Criminal Practice – Not Guilty by Reason of Insanity Acquittee – Re-Commitment – Insufficient Findings – Conditional Release – Forensic Unit

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In re Bullock (Lawyers Weekly No. 13-07-0869, 22 pp.) (Donna Stroud, J.) Appealed from Granville County Superior County (Robert F. Johnson, J.) N.C. App.

Holding: The trial court’s findings of fact are mostly recitations of testimony, and the court did not indicate that respondent’s doctor’s testimony was credible. These findings are insufficient to support the court’s decision to involuntarily recommit respondent.

We reverse and remand for entry of a revised order.

Where neither the parties nor the evidence raised the issue of conditional release, the trial court was not required to address the issue.

Even if respondent would not qualify for commitment to a “forensic unit” under the new version of G.S. § 15A-1321(b), that statute does not apply to respondent. The statutes under which respondent was committed require him to be committed to a 24-hour facility. He was committed to such a facility. Even though respondent was not charged with a crime that involved “inflict[ing] or attempt[ing] to inflict serious physical injury or death”, nothing in G.S. § 122C-168.1 forbids his commitment to the forensic unit or requires his commitment to another unit.