Iryna’s Law goes into effect, cracks down on pretrial release

CHARLOTTE — Less than four months after Iryna Zarutska was killed on Charlotte’s Light Rail, a new law in her name went into effect Monday that should keep violent, repeat offenders behind bars longer.

Iryna’s Law cracks down on pretrial release, requiring judges to consider a suspect’s housing information, full criminal history and explain their decision in writing. Under the new legislation, anyone charged with a violent crime or convicted of three or more crimes in the last 10 years is ineligible for an unsecured bond, which means they will have to pay money to get out on bond.

North Carolina lawmakers passed the bipartisan criminal justice reform package after Zarutska was stabbed to death on her way home from work in August.

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Republican Tricia Cotham was one of the bill’s chief architects. She says it eliminates catch and release practices for violent offenders.

Judges and attorneys were abiding by the new rules Monday morning in court, which appeared to have slowed down the process.

Some suspects were set aside because their criminal history wasn’t known.

Rob Heroy is a defense attorney who said anyone who is arrested can expect to spend longer in jail.

“It’s going to be a total disaster over there,” Heroy said. “It creates a lot more that the courts, that the jail has to do, and they don’t necessarily have the funding to do what it requires.”

The defense attorney said the system will punish people disproportionately because some can’t afford bond.

Heroy said he understands the need for criminal justice reform but he’s unsure this is the answer. He said everyone must be patient with the new law.

“People are not going to have bonds set,” he said. “Judges are going to be working into the night. Cases are going to get held over to another day even though that person is supposed to have it set that day. It’s going to be a mess.”

Zarutska’s accused killer, Decarlos Brown, had a history of incidents with police. Seven months before her murder, he was allowed out of jail with a written promise to go to his next court appearance.

This new law also gets rid of judges giving defendants a written promise to appear where they would pay nothing. They are held to their word to show up for court.

Heroy said getting rid of that is just for show, because judges can still give unsecured bonds, which means you don’t pay anything to get out of jail. However, if you break your conditions, then you would have to pay.

Jail population

Sheriff Garry McFadden expects the jail population to increase, and he says he’s worried about staffing.

“Each dorm or pod room has to have a body,” he said. “When we talk about capacity, we can deal with it, but we have to have the staff to manage it.”

Some Mecklenburg County Commissioners are concerned the law could strain an already stretched system. As state and county officials prepare for more suspects to be held in jail, some are calling it an unfunded mandate.

“I see a backlog happening as a result of these arrests, not being able to move people out of the system,” Commissioner George Dunlap said.

VIDEO: County braces for jail surge as Iryna’s Law takes effect Monday