Nccriminallaw.sog.unc.edu

Sentencing Health Control Measures – North Carolina Criminal Law

WEBViolations of certain health control measures are punished as provided in G.S. 130A-25 (b). The rule applies to violations of G.S. 130A-144 (f), which covers compliance with control …

Actived: 9 days ago

URL: https://nccriminallaw.sog.unc.edu/sentencing-health-control-measures/

Changes Coming to Delinquency Procedure: Transfer and Mental …

WEBSession Law 2023-114 includes many provisions that change the law governing delinquency cases. This is the first in a three-part series of blogs detailing …

Category: Health Go Health

Hearsay Exceptions: Then Existing Mental, Emotional, or Physical …

WEBN.C. Rule 803 (3) provides a hearsay exception for statements “of the declarant’s then existing state of mind, emotion, sensation, or physical condition (such …

Category: Health Go Health

Disturbing Behavior, Harassment and Threats to Public Employees

WEBJill is an expert in public health law so the questions she posed related primarily to concerns raised by officials and employees who work in that field. More …

Category: Health Go Health

Rules for Breath Tests in DWI Cases – North Carolina Criminal Law

WEBThe Department of Health and Human Services has adopted numerous rules governing implied consent testing, which are codified in Subchapter 41B of Title …

Category: Health Go Health

Obtaining Medical Records in DWI Cases – North Carolina …

WEBG.S. 90-21.20B also sets forth rules governing the disclosure of identifiable health information (essentially, medical records). It requires a health care provider to disclose …

Category: Medical Go Health

Legislative Changes to Required Mental Health Assessments …

WEBA CCA or equivalent mental health assessment has NOT been conducted within the 45 days before the adjudication hearing. This new statute contains two …

Category: Health Go Health

Xylazine: What Legal and Public Health Professionals Need to Know

WEBHealth Risks of Xylazine. Information about xylazine’s toxicity in humans is limited, but law enforcement, health care providers, and public health agencies …

Category: Health Go Health

Obtaining Medical Records under G.S. 8-53

WEBThe mere fact that G.S. 8-53 allows a court order to trump the physician-patient privilege says nothing about whether such orders may be obtained ex parte. Nor …

Category: Health Go Health

Capacity, Commitment, and COVID-19 – North Carolina Criminal Law

WEBThe capacity-commitment process in North Carolina often begins with an evaluation, conducted by mental health professionals on order of a criminal court judge, …

Category: Health Go Health

New Trafficking Fines Coming for Heroin, Fentanyl, and Carfentanil

WEBThe New Fine Amounts. The numbers listed above will soon change in a significant way for certain drugs. Under the revised G.S. 90-95 (h), if the trafficking …

Category: Health Go Health

A Refresher on North Carolina's Needle Exchange Law and Other …

WEBIn response to the opioid crisis, North Carolina passed several protections designed to alleviate some of the legal liability surrounding drug use in the interest of …

Category: Health Go Health

Insanity, Clinical Standards, and Expert Testimony

WEBFitzgerald, 2016 WL 299282 (Ohio Ct. App. 8th Dist. Jan. 21, 2016) (“ [T]he law in the Eighth District is that expert testimony is required before the issue of insanity …

Category: Health Go Health

New Rules for Safekeepers – North Carolina Criminal Law

WEBA new law, already in effect as of October 1, 2019, makes some important changes to the process for transferring certain inmates from the county jail to the State …

Category: Health Go Health

Medical Providers' Duty to Report Injuries to Law Enforcement

WEBSometimes a health care provider treats a patient for an injury or illness, such as a gunshot or stab wound, that suggests a violent crime has occurred. Law …

Category: Health Go Health

Determining Probable Cause for Drug Crimes without Field Tests

WEBSeveral North Carolina cases have found probable cause without a positive field test. See, e.g., State v. Patrick, 88 N.C. App. 582 (1988) (finding probable cause to …

Category: Health Go Health

DWI Update: May 2020 Edition – North Carolina Criminal Law

WEBDWI Update: May 2020 Edition. May 18, 2020 by Shea Denning. My colleagues and I usually spend the waning weeks of May slogging through months of appellate opinions, …

Category: Health Go Health

Changes to the Gun Permit Laws

WEBThe sheriff shall make the request for any records concerning the mental health or capacity of the applicant within 10 days of receipt of the items listed in G.S. 14 …

Category: Health Go Health

Medical Fees for Jail Inmates – North Carolina Criminal Law

WEBThe fee must be established as part of the jail medical plan required under G.S. 153A-225—developed in consultation with appropriate local officials, approved by …

Category: Medical Go Health

New Projects in Policing & Responding: Evaluating the Impact of

WEBA clinical mental health counselor responds with law enforcement to behavioral health-related calls, to provide care at the scene and connect people to …

Category: Health Go Health

Determining Eligibility for Return of Guns

WEBAll felony sentences in North Carolina now require a maximum term of at least 12 months, so all North Carolina felony convictions trigger the federal ban. See …

Category: Health Go Health

Brown v. Plata and Prison Population Controls

WEBOn Monday the Supreme Court issued its decision in Brown v.Plata, holding that systemic failures to provide adequate medical and mental health care in the …

Category: Medical Go Health

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