§ 130A-25. Misdemeanor. - North Carolina Statutes

§ 130A‑25.  Misdemeanor.

(a)        A person whoviolates a provision of this Chapter or the rules adopted by the Commission ora local board of health shall be guilty of a misdemeanor.

(b)        A person convictedunder this section for violation of G.S. 130A‑144(f) or G.S. 130A‑145shall not be sentenced under Article 81B of Chapter 15A of the General Statutesbut shall instead be sentenced to a term of imprisonment of no more than twoyears and shall serve any prison sentence in McCain Hospital, Division ofPrisons, Department of Correction, McCain, North Carolina; the North CarolinaCorrectional Center for Women, Division of Prisons, Department of Correction,Raleigh, North Carolina; or any other confinement facility designated for thispurpose by the Secretary of Correction after consultation with the State HealthDirector. The Secretary of Correction shall consult with the State HealthDirector concerning the medical management of these persons.

(c)        NotwithstandingG.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‑145shall not be released prior to the completion of the person's term ofimprisonment unless and until a determination has been made by the DistrictCourt that release of the person would not create a danger to the publichealth. This determination shall be made only after the medical consultant ofthe confinement facility and the State Health Director, in consultation withthe local health director of the person's county of residence, have maderecommendations to the Court. (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.)