NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION

CHAPTER 518
SENATE BILL 599

AN ACT TO PLACE TUBERCULAR INMATES AND HEALTH LAW VIOLATORS UNDER THE CONTROL OF THE DEPARTMENT OF CORRECTION.

The General Assembly of North Carolina enacts:

Section 1.  Article 11, Chapter 131 of the General Statutes, consisting of G.S. 131-84 through G.S. 131-89, is repealed.
Sec. 2.  G.S. 130-114 is amended by inserting the subsection notation "(a)" at the beginning thereof.
Sec. 3.  G.S. 130-114 is further amended by deleting the second, third and fourth paragraphs thereof, and inserting in lieu thereof the following:
"(b)	If any person shall plead guilty to, or be convicted of, any of the violations set forth in subdivisions (2) and (3) of subsection (a), such person shall be imprisoned for a period of up to two years, under the supervision of the Department of Correction, in the special facilities to be operated by the Department of Correction adjacent to the McCain Hospital, McCain, North Carolina. However, the court may suspend the sentence if the violator consents to be hospitalized in a State or federal sanatorium or a general hospital and remains there until discharged by the medical director or controlling authority of the facility, provided that the violator has not been previously discharged from a hospital for disciplinary reasons while undergoing treatment for tuberculosis or has not previously discharged himself from such a facility against medical advice.
The Secretary of Correction, or his authorized agent, may discharge a person imprisoned for health care violation under this section at any time if he finds that the discharge is without danger to the life or health of others. He shall report each such discharge, together with a full statement of the reasons therefor, to the health director serving the territory from which the person came. Additionally, he may transfer any patient imprisoned under this section from the special facilities adjacent to the McCain Hospital to any State sanatorium or Veterans Administration Tuberculosis Hospital, with the consent of the receiving facility. The person transferred shall at all times remain under the custody and control of the Department of Correction.
(c)	The provisions of this section apply to minors as well as adults. However, persons under 16 years of age, upon conviction of a violation of this section, shall not be imprisoned in the special facilities adjacent to McCain Hospital, but shall be placed in a State or federal sanatorium or a general hospital for treatment."
Sec. 4.  All laws and clauses of laws in conflict with this act are hereby repealed.
Sec. 5.  This act shall become effective July 1, 1975.
In the General Assembly read three times and ratified, this the 10th day of June, 1975.