C A R O L I N A
JUSTICE POLICY CENTER
"Criminal Justice Advocacy since 1975"
North Carolina’s
Criminal Justice Policy Brief
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SENATE BUDGET MOVES AHEAD
No More Fat to Cut
Senate budget leaders released their budget this week and are on track to enact a final budget by May 20. The general opinion among legislators is that
there is no fat left to cut and they are now cutting bone. These are not cuts that most legislators WANT to take, but without an increase in revenue or dramatic changes in the way services are delivered, there is little choice but to cut, cut, cut.
No department has been left untouched and many have expressed doubts about their ability to provide adequate services with the cuts they are facing.
Governor and Legislature: Different Approaches to Cuts
The Governor and the Senate have taken a different approach to imposing painful budget cuts. The Governor has relied more heavily on MANAGEMENT RESERVES to achieve her cuts. These are very significant budget cuts wilthin agencies (Courts – $6.6 mil; Correction – $15 mil) that would be taken as the year moves along. Some of them can be taken in the form of lapsed salaries as the year progresses. Nearly every agency has some percentage of employees who transition during the year and while those positions are open, they provide additional funds that are available to the Department.
The legislature is generally more interested in making its own decisions about where the budget will be than in leaving those cuts up to the agencies. That’s what the Senate has done in many of this week’s budget decisions. In the case of the Courts, though, the Senate imposed both a management reserve and specific program cuts.
BUDGET THEMES
As you look across state agencies, you can find recurrent themes in the manner in which the cuts have been taken. These themes help in understanding the overall budget. They include:
Positions – Positions that are currently vacant have been eliminated across state agencies in the Courts (2.7 mil); Justice ($390,000); Juvenile Justice (1.1 mil) and Crime Control ($560,000) as a way to make cuts without laying off personnel. Of course, many vacant positions were eliminated last year, so there’s not as many left to take.
In theDepartment of Correction, 11 Division of Prison administrative positions, 4 in-prison out-patient treatment positions, and 2 Division of Community Corrections positions totaling $1 million were eliminated or consolidated within Corrections.
Indigent Defense Services has very few actual positions but the Senate continued the theme by taking a $5.75 million cut to the private assigned counsel fund. These are not vacant positions, however, and without additional funds, IDS is nearly certain to have unpaid bills at the end of the 2010-2011 fiscal year. On the positive side, the individual attorney appointment fee was raised from $50 to $60.
Operating Reductions – Operating budgets have been reduced in all agencies.
Equipment Reductions -Technology Services and Equipment were reduced in the AOC ($2.6 mil); Justice ($400,000); and Correction ($300,000): Crime Control – ($400,000)
Programs Funded as Pass Throughs all across state government were reduced by an additional 5% on top of last year’s reductions. In the Justice and Public Safety area, many of these are excellent community-based programs that already took from 5% to 15% cuts last year. Several of the programs were completely eliminated in the Governor’s budget. Unfortunately, when programs are not direct staff members of a state agency they are sometimes viewed as more expendable.
Justice and Public Safety programs in this item include: Dispute Settlement Centers; NC Bar – Civil Justice Funds; Center for Death Penalty Litigation; Financial Protection Law Center; Harriot’s House; NC Prisoner Legal Services; NC Leaf ; Our Children’s Place; Project Challenge; Summit House; Women at Risk.
NC VAN, also a pass through, did not receive a 5% cut.
FEES – $13 million in fees were added in the Senate budget. Of these fees, $10 million were used to restore the cut to approximately 60 Victim/ Witness assistant positions within the DAs office. Of the 11 fee increases, several affect defendants who may have a difficult time paying. There are $10 increases in the supervision fee and the attorney appointment fee. There is a $75 increase in the community service fee.
SPECIFIC CUTS/ EXPANSION ITEMS
DA’s Association – $100,000 cut
Medicaid Fraud Criminal Investigation Team – There have been instances of medicaid fraud and the Governor and the Senate are both adding funds to the investigation team in the Department of Justice.
