NC S388

Modifies G.S. 15A-1002(d) to allow capacity evaluation reports to be shared with clinicians at capacity restoration programs, clinicians designated by the Secretary of Health and Human Services, and the court, in addition to current recipients.

Requires the Department of Health and Human Services to convene a workgroup of criminal justice and mental health experts to evaluate laws governing the lack of capacity to proceed process.

Workgroup must include representatives from the Attorney General's office, Administrative Office of the Courts, district attorneys, defense attorneys, sheriffs, district court judges, superior court judges, state psychiatric hospitals, and advocates for individuals lacking capacity to proceed.

Workgroup must present preliminary findings to eight stakeholder organizations including the Sheriff's Association, Psychiatric Association, Council of Community Programs, Hospital Association, and mental health advocacy groups.

Department must submit final report with findings and recommendations to the Joint Legislative Oversight Committees on Health and Human Services and Justice and Public Safety by February 1, 2018, addressing system issues, service provider barriers, and solutions to reduce incapacity referrals.