Waters muddied on early release after lawmakers told only non-violent offenders included

But state officials also initially told lawmakers during a morning committee hearing that only offenders in for non-violent crimes would get out early. A prison system spokeswoman called WRAL News after the meeting to correct that.

One of the methods the system will use to reduce sentences under the plan may impact people with violent records, Department of Public Safety spokeswoman Pam Walker said.

That distinction was not clear during the hearing, when Commissioner of Prisons Todd Ishee and Chief Deputy Secretary for Adult Correction and Juvenile Justice Tim Moose answered lawmaker questions.

At one point, asked by Committee Chairman James Boles to "assure the North Carolina public" about the plan, Moose was specific: “No one has been, is being released in this agreement that has committed a crime against a person in their current offense.”

Crimes against a person is a category that includes all violent crimes.

"If we confused folks with what we were trying to do, we'll certainly go back in front of the committee and correct it," Moose told WRAL News Tuesday afternoon. "We were trying to do the best that we could to explain a very technical process."

"At no time, until you contacted me," Daniel told WRAL News Tuesday afternoon, "was I ever under the impression that somebody who committed a crime against a person would be released under this agreement."

Ishee also promised "a very individualized assessment of each person" who is released. He couldn't immediately give a breakdown of how many people would be released from minimum security, medium security and close custody, but he said most will likely come from the lower security categories as the system works through a list of 4,000 to 5,000 inmates potentially eligible for release under the settlement

"There could be some outliers," Ishee told lawmakers gathered for a joint House-Senate committee meeting Tuesday morning.

When Moose said only non-violent offenders would be affected, he was talking about inmates released through the system's Extended Limits of Confinement program, Walker said later in the day. The state ramped up that program last year, and it essentially lets people finish their prison sentences from home or a transitional housing facility, supervised by a probation officer.

So far, it has affected about 1,000 people.

But inmates who committed crimes against a person may get out early through the state's discretionary sentencing credits program, another early-release program which ultimately cuts a person's sentence, but can't cut it below their minimum sentence, Walker said.

"May be released earlier," Walker said. "But they still would have been released this year (regardless of the settlement)."

"There are some that have been model offenders," Walker said. "They could potentially get those discretionary credits."

At one point during the morning meeting, Moose may have made this distinction, in response to a question from state Sen. Danny Britt, R-Robeson. Britt's question is unintelligible on a WRAL News recording of the meeting, but Moose's answer gets into the ins and outs of the different programs.

“If the individual comes out under the traditional post-release method, in other words they are awarded discretionary credits because of good behavior … it would include those individuals that meet that criteria that you said," he told Britt. "If an individual is being considered for the Extended Limits of Confinement, that answer is no, because the crimes against a person automatically rules out anybody for Extended Limits.”

Because both sides agreed to confidential negotiations to reach the settlement, Ishee told questioning Republicans Tuesday that he couldn't say just how many early releases the other side sought as negotiations boiled down to the 3,500 who will be released over the next six months.

“I think it’s safe to say that there was interest from the plaintiffs that the number was higher," Ishee said.

"We can’t even hear what the deliberations are," said Rep. Carson Smith, R-Pender, a retired sheriff. "That’s a great way to get around the legislature.”

All of the early releases will have supervision akin to normal parole or probation, the state has said. Daniel, R-Burke, asked three times whether any of the groups that sued would help former inmates with re-entry.

Moose said the groups asked for lists of people who will get out early “for the stated purpose of providing assistance," but he couldn't speak to what they'll provide.

Daniel also suggested some people are safer in prison because they will have difficulty finding employment after release and may be "surrounded" by drugs. Ishee said the regular re-entry process will be accelerated, but all of the normal steps to prepare people for release will happen.

Sen. Bob Steinburg, R-Chowan, pointed out that everyone to be released was going to get out this year anyway, regardless of the settlement. He asked Ishee for the average time state prisoners spend behind bars, and though Ishee didn't have the number off the top of his head, the commissioner said many people find it "surprisingly low."

Steinburg, who has made prison system staffing reforms a priority and visited most, if not all, of the state's prisons, said most people in the system aren't there for really serious crimes.

Ishee said during the hearing that prisons "were not built for social distancing" and that cutting the population makes things safer for staff and inmates.

"Understanding the scope of our challenges, we thought the settlement was a good solution," he said.