Iryna's Law will lead to dangerous Mecklenburg jail overcrowding, sheriff warns
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Sheriff Garry McFadden speaks at a Dec. 8 press conference.Photo: Alexandria Sands/Axios
Mecklenburg County Sheriff Garry McFadden says he is bracing for dangerous jail overcrowding after the passage of Iryna's Law, the state bill enacted in the wake of the fatal August light rail stabbing of Ukrainian refugee Iryna Zarutska.
Why it matters: House Bill 307 is intended to keep criminals off the streets, but it does not dedicate new funding for keeping more suspects in custody longer, leading to concerns about the safety of both employees and inmates within the jail's walls.
By the numbers: The Mecklenburg County Detention Center population is already up 18% since last year, according to the sheriff's office.
- Although police say crime is down, court cases continue to back up in Mecklenburg. Inmate population is reaching the mid- to high-1,600s, some of its highest numbers since McFadden says he took office.
What's inside: Among other reforms, "Iryna's Law" limits cashless bail for certain violent and repeat offenders as of Dec. 1. The alleged light rail attacker, Decarlos Brown Jr., was out on a written promise to appear.
- In a Monday press conference, McFadden said the changes undermine the discretion of magistrates and judges. He and his staff are concerned about backups in arrest processing.
- "When you put people that are dealing with a volatile time — and a lot of them — in a little area, it can get dangerous," Major Robert Abee said.
- Starting in December 2026, the law will also require more mental health evaluations, which will require officers to testify before a magistrate and likely lead to longer waits, Abee explained.
- "When that goes into place, we're looking at a whole different nightmare," Abee said. "Our main goal in arrest processing, honestly, is to get our officers, our deputies, back out on the streets."
- They also expect the changes will create a waitlist for the RISE program, a restoration program for people with mental illness that can serve up to 36 counties but only has 25 beds for people with behavioral health issues.
State of play: McFadden suggests the law was created because the video of the stabbing caught national attention, and politicians saw it as a way to advance their agendas.
- Seventeen of the state's House Democrats voted with Republicans to pass Iryna's Law in September. The Senate split along party lines, though most Democrats left the chambers before the vote was called.
Yes, but: Some Democrats are embracing more "tough-on-crime" policies, Axios reported.
- Ultimately, Democratic Gov. Josh Stein also signed the bill just days before the deadline. He noted it did not go far enough on issues such as mental health and gun control.
The other side: Eddie Caldwell, executive vice president of the N.C. Sheriffs' Association, told the Observer he has not heard any concerns from sheriffs about the bill. Caldwell said the association backed the bill, and the legislature was responsive to all their requested changes.
- The law included funding for 10 new prosecutors and five legal assistants in Mecklenburg County, a request the district attorney has long advocated for.
- But McFadden said lawmakers never asked for his input.
- "The only thing that we are asking for (lawmakers) to do, to allow us to have a seat at the table and have a voice," he said.