Courts direct some defendants to trial capacity restoration services

Courts may order outpatient commitment for up to 180 days. The criteria include mental illness, need for treatment to prevent worsening that would predictably lead to dangerousness, and limits on the person’s ability to choose or follow treatment. They also require a history of declining treatment and one or more specified histories, such as repeated jail stays or hospitalizations. The court must find that a provider has agreed to accept the person and that the services in the treatment plan are available. The plan must be included in the court order. Before the hearing, the person cannot be forced to take medication or held for treatment. The court must hold a hearing within 10 days after the person is taken into custody. It may allow a delay of up to five days.

Courts must order capacity restoration services for defendants likely to regain the ability to stand trial, when a suitable program is reasonably available. For defendants eligible for release, courts may require community services if reasonably available. Defendants held before trial must take part in a detention center program if one is reasonably available. A court may order an inpatient program when it is the most clinically suitable setting. A court may waive program participation if no suitable program is reasonably available, the person is expected to regain capacity without services, or there is other good cause. Medication to restore capacity is generally barred. A court may order it for an uncooperative defendant charged with a serious offense only after making written findings on each required safeguard; a licensed medical professional must supervise treatment. The court sets an initial program term of up to four months, excluding time waiting for a place. It may extend services in periods of up to four months when continued participation is reasonably likely to restore capacity.

State agencies and the North Carolina Collaboratory must study mental health commitment, jail care, crisis response, and hospital capacity, then report to legislative committees. Required studies and plans include involuntary commitment, telehealth exams in jails, mobile crisis teams, examiner training, staffed behavioral health beds, and outpatient commitment. Other studies cover jail health care, psychiatric hospital operations, and repeated crises involving mental health and the justice system. Reports are due from October 1, 2026, through March 1, 2027. A working group must begin quarterly reports on January 1, 2027.