June 9, 1993
M.F. Hall, Jr., Director Broughton Hospital 1000 South Sterling Street Morganton, North Carolina 28655
RE: G.S. § 122C-205
Dear Mr. Hall:
You have asked the Office of the Attorney General to respond to the following questions dealing with G.S. § 122C-205: (1) what should be the scope of a facility’s notification to law enforcement agencies that a client has escaped? and (2) what impact, if any, should the client’s propensity for violence have on the scope of the notification? A copy of your request is attached for your convenient reference.
With respect to how extensive the notification must be, G.S. § 122C-205(a) provides that notification may be given to the appropriate law enforcement agency in the county of residence of the client, in the county where the facility is located, and in any county where there "are reasonable grounds to believe that the client may be found." The test is one of reasonableness, and the facility must notify law enforcement agencies in any locale when there is reason to believe the client may there be found. G.S. § 122C-205(c) offers further guidance and provides, in pertinent part:
. . . the initial notification by the 24-hour facility of the client’s escape or breach of conditional release shall be given by telephone communication to the appropriate law enforcement agency or agencies and, if available and appropriate, by Division of Criminal Information (DCI) message to any law enforcement agency in or out of state and by entry into the National Crime Information Center (NCIC) telecommunications system.
The foregoing provision suggests that the notification should be as extensive as the circumstances require. For example, if a client escapes from Broughton Hospital and the facility has reasonable grounds to believe that the client may go to another state because of personal ties there, it would be appropriate for the facility to provide notification to law enforcement officials in that state in addition to notifying the officials in the client’s home county and in Burke County. Again, the test is whether the facility has reasonable grounds to believe that the client may be found in a particular location within or without the state.
With respect to whether the scope of notification may be expanded where the client has been accused of or convicted of a violent crime, the statute does not so provide. The determining factor is whether there are reasonable grounds to believe a client may be found in a given location, regardless of his propensity for violence. However, the fact that the person may be violent is relevant information and should be provided to the relevant law enforcement agency or agencies along with notification of the escape. See G.S. § 122C-205(a) and (c).
Ann Reed Senior Deputy Attorney General
Michelle B. McPherson Special Deputy Attorney General