Quarantine and Isolation in North Carolina
In North Carolina, not only does the state have the authority to quarantine individuals infected by coronavirus, but one can be charged with a misdemeanor for violating the state’s authority.
Can North Carolina quarantine patients?
There are statutory and administrative code provisions that authorize the state to place restrictions on infected individuals in North Carolina. Such restrictions comes in two different forms: isolation authority and quarantine authority. “‘Isolation authority’ means the authority to issue an order to limit the freedom of movement or action of persons or animals that are infected or reasonably suspected to be infected with a communicable disease or communicable condition for the period of communicability[.]” N.C. Gen. Stat. § 130A-2(3a). “‘Quarantine authority’ means the authority to issue an order to limit the freedom of movement or action of persons or animals which have been exposed to or are reasonably suspected of having been exposed to a communicable disease or communicable condition[.] Quarantine authority also means the authority to issue an order to limit access by any person or animal to an area or facility that may be contaminated with an infectious agent.” N.C. Gen. Stat. § 130A-2(7a).
Freedom of movement infringes on a person’s liberty by confining them to a particular place. Freedom of action infringes on a person’s liberty by restricting their behavior. Freedom of access infringes on a person’s liberty by restricting who they can see and associate with. Isolation can infringe upon a person’s freedom of movement and freedom of action. Quarantine can infringe upon all three: freedom of movement, freedom of action, and freedom of access.
How is quarantine or isolation ordered in North Carolina?
In North Carolina, either the state health director or a local health director has the authority to order quarantine. This authority can also be delegated some other public official or employee. “Quarantine and isolation authority shall be exercised only (1) when and so long as the public health is endangered, (2) all other reasonable means for correcting the problem have been exhausted, and (3) no less restrictive alternative exists.” N.C. Gen. Stat. § 130A-145(a). Unfortunately, there is no law that tells us what “all other reasonable means” or “less restrictive alternative” mean. There is also no law that identifies specific steps to take when ordering quarantine or isolation. This sets up a questionable framework that risks substantial deprivation of a person’s rights and freedoms. Your only relief is to challenge such an order through the courts, which is discussed below.
For how long can a quarantine or isolation be ordered?
Restrictions on a person’s freedom of movement and freedom of access are limited to 30 days. However, the state or local authority can petition to extend the order. There is no time limitation on a person’s freedom of action.
Can a person challenge a quarantine order or isolation order?
A person substantially affected by an infringement on freedom of movement or freedom of access can challenge the order by filing an action in Superior Court. A hearing must be held on the matter within 72 hours. The court has the authority to terminate or reduce the quarantine or isolation. This is a civil process allowing a person to assert their due process rights. The expedited hearing requirements allow the aggrieved party to be heard before the quarantine or isolation would have otherwise expired and become moot.
What are the penalties for violating a quarantine or isolation order?
A person who violates an order for quarantine or isolation who does not seek judicial review as discussed above can be charged with a class 1 misdemeanor. Ordinarily one charged with a class 1 misdemeanor would be given a bond by which they may secure their freedom, but one could expect the authority issuing the charge for a violation of quarantine or isolation order to seek no bond. Additionally, the public health laws allow persons charged with such a violation to be held in a facility other than a local jail. This has the effect of carrying out the quarantine or isolation under the guise of a criminal charge. Due process requirements must still be met by the state under criminal proceedings, and the criminal nature of the class 1 misdemeanor charge invokes additional constitutional rights not afforded under civil proceedings. If charged with a crime, one should make every effort to expedite the proceedings in a manner similar to that allowed by law under civil proceedings.
Related Article: Wake County Courthouse prepares for potential outbreak.
Written by Landon White.
