Articles Tagged with North Carolina Criminal Law

The Charlotte light rail murder of Iryna Zarutska led North Carolina lawmakers to enact Iryna’s Law, which restricted pretrial release throughout all 100 counties. The General Assembly acted before the State Auditor released preliminary findings concerning CATS security. Later reports document reduced armed staffing, unfilled positions, limited police coordination, disconnected camera systems, uncertain enforcement of exclusions, procurement concerns, and delayed safety spending. In the end, legislation did not restore North Carolina’s depleted mental-health capacity.

The reports released after lawmakers voted tell a harder story. The public record describes problems involving government procurement, private security contracts, reduced armed coverage, unfilled positions, weak fare enforcement, lack of direct camera integration with CMPD, unclear enforcement of transit exclusions, and delayed safety spending. North Carolina nevertheless imposed broad statewide changes upon the criminal courts before the public had even received the State Auditor’s preliminary findings about CATS.

The response fits a pattern addressed in a series of video commentaries by Bill Powers at the Powers Law Firm in Charlotte, NC.

The General Assembly puts a pot on the stove, cranks the burner to high, clamps down the lid, and walks away. When it boils over, lawmakers ask why the judicial system did not do more to clean up the mess.

Mental-health policy makes the point impossible to miss. In S.L. 2025-89, enacted 16 days before Zarutska was killed, lawmakers reduced recurring single-stream funding by $18,562,645, reduced recurring three-way-bed funding for inpatient psychiatric treatment at local hospitals by $15,675,205, and cut $10 million in recurring funding from the Mental Health and Substance Use Task Force Reserve Fund. The law then directed regional LME/MCOs to offer at least the same level of service utilization as the year before. In plain English, the State ordered the system to do the same work with less money.

The system lacked capacity already. In an October 14, 2025, letter to the General Assembly, Governor Josh Stein reported that 350 of North Carolina’s 900 psychiatric beds were vacant because low pay left state hospitals short-staffed. A separate Medicaid shortfall led NCDHHS to impose provider-rate reductions ranging from 3 to 10 percent in October 2025. Courts later required restoration of those rates, and NCDHHS said the underlying $319 million gap remained. These are not problems a bond order can solve.

As a criminal defense lawyer practicing in North Carolina since 1992, I see the courthouse as the end user of these policy choices. Judges and magistrates cannot staff psychiatric hospitals. Prosecutors and defense lawyers cannot create community treatment slots. Police officers and sheriffs cannot make a treatment bed appear by transporting a sick person to another locked door. Yet when the treatment system fails, everyone in the legal system inherits the emergency and is expected to manage the consequences of the General Assembly’s abdication of responsibility for funding and maintaining functional mental-health treatment capacity.

The courts are not above criticism. Judges, magistrates, prosecutors, defense lawyers, clerks, sheriffs, and police officers can and do make mistakes. Every part of the criminal justice system has room to improve. But lawmakers write the statutes, appropriate the money, and decide whether treatment capacity exists. The larger institutional failure starts upstream. Blaming the courthouse after the system collapses is politically easy. It is not serious public-safety policy. When lawmakers reduce treatment capacity, impose new burdens on the courts, and then fault courthouse actors for the resulting failures, the argument is not merely obtuse. It is disingenuous.

The harder question is not whether one magistrate’s decision deserved review. It is why City, County, and State officials moved so quickly to blame the courts and rewrite statewide law while local security failures, mental-health funding cuts, procurement decisions, and private contracting escaped comparable scrutiny.

Lawmakers Passed Iryna’s Law Before the Public Knew What Failed on Charlotte’s Light Rail

Iryna Zarutska was tragically killed on August 22, 2025. The General Assembly completed passage of the legislation later named for her on September 23, 2025. The State Auditor issued its preliminary CATS report on September 30, one week after the legislative vote. Governor Josh Stein signed S.L. 2025-93 on October 3, 2025.

The Federal Transit Administration announced 18 findings of noncompliance in February 2026. The State Auditor did not issue its follow-up CATS special report until August 17, 2026.

That chronology is difficult to ignore.

