BURGEONING PRISON POPULATION NO EASY PROBLEM TO FIX

In the state of North Carolina, as in many other states, there is a growing
disconnect between the number of criminals who deserve lengthy sentences
and the available state funds to house them safely away from the public.
Simply put, N.C. does not have enough room for more prisoners. Neither do
we have room for them on the streets. The answer to prison overcrowding and
funding is a comprehensive targeting of unlawful behavior in the form of
juvenile and adult intervention and effective criminal deterrents. There is
strong evidence that the habitual felon statute has been a deterrent. The
violent crime rate dropped 25.8 percent over a decade. Since 1991, burglary
is down 29.4 percent, aggravated assault down 30.6 percent, rape down 24.5
percent and murder down 42.2 percent. The healthy economy of the last
decade may have been another factor that contributed to the decline in
crime. But if, as trend data often show, crime will rise again with a
failing economy, N.C.'s problems are only beginning at a time when the
General Assembly is aiming to make substantial cuts.

Consider, for example, those criminals who have been labeled "habitual"
since the statute was put into full-time effect in January 1997. They
represent a random sampling of repeat offenders who have made crime their
careers. Upon peeling back the layers, one finds that it's not as simple as
making property crimes low-level offenses or simply releasing some
non-violent habitual offenders to make room for the violent ones, thus
saving prison bed space and taxpayer money.

Since 1997, Buncombe County has prosecuted a total of 256 habitual felon
cases. Fifteen of those felons are women; about half are black. That year,
for example, Antonio Boseman received a minimum of 116 months for crimes
ranging from sale of cocaine to assault and finally possession of firearms
by a felon. Ricky Haun got 107 months for breaking and entering auto,
forgery, indecent liberties with a minor, possession of stolen auto and
finally, habitual impaired driving. Robert Sartori received 107 months for
repeat offenses of felony larceny, B&E and finally possession of stolen
goods and larceny with a firearm.

Just last week, Buncombe sentenced three habitual offenders. Given the
range of felonies for which they were sentenced, which one(s) could be
considered non-violent and thus released back into our neighborhoods?

n Billy Rucker - sentenced to 70-93 months for crimes ranging from passing
bad checks, possession of drug paraphernalia, assault on a female,
attempted 2nd degree rape, common law robbery and felony larceny.

n Tyrone Hunter - 135-171 months for a list of crimes dating back to 1975,
including B&E, possession of stolen goods, assault on a woman (twice) and
sale and distribution of cocaine.

n Curtis Bishop - received 101-131 months for crimes ranging from forgery,
escape from state prison, 3 DWI violations, robbery, assault on a child
under 12-years-old, assault with a deadly weapon and finally, eluding
officers and reckless driving while on the revoked list.

A random sampling of the county's habitual felons indicates that their
crimes range from non-violent to extremely violent. The economy is
suffering. State officials are searching for ways to cut spending. Since
about 65 percent of habitual felons in the state incur the label after
committing lower-level drug and property crimes, the argument goes, why not
release them to less expensive treatment programs?

Well-paying jobs are scarce. What's the incentive for drug dealers to stay
off the streets and away from young kids - to make career thieves settle
for the type of 9-5 jobs they qualify for? In Buncombe, many youthful
offenders have been given the opportunity to attend drug court mandated
treatment and to maintain a clean record in return for dropped charges.
Some make it successfully through - many do not, and wind up back on the
streets committing crimes for which public outcry demands a prosecutorial
response. The threat of a lengthy prison term may be all we have standing
between safe homes and crack houses, a livable community and the turf war zone.

One of the primary responsibilities of government is to ensure public
safety. There's no cheap and easy way to do this, but there are
cost-efficient strategies that must be attempted in lieu of a criminal
turnstile at the prison door. Let's give the drug courts a chance to work
for those who want to get treatment and job training. If there is such a
thing as model prisoners, have them serve minimum sentences with strict
oversight on parole. Also, consider ways to cut management and
administrative costs while shoring up front-line staffing. If N.C. manages
to vacate 1,879 prison beds by issuing "get out of prison fast" cards to
habitual offenders, the state may be closer to balancing the budget.

But the cost in lives, personal injuries and property damage would be a
Pyrrhic victory at best.