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Published: 2009-11-05 18:20:00
Updated: 2009-11-19 16:32:53

Pending inmate releases could prompt legislative session


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As the legal battle to keep 27 inmates in prison brews, some state officials are considering a back-up plan to address the issue.

The 27 inmates were scheduled to be released last Thursday after the state Supreme Court agreed with double murderer Bobby Bowden, who contended that a 1970s law defined a life sentence as 80 years and sued for his release.

The 1981 Fair Sentencing Act included a retroactive provision that essentially cut all of those sentences in half, and good behavior and other credits have shortened the sentences to the point that they are now complete.

Gov. Beverly Perdue opposes the releases, saying that the convicted killers and rapists would be let out from prison with no provision for any continued supervision after their release. Over time, she said, more than 120 people serving life sentences could qualify for early release under the Supreme Court's ruling.

"I'm going to do whatever it takes to play every card in the deck to keep these prisoners in jail," Perdue said.

That includes possibly calling a special session of the General Assembly to address the issue.

The 2010 legislative session doesn't begin until May, and the Supreme Court could rule on Perdue's efforts to block the inmates' release long before that. Court arguments are expected in the next month.

"I do know if there was a session what kind of legislation I would ask for. I have a staff working on that," she said, adding that she hopes she doesn't have to bring lawmakers to Raleigh.

Senate Majority Leader Tony Rand said lawmakers also are looking for solutions to the inmate releases.

"(We're) trying to figure out what we can do in the constitutional fashion," said Rand, who announced Wednesday that he will resign his legislative seat in the coming weeks to become chairman of the state Post-Release Supervision and Parole Commission.

"If the need arises to protect the people of North Carolina, I would hope there would be (a special session)," he said.

No legislation could be passed that would retroactively extend the prisoners' sentences, Rand said, but lawmakers might be able to put supervision conditions on them after their release.

Raleigh defense attorney Karl Knudsen said it would be unconstitutional for the General Assembly to add an additional punishment or requirements on the inmates after the fact.

"You can make (the sentence) better, but you can't make it worse," Knudsen said.

He said a special legislative session "would be a waste of money."

A special session would cost North Carolina taxpayers about $50,000 a day for legislative staff salaries, travel expenses and daily allowances for lawmakers.


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pbjbeach:

While you continue to rant on about Bush, keep in mind that had these criminals committed their crimes in the state of Texas, more than likely, they would have received the death penalty and executed long ago. Surely knowing this will help erase some of the hate you have for Bush. Just give it some thought.....

Quite frankly if they are holding them just to grandstand and know that good behavior credits are not the issue than these inmates are being unlawfully incarcarated which is likely going to end up costing the taxpayers money in possible civil suits. Honestly, the federal government needs to step in because their federal civil rights are actually being violated by the state of North Carolina. And let me say that yes I do realize these men have done terrible crimes and I am an ardent supporter of being tough on crime probably more so than most. But the law is the law and North Carolina needs to be held accountable for possible false inprisonment.

pbjbeach: As usual, your comment makes absolutely no sense. George Bush has absolutely nothing to do with this story.

It is all about spending more money, what is it going to cost us now?? They are going to get out and then turn around and sue the state for millions due to not releasing them on the dates they should have. A court will uphold their claim that the state held them under unlawful reasons. And you and I will pay even more taxes for the lawsuites they will win. Let them out, give them big money now,it will be cheaper in the long run.

If you ask me every since the bush adminstration has been in charge of this country there are no longer any constitutionaly right to be provide to an indivsual citizens as that they have allowed for the states rights to take precedence over the indivsuals rights an this is proabbly why that state employees also no longer have any work place rights within the woprkplace because everything has gone over to state rights. an state right are being abused in order to suppress an indivsuals rights in the work place or any where else

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