Iryna’s Law faces pushback due to concerns of overcrowded jails and courtrooms

CHARLOTTE, N.C. (QUEEN CITY NEWS) — Iryna’s Law is already drawing pushback from some in the legal community, saying it will crowd jails and courtrooms.

Iryna’s Law, named for Iryna Zarutska, who was stabbed and killed on Charlotte’s light rail in August, is a tough-on-crime approach that Republican lawmakers passed through the General Assembly on Tuesday.

Decarlos Brown, the man accused of killing Zarutska, had a violent criminal history, but in January, he was only charged with a non-violent misdemeanor crime and released by a magistrate on a written promise.

“This creates, or basically does away with written promises to appear. It creates a new concept of what would be considered a violent offense. It creates a protocol under which a judicial official would be required to order a mental health evaluation if the defendant is charged with a violent offense and has been involuntarily committed over the last three years,” said Senator Danny Britt.

There are concerns from some in the legal community that the law, if enacted, will lead to overcrowded jails and courtrooms.

“It’s going to add a logjam in the process that’s already log jammed,” said Queen City News Chief Legal Analyst Khalif Rhodes.

Rhodes says lawmakers should have added funding to the bill for more mental health clinicians to go out in the field with police and help with involuntary commitments when there are mental health concerns for people who are arrested.

Brown’s mom says he was diagnosed with schizophrenia and she had him involuntarily committed in the past.

Rhodes says funding is a big issue with Iryna’s Law. While the bill adds 15 more staff members for the District Attorney’s Office, Rhodes says lawmakers should focus on funding other areas.

“It would have been more appropriate to fund more judges. We’re already down two judges, we need two additional judges, based off the numbers, that we could utilize more,” said Rhodes.

Queen City News reached out to Mecklenburg County District Attorney Spencer Merriweather about Iryna’s Law. He sent the following statement:

“We’re hopeful about the possibility of additional resources for the DA’s Office, as we have been through the course of this legislative session, but, in the meantime, it will be important to see what is actually enacted before commenting on legislation that still has many steps to take before becoming law.”

Mecklenburg County Sheriff McFadden provided the following statement to Queen City News Anchor Robin Kanady:

“At this point, it is not possible to anticipate what our population numbers will look if Iryna’s Law (House Bill 307) is signed. Its ultimate impact will depend on several factors outside of our control, including how courts apply the changes and the volume of cases that fall under the new provisions. While we do expect our population to increase if this bill is made law, we cannot estimate what that increase will look like.”

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