Major Crime Legislation Pending In NC House
North Carolina is poised to overhaul the probation system in a way that hasn’t been done thus far. One lawmaker calls it “the biggest piece of reform since 1994 restructured sentencing.” The bill could make some extremely progressive changes to how convicted offenders are sentenced and how they fare once released from prison.
The hope, for lawmakers, is that the new legislation would save money in the long run. Because it will initially cost millions. But the proposed changes are admirable and we can only hope all the positive doesn’t get stripped out before it passes.
One estimate, from Republican Rep. David Guice, puts the cost of the bill at around $45 million. A fiscal analysis from the legislature, however, states that the specific cost cannot be calculated because it’s “impossible to measure the effect” of such large legislation.
Among that changes that would be made:
- Increased treatment programs within the communities that prisoners are being released to.
- An additional 300 probation officers on staff.
- Transferring some misdemeanor inmates from the state prison system to county jails.
- Increased power given to probation officers.
- Increased use of deferred prosecution in felony drug offenses.
Although the primary goal of the bill is to keep people from going to prison, one aspect would actually send more. The law would increase the penalty for second-offense breaking and entering, making it qualify for a habitual felon sentence. This addition seems a little out of touch with the rest of the bill and it isn’t clear at what stage this particular item was added.
A 2009 study found that more than half of new prison admissions were for probation violations. And among these violations, the majority was minor. This proposed bill would allow probation officers to have more sanctions in their tool belt, and use incarceration as a last resort, especially for the violations deemed “minor” in nature.
It seems one thing that could stop the bill from passing is the cost. But Guice, one of the sponsors, says the state will save $267 million in new prisons and projected prison population growth by 2017. Another $293 would be saved by releasing about 1,500 current inmates from prison and into post-release supervision.
Focusing on keeping people out of prison by giving them the opportunity to live productively is indeed a step in the right direction. Gone are the days when we could lock people up left and right without thought to cost or long term effects. The long term is now and as we see countless offenders be cycled through the system again and again, it has become apparent that change is necessary.
Though this legislation hasn’t passed yet there are alternatives to incarceration available now. If you are facing criminal charges and wondering what the likelihood is that you’ll serve time, contact our attorneys today. We will discuss with you what programs might be available and how we might be able to help.
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