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 JUSTICE POLICY CENTER
 
"Criminal Justice Advocacy since 1975" 

 
North Carolina's
Legislative Criminal Justice Policy Brief
 
RJA June 5, 2009 Press Conference
 
NC Racial Justice Act Cleansed of Bad Senate Amendments
 
The NC Racial Justice Act (Senate Bill 461) was restored back to a version closer to its original form in the NC House Ways & Means Committee on Monday, June 8th, 2009.  On May 13 and 14, the NC Senate previously added amendments to the bill to reduce the use of statistical evidence in the bill and to restart the death penalty.  These amendments have been stripped from the bill.
 
The latest version of the NC Racial Justice Act is supported by over 80 coalition partners and will head to the House Judiciary I committee as early as this coming Thursday.
 
Photo by Tarrah Callahan-Ledford - June 5, 2009 Press Event
 
North Carolina's Budget Crisis Digs Deep into Social Programs
  
 
The House has passed a budget and it reflects deep cuts to many important services in state government.  While the complete elimination of  statewide community-based corrections programs appear to have been avoided, deep cuts are forcing program eliminations right now in individual districts. 
 
Sentencing Services programs in Person, Stokes, McDowell, and Wayne, for example, are packing their boxes today and closing their doors. That is the case even though judges, legislators and citizens want to be able to have community-based options at sentencing in those communities.  More cuts are on the way.  Very deep cuts still remain that will dramatically affect the ability of community-based corrections programs to protect public safety and provide services.  It's likely that rural areas will be the hardest hit.

 
Budget conferees have already been appointed.  Click link for complete lists of House and Senate members appointed to the conference committee that will iron out final budget decisions. 
 
Conferees are moving at lightning speed and may have a completed budget document prepared as early as Monday, June 22.  A Joint Justice and Public Safety Appropriations meeting is scheduled for Monday, June 22 at 4pm with more updates to follow.
 
Budget writers are also likely to prepare a continuing resolution to keep state government functioning after June 30 while legislators wrangle over whether to raise additional revenue.  The continuing budget resolution will be important to a great number of programs.  If a program is in the conference budget with a cut, for example, that cut may well be imposed on June 30 even if the legislature has not prepared a final budget.  As a result, programs in some districts may be forced to completely close their doors and then re-open if any more funds are available. 
 
Programs that are funded through county government, such as the Criminal Justice Partnership Program, may receive no dollars at all after June 30th  until the budget is completed.  Some counties have not been willing - or able - to tide programs over during the period it takes to complete budget negotiations.
 
 
Cuts Felt Throughout the State  
Cuts will also affect home care for the sick, care for the developmentally disabled and mentally ill, and educational programs for autistic and hearing impaired children.  These cuts continue to fundamentally alter the safety net for families with special needs across the state.
 
One can only imagine that the depth and breadth of the cuts will simply increase both a formal and informal policy that sends an increasing number of people to prison - the most expensive option of all.
 

Indigent Defense & Capital Representation Cuts
In the Justice and Public Safety budget, cuts still abound.  Attorneys representing indigent defendants are receiving cuts and delayed payments, Prisoners Legal Services and the Center for Death Penalty Litigation are cut.   The list goes on and on.  All inmate Community Work Crews will be eliminated and road squads will be reduced by 20%. 
 
New funds are limited to stimulus dollars and the DOC will get new dollars to purchase 400 VIPER radios and to establish probation intake positions in urban areas.
 

More Revenue Needed
The Governor joins many other groups including Together NC and HK on J in calling for  an additional increase in revenue to 1.5 billion - more than twice what the House was able to include.  This amount would help ease the depth of the cuts unless it is all applied to one area - such as education.  In that case, education would be made whole - a good thing - but other much-needed services would continue to be crippled.
 
There remain many questions about where the dollars for a 1.5 billion revenue package would come from.  The House voted down tax increases for cigarettes, beer and wine. Many House members are insistent - and rightly so - on insuring that tax increases on services apply to highly  paid professional services if they are going to be imposed on those that are less highly paid.  We do hope members will find ways to raise these dollars without imposing an unfair burden on low income families.  We also hope they will apply restored dollars in the fairest possible way - not just to one section of the budget.  
 
 
Proposed Budget Impact on Community-Based Corrections Programs
 
In a normal year, House and Senate conferees typically negotiate between their respective positions.  This year is different because April revenues plummeted after the Senate completed its budget.  For that reason, budget writers are looking more closely at the House figures and there are likely to be cuts from those.

Criminal Justice Partnership Program
15% cut
Harriet's House                                 
15% cut

Summit House                                 
57% cut (including non-recurring revenues)
 
Women at Risk                                     
34% cut (including non-recurring revenues)

Sentencing Services                             
31% cut (including non-recurring revenues)

Drug Treatment Court - Treatment Funds                                    
appears to be ok if the agency doesn't take additional $$ due to other cuts

Triangle Residential Options for Substance Abusers (TROSA)           
appears to be ok if the agency doesn't take additional $$ due to other cuts
 
Cuts may well go to 25% for all pass through programs. 
 
Forced Sterilization of Inmates & Mentally Ill Put into NC's History
Eugenics Highway Marker Event - Monday, June 22, 2009 5pm
 
 
Eugenics exhibitThe word eugenics is from the Greek for "well born" but became synonymous with a dark chapter in North Carolina and American history.  From 1933 through 1973, the state of North Carolina mandated sterilizations of more than 7,600 people, by choice or coercion.  On Monday, June 22, at 5 p.m., a N. C. Highway Historical marker will be dedicated at the N.C. Community Colleges building, 200 W. Jones Street, Raleigh, to acknowledge that practice. 
 
In his 1883 publication of "Inquiries of Human Faculty," Sir Francis Galton envisioned improving natural selection and "the inborn qualities of a race" by influencing intelligence.  Beginning with Indiana in 1907, sterilization laws were passed in 32 states.  The North Carolina legislature authorized sterilizations of patients or inmates of public institutions in 1929 "for the public good," and authorized county commissioners to order sterilizations at the public expense of "any mentally defective or feeble-minded resident."  In 1933 the Eugenics Board was created to review all sterilization requests. 
 
The science behind eugenics was discredited by the 1940s, but North Carolina policymakers held to the position that sterilization protected the poor and helped break the cycle of poverty.  After 1945, the numbers of non-institutional sterilizations increased, many of whom were considered "uncontrollable" teenaged girls. 
 
In 1972 the Eugenics Board became the Eugenics Commission, and the next year the legislature transferred to the judicial system the responsibility for sterilization procedures due to mental retardation or mental illness.  The Eugenics Commission was abolished in 1977.
 
For several years, Winston Salem House Representative Larry Womble has led the fight for North Carolina to apologize for this ugly truth.  Compensation for surviving victims of the eugenics program may be on the way in 2009.  The NC Museum of History currently has a traveling Eugenics exhibit on display as shown above.
 
   
Monday, June 22, 2009
   
 
sidebar
In This Issue
Clean Racial Justice Act
Deep Budget Crisis
Community Corrections Cuts
Get Help
Join Our Mailing List 
Innocence Action Alerts
 
Lamont McKoy - NC 
 
  
Death Row Action Alerts 
 
North Carolina
 no executions scheduled
  
Georgia
 
 
 
 Upcoming Conferences & Events
July 13-16, 2009
Tampa, Florida  
 
 
National Conference on Addiction and Criminal Behavior  
Sept 13-16, 2009
St. Louis, Missouri
 
Oct 15-18, 2009
Baltimore, MD
 
 

 
 
Handcuffed Man 
 
 
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 
 
 
 
 
 
 
 
 
Contact Us!
 
 Mailing Address:
Post Office Box 309
Durham, NC 27702-0309 
 
(919) 682-1149
 
 

"Promoting effective, equitable, and humane solutions to criminal justice problems since 1975." 

 Production of this Newsletter is made possible by the Z. Smith Reynolds Foundation, the Tides Death Penalty Mobilization Fund and the generous support of individual donors.  

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www.justicepolicycenter.org         'Criminal Justice Advocacy since 1975'