In Re Hayes

EAGLES, Chief Judge.

To be released, Hayes must have shown by a preponderance of the evidence either that he is no longer mentally ill, G.S. § 122C-3(21), or that he is no longer dangerous to others, G.S. § 122C-3(ll)b. See G.S. § 122C-276.1. We note that we denied Hayes’ 1992 request to be released in In re Hayes, 111 N.C. App. 384, 432 S.E.2d 862, appeal dismissed, 335 N.C. 173, 436 S.E.2d 376 (1993), hereinafter “Hayes I.”

In his brief, Hayes argues that the statutory definition of “mentally ill” applied here is unconstitutionally vague. See G.S. § 122C-3(21). The record reveals that Hayes…