Today’s post shares my answers to some of the questions I have been asked related to the impact of the coronavirus pandemic on the correctional system. As you might imagine, many of those questions are focused on ways to reduce jail and prison populations.
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North Carolina County-Level Criminal Charging Data
We have produced a variety of reports providing criminal justice stakeholders with key metrics to help them understand and evaluate their local criminal justice systems. Among other things, we have produced statewide and county level data on use of citations by law enforcement officers, use of summonses and warrants by magistrates, imposition of different types of conditions of pretrial release, and local jail occupancy numbers. In this report, we provide statewide and county level information on number of criminal charges, charged defendants, and criminal cases. As with our other reports, we make no judgment about the data presented; our goal simply is to provide data to inform stakeholders. Our full spreadsheet of results (here) has three main tabs showing data for (1) all offenses; (2) felonies; and (3) misdemeanors. Two additional tabs break down misdemeanor offenses into non-traffic misdemeanors and traffic misdemeanors. Each tab presents the following information at the state and county level:
- Total charged offenses
- Charged offenses per 100,000 population
- Total charged defendants
- Total charged cases
- Changes in these data points, from 2018 to 2019
COVID-19 and Delinquency Continued Custody Hearings
As we all come to terms with the new reality of social distancing and a global pandemic, the potential health risks for youth and staff in secure custody settings is cause for concern. Staff in a New York City juvenile detention center have already tested positive for COVID-19. The North Carolina Department of Public Safety has suspended visitation and volunteer activities at all juvenile justice facilities. Currently legal visits for juveniles in secure custody are still allowed. These heightened concerns about secure confinement of youth raise questions about whether and how ongoing secure custody hearings can happen in our current environment and what alternatives exist to both preserve public safety and prevent use of the congregate juvenile detention setting as much as possible. This blog will discuss when hearings on continued secure custody must be held, even in light of the emergency directive; important considerations if those hearings are conducted remotely; and the range of release options available to the court.
New Executive Orders Affect DMV Operations, Prohibit Certain Gatherings of More than 50 People, and Direct Entertainment Facilities and Hair Salons to Close
The Governor issued Executive Order No. 119 on Friday, which orders the closure of many Division of Motor Vehicles (DMV) Driver License Offices, the postponement of certain DMV hearings, and the suspension of road tests for newly licensed drivers. Today, the Governor issued Executive Order No. 120, which prohibits mass gatherings of more than 50 people, orders the closure of entertainment facilities and personal care and grooming businesses, and extends the closure of public schools through May 15, 2020.
Craving a Bit of the Regular Fare? Tune In for a Criminal Law Update
Like everyone else, our work at the School of Government has been altered by the COVID-19 pandemic. We have written, and will continue to write, about executive orders from the Governor, directives from the Chief Justice, and other pandemic-related issues. But, like many of you, our regular nonpandemic-related work continues. The appellate courts continue to decide cases, and questions about how those cases apply to ongoing litigation still arise.
We usually discuss recent case law with criminal law practitioners at conferences held around the state. Right now, those aren’t happening. For those of you who are craving a bit of the regular fare, we are offering a special Friday feature. Jamie Markham, Jonathan Holbrook, and I will host an online forum this Friday, March 27, 2020, at 1 p.m. to talk about recent criminal law decisions by our appellate courts. Read on for instructions on how you can tune in to our hour-long program.
News Roundup
The novel coronavirus pandemic has drastically altered the lives of all Americans in the space of just a week. Shea and Jamie blogged on Monday about limitations on court proceedings designed to minimize close interactions and the correctional system’s response to the crises. Shea was back on the blog again on Thursday discussing recent limitations on the operation of bars and restaurants as well as an extension of certain court filing deadlines. We appreciate the work of state and local officials, court system actors, and law enforcement and other emergency response agencies during this trying time. Stay safe and keep reading for more news.
Case Summaries – N.C. Court of Appeals (March 17, 2020)
This post summarizes the published criminal cases from the North Carolina Court of Appeals issued on March 17, 2020.
Federal Lawsuit Challenges Alamance County NC’s Bail System
In late 2019, bail litigation came to North Carolina. I have written before about successful federal bail litigation in other jurisdictions, including a decision holding that the bail system in Harris County, Texas was unconstitutional. Similar litigation is now underway in our state, and appears to be headed towards a consent preliminary injunction.
The Correctional System Responds to COVID-19 (and Some Preliminary Thoughts on Minimizing Correctional Interactions)
Shea’s earlier post discussed the court system’s response to COVID-19. This post shares some related information from the state correctional system.
Court Is Limited and Mass Gatherings Are Prohibited to Limit Spread of COVID-19
On Friday, Chief Justice Cheri Beasley entered two emergency directives to reduce the spread of infection from COVID-19. On Saturday, Governor Roy Cooper entered an executive order prohibiting mass gatherings and ordering the statewide closure of public schools.