Greetings from Raleigh!
I hope that you and your family had a safe, restful, and happy Labor Day weekend! We still await much-needed rain, but the weekend provided some relief from the heat and humidity.
From January 1991 till October 1994, I served as a criminal prosecutor in the four counties of District 7 (Franklin, Granville, Vance, and Warren). The prisons were so overcrowded that immediately upon one criminal being sentenced, the Parole Commission immediately faxed papers releasing him upon his admission into the system. When negotiating plea agreements, we had to assume that every 10 years equated to one year a criminal would actually serve. Plea agreements would be negotiated whereby first time offenders for theft had to plea to 20 and 30 year sentences in hopes that they would serve at least two to three years for their crimes.
In the mid-nineties, the North Carolina General Assembly passed the Structured Sentencing Act in an effort to establish both truth in sentencing as well as structure a means by which we could plan for and allocate resources to address future growth in the prison population. Structured Sentencing provides for a fixed range of sentences for all offences that a court must impose. Felony crimes are classified by classes A through I. Felonies A — G carry mandatory minimum prison sentences that can be elevated based upon the prior record of the offender.
Under Structured Sentencing today, the criminal system is structured to ensure prison space is adequately available. As a result, violent offenders receive lengthy sentences and serve the sentences they receive. When legislation is introduced in the General Assembly that would elevate the penalty for a crime, a fiscal impact note is prepared and passage of the legislation must include an appropriation to pay for the increased costs to ensure that prisoners have to serve the sentences they receive.
According to the Department of Correction web page, the offender population is as follows as of September 2, 2007:
By gender, the prison population is made up of 36,023 male inmates and 2,780 female inmates.
The three largest areas of expenditures from our $20.7 billion General Fund Budget are as follows: Education, $11.2 billion; Health and Human Services, $4.5 billion ($2.8 billion of the $4.5 billion is Medicaid); and Justice and Public Safety, $2 billion.
For the next few weeks, I will continue to offer my “Top Ten” lists of legislative actions for this past session. This week we have the top ten initiatives in justice and public safety.
TOP TEN LEGISLATIVE ACTIONS IN ADDRESSING CRIME
1. Butner Public Safety Remains a State Force as Butner Incorporates.
The State of North Carolina delivers police and fire protection services to 16 state and federal institutions located in the Butner area. Since World War II, the state has essentially managed the local government in Butner.
This past session, legislation introduced by Representative Jim Crawford and me was passed into law to successfully facilitate the incorporation of Butner as an independent governing unit from the state. The Town of Butner will contract with the state for police and fire services for the citizens of Butner. The Town Council of Butner will have input in the hiring of the chief in the future for Butner Public Safety, but the actual hiring authority will remain with the state.
The salary and benefit packages for these officers will continue to be determined at the state level, so the citizens of Butner will continue to receive the same quality level of services that they enjoyed prior to incorporation.
2. Funds to Upgrade Information Systems for the Courts Throughout the State.
The General Assembly allocated $10 million for technology upgrades in the court system. Currently, the ability to share information between the court system and law enforcement systems as well as share information directly in the courtroom is antiquated. Our judges need ready access to the criminal records of the persons appearing before them so that fair and just punishments will be based upon accurate knowledge of an offender’s prior record.
3. Expansion of New Staff for Prosecutors’ and Clerks’ Offices.
The General Assembly allocated over $28 million to fund 449 new positions over the next two years, including 58 new prosecutors, 80 victim-witness assistants, 14 investigators, and 297 new deputy clerk positions.
4. Construction of Two New Prisons.
The General Assembly authorized the issuance of certificates of participation in the amount of $13.2 million to build a 252 bed minimum security addition to Alexander Correctional Institution, and $19.8 million to build a 504 bed medium security addition to Scotland Correctional Institute.
5. Gang Intervention and Suppression Grant.
The General Assembly allocated $4.7 million for grants to be available to local governments and community agencies for initiatives to combat the growth of gangs.
6. Illegal Immigration Project.
Legislation authorized $750,000 to the North Carolina Sheriff’s Association for technical assistance and training associated with immigration enforcement.
7. Duty to Report Child Pornography.
As part of our ongoing efforts to combat sex crimes against children, the General Assembly passed legislation requiring film and photographic print processors as well as computer technicians to report film or computer images containing pictures of a minor engaging in sexual activity to law enforcement agencies.
8. Warrantless Searches Authorized for Registered Sex Offenders Tracked by Satellite System.
New legislation requires that certain registered sex offenders be tracked on an ongoing basis with a satellite system. We further established criteria for determining how these offenders are to be monitored upon their release from prison. Their probation officers are now authorized to search any computers the registered sex offender may possess without having to obtain a warrant.
9. Alcohol Monitoring Devices to Be Used for Persons Charged with and/or Convicted of Driving While Impaired.
Current technology can determine whether a person is drinking alcohol. I was a primary co-sponsor of new measures that empower a judge to implement, as a condition of pre-trial release or supervised probation upon conviction, that a DWI offender use an alcohol monitoring device to monitor alcohol consumption to detect violations of the terms of their pretrial release or the terms of their probation after conviction.
10. Larceny Laws Amended to Class H Felonies.
The legislation addresses specific types of theft that are coordinated by crime rings. The following crimes are now elevated to Class H felonies: if the property taken has a value of more than two-hundred dollars ($200.00); by using an exit door erected and maintained on which a notice, sign, or poster is affixed providing information about the felony offense and punishment provided; by removing, destroying, or deactivating a component of an anti-shoplifting or inventory control device to prevent the activation of any anti-shoplifting or inventory control device; and by affixing a product code created for the purpose of fraudulently obtaining goods or merchandise from a merchant at less than its actual sale price.
I do welcome your comments and suggestions about how I can better serve you in the Senate. Please feel free to contact me about any concerns you may have. I hope that you will have a wonderful week!
Sincerely,
Doug Berger