North Carolina rewrote pretrial release across all 100 counties before lawmakers received the State Auditor’s preliminary report on Charlotte’s security contracting and nearly a year before the follow-up report. The General Assembly chose a statewide legal remedy before investigators completed their examination of the local government systems surrounding Zarutska’s killing.

That does not mean the defendant should have been released. It means lawmakers rewrote statewide law while the public still lacked a complete account of the City and State failures surrounding the killing.

Iryna’s Law Tightened Pretrial Release Without Funding Mental-Health Treatment

Individual state legislators have a fair response to criticism: What was the General Assembly supposed to do? Wait for another preventable killing before acting?

That concern deserves a serious answer. The murder of Iryna Zarutska warranted immediate scrutiny of the release decision of the accused, available court records, CATS security, CMPD  Charlotte-Mecklenburg Police Department coordination, and the systems responsible for responding to serious mental illness. In a fair analysis, one would be remiss in failing to preface the conversation with the fact that government should not use an incomplete investigation as an excuse for paralysis when public safety may remain at risk.

But urgency does not excuse choosing a remedy that fails to address the underlying problem. It also does not excuse lawmakers from acknowledging their own role in creating the conditions that made the problem predictable.

Horrible Optics | The NC General Assembly defunded mental health

Sixteen days before Zarutska was killed, the General Assembly enacted recurring reductions to community behavioral-health funding, local psychiatric inpatient treatment, and the Mental Health and Substance Use Task Force Reserve Fund. When treatment disappears, serious mental illness does not disappear with it. The resulting crises arrive in emergency departments, police encounters, involuntary-commitment proceedings, jail bookings, bond hearings, capacity evaluations, and criminal courtrooms.

Judges are not psychiatrists. Magistrates are not clinical evaluators. Prosecutors and defense lawyers cannot create psychiatric beds or community treatment placements. Sheriffs operate detention facilities, not long-term psychiatric hospitals. Jails may provide mental-health services and temporary stabilization, but pretrial confinement is not a substitute for a functioning treatment system.

Detention may be necessary when the evidence establishes that a defendant presents a danger that cannot reasonably be addressed through available release conditions. That is a legitimate public-safety judgment. But Iryna’s Law did not create a narrow rule limited to defendants whose circumstances resemble those surrounding Zarutska’s killing. It repealed written promises to appear statewide, created new presumptions against release, required secured financial conditions in broad categories of cases, and expanded reliance upon electronic monitoring and private vendors.

The practical result is that more defendants may remain in county custody because they cannot satisfy a secured bond, cannot pay a monitoring provider, or live in a judicial district without adequate monitoring capacity. Many of those cases will bear little resemblance to the Charlotte light rail murder. The State still pays for detention, transportation, medical care, court appearances, and the administrative consequences of a larger jail population.

The expense is substantial. The precise daily cost of county pretrial detention varies. North Carolina reports an average daily prison cost of $149.92 for FY 2024-25, including $154.29 for medium custody and $181.68 for close custody. Even using a more conservative estimate of $110 per day for Mecklenburg pretrial detention, holding one defendant for 30 days costs approximately $3,300. Holding 100 additional defendants for the same period costs approximately $330,000. Those figures do not capture additional medical expenses, transportation costs, courthouse delays, lost employment, or the financial consequences imposed on families. North Carolina Department of Adult Correction

The concern is no longer theoretical. Mecklenburg County’s average jail population reportedly increased from 1,530 in November 2025, immediately before Iryna’s Law took effect, to 2,016 in June 2026. That is an increase of approximately 32 percent. Sheriff Garry McFadden acknowledged that the legislation was not the only cause, but the growth demonstrates the cost of expanding detention requirements in a system with finite space, staffing, and medical capacity. North Carolina Health News

North Carolina may therefore confine more people, spend well over $100 per person each day, and place additional pressure on crowded jails without treating the illness that helped produce the original crisis. A defendant with untreated schizophrenia does not become healthy merely because a secured bond keeps him in jail. The illness remains. The State has simply moved the problem behind a locked door.

Immediate action was justified. Finger-pointing was inevitable.

