THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, September 10, 1994 TAG: 9409100218
SECTION: LOCAL PAGE: B5 EDITION: NORTH CAROLINA
SOURCE: ASSOCIATED PRESS
DATELINE: RALEIGH LENGTH: Medium: 79 lines
Everyone involved in the criminal justice system - from judges to prosecutors to clerks - is getting a crash course in North Carolina's new system of sentencing criminals, which takes effect Oct. 1.
But North Carolina's top prosecutor says the state isn't ready for it.
The new system, known as structured sentencing, marks a dramatic change in the way North Carolina's judicial system works. It is designed to take people convicted of non-violent crimes out of prison and sentence them instead to ``intermediate sanctions,'' such as electronic house arrest, intensive probation and boot camps.
In theory, this would enable the state to keep violent criminals behind bars a little longer.
But North Carolina doesn't have enough intermediate sanctions in place for it to work, said state Attorney General Mike Easley.
``They're not ready for it,'' he said. ``We don't have the innovative alternatives in place yet. The only thing we have in place is the community service coordinators and probation officers, all of whom are swamped.
``I expect it's not going to be a pretty sight for awhile.''
The General Assembly approved the structured sentencing plan last year in response to the rapid increase in admissions to North Carolina prisons. The 22,000-bed system has admitted more than 30,000 offenders for three consecutive years, causing it to operate on the edge of a legal limit.
The Parole Commission is constantly forced to release inmates days or weeks after they enter prison in order to make room for the new arrivals.
Structured sentencing, in its simplest form, is based upon a grid that balances the severity of the crime with the offender's past criminal record.
The system includes three basic tiers of punishment: prison, intermediate sanctions and community-based sanctions. The General Assembly is offering grants to help counties develop community-based programs, such as drug treatment programs, but the money won't be available until next spring.
Parole will be eliminated in almost every case. Criminals will be required to serve a mandatory sentence that generally will be longer than what they serve now due to overcrowding, but still considerably shorter than the sentences they receive under the current system.
``The good news is it tells the public the truth about sentences. And the bad news is the truth is not good at all,'' Easley said.
``When the people find out how little time that a criminal will actually serve for a particular offense, I think they're going to be outraged.''
Easley was quick to point out that he supports structured sentencing as part of the solution to the crime problem. But he said the system won't work unless it's fully implemented with alternatives to prison, such as more boot camps and drug courts.
Correction Secretary Franklin Freeman agreed with Easley that all programs won't be in place when structured sentencing takes effect. But he said there will be enough intermediate sanction slots to handle the system as it gets cranked up over the next several months.
He said the Department of Correction has hired about 500 probation officers and improved its electronic house arrest program. The state also has tripled capacity in its 90-day boot camp programs to 270 beds.
``I feel pretty comfortable with where we are insofar as being prepared for it,'' Freeman said.
Crimes committed on or after Oct. 1 will be punished under structured sentencing. That means it will be several weeks before the first offenders are sentenced under the grid and several months before the system is running in high gear.
The state Sentencing and Policy Advisory Commission, a panel of experts that designed the plan, has been holding intensive, daylong training sessions for everyone in the judicial system.
Dozens of forms have been created and computer systems are being developed to handle the new system.
``I'm sure when judges start using this in the courtroom there will be wrinkles that will just have to be ironed out over time,'' said Rob Lubitz, the sentencing commission's executive director. by CNB