In recent months, North Carolina has passed a wide-ranging law, often referred to as “Iryna’s Law.” You may have heard the devastating news of Iryna Zarutska, a Ukrainian refugee who lived in Charlotte, NC that was tragically murdered on the Lynx train. This incident drew public attention to concerns about how the criminal justice system handles pretrial release and mental-health risks. Due to this tragedy, the North Carolina General Assembly passed House Bill 307 or “Iryna’s Law.”
At its core, Iryna’s law is about increasing oversight and caution before certain defendants are released from custody. One of the law’s primary goals is to reduce rapid or automatic pretrial release in cases involving serious public-safety concerns. Under Iryna’s Law, courts face new limits and obligations when deciding whether someone should be released after being charged with certain offenses.
- Unsecured bonds, or “cashless bail”, are restricted for specific serious or violent offenses
- Judges are more often required to make release decisions, rather than magistrates alone
- Courts must clearly explain their reasoning when deciding whether to release or detain someone
This law does NOT eliminate bail or require detention in every case but rather narrows the broad discretion magistrates have and require greater justification and documentation before someone is released.
Mental Health
Iryna’s Law also places greater emphasis on mental-health risk assessment in criminal cases. When there are reasonable grounds to believe a defendant may be dangerous due to a mental-health condition, courts may be required to
- Order a mental-health evaluation, and
- Delay release decisions until that evaluation is completed
This does not mean a person is presumed dangerous because of mental illness. It means courts are expected to pause and gather more information before deciding whether release is appropriate.
Violent Offenses
This law creates a sort of “new” category of violent offenses. Under the amended law, defendants charged with violent offenses are subject to specific conditions of release and may be subject to other proceedings. Violent offenses are defined in NCGS 15A-531(9) as including any of the following:
- Any Class A-G Felony that includes the use of physical force against a person, assault, or the threat of physical force against a person, as an essential element of the offense.
- Any felony requiring registration as a sex offender
- Any offense under NCGS 14-18.4, 14-34.1, 14-51, 14-54(a1), 14-202.1, 14.277.3A, or 14-415.1, or an offense under NCGS 90-95(h)(4c) that involves fentanyl.
- Attempts to commit any of the listed offenses
Under Iryna’s law, defendants charged with violent offenses are subject to specific conditions of release and may be subject to other proceedings.