North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 26 - MENTAL HEALTH, GENERAL
Subchapter D - NORTH CAROLINA DEPARTMENT OF CORRECTION: STANDARDS FOR MENTAL HEALTH AND MENTAL RETARDATION
Section .1200 - PROTECTIONS REGARDING CERTAIN PROCEDURES
Section 26D .1207 - TRANSFER TO RESIDENTIAL OR INPATIENT UNITS
Current through Register Vol. 39, No. 6, September 16, 2024
All inmates who are considered for transfer to a residential or inpatient unit shall have rights which include, but need not be limited to:
(1) written notice that transfer to a residential or inpatient mental health facility is being considered, including a statement of the reasons for the referral or transfer;
(2) a hearing, sufficiently after notice is given, to prepare objections, if any;
(3) opportunity to:
(4) a neutral and independent decision-maker who has the authority to refuse admission;
(5) a written statement by the decision-maker as to reasons for his decision to refer and transfer, with which two psychiatrists or psychologists concur;
(6) qualified and independent assistance from an advisor, not necessarily an attorney, to assist the inmate in preparing his objections;
(7) periodic review of the continuing need for treatment; and
(8) effective and timely notice of all of the above rights.
Authority
G.S.
148-19(d);
Eff.
January 4, 1994;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. June 20,
2015.
