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North Carolina's
Legislative Criminal Justice Policy Brief
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NC Senate Budget sent to House Last Week
This has been a tough budget year for everyone. Cuts will be felt all across state government as budget writers recognize that the budget cannot be balanced by simply eliminating a few underfunded programs.
In the Justice and Public Safety (JPS) area of the budget, Senate JPS co-chair Ellie Kinnaird deserves special praise for her tireless efforts to make sure that the state's community-based corrections programs will continue to exist. Sen. Kinnaird and co-chair Sen. Snow also worked hard to make sure that cuts were taken fairly.
No agency has been left untouched by the budget cuts. Furloughs for university employees and deeper cuts within some programs are all still possible as agencies determine how to best manage the cuts mandated for their agencies. Problems remain that will certainly surface in the House and further increase the demand on available dollars. The Department of Corrections, for example, is expected to close McCain Hospital and Umstead and Guilford correctional facilities a quicker rate than administrators believe is possible.
At least some portion of the Departmental cuts will be made up by "lapsed salaries," an amount of money that becomes available every year due to staff transitions and vacancies.
While additional revenue is clearly needed to help a multitude of state programs, it's not clear that new revenue would brighten the outlook for community-based corrections programs that have taken cuts or remained stagnant for many years. As long as prisons continue to be viewed as the 'preferred' response to crime, a large percentage of tax dollars will be funneled into them.
Meanwhile, state leaders are holding their breath as they await April 15th revenue figures. Dire predictions aren't hard to find and will almost certainly kick off a new round of budget cuts or efforts to raise revenue in the House. We'll keep you posted as the figures roll into the Department of Revenue.
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Community-based Corrections Programs saved in Senate Budget
Budget cuts were taken across the board in non-profit and state-managed community-based programs. All "pass through" and non-profit programs took a 10% cut, but the cut was applied fairly.
Programs taking a 10% cut include: Dispute Resolution Centers, Women at Risk, Sentencing Services, Harriet's House, Center for Death Penalty Litigation, Prisoners' Legal Services, pass through funding to the NC State Bar, Our Children's Place and LEAF (North Carolina Legal Education Assistance Fund) all took a 10% cut.
Community-based corrections programs such as Drug Treatment Court which are not "pass throughs" are also likely to take cuts, but those cuts will be determined and managed by each individual agency.
TROSA (Triangle Options for Substance Abusers) and First Step Farms will be receiving the same amount of funds they received in 08-09.
The exception to the 10% cuts were the Criminal Justice Partnership Program, the Juvenile Crime Prevention Councils and Probation. These programs all received increases. The Criminal Justice Partnership Program's increase is linked to a restoration of the program's ability to work with pre-trial programs that can help manage county jail populations. That population had been restricted from funding in recent years.
If the Senate version of the budget is successful, all counties should experience an increase in their CJPP formula allotment and they will be allowed to use a percentage of their allocations for pretrial programming.
The Juvenile Crime Prevention Councils were given a $6 million dollar increase, but the increase was tied to a $6 million dollar decrease in the SOS (Support our Students) program. SOS is an afterschool program for middle schoolers. Legislative staffers reported that the program is more successful in some areas than in others and the Senate budget will give Juvenile Crime Prevention Councils the dollars and the authority to decide if they want to fund the SOS program in their jurisdiction.
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Dollars & 'Sense' = Sentencing Reform
Perfect Time to Shift Focus from Prisons to Sentencing Reform
Neither the Governor nor the Senate has addressed the 2,000 + prison bed gap which the Department of Corrections will be facing in this biennium. Just as the energy crisis is causing the nation to look at renewable energy options, the state budget crisis provides an opportunity for the state to broaden it's focus from prisons to a broader array of options.
Since it takes a minimum of 3 years to construct new prison beds, other options are necessary to address this problem. Here are some areas policy makers should consider:
1. Adjust the Sentencing Structure
Adjustments in the Sentencing Structure can be made that will help increase fairness; increase the time for community supervision; and allow more community options for offenders with only 1 prior offense point on their records.
2. Provide More Support for Re-entry
Improve the transition back into the community by allowing a selected group of offenders to serve a portion of their sentence in community-based residential options.
3. Sentencing Options
Increase the use and funding of Sentencing Services to develop options at sentencing so judges have the information they need in every case where there is some question about the resources that might be available at the local level.
4. Reduce Recidivism
Reduce recidivism by expanding evidence-based community programs such as TROSA, Drug Treatment Court, specialized programs for female offenders and the Criminal Justice Partnership Program.
5. Adjust Earned Time
Make adjustments in earned time that reward good behavior while still maintaining the minimum sentencing length.
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Racial Justice Act Receives Fair Hearing
The NC Racial Justice Act received a fair hearing in the House Ways and Means subcommittee last week. The bill, which provides a safeguard procedure for those who can prove racial discrimination occurred prior to a capital trial or during the trial, could be heard before the full Ways and Means committee this coming Wednesday at 1pm.
Governor Pushes Questionable Warrantless Searches Bill
Governor Perdue is pushing Senate Bill 123 sponsored by Senate Republican Phil Berger, Sr. to allow for the warrantless searches of persons on probation, parole or post-release supervision. Regardless of whether the search is supervison related or not, probation officers, parole officers, post-release supervisors and law enforcement would be allowed to search persons on probation or parole, their vehicles and their premises.
While probation and parole officers already have some discretion to search those under their supervision, the true intent of this legislation seems to give new power to law enforcement officers to search persons without a judge or magistrate signed warrant. Such legislation could lead to lengthy appeals on the grounds of Fourth Amendment violations which protect all persons from unreasonable searches and seizures.
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Building Knowledge & Finding Help
COMING FALL 2009!
North Carolina's Criminal Justice Resource Directory for Practitioners, Offenders' and Their Families | |
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Upcoming Conferences & Events
Raleigh, NC
Reentry Celebration
5th Anniversary
May 2, 2009
Raleigh, NC
Atlanta, Georgia
State & National Research Findings
Reallocate Prison Expenses to Stronger Community Programs & Community Supervision
CJPC Staff & Volunteers
Executive Director
Senior Director of
Policy & Special Projects
Michael Ballard
Intern
NC Central Dept of Political Science
Faith Everett
Policy Intern
NC Central School of Law
Nathaniel Boston
Volunteer Office Aide
Patricia McDonald
Volunteer Office Aide
CJPC
Board of Directors
Dr. George P. Wilson, Sr.
Chair
NC Central University Professor of Criminal Justice
Linda Weisel
Postconviction Attorney
Kate Dixon
Secretary/Treasurer
Friends of the Mountains to Sea Trail - Executive Director
Dr. Peter H. Burian
Duke University
Classical Studies Professor
Dr. Jeffrey Elliot
NC Central University Political Science Dept Chair
Dr. Jarvis Hall
NC Central University
Civic Engagement Director
Edd Gulati-Partee
Self-Help Community Credit Union
Information Technology
Sheria Reid
Institute of Government
Policy Analyst
CJPC is a partner organization
of the following:
Blueprint NC
HK on J Progressive Coalition for Social Change
"A Movement Not a Moment"
North Carolina Center for Nonprofits
North Carolina
Coalition for a Moratorium on Executions |
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Contact Us!
Mailing Address:
Post Office Box 309
Durham, NC 27702-0309
(919) 682-1149
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