Last updated: 12/9/2019
Involuntary Commitment Custody Defendant Incapable To Proceed (On Or Before 11 30 13 {SP-304A}
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Description
AOC-SP-304A - INVOLUNTARY COMMITMENT CUSTODY ORDER DEFENDANT FOUND INCAPABLE TO PROCEED (For Offenses Committed On Or Before Nov. 30, 2013). This form is used for cases where a defendant, who is currently facing criminal charges, has been found mentally incapable of proceeding to trial. This form allows the court to order the defendant’s involuntary commitment for mental health evaluation and treatment. The form applies to cases involving criminal offenses committed on or before November 30, 2013, and includes detailed instructions for law enforcement and medical facilities to handle the respondent safely and within legal guidelines. It specifies that the respondent should be transported to a designated 24-hour facility or to a local examiner to assess if they require inpatient or outpatient treatment, or if they can be returned to their residence. The form also has specific sections based on whether the respondent is charged with a violent crime, including orders for law enforcement to monitor the respondent's condition, transport them appropriately, and report to the court on the likelihood of the respondent gaining the capacity to proceed with trial. The court may assign a law enforcement agency to take custody of the defendant if they are released from treatment, ensuring that they continue to be managed under legal supervision. G.S. 15A-1003, -1004; 122C-261, -262, -263. www.FormsWorkflow.com
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