Legislation that expands detention while leaving treatment capacity unfunded does not resolve the public-safety failure. It postpones the same crisis, transfers its cost to counties and taxpayers, and leaves courts and law enforcement responsible for managing a mental-health system they neither control nor possess the clinical capacity to replace – Bill Powers, NC Lawyer

Charlotte Expanded the CATS Security Contract Without Clear Evidence of Competitive Bidding

The State Auditor’s preliminary report also contains some of the most troubling facts in the public record.

In 2022, the City of Charlotte divided its security solicitation into armed and unarmed components. The unarmed component was open only to firms certified through the Charlotte Business Inclusion program. The State Auditor concluded that this requirement functionally excluded other qualified vendors.

Professional Security Services, also identified in the reports as “PSS,” received the unarmed work. A City official purportedly explained during the City Council process that dividing the solicitation allowed PSS to move from a subcontractor role into the prime-contractor position and described that opportunity as a benefit of the arrangement.

Strategic Security Corporation received the armed-security work. In June 2024, the City canceled that contract because the company failed to satisfy contract requirements and perform to CATS’s satisfaction. The City then amended the PSS contract to allow PSS to provide both armed and unarmed services. According to the Auditor, there was no clear evidence that the City issued another request for proposals or otherwise used a competitive procurement process before adding the armed work.

The amended PSS contract funded up to 219 positions, including 39 armed personnel. The earlier G4S contract appears to have provided at least 68 armed personnel. Although the total funded security workforce grew, the armed component declined by approximately 42.6 percent. Around the time of the killing, CATS reported that PSS had filled 186 of the 219 funded positions.

Since 2022, CATS has entered into private security contracts collectively valued at more than $49 million. Those facts do not establish improper conduct by PSS. They do suggest the need for a serious examination of whether the City received the staffing, deployment, qualifications, supervision, and performance for which the public paid.

After the Charlotte Light Rail Murder, City Officials Added $23.1 Million in Transit Security Spending

Charlotte’s response to the 2026 report relies heavily upon later spending and staffing announcements. The City states that its authorized security-services contract increased from $5.8 million in FY 2022 to $23.1 million in FY 2027. It reports that contracted staffing grew from approximately 110 to 262 positions. It also cites added off-duty law-enforcement coverage, new dispatch capacity, fare inspectors, transit ambassadors, and planned technology.

One might reasonably ask, “What took so long? Y’all were well aware of the transit security issues and did nothing until you were called out.”

Those facts may describe meaningful improvements. They may also describe an expensive reaction to earlier failures. An authorized contract amount does not establish that every post was staffed, that deployed personnel had appropriate authority, that invoices matched hours actually worked, that supervisors documented performance, or that contract remedies were enforced when staffing fell short.

The City also states that Blue Line crime declined by approximately 69 percent during the first quarter of 2026 when compared with the same quarter in 2025, while bus-related assaults declined by roughly 67 percent. Its response does not provide the underlying incident counts, data definitions, or methodology needed to evaluate those percentages. A short comparison period can be informative. It is not a substitute for transparent performance data across a system receiving tens of millions of dollars in additional security commitments.

When the government responds to a failed or questioned contract by expanding contract spending, public scrutiny should increase both with the expenditure and why something wasn’t done before an innocent was murdered.

Fare Evasion Exposes CATS Failures but Does Not Explain the Charlotte Light Rail Murder

The 2026 report states that approximately 45 percent of CATS bus and rail riders did not pay, subject to a margin of error. CATS estimated that it lost between $5 million and $6.5 million each year. Fare-evasion citations declined from 4,763 in 2023 to 2,018 in 2025. CATS collected only $550 in light-rail fare-evasion fines during state fiscal year 2025.

From a taxpayer standpoint, that alone is unexcusable. How does a transit system allow that to happen?

An uncomfortable truth remains. Fare enforcement would not suddenly make riders without money able to pay. But enforcement is not merely about collecting a few dollars. Consistent enforcement may have prevented repeat and career offenders, including some unhoused people suffering from untreated serious mental illness, from using the light rail as a de facto shelter while repeatedly harassing paying, law-abiding passengers. It would not guarantee safety, but it would establish and enforce basic boundaries.

