NY Post analysis questions NC pandemic-era inmate releases; lawmakers launch probe

RALEIGH, N.C. (WTVD) -- A new analysis, conducted by The New York Post, has raised questions about the safety of a pandemic-era settlement that led to the early release of at least 3,500 North Carolina inmates.

The outlet reviewed state records related to individuals released as part of the settlement.

That data showed that based on a sample of 1,180 prisoners, 48% were arrested within the following two years. Of that sample, 20% were convicted.

This report comes during a heated Senate race between Michael Whatley, the former Chair of the NCGOP and Republican National Committee, and former Governor Roy Cooper.

In March 2020, civil rights groups called on law enforcement officials, ranging from sheriffs to judges to then-Governor Roy Cooper's administration, to take measures to prevent the spread of COVID-19 within jails and prisons, in part by releasing offenders who were at high-risk, had a projected release date within twelve months, or approved for work release.

Those groups claim they did not receive a response to this request from the Cooper administration.

In April 2020, Forward Justice, the ACLU of North Carolina, Disability Rights NC, Emancipate NC, and the National Juvenile Justice Network, and attorney Irv Joyner filed a mandamus petition in the North Carolian Supreme Court on behalf of the NC NAACP and people who were incarcerated against Cooper and the Department of Public Safety. Joyner told ABC11 that his involvement in the litigation was short-lived due to medical issues he experienced shortly after the lawsuit's filing.

According to a timeline provided by the ACLU of North Carolina, in June 2020, a Superior Court Judge ruled that the plaintiffs were likely to win their claim that those incarcerated during the pandemic were being held unconstitutionally.

A legal filing in August 2020 claimed the state showed "an unwillingness to exercise their lawful authority to expand the pool of people eligible for (Extended limits of Confinement) or release, even though the Court directed them to do so to remedy the likely unconstitutionally dangerous prison conditions."

In February 2021, a settlement was reached by the state and civil rights groups, which prompted the release of those prisoners over the following 90 days.

Data which analyzed a sample of 1,180 prisoners released as part of the settlement found that 38% were released 14 to 30 days early, 30% were released 31 to 60 days early, 21% were released 61 to 90 days early, and 11% were released over 91 days early.

Of that sample of offenders, 96% were previously arrested and 64% had been previously incarcerated.

In April of this year, House Speaker Destin Hall and Senate President Phil Berger announced a joint legislative subcommittee to investigate the COVID-era prisoner releases.

In a statement, Hall said public safety must be the government's top priority.

"Public safety is the most important responsibility of our government. If Roy Cooper or any other official failed at this most basic responsibility, the people of this state deserve to know about it."

The subcommittee will be chaired by Sen. Buck Newton and Rep. Brenden Jones, both Republicans. The rest of the subcommittee includes eight Republicans and four Democrats; one of its announced members, Sen. Terence Everitt, a Democrat, has since resigned from political office.

The subcommittee is expected to examine how the release decisions were made and whether proper safeguards were in place.

Political fight intensifies

The issue has become a flashpoint in North Carolina's U.S. Senate race.

Cooper, the Democratic nominee, has pushed back against criticism from Republicans, who have used the report to question his record on public safety.

A spokesperson for Cooper's campaign said similar claims have been "fact-checked for months and found to be false," and emphasized that public safety has been a top priority.

The spokesperson also noted that Cooper declined calls from outside groups to commute sentences more broadly during the pandemic.

Following the publication by The New York Post, Whatley wrote in part:

"This was a deliberate, reckless choice that prioritized violent criminals ahead of innocent North Carolinians. Roy Cooper failed at his most basic duty as governor, protecting the people of North Carolina."