North Carolina § 130A-25 - Misdemeanor.

§ 130A-25. Misdemeanor.

Except as otherwise provided, 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. A person convicted under this section for violation of G.S. 130A-144(f) or G.S. 130A-145 shall not be sentenced under Article 81B of Chapter 15A of the General Statutes but shall instead be sentenced to a term of imprisonment of no more than two years and shall serve any prison sentence in McCain Hospital, Section of Prisons of the Division of Adult Correction and Juvenile Justice, McCain, North Carolina; the North Carolina Correctional Center for Women, Section of Prisons of the Division of Adult Correction and Juvenile Justice, Raleigh, North Carolina; or any other confinement facility designated for this purpose by the Secretary of Public Safety after consultation with the State Health Director. The Secretary of Public Safety shall consult with the State Health Director concerning the medical management of these persons. Notwithstanding G.S. 148-4.1, G.S. 148-13, or any other contrary provision of law, a person imprisoned for violation of G.S. 130A-144(f) or G.S. 130A-145 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 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. A violation of Part 7 of Article 9 of this Chapter or G.S. 130A-309.10(m) shall be punishable as a Class 3 misdemeanor. History (1983, c. 891, s. 2; 1987, c. 782, s. 19; 1991, c. 187, s. 1; 1993, c. 539, s. 946; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 767, s. 18; 2010-180, s. 14(d); 2011-145, s. 19.1(h), (i), (j); 2017-186, ss. 2(vvvvv), 3(a).) Cross References. - Penalties for failure to comply with provisions of Part 1C or local ordinances, rules, laws, etc. adopted pursuant to Part 2 of Article 23 of this Chapter, see G.S. 130A-22(h1) . Effect of Amendments. - Session Laws 2010-180, s. 14(d), effective July 1, 2011, added "Except as otherwise provided" at the beginning of subsection (a); and added subsection (d). Session Laws 2011-145, s. 19.1(h), (i), and (j), effective January 1, 2012, in subsection (b), substituted "Section of Prisons of the Division of Adult Correction" for "Division of Prisons, Department of Correction" twice, and substituted "Secretary of Public Safety" for "Secretary of Correction" twice. Session Laws 2017-186, ss. 2(vvvvv), 3(a), effective December 1, 2017, inserted "and Juvenile Justice" twice in the first sentence of subsection (b).