Three new laws could overhaul criminal justice in North Carolina: Here's how - Burlington Times News
Three bills signed into law by Gov. Roy Cooper are poised to make significant changes to several aspects of the state's criminal justice system.
Earlier this month, Cooper addressed several bills, ratified by state lawmakers, by signing them into law. Three of those bills were part of a largely bipartisan effort to overhaul the state's criminal justice system.
The bills are House Bills 436 and 536, and Senate Bill 300, which are respectively titled Support Law Enforcement Mental Health, Law Enforcement Duty to Intervene, and Criminal Justice Reform.
"We have seen that the criminal justice system doesn’t always treat everyone the same, and too often the differences are disproportionately felt by people of color,” Cooper said. “This legislation will take us one step further toward a more equitable and just North Carolina for all.”
Criminal justice reform became a significant part of the governor's agenda following last year's extrajudicial killing of Minneapolis man George Floyd. In the following weeks, the governor commissioned the creation of the Task Force for Racial Equity in Criminal Justice. Their goal was to identify issues with North Carolina's criminal justice system and brainstorm possible solutions.
After that task force, led by state Attorney General Josh Stein, presented its findings, Cooper assured the public he would act on the suggested policy prescriptions. House Bills 436 and 536, and Senate Bill 300 are the first pieces of legislation derived from those policy prescriptions.
House Bill 436
As its name implies, the Support Law Enforcement Mental Health bill is geared toward ensuring individual law enforcement officers are mentally healthy enough to deal with the rigors of their profession. The bill's primary function is to provide mental health screenings for prospective law enforcement officers while encouraging proper mental health practices for existing officers.
Specifically, the bill establishes "minimum educational and training standards that may be met in order to qualify for entry-level employment as an officer in a temporary or probationary status or in a permanent position," reads a portion of the bill.
The bill goes on to specify mental health screenings as an "examination, including a face-to-face, in-person interview conducted by a licensed psychologist, to determine the criminal justice officer's psychological suitability to properly fulfill the responsibilities of the criminal justice officer," the bill reads. "If face-to-face, in-person is not practicable, the face-to-face evaluation can be virtual as long as both the audio and video allow for a professional clinical evaluation in a clinical environment."
Resources for maintaining mental health will also be made "specifically available to criminal justice officers or justice officers to all criminal justice agencies or departments in the State that employ officers."
House Bill 436 goes into effect on Jan. 1, 2022.
House Bill 536
In the initial days following Floyd's death, public outcry emphasized the officers who were witnesses to the incident but did nothing to stop it. House Bill 536 seeks to address this by requiring officers to intervene when witnessing other officers using excessive force.
"A law enforcement officer, while in the line of duty, who observes another law enforcement officer use force [believed to be excessive] ... and who possesses a reasonable opportunity to intervene, shall, if it is safe to do so, attempt to intervene to prevent the use of excessive force," reads a portion of the bill. "Additionally, the observing officer shall, within a reasonable period of time not to exceed 72 hours thereafter, report what the officer reasonably believes to be an unauthorized use of force to a superior law enforcement officer within the agency of the observing officer, even if the observing officer did not have a reasonable opportunity to intervene."
The bill also bestows oversight powers to at least one of the General Assembly's committees.
"No later than March 1 each year ... the Joint Legislative Oversight Committee on Justice and Public Safety [shall receive a report] regarding the number of individuals," reads the bill, before specifying the reports shall not be public record.
Parts of this law become effective on Oct. 1.
Senate Bill 300
The policy prescriptions published by the Task Force for Racial Equity in Criminal Justice touched on a number of topics relating to criminal justice reform. Senate Bill 300 is a sort of catch-all bill that enacts more of those police prescriptions than the two others.
Perhaps the bill's most impactful policy change entails the creation of a statewide database on police misconduct.
The database will contain statewide revocations and suspensions. Based on the bill's language, the database will be available to the public.
Other changes include an increase in training and oversight for law enforcement, standardization of law enforcement entry requirements, and the establishment of a law enforcement physical fitness study among several other changes.
Parts of the bill go into effect as early as October.
Dean-Paul Stephens covers racial justice. Follow him on Twitter @DeanPEStephens. If you have tips, send an email to [email protected].
source: https://www.thetimesnews.com/story/news/2021/09/27/three-bills-set-make-sweeping-changes-how-we-do-criminal-justice-laws-governor-roy-cooper/5842386001/
Your content is great. However, if any of the content contained herein violates any rights of yours, including those of copyright, please contact us immediately by e-mail at media[@]kissrpr.com.