North Carolina legislators are grappling with significant gaps in how the state’s criminal justice system handles defendants with mental illness. Recent testimony from the North Carolina Conference of District Attorneys before the House Select Committee on Involuntary Commitment and Public Safety has highlighted troubling issues that affect defendants, victims, and public safety alike.
The Problem: When Mental Health and Criminal Justice Collide
According to prosecutors who testified before the legislative committee, state laws do not adequately address suspects who are deemed unfit to stand trial due to mental illness. As one prosecutor explained, the mental health system and the criminal justice system each work reasonably well independently, but significant gaps emerge when the two systems must work together.
Under North Carolina law, defendants can be deemed incompetent to stand trial if they have a mental illness and cannot understand court proceedings, understand their own relation to the proceedings, or assist in their own defense. While defendants charged with violent crimes who are found incompetent are typically committed involuntarily to psychiatric hospitals, those charged with lower-level offenses often face a different outcome.
Understanding how mental health issues affect criminal cases is essential for defendants and their families navigating these challenging situations.
The Cycle of Arrest and Release
Prosecutors describe a troubling pattern where defendants with mental illness who commit nonviolent offenses are repeatedly arrested, found incompetent to proceed, released, and then re-arrested for similar offenses. The example given involved a hypothetical defendant who repeatedly trespasses at a gas station. Each time they are arrested, found incompetent, and released, only to return and be arrested again within days.
This cycle serves no one well. Defendants do not receive the mental health treatment they need. Victims and businesses face continued disruption. Law enforcement and court resources are consumed by the same cases repeatedly. And the underlying mental health issues remain unaddressed.
Recent High-Profile Cases Driving Reform
Legislative attention to these issues has intensified following several high-profile cases. The August 2025 death of Iryna Zarutska, a young woman fatally stabbed on a Charlotte commuter train, prompted the passage of “Iryna’s Law.” The defendant in that case had a documented history of schizophrenia with hallucinations and paranoia that his family had sought treatment for.
More recently, a Raleigh murder case has raised additional questions. The defendant had a documented history of mental illness and had previously been charged with breaking and entering. When prosecutors requested commitment to a mental hospital in that earlier case, a Wake County judge denied the request. A former Superior Court judge has noted that judges commit individuals based on whether they are dangerous to people, not to property, explaining some of the difficulty in obtaining commitments for defendants charged with property crimes.
The Legal Standard for Competency
The question of whether a defendant is competent to stand trial is distinct from questions about criminal responsibility or an insanity defense. Competency focuses on the defendant’s current mental state and ability to participate in their defense, while insanity defenses address the defendant’s mental state at the time of the alleged offense.
Defendants found incompetent to stand trial are constitutionally protected from prosecution until competency is restored. However, the process for restoration and the options available when competency cannot be restored create significant challenges that North Carolina is still working to address.
A criminal defense attorney experienced with mental health issues in criminal cases can help navigate these complex legal and medical questions.
Governor’s Executive Order Signals Change
Governor Josh Stein recently signed an executive order aimed at creating new strategies for bridging the gap between the state’s behavioral health and criminal justice systems. While the specific impacts of this order remain to be seen, it signals recognition at the highest levels of state government that current approaches are inadequate.
The House Select Committee on Involuntary Commitment and Public Safety plans to release recommended legislative changes in April. These recommendations may reshape how North Carolina handles defendants with mental illness, potentially affecting both the options available to courts and the rights of defendants.
Seeking Help for Loved Ones
For families of individuals with mental illness who become involved in the criminal justice system, the situation can feel overwhelming. Understanding the intersection of mental health treatment and criminal proceedings is essential for advocating effectively.
Key considerations include understanding the difference between competency evaluations and other mental health assessments, knowing what options exist for treatment-focused resolutions, and recognizing when involuntary commitment may be appropriate and how to pursue it.
At Chetson Firm, we work with defendants and families facing these challenging circumstances. We understand the importance of addressing underlying mental health issues while also protecting our clients’ constitutional rights.
If you or a loved one is facing criminal charges complicated by mental health concerns, contact our office to discuss how we can help.