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NC Department of Health and Human Services Division of Mental Health, Developmental Disabilities, and Substance Abuse Services

Developmental Disabilities

Diversion Law

NCAC 122C-261(f)

Senate Bill 859, also known as the Diversion Law, prohibits the admission of an individual with mental retardation, or a reasonable suspicion of such, to any of the North Carolina State Psychiatric hospitals unless the individual meets specific criteria. For a complete reference, please refer to NCAC 122C-261(f).

A brief summary of these criteria is listed below.

1) Not Guilty By Reason of Insanity.
2) Has committed a violent offense and has been deemed by the court as Incapable of Proceeding to Trial.
3) Extremely dangerous to others.
4) Has multiple disorders and is either medically fragile or Deaf.
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