JAC minutes 030218 - Laserfiche WebLink

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Caitlin Fenhagen indicated concern of some cases currently been seen on deferrals from court that did not have funds wanting to make sure money was not the cause for extended jail time. Sheriff Blackwell reported he was pleased to have the courts and law enforcement walking the same path. Jim Woodall reported that 15B District,which has been Orange and Chatham is no longer within the same judicial district. As a result of House Bill 717 Orange County is a standalone county and Chatham County is aligned with Randolph County.This bill would also cause Orange County to lose two judges.The prosecutor's office could be split between two districts.The district attorney office is not sure of its affect at this time. Introduction to FIT Program Reentry Community Health Worker—Presenter Julia Vann Julia Vann gave a brief overview of the FIT Program, which would address health disparities of incarcerated population in Orange County to include chronic disease management. Dr.Ashton at Piedmont Health Center will provide healthcare to this population. Services to be provided include nutrition, behavioral health,job skills and referrals to resources as needed.The staff is utilizing Durham County as a resource to help identify barriers and well as solutions to overcome identified barriers. Caitlin Fenhagen identified five students from UNC Public Health Department assisting with the program,which is funded through Duke Endowment. Court Fines and Fees: Criminalizing Poverty in NC—Presenters Gene Nichol and Heather Hunt Gene Nichol discussed at length on a broad level the criminalization of poverty in NC, which is currently under study. Mr. Nichol proposed that gathering data on this concern somewhat problematic. He made several references to information shared by Judge Marcia Morey as to the legal system's treatment of poor people. Mr. Nichol made mention of the fact that the Fourteenth Amendment prohibit states from punishing a person for his poverty,yet the judicial system is funded by fines clouted upon the poor on a routine and increasing basis across North Carolina and much of the county. Mr. Nichol expounded on the kind and types of fees that are levied as the punishment for breaking a law. Mr. Nichol highlighted that debtor's prison in the United States was banned under federal law in 1833 poor people are still regularly incarcerated because they can't pay before jailing them; however this rule is more often than not ignored or skirted. Even though Judges have the authority to waive many court cost,judges waive only about 8%of cases statewide. Mr. Nichol stressed that the consequences of this type of system upon the poor to include perpetual debt, extension of probation, driver's license revocation, and jail time. This system is turning courts into debt collectors and discriminating against the poor. Ms. Heather Hunt reported on the cycle of poverty and hardship. Ms. Hunt indicated that this is a national issue. Ms. Hunt pointed out that in their studying the issue they found that over half of households interviewed did not have $400.00 dollars in an emergency fund. She suggested that legislature has acquired a taste for fees. Where there is a hole in the budget they turn to fees to fill the gap. North Carolina ranks third in the nation for fees. Penalties,fines and fees impact defendants already suffering from poverty.Jail time undermines one's ability to increase opportunity to do better. Hardships don't stop with defendants but extend to children and extended family members. Currently the cost to the state is not known and there is no way to monitor. Sheriff Blackwood asked, "If one is trapped in this cycle, how do we ensure accountability and get them out of this vortex?" Gene suggested that the scheme is so well in place—funding the criminal justice system need to be rolled back. Paying for the criminal justice system by squeezing money out of the most improvised and should be paid for by everyone. Courts are frequently violating constitutional norms without thinking about it. It was contented that judges are frequently required to waive fees and should not be shamed for it. Sheriff Blackwood pointed out that Orange County is doing things on the front end to avoid sending people to jail. Ms. Hunt appraised that they had no current data as to what is happening in Orange County in that there is no collection of data to explain the use of fines and fees. Ms. Hunt shared that there are individuals that waive their rights to a lawyer because they are afraid they will get in the cycle of paying fines and fees.Judges in Mecklenburg County are standing up against this process and want to do something to change it. The legislature is increasing pressure. Barry questioned is anyone feel comfortable that Orange County is not at the highest rate for waiving fees?Jamie Stanford suggested that the legislature is putting pressure on judges and the clerks of court to impose these fines and fees. Barry suggested there be a resolution created for the County Commissioners to dissolve these fines with a letter to stakeholders. 2