§ 122C-205. Return of clients to 24-hour facilities. - North Carolina Statutes

§122C‑205.  Return of clients to 24‑hour facilities.

(a)        When a client of a24‑hour facility who:

(1)        Has beeninvoluntarily committed;

(2)        Is being detainedpending a judicial hearing;

(3)        Has been voluntarilyadmitted but is a minor or incompetent adult;

(4)        Has been placed onconditional release from the facility; or

(5)        Has beeninvoluntarily committed or voluntarily admitted and is the subject of adetainer placed with the 24‑hour facility by an appropriate official

escapes or breaches a conditionof his release, if applicable, the responsible professional shall notify orcause to be notified immediately the appropriate law enforcement agency in thecounty of residence of the client, the appropriate law enforcement agency inthe county where the facility is located, and the appropriate law enforcementagency in any county where there are reasonable grounds to believe that theclient may be found.  The responsible professional shall determine the amountof personal identifying and background information reasonably necessary todivulge to the law enforcement agency or agencies under the particularcircumstances involved in order to assure the expeditious return of the clientto the 24‑hour facility involved and protect the general public.

(b)        When a competentadult who has been voluntarily admitted to a 24‑hour facility escapes orbreaches a condition of his release, the responsible professional, in theexercise of accepted professional judgment, practice, and standards, willdetermine if it is reasonably foreseeable that:

(1)        The client may causephysical harm to others or himself;

(2)        The client may causedamage to property;

(3)        The client maycommit a felony or a violent misdemeanor; or

(4)        That the health orsafety of the client may be endangered

unless he is immediately returnedto the facility.  If the responsible professional finds that any or all ofthese occurrences are reasonably foreseeable, he will follow the sameprocedures as those set forth in subsection (a) of this section.

(c)        Upon receipt ofnotice of an escape or breach of a condition of release as described insubsections (a) and (b) of this section, an appropriate law enforcement officershall take the client into custody and have the client returned to the 24‑hourfacility from which the client has escaped or has been conditionally released. Transportation of the client back to the 24‑hour facility shall beprovided in the same manner as described in G.S. 122C‑251 and G.S. 122C‑408(b). Law enforcement agencies who are notified of a client's escape or breach ofconditional release shall be notified of the client's return by the responsible24‑hour facility.  Under the circumstances described in this section, theinitial notification by the 24‑hour facility of the client's escape orbreach of conditional release shall be given by telephone communication to theappropriate law enforcement agency or agencies and, if available andappropriate, by Division of Criminal Information (DCI) message to any lawenforcement agency in or out of state and by entry into the National CrimeInformation Center (NCIC) telecommunications system.  As soon as reasonablypossible following notification, written authorization to take the client intocustody shall also be issued by the 24‑hour facility.  Under this section,law enforcement officers shall have the authority to take a client into custodyupon receipt of the telephone notification or Division of Criminal Informationmessage prior to receiving written authorization.  The notification of a lawenforcement agency does not, in and of itself, render this information publicinformation within the purview of Chapter 132 of the General Statutes. However, the responsible law enforcement agency shall determine the extent ofdisclosure of personal identifying and background information reasonablynecessary, under the circumstances, in order to assure the expeditious returnof a client to the 24‑hour facility involved and to protect the generalpublic and is authorized to make such disclosure.  The responsible law enforcementagency may also place any appropriate message or entry into either the Divisionof Criminal Information System or National Crime Information System, or both,as appropriate.

(d)        In the situationsdescribed in subsections (a) and (b) of this section, the responsibleprofessional shall also notify or cause to be notified as soon as practicable:

(1)        The next of kin ofthe client or legally responsible person for the client;

(2)        The clerk ofsuperior court of the county of commitment of the client;

(3)        The area authorityof the county of residence of the client, if appropriate;

(4)        The physician oreligible psychologist who performed the first examination for a commitment ofthe client, if appropriate; and

(5)        Any official who hasplaced a detainer on a client as described in subdivision (a)(5) of thissection

of the escape or breach ofcondition of the client's release upon occurrence of either action and of hissubsequent return to the facility.  (1899, c. 1, s. 27; Rev., s.4563; C.S., s. 6175; 1927, c. 114; 1945, c. 952, s. 12; 1953, c. 256, s. 1;1955, c. 887, s. 3; 1973, c. 673, s. 11; 1983, c. 548; 1985, c. 589, s. 2; c.695, s. 2; 1985 (Reg. Sess., 1986), c. 863, ss. 12‑14; 1987, c. 749, s.1.)