It’s not unreasonable to infer administrative incompetence and an enforcement system that failed at its most basic function. With an estimated 45 percent of riders not paying, annual losses of $5 million to $6.5 million, sharply declining citations, and only $550 collected in light-rail fare-evasion fines during FY 2025, CATS cannot credibly describe its fare controls as effective. The record supports serious consideration of controlled-access fare gates, simpler payment systems, increased inspections, and collection practices that can produce actual compliance.

They do not establish that fare evasion necessarily caused the killing, but it’s not a far leap to that conclusion.

The Auditor’s report moves quickly from an unpaid fare to a public-safety narrative. That is a policy argument, not a finding of legal causation. The FTA press release used even broader language when it attributed Zarutska’s death to systemic transit failures. Yet the federal review examined compliance with 49 C.F.R. Part 673 and agency safety-plan requirements. It was not a criminal investigation, civil trial, or formal determination of proximate cause.

North Carolina can support improved transit security without pretending that fare payment alone separates a safe passenger from a dangerous one.

The State Auditor’s CATS Report Has Important Limitations

The State Auditor’s factual findings deserve attention. The label attached to the document deserves equal care.

The final page states that the special report relied upon limited information, was not exhaustive, and did not constitute an audit or attestation engagement performed pursuant to generally accepted government auditing standards. The preliminary report also stated that the Auditor had not reached a conclusion about the quality of PSS’s services.

That leaves unanswered questions at the center of the private-contracting issue. A genuine contract-performance examination would compare invoices with payroll, time records, post schedules, patrol logs, training credentials, incident reports, supervisory records, vacancy credits, liquidated damages, hourly rates, contract amendments, subcontractor charges, insurance costs, and payments for unfilled positions. It would identify who approved invoices and what documentation supported payment.

The available evidence supports investigation of whether private vendors benefited from weak government oversight. It does not support stating as fact that a contractor engaged in fraud, corruption, or improper profiteering. Those conclusions require the financial and performance records the report did not examine.

House Bill 307 Became Iryna’s Law in Two Legislative Days

The legislation’s history, known as Iryna’s Law, deserves public attention.

House Bill 307 was filed in March 2025, months before Zarutska’s killing, under the title “Various Criminal Law Revisions.” Its original subjects included post-conviction filing deadlines, xylazine, kratom, child exposure to controlled substances, district-court recording, autopsy information, witness immunity, and the authority of district attorneys.

The original version passed the House in April 2025. On September 22, after the Charlotte killing, the Senate adopted a committee substitute that substantially rewrote and retitled the legislation as Iryna’s Law. The Senate passed the new package that day. The House concurred the following day by a vote of 81-31. The official bill history records the sequence.

The package reached far beyond transit security or a tailored correction to pretrial procedure. It changed bail law, added a public-transit sentencing factor, modified magistrate suspension, directed studies of mental health and execution methods, prohibited recreation of a racial-equity task force without legislative approval, modified death-penalty proceedings, changed procedures for defendants found incapable of proceeding, extended juvenile supervision, and funded additional Mecklenburg prosecutors and legal assistants.

The General Assembly used a pending criminal-law bill as the vehicle for a sweeping package assembled and approved under the political pressure created by a recent homicide. That does not make S.L. 2025-93 invalid. It does raise legitimate questions about deliberation, fiscal analysis, operational readiness, and whether every provision belonged in legislation bearing the victim’s name.

Iryna’s Law Changed Pretrial Release Across North Carolina

The legal changes did not apply only to Mecklenburg County or to defendants resembling the accused in the CATS killing.

N.C.G.S. § 15A-531(9) now defines a broad category of “violent offenses.” Pursuant to N.C.G.S. § 15A-534(b1), a defendant charged with a covered offense faces a rebuttable presumption that no release condition will reasonably assure appearance and community safety. If release is authorized for a first covered offense, the judicial official must impose a secured appearance bond or house arrest with electronic monitoring. More restrictive monitoring requirements apply in specified repeat-offense circumstances.