Felony Arrestee DNA – the Senate did not include funds to obtain a DNA sample on every felony arrestee.
JUVENILES
The Youth Detention Center (YDC) populations are down 70% since 1999 and down 365 from last year. This decreased the YDC budget by $2.5 million.
BRIDGES – This forest fire fighting program designed around juvenile offenders was in a continuation review status and fortunately, it has been fully restored.
Juvenile Assessment Center – The juvenile assessment center in Fayetteville will be eliminated.
Samarkind Youth Detention Center – The Governor’s budget restored the Samarkind YDC. The Senate budget did not. Expect further discussions in this area
as the budget moves to the House.
MENTAL HEALTH
Service Dollars Restored – $40 million that was taken from services in the mental health budget last year has been restored. This is great news.
New Division Director – On a non-budget note, John Tote, the former head of the Mental Health Association for many years, has just been appointed as the head of the Division of Mental Health/Developmental Disabilities/ Substance Abuse Services. We expect John will do a terrific job and are excited about his appointment.
PRISONS/PROBATION
Adult Prison Population – The population, while still above capacity is significantly down from projected levels for June, 2010. This decrease yields a $39.1 million reduction in Corrections. This is the biggest total reduction amount in the JPS subcommittee budget.
Central Prison Hospital and Mental Health Facility and Women’s Prison – $11.1 million will be held in reserve for new positions for these facilities. They are scheduled to open in October.
DOC will be ADDING 781 NEW positions to staff these hospitals.
Clothing – The clothing budget was reduced by $500,000 as it was in the Governor’s budget.
Inmate Medical Costs – Corrections hopes to save $20.5 million by moving to a medicaid fee schedule. Medical costs are one of the biggest budget items within corrections.
Prisoner Education – The prisoner education program was in a continuation review status and HASis continued in the Senate budget and the Governor’s budget. Unfortunately, though, it will be cut by $12 million and services will no longer be available in jails or in federal facilities.
Probation Pay Grade Increase – The Senate did not include the pay grade increase, presumably because this is a year in which NO state employees are receiving increases. Teachers aren’t even receiving STEP increases. This item remains a high priority for the Governor.
Probation – The Senate requires the Division of Community Corrections to develop a pilot plan for the "privatization of probation services." This would allow fee-based supervision for low-risk offenders by private entities.
Reduce Drug Testing Frequency – Drug testing will be reduced from 15% to 10%.
COMMUNITY-BASED PROGRAMS
Cross Area Service Fund - This fund provides treatment dollars for programs that provide services across county lines. It appears to be intact in the Senate budget.
Drug Treatment Court – No changes have been made to the Drug Treatment Courts and none are anticipated unless reductions are made as part of the management flexibility reduction described above.
Criminal Justice Partnership Program – $1.1 million was taken from the CJPP discretionary fund. This was a one time cut and does not affect the recurrning funds distributed to the counties.
Sentencing Services – Sentencing Services had an excellent continuation review and has been restored in the Senate budget. This program helps the state save money by using evidence-based practices to provide the Court with appropriate community placements for individuals facing prison sentences. This program also provides case management prior to sentencing.
Womens’ Programs – Important women’s programs were eliminated in the Governor’s budget and they have been restored in the Senate Budget. They are Women at Risk, Summit House, Harriet’s House and Our Children’s Place. They will each receive a 5% cut.
VICTIMS
Victim’s Compensation Fund – This fund was reduced by $1.3 mil by both the Governor and the Senate to reflect ACTUAL expenditure levels.
Click Here to Link to the Budget.
RACIAL JUSTICE ACT UPDATE
The Racial Justice Act (RJA) was signed into law in August of 2009 to take concrete steps to reduce – if not eliminate – racial bias in the application of the death penalty. The law allows defendants to present statistical data of racial bias in their county, district, or across the state of North Carolina. It applies to current capital case proceedings and individuals already sentenced to death.
