KEEP SANCTIONS IN HABITUAL FELON LAW

North Carolina's habitual felon law has served the state well. It helps
keep repeat criminals out of society and it sends the message that repeat
criminal behavior comes with consequences. But some revision, as proposed
in a bill now in the Legislature, might not hurt - provided it does not
take the teeth out of the law.

Under state law, any defendant who has pleaded guilty to or been convicted
of three felonies may also be indicted as a habitual felon, thus receiving
added prison time. Defendants who have been convicted of two violent
felonies also may be indicted as violent habitual felons.

Some critics of the habitual felon law say that the law is not being used
as intended and is open to frivolous abuse. They say too many criminals are
being charged as habitual felons and being imprisoned for nonviolent crimes
such as check forgery, which increases the cost of running the state's
prisons. A former official of the Administrative Office of the Courts told
the House Judiciary IV Committee this week that 77 percent of those
eligible for habitual felon status have never committed more than a
low-level felony.

A bill filed in the House would revamp the habitual felon law to give
judges more discretion in the sentencing of those convicted under the law.
This week, the bill was sent back to a subcommittee for further work. A
compromise now appears in the works, one that would exempt violent felons
from the flexible sentencing options but allow judges more leeway with
lesser felonies.

All laws require some restraint in their application. The first line of
discretion with this law rests with prosecutors, who ought to resist the
temptation of applying a "three strikes" standard to all defendants
eligible under the habitual felon rule. It also makes no sense to have
violent and nonviolent habitual felons face the same length of sentence. A
revision of this law makes sense, as long as public safety is paramount.
Lawmakers should retain the more severe penalties for those repeat violent
felons who deserve them.