What to Do When Dorothea Dix Lights the "No Vacancy" Sign

When one side or the other questions a defendant's capacity to proceed, the judge may order a competency evaluation. The evaluation is often done locally on an outpatient basis, but in some circumstances, the judge may order the defendant committed "to a State facility for the mentally ill for observation and treatment for the period, not to exceed 60 days, necessary to determine" competency. G.S. 15A-1002(b)(2). The relevant facility is the Central Regional Hospital -- Raleigh Campus, universally known as Dorothea Dix. The form typically used to request, and to order, such an evaluation is AOC-CR-208. News reports suggest that Dorothea Dix is currently unable to handle all the demands placed on it. If true, that's not surprising, given the state's fiscal situation and the uncertain future of Dorothea Dix itself. As it relates to criminal cases, I've heard from several people around the state that officials at Dorothea Dix have put the word out that when a judge orders a defendant to Dorothea Dix for an evaluation, the sheriff should not simply bring the person to the hospital. Instead, the sheriff should call ahead and make an appointment, which the hospital may schedule several weeks down the line. When the defendant arrives at the hospital, he receives what some are calling a "drive by evaluation," or a screening evaluation. Apparently, if the defendant is obviously competent or plainly incompetent, he can be sent back home without ever spending a single night at Dorothea Dix. If the defendant's capacity is a [...]