N.C.G.S. § 15A-534(a)(1) also repealed release on a written promise to appear as an available condition. Pursuant to N.C.G.S. § 15A-534(b), a defendant with three qualifying convictions in separate sessions of court during the prior ten years must receive a secured bond or electronic house arrest, even when the pending charge does not fall within the new violent-offense definition. N.C.G.S. § 15A-534(d) requires written findings when release is authorized in covered cases.

These changes affect allegations made before trial. A charge is not a conviction, and the presumption of innocence remains part of our legal system. Yet the statute places substantial practical pressure toward detention and secured financial conditions before the State has proved guilt.

Our earlier analysis explains the mechanics of Iryna’s Law and North Carolina pretrial release. The later CATS reports add another question. Why did the State place such a large share of the institutional response upon the criminal courts when its own investigations later documented serious failures outside the courthouse?

Iryna’s Law Created New Private Monitoring Costs

S.L. 2025-93 did more than authorize electronic house arrest. Section 1(g) directs every judicial district lacking that capability to enter a memorandum of agreement with a qualified vendor. It also provides that a defendant released under electronic house arrest must pay the vendor.

N.C.G.S. § 15A-534(a) separately requires a defendant placed on electronic house arrest to execute a secured appearance bond. Depending upon the circumstances, release may therefore require both a secured bond and payment to a private monitoring company.

The statute creates an obvious financial consequence. Private monitoring providers receive a state-created market. Expanded use of secured bonds may also increase demand for commercial surety services. A defendant who cannot satisfy the financial conditions may remain in county custody, leaving the county to pay the cost of detention.

Government responded to a killing associated with a publicly funded transit system by creating new statewide requirements under which accused defendants pay private vendors as a condition of liberty.

At the local level, Charlotte’s answer includes authorized security-services contracting that grew from $5.8 million to $23.1 million. At the state level, the legislative answer created more private monitoring and secured-bond business. Courts, sheriffs, counties, defendants, families, hospitals, and taxpayers absorb much of the remaining burden.

The General Assembly Cut Mental-Health Funding and Sent the Consequences Back to Court

The mental-health provisions of Iryna’s Law cannot be separated from what the General Assembly had done to treatment funding earlier that same summer. Section 2B.5(a) of S.L. 2025-89 reduced recurring single-stream funding by $18,562,645. Those funds support community behavioral health services administered through regional LME/MCOs, including services for people without insurance. Section 2B.4 reduced recurring funding for three-way bed contracts by $15,675,205. Those contracts pay for inpatient psychiatric treatment at local community hospitals. Section 2B.3(c) reduced recurring funding for the Mental Health and Substance Use Task Force Reserve Fund by $10 million.

The next provision makes the policy choice even harder to defend. Section 2B.5(b) instructed each LME/MCO to offer at least the same level of service utilization it provided during the prior fiscal year, despite the recurring funding reduction. That is the pressure-pot problem written into law. The State reduced the money, demanded the same service level, and left local providers and regional organizations to absorb the strain.

When treatment is unavailable, the underlying illness does not disappear. The predictable destinations include a 911 call, an emergency department visit, an involuntary commitment transport, a jail booking, a capacity evaluation, a bond hearing, and a crowded criminal docket. The human burden falls first on people in crisis and their families. The operational burden then lands on police officers, deputies, detention officers, doctors, nurses, clerks, prosecutors, defense lawyers, magistrates, and judges.

The political appeal of a court-centered response is obvious. Lawmakers can add a detention presumption to a pending bill in two days and announce that they acted. Building and staffing a treatment system requires recurring appropriations, workforce planning, contract oversight, and sustained attention after the press conference ends. One produces an immediate headline. The other requires government to govern.

The 350 vacant state psychiatric beds described by Governor Stein put the legal mandates in perspective. A judicial official can order an examination. A judge can continue a case. A sheriff can transport a defendant. None of those acts creates the examiner, hospital staff, community placement, or long-term bed needed to carry out the order. When lawmakers impose a courtroom procedure without funding the treatment capacity behind it, they have not solved the mental-health problem. They have relocated its paperwork and cost.

