Pubdate: Thu, 24 Apr 2003 Source: Herald-Sun, The (Durham, NC) Copyright: 2003 The Herald-Sun Contact: http://www.herald-sun.com Details: http://www.mapinc.org/media/1428 KEEP SANCTIONS IN HABITUAL FELON LAW North Carolina's habitual felon law has served the state well. It helps keep repeat criminals out of society and it sends the message that repeat criminal behavior comes with consequences. But some revision, as proposed in a bill now in the Legislature, might not hurt - provided it does not take the teeth out of the law. Under state law, any defendant who has pleaded guilty to or been convicted of three felonies may also be indicted as a habitual felon, thus receiving added prison time. Defendants who have been convicted of two violent felonies also may be indicted as violent habitual felons. Some critics of the habitual felon law say that the law is not being used as intended and is open to frivolous abuse. They say too many criminals are being charged as habitual felons and being imprisoned for nonviolent crimes such as check forgery, which increases the cost of running the state's prisons. A former official of the Administrative Office of the Courts told the House Judiciary IV Committee this week that 77 percent of those eligible for habitual felon status have never committed more than a low-level felony. A bill filed in the House would revamp the habitual felon law to give judges more discretion in the sentencing of those convicted under the law. This week, the bill was sent back to a subcommittee for further work. A compromise now appears in the works, one that would exempt violent felons from the flexible sentencing options but allow judges more leeway with lesser felonies. All laws require some restraint in their application. The first line of discretion with this law rests with prosecutors, who ought to resist the temptation of applying a "three strikes" standard to all defendants eligible under the habitual felon rule. It also makes no sense to have violent and nonviolent habitual felons face the same length of sentence. A revision of this law makes sense, as long as public safety is paramount. Lawmakers should retain the more severe penalties for those repeat violent felons who deserve them. - --- MAP posted-by: Beth