NC panel backs jail mental evaluations for suspects

Summary

North Carolina lawmakers recommended telehealth mental evaluations in jails for suspects already in custody, instead of ERs.

Why this matters

The recommendations could change how North Carolina handles criminal defendants with mental illness, affecting hospitals, jails, and public safety. They also signal possible revisions to Iryna’s Law as lawmakers weigh new legislation.

North Carolina lawmakers on Tuesday recommended that criminal suspects who may need psychiatric treatment receive initial mental health evaluations in county jails through telehealth, rather than in hospital emergency departments as outlined in last year’s “Iryna’s Law.”

The House Select Committee on Involuntary Commitment and Public Safety released the recommendations about six months after the General Assembly passed the law, which was intended to keep more suspects in custody while awaiting trial. The measure was named for Iryna Zarutska, a 23-year-old Ukrainian woman who moved to Charlotte in 2022 and was fatally stabbed on a city train in August. The man accused in her killing, DeCarlos Brown, was found incapable of proceeding in state court last week after a mental evaluation. He also faces federal charges.

The committee said telehealth evaluations in jails for people already in custody would reduce wait times, transportation problems, logistical challenges, and safety concerns. The recommendations would also expand the number of medical providers eligible to perform psychiatric evaluations and call on state-funded regional behavioral health organizations to find ways to use mobile crisis units in the involuntary commitment process.

Any changes would require legislation and approval by the General Assembly.

Hospital leaders had objected to the law’s requirement that some defendants be taken to emergency departments or other crisis facilities for psychiatric evaluations. The North Carolina Hospital Association said Tuesday it supported the committee’s work and would keep working with law enforcement and mental health leaders on treatment “in the most secure setting.”

The North Carolina Sheriffs’ Association, which had previously opposed broader jail-based evaluations, said it supports the recommendation because it applies only to people already in custody.

Rep. Marcia Morey, D-Durham, said the recommendations did not fully address staffing shortages at state psychiatric facilities, where some beds go unused because of limited staff. Committee co-chair Rep. Tim Reeder, a physician, said funded positions exist, but the state has struggled to recruit workers.

Gov. Josh Stein, who signed Iryna’s Law last year after criticizing it as flawed, said through a spokesperson that he was “pleased to see lawmakers taking a hard look at involuntary commitment across the state.”

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