The new version of House Bill 307, “Iryna’s Law,” eliminates cashless bail for certain offenses. Additionally, the bill removes some of the magistrate or judge’s discretion, ensuring that it will be more difficult for violent and repeat offenders to get out of jail in the future.
The bill creates a new category of “violent offenses” for which the judge or magistrate must impose certain conditions for pretrial release, including GPS monitoring.
For first-time violent offenders, the only options are secured bond or house arrest with electronic monitoring. For second or subsequent offenses, the only option for release is secured bond and house arrest with electronic monitoring. As for repeat offenders, this bill requires judicial officials to impose a secured bond or house arrest with electronic monitoring on any defendant who has been convicted of three or more offenses in the last 10 years, regardless of whether those offenses are considered violent.
The bill also addresses the mental health crisis currently affecting our criminal justice system by creating a new protocol under which judicial officials will be required to order mental health evaluations.
Sounds like good and certainly needed legislation.
I was a Magistrate in Guilford County some 3 decades ago. I could set high bails and did, but they were generally reduced in the District or Superior Court.
Therein lies the rub.
You make a good point, Fred, that the General Assembly must also take discretion away from judges.
By the way, the same bill restores the death penalty in the state of NC.