Later appropriations deserve acknowledgment. The 2026 Appropriations Act transferred $200 million in nonrecurring money from the Medicaid Contingency Reserve to support the State share of Medicaid costs for FY 2026-27. It also directed $14 million in recurring money from the Opioid Abatement Reserve to single-stream funding. Those later actions matter. They do not erase the 2025 reductions or the sequence in which lawmakers reduced treatment lines, left a Medicaid funding gap, and then placed new demands on the criminal courts.

NCDHHS restored the temporary provider-rate reductions in December 2025 after court rulings required it. The irony should not be lost. Courts were required to stop health-care payment reductions while political leaders continued to direct public anger toward the courts for the consequences of inadequate treatment capacity.

This is not an argument that every release decision was correct or that courthouse actors bear no responsibility for their work. It is an argument about control. The General Assembly controls criminal statutes and state appropriations. Charlotte controls CATS procurement and transit operations. The courts apply the laws and work with the services that government has made available. Treating the criminal courts as a substitute mental-health system does not treat illness. It shifts the cost into jails, hospitals, sheriff’s offices, families, and the public.

North Carolina Legislated Before Completing Its Own Study

S.L. 2025-93 directed the North Carolina Collaboratory to study mental health in the justice system, availability of electronic house arrest across the state, and alternative methods of execution. The final report was not due until March 1, 2027.

The General Assembly therefore changed pretrial-release law before receiving the study it ordered concerning two central components of the legislation. It legislated first and directed research afterward.

The law’s separate mental-health examination procedure also received a later effective date. By spring 2026, a House select committee was receiving implementation concerns from emergency physicians, hospitals, behavioral-health organizations, and Mecklenburg County. The committee’s public-comment materials describe concerns involving emergency-department capacity, transportation by law enforcement, access to prior commitment records, availability of certified examiners, jail operations, and the absence of sufficient long-term treatment capacity.

Those are not abstract objections. They identify the agencies and public services expected to absorb a policy enacted before the State developed the infrastructure needed to administer it.

Government Accountability Cannot Stop at the Courthouse Door

The pretrial release decision involving the accused warrants scrutiny. His criminal history, mental-health history, pending charge, conduct, and available records were proper subjects for examination. Recognizing that fact does not require accepting the claim that statewide bail law was the primary government failure exposed by the killing.

The City should account for how it selected and supervised security contractors. It should disclose whether invoices reflected filled posts and actual hours. It should explain why armed coverage declined while total contract value and funded staffing grew. It should identify what financial remedies it pursued after a contractor failed and why the armed work was added to another contract without clear evidence of renewed competition.

CATS should explain why only two CMPD officers staffed the Metro Transit Unit, why the camera network lacked a direct connection to the Real Time Crime Center, how its exclusion list was supposed to operate, why a later stabbing suspect remained able to ride despite appearing on that list, and why most FY 2025 safety-equipment funding remained unspent.

The State should measure what Iryna’s Law has done to detention, first appearances, bond hearings, county-jail populations, electronic-monitoring payments, release delays, hospital use, law-enforcement transportation, and outcomes for defendants unable to pay. It should publish that information before claiming the legislation made North Carolina safer.

Public safety does not improve when one government system transfers its failures and expenses to another. Nor does accountability exist when officials point to larger budgets and stricter laws without establishing that either response addresses the failures documented in the record.

North Carolina Public Safety Policy Should Follow the Full Record

The killing of Iryna Zarutska called for an honest examination of every institution that failed her. That includes the criminal courts. It also includes the Charlotte city government, CATS leadership, private security procurement, contract administration, CMPD coordination, mental health services, and the General Assembly.

The public should reject any account that isolates one magistrate while treating the City’s contracting decisions as background noise. It should also reject the assumption that an unpaid fare establishes why a homicide occurred or that quadrupling authorized security-services contracting proves that earlier failures have been corrected.

Iryna’s Law distributed the consequences of a Charlotte tragedy across all 100 North Carolina counties. It restricted release, increased required findings, expanded secured financial conditions, mandated access to private monitoring, and placed additional demands upon courts and public agencies before the State had completed its own study or received the major transit reports.

That is more than a public-safety response. It is institutional cost shifting.

