GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 187
AN ACT TO MODIFY PENALTIES FOR VIOLATIONS OF THE COMMUNICABLE DISEASE LAW.
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-25 reads as rewritten:
"§ 130A-25. Misdemeanor.
(a) A person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be guilty of a misdemeanor.
(b) A person convicted
under this section for failure to obtain the treatment required by Part 3 or
Part 5 of Article 6 of this Chapter, or for violation of G.S. 130A-144(g)
(f) or G.S. 130A-145 shall serve any prison sentence in McCain Hospital,
Division of Prisons, Department of Correction, McCain, North Carolina; the
North Carolina Correctional Center for Women, Division of Prisons, Department
of Correction, Raleigh, North Carolina; or any other confinement facility
designated for this purpose by the Secretary of Correction after consultation
with the State Health Director. The Secretary of Correction shall consult
with the State Health Director concerning the medical management of these
persons.
(c) In addition to
other means of early discharge, Notwithstanding G.S. 148-4.1, G.S.
148-13, or any other contrary provision of law, a person imprisoned for
failure to obtain the treatment required by Part 3 or Part 5 of Article 6 of
this Chapter, or for violation of G.S. 130A-144(g) (f) or G.S.
130A-145 may be discharged before completion of the person's sentence upon
determination shall not be released prior to the completion of the
person's term of imprisonment unless and until a determination has been made by
the District Court that discharge release of the person would not
create a danger to the public health. This determination shall be made
only after the medical consultant of the confinement facility and the State
Health Director, in consultation with the local health director of the person's
county of residence, have made recommendations to the Court."
Sec. 2. G.S. 148-4.1(e) reads as rewritten:
"(e) In addition to those
persons otherwise eligible for parole, from the date of notification in
subsection (d) until the prison population has been reduced to ninety-seven
percent (97%) of 20,435, any person imprisoned only for a misdemeanor also
shall be eligible for parole and immediate termination upon admission,
notwithstanding any other provision of law, except those persons convicted
under G.S. 20-138.1 of driving while impaired or any offense involving impaired
driving. except:
(1) Those persons convicted under G.S. 20-138.1 of driving while impaired or any offense involving impaired driving, and
(2) Those persons convicted pursuant to G.S. 130A-25 of failing to obtain the treatment required by Part 3 or Part 5 of Article 6 of Chapter 130A or of violating G.S. 130A-144(f) or G.S. 130A-145."
Sec. 3. G.S. 148-13(f) reads as rewritten:
"(f) The provisions of
this section do not apply to persons sentenced to a term of special probation
under G.S. 15A-1344(e) or G.S. 15A-1351(a). G.S. 15A-1351(a) or to
persons convicted pursuant to G.S. 130A-25 of failing to obtain the treatment
required by Part 3 or Part 5 of Article 6 of Chapter 130A or of violating G.S.
130A-144(f) or G.S. 130A-145."
Sec. 4. This act becomes effective October 1, 1991, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 3rd day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives