|
North Carolina's
Legislative Criminal Justice Policy Brief
|
 |
The Crisis in Corrections:
What can North Carolina learn from other states about how to contain the explosive growth in prisons?
The Carolina Justice Policy Center is joining with NC Policy Watch to hold a "Crucial Conversation" luncheon. With North Carolina's economy and budget in crisis, state leaders of all political parties and philosophies are demanding - more than ever - a solution to the mushrooming growth in corrections expenditures.
Can North Carolina gain control of this unsustainable budget-buster while, at the same time, improving both public safety and outcomes for offenders? If we follow the example of a growing number of states, the answer to his question may well be a resounding "yes."
Come learn more at a very special, mid-summer.
Crucial Conversation Luncheon Today
Monday, July 13th, 2009 - 12 noon to 1:30pm
Registration begins at 11:30am
Marbles Kids Museum
201 E. Hargett Street
Downtown Raleigh, NC
Cost: $10 (includes a box lunch)
Featuring:
 State Rep. Jerry Madden of the Texas House of Representatives. Rep. Madden is a businessman, a graduate of West Point, a Vietnam veteran, a nine-term Republican lawmaker and nationally recognized expert on corrections policy. Michael Thompson, Executive Director of a special project of the national Council of State Governments known as the Justice Center. He has worked on criminal justice policy issues at the Council since 1997 and has helped spur and facilitate bi-partisan corrections reform efforts in several states.
Sponsored by: NC Policy Watch
Co-Sponsor: Carolina Justice Policy Center
Header Photo: Lao Rubert speaking at Together NC Press Event. She called for sensible revenue package to save vital programs like Community-Based Corrections, Drug Treatment Program, and Re-Entry Programs. Together NC Coalition partners joined together calling for a sensible revenue packages to support programs and services on multiple issues. |
|
When Are They Going Home?
Many people across the state are wondering "when will the legislature adopt a budget and go home?" As the state moved into July with all operations being funded at 85% of their June allocations, there is a widespread need to put a budget in place. The General Assembly's continuing budget resolution expires June 15. By the end of last week, no agreements had been reached about the revenue package, increasing the likelihood that legislators will need to extend the continuing budget resolution beyond June 15.
Fortunately, legislators in both the Senate and the House have taken the need to raise additional revenue seriously. Without those efforts, North Carolina would be looking at another $1 billion in budget cuts . We've all seen exactly how devastating those cuts can be. Even with the revenue raised by the House, there are still going to be deep budget cuts. If the revenue figure can be increased from the House proposal - without unfairly disadvantaging low and middle income families - that would be a positive outcome for the state in the worst budget year since the great depression.
For specific details on the revenue plans and a link for corresponding with your legislator, click here.
| |
Community-Based Corrections Programs
What's the Latest?
The direst budget cuts appear to have been avoided for many of the community-based corrections programs. Still, there will be some deep cuts and services will be completely eliminated in some districts, with rural areas getting hit the worst. In addition, if the Department of Corrections, the Dept of Health and Human Services and the Administrative Offices of the Courts are all given budget flexibility, some programs could face future difficulties as the fiscal year unfolds.
Right now - as the state moves ahead with an 85% budget figure - cuts are being felt across the state. Some programs have already laid off staffs to deal with the cuts while others are limping along without state funds as they wait for the final budget to pass. |
Probation Reform Bills Need Lots of Work
Access to Sensitive Information in Juvenile Records, Warrantless Searches by Law Enforcement
Three bills are being reviewed in the House that would allow probation officers to have access to juvenile records. Two of these bills also allow warrantless searches of probationers by law enforcement officers. These bills are being reviewed by the Juvenile Justice committee, chaired by Rep. Alice Bordsen of Alamance County and some important questions have been raised.
Currently, the bills do not include a clearly defined process that would:
a) specify exactly which pieces of information contained within the record could be obtained;
b) exactly who could review the information within probation;
c) whether or not any of the information could be copied and shared with probation officers in other areas of the state in writing, electronically or as part of a risk instrument.
Juvenile records frequently contain sensitive documents - such as psychological evaluations - that have long been protected and which the system must handle with great care.
Another provision in the probation reform bill allows warrantless searches of probationers by all law enforcement officers. Probation officers are already allowed to search without a warrant when the Judge allows them to do so by specifying a search as a special condition of probation.
To our knowledge, the existing system has never presented problems except in a case that was widely reported in 2008. That problem was linked to personnel issues within the Division of Community Corrections that were the subject of a series of stories in the News and Observer. Those personnel issues were addressed shortly after Governor Perdue took office. As a result, there is no need to change the policy for warrantless searches.
There is also a provision in the bill which allows greater flexibility for appointing DCC staffers to the 2 positions on the Criminal Justice Partnership Board that are currently assigned to the Division of Community Corrections.
|
Fight Continues for Sentencing Reform
Reasonable Reforms Finally Making Progress
 A three-bill legislative package that would make reasonable and modest changes in the sentencing structure is making progress in both chambers. These bills have been supported by the Sentencing Commission and the Department of Corrections in previous years. This year they have finally received the support of the Sheriffs and District Attorneys Associations - a major step in a positive direction. Sen. Kinnaird has sponsored the bills on the Senate side and Reps. Bordsen, Glazier and Haire have sponsored them on the House side. This week, two of the bills, Establish Proportionate Sentence Lengths (S488) and Even Out Prior Criminal Record Points (S489) were approved in Senate appropriations and are expected to be voted on by the full Senate on Monday. A third bill, Adust B1 - E felony penalties (S490), passed the Senate Judiciary committee, but was not moved forward in the Senate. House companion bills to Amend Prior Criminal Record Points (H 1606) and Adjust B1 - E felony Penalties (H1607) have also passed a House judiciary committee. Another version of these bills which includes the measure to Adjust B1 - E felonies has been included in the Reform Bill of 2009 (H1445). Rep. Haire's Reform bill of 2009 also includes limited provisions for expunctions, a and reclassification of statutory rape. It's very encouraging to see positive movement on these bills. They will improve the sentencing structure and will save state dollars by reducing the number of prison beds needed in future years.
|
Racial Justice Act Floor Hearing Possible Tuesday
Some Local District Attorneys Fighting Bill Aimed to Reduce Racial Bias in Capital Sentencing
 After nearly three years of work and several sessions of legislative discussion, the Racial Justice Act is making its way to the NC House Floor for a possible vote on Tuesday. If passed, the bill will allow defendants to prove significant racial bias in their cases by adding statistics as another piece of evidence that a judge can consider in the overall evidence package.
The addition of statistics will give judges a key piece of information needed to utilize their discretion on matters dealing with race - matters that are difficult at best to prove. Glaring cases of racism that include clear racial statements and actions can currently be fought in the courts. However, it is very difficult to near impossible to fight the impact of significant racism when it goes unspoken.
While over 80 groups have joined the fight to stop race from increasing death sentences where some have a much higher chance of receiving or being tried for a death sentence over others, some of North Carolina's elected District Attorneys are joining with House Republican leader, Rep Skip Stam, to try to kill the NC Racial Justice Act. They argue that costs outweight the need for a bill that will reduce those sentenced to die because race played a significant role and increased their overall sentence.
In order to pass the NC Racial Justice Act, your State Representatives need to hear from you Today! Make a phone call or send an email today asking legislators to vote YES for the NC Racial Justice Act - Senate Bill 461.
Without your support, the following are likely to vote NO:
Greene, Lenoir, Wayne Counties
919-715-3017 office
252-568-7446 district
Bladen, Cumberland Counties
919-733-5772 office
910-862-7007 district
Vance, Granville Counties
919-733-5824 office
252-492-0185 district
Buncombe County
919-733-5746 office
828-298-6237 district
Brunswick, Columbus Counties
919-733-5830 office
910-642-6044 district
Randolph County
919-733-5865 office
336-625-9210 district
Carteret, Jones Counties
919-733-6275 office
252-342-0693 district
Chowan, Dare, Hyde, Washington Counties
919-715-3029 office
252-797-4481 district
Wake County
919-733-2962 office
919-362-8873 district
Nash County
919-733-5802 office
252-443-6923 district
Robeson County
919-715-0875 office
910-775-9090 district
Duplin, Onslow Counties
919-715-3021 office
252-568-3295 district
Alexander, Catawba Counties
919-715-8361 office
828-632-3798 district
Beaufort, Pitt Counties
919-733-5906 office
252-946-2576 district
|
Building Knowledge & Finding Help
COMING FALL 2009!
North Carolina's Criminal Justice Resource Directory for Practitioners, Offenders' and Their Families | |
|
|
|
 |
 |
|
Death Row Action Alerts
North Carolina
no executions scheduled
Georgia
Upcoming Conferences & Events
Oct 15-18, 2009
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
|
|
