North Carolina Republican legislators are advancing a new measure aimed at tightening the state’s bail laws. It is a push that comes in the wake of a high-profile violent crime caught on camera.
The proposed legislation has been dubbed “Iryna’s Law.” It seeks to restrict the discretion of magistrates and judges. It also makes it more difficult for certain defendants to be released from jail without a secured cash bond.
The bill has passed the Senate and is now under consideration in the House. It is a direct response to the fatal stabbing of a Ukrainian refugee named Iryna Zarutska in Charlotte on Aug. 22.
The suspect in the case had been released on a written promise to appear in court on a misdemeanor charge. This is a key detail that’s been cited by proponents of the bill as a failure of the current system.
Proponents of the legislation also argue that the changes are necessary to protect public safety. Additionally, it will prevent violent and repeat offenders from being released back onto the streets.
New bail laws would prohibit cashless bail in some circumstances
Under the proposed law, cashless bail would be prohibited for certain offenses. For example, a first-time defendant accused of a violent crime could only be released on a secured cash bond or with electronic monitoring and house arrest.
The bill also would allow judicial officials to consider a defendant’s “dangerousness” when setting bail. Furthermore, it would mandate mental health evaluations for defendants accused of a violent crime who have a history of involuntary commitment to a mental health facility.
While supporters say the bill is a common-sense measure to fix a flawed system, critics raise concerns.
Opponents say new bail laws will harm Black and Brown people the most
Opponents, including some legal experts and reform advocates, argue that the legislation could disproportionately harm low-income individuals and people of color, who are less likely to be able to afford a cash bond.
Black and brown people are overrepresented in the criminal justice system and will suffer the most. Black Americans are already over 25% more likely to be held in jail pretrial with bail than white people facing similar charges, according to a report by the Prison Policy Initiative.
A 2024 study by the nonpartisan Brennan Center for Justice at NYU School of Law found no statistically significant link between bail reform and crime rates. The researchers compared crime trends in 22 cities that implemented some form of bail reform with 11 cities that did not.
They point to research that suggests stricter bail laws do not necessarily lead to a reduction in crime. They also state that detaining individuals who are not a flight risk or a danger to the community can be destabilizing, potentially leading to a higher likelihood of future criminal activity.
The Senate approved the legislation 28-8
The Senate approved the legislation 28-8 late Monday, with many Democrats absent from the otherwise party-line vote. The bill then went to the House on Tuesday, where it passed.
Any final measure would then go to Democratic Gov. Josh Stein’s desk. Stein has suggested pretrial release changes and greater emphasis on mental health are needed in light of Zarutska’s death.
GOP Sen. Ralph Hise said the legislation is a response to the failure of the criminal justice system. “We need a criminal justice system that protects society from individuals. I believe these are many great steps in this bill,” Hise said.
“Iryna’s Law” would also eliminate some of the discretion that magistrates and judges have for pretrial release decisions.
First time defendants could only be released on a secured cash bond + house arrest
For example, first-time defendants accused of a violent offense could only be released on a secured cash bond or receive house arrest with electronic monitoring. Such house arrest and monitoring would be the only option for some repeat defendants.
The bill also attempts to ensure that more suspects are subject to psychological examinations before their potential release. Defendants accused of a violent crime and committed involuntarily in recent years to a mental health facility would be subject to a psychological evaluation.
The legislation also would give the state Supreme Court’s chief justice the ability to suspend a magistrate from their post and lay out grounds why the official should be removed permanently. Such actions now sit with local judges.
“We grieve the murder. It was senseless, it was horrible. But what you are voting on today does nothing to take it back or would have prevented it. Let’s get smart on crime,” said Rep. Marcia Morey, D-Durham, a former chief district court judge.
Brown had been arrested more than a dozen times. He was released earlier this year by a magistrate on a misdemeanor count without any bond.
Brown “should have never been allowed out of the jail. The catch-and-release practices for violent offenders will end today with your support,” Charlotte-area Republican state Rep. Tricia Cotham told colleagues during two hours of House debate. “This heinous act was preventable.”
Stabbing suspect could receive the death penalty
The stabbing suspect, Decarlos Brown Jr., could receive a death sentence if convicted of first-degree murder.
More than 120 people are on death row in North Carolina, but an execution hasn’t been carried out since 2006.
Some Democrats criticized their GOP colleagues for seeking to administer the death penalty for their sheer cruelty.
“To put in an express lane to bring the firing squad to North Carolina is beneath the dignity of this body,” Democratic Sen. Michael Garrett said. “That we are exploiting this situation to bring back methods that are truly violent to execute our fellow citizens is, quite frankly, immoral.”
Rep. Pricey Harrison, D-Guilford, focused her remarks on the death penalty aspect of the legislation. She described the alternative methods of execution, including how firing squads can miss their intended target, how gruesome electrocutions are and how witnesses of a recent execution by nitrogen gas described it resembling torture.
“Restarting the death penalty and you and I and the rest of the state of North Carolina having these people executed in our name, I don’t know that you want to go there. I’m going to be a no,” Harrison said.
The North Carolina legislature gave final approval Tuesday to a criminal justice package that limits bail and seeks to ensure more defendants undergo mental health evaluations.