NC Rep. Timothy Reeder (R-Pitt) leads the House Select Committee on Involuntary Commitment and Public Safety on Feb. 10, 2026. (Photo: Lynn Bonner/NC Newsline)
Little prevents people who are accused of low-level, nonviolent crimes but are released from custody because of mental illness from being charged again and again with the same offenses, a district attorneys’ representative told state lawmakers Tuesday.
Speaking to the House Select Committee on Involuntary Commitment and Public Safety, Lisa Coltrain from the N.C. Conference of District Attorneys described what happens when a judge determines that defendants’ mental illnesses prevent them from understanding court proceedings or participating in their defense.
She asked the committee to look at what happens when a judge determines the mentally ill person cannot continue with the court case, but is not a danger to themselves or others and is released.
She used the example of someone arrested for trespassing at a gas station. The person is quickly released and ends up back at the same gas station.
“Most people dealing with mental illnesses are not violent, so they’re just being released,” she said. “It just winds up being a quick-revolving jailhouse door.”
Charges don’t just go away when a defendant is incapable of proceeding in court. If the person’s mental health improves they can still face trial, Coltrain said. Misdemeanor charges are dismissed after five years and felony charges after 10 years if it appears the defendant will not be well enough to participate in a trial or plea.
About 75% of defendants initially determined to be unable to understand or participate in their court cases are able to gain or regain the ability to proceed, she said. But there’s no way to make sure that people who are released quickly are put on a path to improving their mental health.
The House committee is looking into the complexities of forcing people with mental illnesses accused of crimes into treatment. Last year, the legislature passed Iryna’s Law, named after the Ukrainian refugee who was stabbed in Charlotte by a man with a history of severe mental illness. The law requires mental health evaluations for more people who are arrested with the potential to force more people into mental health treatment.
Rep. John Torbett (R-Gaston), asked if the state has a “three strikes” law or other law that could stop the revolving door.
Wake District Court Judge Rashad Hauter said nothing addresses the issue of people with mental illnesses being repeatedly arrested, other than making sure they receive treatment.
Rep. Marcia Morey (D-Durham), a retired chief district court judge, said she saw many repeat trespassing cases. A few days in jail wasn’t the answer to addressing the problem, she said. It was to get cooperation from the local mental health agency or a guardianship.
“Constitutionally, we can’t keep people in jail or prison just because they have mental illness or are incapable to proceed,” Morey said.
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