North Carolina form and can be use in Criminal Statewide.
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Tags: Motion And Order Committing Defendant To Central Regional Hospital Raleigh Campus, CR-208, North Carolina Statewide, Criminal
File No.
STATE OF NORTH CAROLINA
In The General Court Of Justice
District
Superior Court Division
County
Name Of Defendant
MOTION AND ORDER
COMMITTING DEFENDANT
TO CENTRAL REGIONAL HOSPITAL RALEIGH CAMPUS FOR EXAMINATION
ON CAPACITY TO PROCEED
G.S. 15A-1002
Offense (copy of charging document(s) attached)
NOTE: A person charged with a misdemeanor must have a local examination before an examination at Central Regional Hospital - Butner Campus may
be ordered. In felony cases, a local examination must be ordered before an examination at Central Regional Hospital - Butner Campus if the court
finds that a local impartial medical expert or forensic evaluator certified under the rules of the Commission for Mental Health, Developmental
Disabilities and Substance Abuse Services is available and appropriate. To order a local examination, use form AOC-CR-207.
NOTE: The address for Central Regional Hospital - Butner Campus is Forensics Services Unit, Central Regional Hospital - Butner Campus,
300 Veazey Road, Butner, NC 27509. The telephone number is 919-764-5009 and the fax number is 919-764-5022.
MOTION QUESTIONING DEFENDANT'S CAPACITY TO PROCEED
The undersigned moves that the above named defendant be examined to determine whether by reason of mental illness or defect the
defendant is unable to understand the nature and object of the proceedings against the defendant, to comprehend his/her own situation
in reference to the proceedings, or to assist in his/her defense in a rational or reasonable manner. The specific conduct that leads the
moving party to question the defendant's capacity to proceed is as follows:
Date
Signature
Prosecutor
Defendant's Attorney
Judge
CERTIFICATE OF SERVICE BY MOVING PARTY
I certify that a copy of this Motion was served by:
delivering a copy personally to the
defendant's attorney.
prosecutor.
defendant.
depositing a copy, enclosed in a postpaid properly addressed wrapper, in a post office or official depository under the exclusive care
and custody of the U.S. Postal Service directed to the
defendant's attorney.
prosecutor.
defendant.
leaving a copy at the office of the
defendant's attorney with an associate or employee.
prosecutor with an associate or employee.
Name And Title Of Person With Whom Copy Left
Service accepted by:
defendant's attorney.
prosecutor.
Signature Of Person Accepting Service
defendant.
Date Served
Signature Of Person Serving
Title
Original-File
AOC-CR-208, Rev. 1/11
© 2011 Administrative Office of the Courts
Copy-Hospital
Copy-Moving Party
(Over)
Copy-Opposing Party
Copy - Sheriff
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FINDINGS
This cause was heard before the undersigned judge upon the motion of the person named on the reverse questioning the defendant's
capacity to proceed. Having considered the motion, and after hearing evidence, the Court finds that:
1. The defendant's capacity to proceed
is in question.
is not in question.
2. The defendant is charged with
a misdemeanor.
a felony.
3. The defendant has been examined in connection with the current charges by one or more local impartial medical experts or
forensic evaluators certified under the rules of the Commission for Mental Health, Developmental Disabilities and Substance Abuse
Services.
(NOTE: A person charged with a misdemeanor must have a local examination before an examination at a state facility may be ordered.)
4. An examination of the defendant at Central Regional Hospital - Butner Campus to determine the defendant's capacity would be
more appropriate under the provisions of G.S. 15A-1002(b)(2) than a local evaluation.
ORDER
It is ORDERED that:
1. The defendant be committed to Central Regional Hospital - Raleigh Campus for a period not to exceed sixty (60) days for observation and
treatment, pursuant to G.S. 15A-1002, to determine the defendant's capacity to proceed. The moving party shall provide Central Regional Hospital Raleigh Campus with a copy of this Order, the defendant's charging document(s) and any local forensic report on the defendant. The Director of
Central Regional Hospital - Raleigh Campus must direct a written report describing the present state of the defendant's mental health to the defense
attorney and to the Clerk of Superior Court for the above referenced county. The sheriff of this county shall transfer the defendant and all relevant
documents to Central Regional Hospital - Raleigh Campus and shall return the defendant to this county when notified that the evaluation has been
completed.
Upon presentation of a copy of this Order by the forensic evaluator designated by Central Regional Hospital - Butner Campus, any physician or
clinician, licensed health care facility, licensed health care provider, local management entity (LME), area mental health program, the North Carolina
Department of Correction, the North Carolina Department of Juvenile Justice and Delinquency Prevention, any county detention facility, or any
school district is hereby authorized and required to furnish copies of all records, including school records and records containing information relating
to alcohol abuse, drug abuse and psychological or psychiatric conditions, concerning defendant to the forensic evaluator designated by Central
Regional Hospital - Butner Campus.
Upon request of the forensic evaluator designated by Central Regional Hospital - Butner Campus, counsel for the State and defendant shall furnish
to the forensic evaluator designated by Central Regional Hospital - Butner Campus such records and information in counsel's possession as the
evaluator requests, including but not limited to copies of law enforcement reports, investigations, witness statements, statements by defendant,
defendant's medical records, and prior psychiatric or psychological evaluations of defendant. Nothing herein shall be construed to require counsel to
divulge any information, documents, notes, or memoranda that are protected by attorney-client privilege or work-product doctrine.
2. The motion is denied as the defendant's capacity to proceed is not in question.
Name And Address Of Defendant's Attorney
Date
Signature Of Presiding Judge
Telephone No.
Name Of Presiding Judge (Type Or Print)
RETURN OF SERVICE
I certify that this Order was received and served as follows:
By transporting the defendant to Central Regional Hospital - Butner Campus.
Other: (specify)
Signature Of Deputy Sheriff Making Return
Date Received
Date Served
Name Of Deputy Sheriff Making Return (Type Or Print)
Date Of Return
County Of Sheriff
Name Of Sheriff (Type or Print)
CAPACITY DETERMINATION
Following a hearing under G.S. 15A-1002, and a review of the record in this case, including the forensic evaluation of the defendant, the
court has determined that (check one)
1. the defendant is ABLE to understand the nature and object of the proceedings against him/her, to comprehend his/her own
situation in reference to the proceedings, and to assist in his/her defense in a rational and reasonable manner. Accordingly, this
matter shall proceed.
2. by reason of mental illness or defect, the defendant is UNABLE to (check all that apply)
understand the nature and object of
the proceedings against him/her
comprehend his/her own situation in reference to the proceedings
assist in his/her
defense in a rational or reasonable manner and therefore the defendant lacks capacity to proceed.
Date
Name Of Presiding Judge (Type Or Print)
AOC-CR-208, Side Two, Rev. 1/11
© 2011 Administrative Office of the Courts
Signature Of Presiding Judge
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