NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 456

SENATE BILL 166

 

 

AN ACT TO REQUIRE ALL FELONS TO BE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 15A-1352 is rewritten to read:

"§ 15A-1352.  Commitment to Department of Correction or local confinement facility. — (a) A person sentenced to imprisonment for a misdemeanor under this Article shall be committed for the term designated by the court to the custody of the Department of Correction or to a local confinement facility. If the sentence imposed for a misdemeanor is for a period of 180 days or less, the commitment must be to a facility other than one maintained by the Department of Correction, except as provided in G.S. 148-32.1(b).

(b)        A person sentenced to imprisonment for a felony under this Article shall be committed for the term designated by the court to the custody of the Department of Correction.

(c)        A person sentenced to imprisonment for nonpayment of a fine under Article 84, Fines, shall be committed for the term designated by the court:

(1)        to the custody of the Department of Correction if the person was fined for conviction of a felony;

(2)        to the custody of the Department of Correction or to a local confinement facility if the person was fined for conviction of a misdemeanor, provided that if the sentence imposed is for a period of 180 days or less, the commitment shall be to a facility other than one maintained by the Department of Correction, except as provided in G.S. 148-32.1(b)."

Sec. 2.  This act is effective upon ratification and applies to all persons sentenced on or after that date.

In the General Assembly read three times and ratified, this the 24th day of April, 1979.