INEQUITY QUESTIONS ARISE FOR HABITUAL FELON LAW

The habitual felon law could be the subject of considerable debate
after the General Assembly convenes May 10.

And well it should.

To refresh your memory, here's what the law says: A person convicted
of three felonies can be considered eligible for sentencing as a
habitual felon on his or her fourth felony conviction. The felon will
receive a minimum of almost four years in prison regardless of how
minor the underlying crime.

One of the reasons General Assembly members should at least discuss
the issue thoroughly is, as The News & Observer of Raleigh pointed out
last week, some who are sentenced for nonviolent crimes such as
writing bad checks, breaking and entering and drug dealing and
possession, are penalized just as harshly as a kidnapper or a rapist.
That doesn't seem fair or reasonable.

The News & Observer article noted that the N.C. Sentencing and Policy
Advisory Commission, which advises the Legislature, is proposing
lesser penalties for many habitual felons - many of those found guilty
of nonviolent crimes. The article also noted that the commission
estimates changes could reverse the need to add about 1,900 beds over
a 10-year period, which could translate to savings of about a
half-billion dollars by the end of the decade.

The felony list is divided into nine classes of crime with Class A -
first-degree murder - the most severe and Class I - breaking/entering
a motor vehicle, possession with intent to sell/distribute marijuana
and felony possession of cocaine - the least severe. Class F -
involuntary manslaughter, indecent liberties with a child and habitual
impaired driving - probably should be the dividing line between severe
and less severe penalties. The crimes of 80 percent of prisoners
serving sentences under the habitual felon law are in Classes G
through I, the nonviolent categories.

This is not to suggest that penalties for those convicted of
nonviolent habitual felonies should be reduced dramatically. Such
sentences should be considerably longer than for those convicted of
the same classes of crimes before they become eligible for habitual
felon law prosecution.

The process deserves thorough examination.