Last week, the SOG offered a criminal law update featuring various members of the criminal law faculty. If you missed it and are interested viewing the recording, the webinar should be posted here within a few weeks. This post will be familiar to those who attended, as I covered the topic there. Consider watching the program—it is free to view for educational purposes, and a modest cost if you need the CLE credit. For those that prefer their criminal law updates from the blog, read on!
In late 2020 and early 2021, stakeholders in Orange County, North Carolina implemented new bail reform initiatives. The new initiatives build on earlier efforts. Specifically, stakeholders already had funded a county pretrial services program; adopted an empirical risk assessment tool to inform judges’ pretrial decision-making; established a “strike order court,” affording relief from court non-appearances in appropriate cases; instituted pre-arrest diversion with law enforcement support; and established specialized courts to more effectively address the needs of those who enter the criminal justice system because of underlying issues such as poverty, homelessness, substance use, and mental health concerns. Additionally, local police departments and the sheriff’s office had implemented new policing practices, such as citation in lieu of arrest, to promote the county’s pretrial goals. And in 2018, the Orange County Board of County Commissioners approved a resolution supporting the 3DaysCount initiative, a national effort to improve community safety by applying common sense solutions to pretrial justice issues. Notwithstanding these efforts and actions and the statutory mandate that conditions other than secured bond must be imposed unless the judicial official finds certain factors, G.S. 15A-534(b), data showed that secured bonds continued to be the most common condition of pretrial release used in the county, even in misdemeanor cases. Stakeholders also reported concerns that low-risk individuals were being unnecessarily detained pretrial on money bonds they could not pay.