Pubdate: Tue, 7 Jul 2009 Source: Winston-Salem Journal (NC) Copyright: 2009 Piedmont Publishing Co. Inc. Contact: http://www.journalnow.com/ Details: http://www.mapinc.org/media/504 Note: The Journal does not publish LTEs from writers outside its circulation area HABITUAL FELONS No reasonable person disputes that public safety is one of government's core responsibilities. Systems for law enforcement, criminal justice and incarceration must be strong enough to protect law-abiding citizens from those who endanger them. There are times, however, when legislators overreact to public fears about crime and put disproportionately large resources into incarceration. North Carolina's habitual-felons law is an example. The General Assembly has an opportunity this year, in its closing days, to improve a 42-year-old law that imprisons some nonviolent repeat offenders for too long. It's not that we feel any sympathy for these lawbreakers, but changing the law would amount to a better use of tax money. Prison space in the state is at a premium. North Carolina imprisons more than 41,000 people at an average cost of about $75 a day, almost $28,000 a year. For decades, some legislators have argued that the state could save a lot of money if only we weren't so anxious to send so many offenders to prison for overly long terms. The habitual-felons law is one place to both save money and prison space. Rep. Phil Haire, a six-term Democrat from Sylva and a lawyer,told The Associated Press recently that it doesn't make any sense to imprison someone for 10 years for a nonviolent, lower-level felony, such as drug possession. Ten years, at $28,000 a year, is a lot of tax money. The habitual-felons law kicks in after someone has been convicted of three felonies. That third felony means a person can be prosecuted for the crime of habitual felon and get extra time. The sentence can be very long. Haire has proposed that the two least serious classes of felonies, which include such crimes as minor drug possession, not count toward habitual-felon status. The seven other classes would continue to do so. Furthermore, he proposes that the extra sentence be proportionate to the sentence for the fourth offense, which in most cases would be shorter than current sentencing standards provide. Haire's bill does not deal with what is another of the current law's flaws. It is left to the discretion of the local district attorney whether to charge a defendant with the additional crime of being a habitual felon. This means that the frequency of trials and convictions for this add-on offense is widely different in the state's various prosecutorial districts. With the state's prisons bursting at the seams and the likelihood that our incarcerated population will only grow, something smart needs to be done. Resources are not unlimited, so the smart thing would be for the state to stop sentencing those who have committed less-serious crimes to such long terms. The money saved can be better spent locking away those who truly threaten our society. - --- MAP posted-by: Richard Lake