Bill Powers has practiced in North Carolina criminal courts since 1992. He is a former president of the North Carolina Advocates for Justice and a recipient of the North Carolina State Bar John B. McMillan Distinguished Service Award.

Powers Law Firm represents clients in serious criminal cases and bond proceedings in Charlotte and surrounding North Carolina communities. If Iryna’s Law affects a pending case, the firm may be available to help evaluate the charge, the statutory presumption, and the evidence relevant to pretrial release.

Frequently Asked Questions | CATS Security Failures and Iryna’s Law

The Charlotte Light Rail Murder Exposed a Crisis the General Assembly Helped Create

A legislator may respond that the General Assembly had to act before someone else was needlessly killed. That concern deserves acknowledgment. It does not justify selecting a politically convenient explanation, imposing a statewide remedy before the surrounding failures had been investigated, and leaving the underlying problems largely untouched.

The question was never whether lawmakers should act. The question was whether their action addressed what caused the danger.

Long before Iryna Zarutska was killed, North Carolina’s mental-health system lacked the treatment beds, staffing, community services, and funding needed to manage people suffering from severe psychiatric disorders. Sixteen days before her murder, the General Assembly enacted recurring reductions in behavioral-health funding while directing regional organizations to maintain prior service levels. Lawmakers demanded the same work with less money and then acted surprised when the pressure appeared somewhere else.

The result was entirely predictable. People suffering from untreated mental illness did not cease to exist because treatment became unavailable. They remained in their communities until a crisis brought them into contact with police. They entered county jails, appeared before magistrates and judges, and became the responsibility of prosecutors, defense lawyers, sheriffs, and court personnel. The General Assembly transferred a public-health failure to a legal system that lacks the staff, facilities, and medical authority to treat it.

Iryna’s Law does not repair that failure. It keeps more defendants in custody through presumptions against release, secured bonds, and electronic house arrest. Some defendants should be detained. But the law reaches far beyond defendants suffering from severe mental illness or presenting the circumstances involved in Zarutska’s killing. It imposes statewide restrictions while leaving the underlying treatment shortage in place.

The State is now paying county jails to confine more defendants, including defendants who cannot afford secured bonds, without providing treatment for the psychiatric disorders lawmakers invoked to defend the legislation. Many of those defendants have no meaningful connection to transit security, psychosis, or the circumstances surrounding the Charlotte light rail murder. Taxpayers pay for the additional confinement while the mental-health system remains unable to provide adequate treatment.

Meanwhile, the General Assembly acted before the public received the State Auditor’s preliminary findings concerning CATS. The later record documented reduced armed staffing, unfilled security positions, weak police coordination, disconnected camera systems, questionable enforcement of transit exclusions, procurement concerns, and substantial safety money that had not been spent. Those failures did not fit the politically useful account that one magistrate and the courts caused the problem.

After more than three decades in North Carolina courtrooms, I have no difficulty acknowledging that magistrates, judges, prosecutors, defense lawyers, sheriffs, and police officers make mistakes. The courts should be examined when a release decision ends in tragedy. But honest accountability must follow responsibility upstream. Politicians write the laws, control the appropriations, fund the treatment system, and decide whether county jails and criminal courts will become North Carolina’s default psychiatric institutions.

Iryna Zarutska deserved better security before she was murdered. The public deserved an honest investigation afterward. Instead, the General Assembly imposed broader detention rules on all 100 counties while mental-health capacity, Charlotte’s security decisions, CATS contracting, and private-vendor performance remained outside the political explanation.

The courthouse cannot create psychiatric beds, staff state hospitals, operate transit security, connect CATS cameras to CMPD, or supervise private security contractors. Blaming the legal system for failing to perform those functions is not merely incomplete. It allows the officials who controlled the money and made the underlying policy choices to escape responsibility for a crisis they helped create.

Powers Law Firm represents people facing serious criminal charges and complex pretrial release issues in Charlotte and select matters involving Felony Death by Vehicle and Misdemeanor Death by Vehicle charges in North Carolina. If you or a family member is being held under Iryna’s Law or needs help understanding how North Carolina’s new bond provisions apply, Bill Powers and the legal team at Powers Law Firm may be available to help.