Defendants have up to one year to file their motions under RJA and the deadline (August 2010) is quickly approaching. Recently, there has been an effort by RJA opponents to amend the law. Just last week, opposition leaders held a press conference to announce their intentions to offer an amendment that would restrict RJA to be used only in the appeals process after the court has imposed a death sentence.
Supporters of RJA, such as Sen. Floyd McKissick and Rep. Rick Glazier contend, the law must be given time to work. Rep. Glazier also state "…I don’t think we ought to make law for the entire state based on one case." At this juncture, it appears unlikely that an amendment will gain any traction in the short session. With the state facing an $800 million dollar deficit, lawmakers will be focused on making major adjustments and program cuts to balance the budget.
THANK LEGISLATORS WHO VOTED YES ON THE RJA IN 2009.
Mental Illness and the Death Penalty
Executing the severely mentally ill has long been an issue of concern for criminal justice advocates and healthcare professionals in the state of North Carolina. Advocates hope to address this concern in the 2010 short session. A bill introduced by Rep. Verla Insko – D, Orange and Sen. Ellie Kinnaird – D, Orange and Person, is making an effort to safeguard against the execution of severely mentally ill defendants sentenced to death. This legislation will not allow prosecutors to seek the death penalty if the defendant can prove at the time of the crime that he or she suffered from a severe mental illness.
Kris Parks, an attorney with Disability Rights North Carolina, discussed the importance of the mental illness bill recently. "Less than one percent of people who commit murder in North Carolina are sentenced to death. This bill helps to ensure that a person with a severe mental illness at the time of the crime is not in that top one percent who receives the harshest punishment our system administers.
We remain optimistic that NC will continue to make progress on this very important issue during this legislative session.
Community Education
If you belong to a group that is interested in a local presentation about the Racial Justice Act and death penalty reforms, please contact us. We’ll do our best to get information to you or make a presentation in your area.
Building Knowledge & Finding Help
North Carolina Prison Information & Inmate Search
North Carolina Courts, Court Personnel & Court Calendars
Legal Assistance for Prisoners
Legal Representation for Indigent Defendants
Legal Representation for Capital Murder Defendants
NC Alcohol and Drug Rehab Programs & Addiction Treatment Center
Justice Reinvestment – Council of State Governments (Data on other States looking at Reinvesting Justice Dollars)
National Re-entry Policy Council
May19, 2010
In This Issue
Mental Illness & the Death Penalty
Upcoming Conferences & Events
House Appropriations Committee Public Hearning
May 24, 2010
7-10 pm
McKimmon Center
Raleigh
Community College Video Locations
Ex-Offender Reintegration into Society
Legislative Committee
No more meetings until legislature adjourns.
State & National Research Findings
Pew’s 1 in 31 The Long Reach of American Corrections
Earned Time Policies for State Prisoners
Probation & Parole Violations, State Responses
CJPC Staff & Volunteers
Director
Nikki McDougald
Program Associate
Keith Harmon
NCCU Intern
Nathaniel Boston
Volunteer Office Aide
Patricia McDonald
Volunteer Office Aide
CJPC
Board of Directors
Chair of Board &
NC Central University Professor of Criminal Justice
Linda Weisel
Postconviction Attorney
Dr. Peter H. Burian
Duke University
Classical Studies Professor
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
Community Sentencing Association
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
Together NC
Contact Us!
Mailing Address:
Post Office Box 309
Durham, NC 27702-0309
(919) 682-1149
Make a Donation
If you are devoted to improving North Carolina’s criminal justice policies, we need your support as we seek to build a stronger movement in North Carolina. Consider making a donation online TODAY!
www.justicepolicycenter.org ‘Criminal Justice Advocacy since 1975′
Five years ago, the television show Frontline aired the report ‘The New Asylums’ which portrayed the experiences of individuals with severe mental illnesses in Ohio’s prisons. Now, Frontline returns to Ohio to tell the disturbing story of what happens to these individuals when they are released from prisons into the community. Watch part two of this story, ‘The Released’, on Tuesday, April 28th at 9pm on PBS.
