NC Senate to review mental health evaluation bill

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2–3 minutes

Summary

North Carolina senators are set to review a bill changing mental health evaluations for some criminal suspects.

Why this matters

The bill would affect how North Carolina handles mental health evaluations and treatment for some criminal defendants and people under involuntary commitment orders. Its path through the Senate will help determine whether those changes become law.

A North Carolina Senate committee is expected Wednesday to review a House-approved bill that would change how the state evaluates some criminal suspects for mental illness.

The Senate Health Care Committee is scheduled to discuss House Bill 1104. The measure would move some mental health evaluations out of hospital emergency departments, expand the types of professionals who can conduct them, and allow more people under involuntary commitment orders to receive treatment outside psychiatric facilities.

The House passed the bill 100-10 earlier this month. State Rep. Tim Reeder, a Pitt County Republican and physician, wrote the legislation after holding hearings on how the state treats criminal suspects with mental illness.

Lawmakers began reviewing the state’s laws after the August death of Iryna Zarutska, a 23-year-old Ukrainian who moved to Charlotte in 2022 and was fatally stabbed on a city train. DeCarlos Brown, who was charged in her death, was deemed incapable of proceeding after a mental evaluation.

In October, the General Assembly approved a judicial reform package titled “Iryna’s Law,” aimed at keeping more suspects in custody while awaiting trial. Brown had been arrested multiple times before Zarutska’s death.

Hospitals objected to part of that law requiring certain criminal defendants to be transported “to a hospital emergency department or other crisis facility” for a psychiatric evaluation. The requirement applied to defendants arrested for a violent crime who had undergone involuntary commitment within three years, or whom judicial officials believed were a danger to themselves or others.

Hospital leaders said they did not want those evaluations conducted in emergency departments and instead said they should take place in jails. Reeder included that change in his bill.

House Speaker Destin Hall, R-Caldwell, appointed Reeder co-chair of a committee reviewing the state’s involuntary commitment laws. Reeder has said the group identified several ways to improve the system.

Hall said Reeder’s bill “will make our state safer by keeping dangerous criminals with mental illnesses off the streets and getting them the care they need before they can harm others.”

Some Democrats said the bill did not do enough to strengthen staffing at the state’s psychiatric hospitals: Broughton Hospital, Central Regional Hospital, and Cherry Hospital.

The bill directs the Department of Health and Human Services, which runs those hospitals, to study the reasons for staffing shortages. Democratic lawmakers have said low pay and private-sector competition are contributing factors and have called for significant pay increases.

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