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:

(a)           testify in person;

(b)           present documented evidence; and

(c)           present and question witnesses called by the State, except upon a finding not arbitrarily made, of good cause, for not permitting such presentation, confrontation, or cross‑examination;

(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.


History Note:        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.