Perdue To Comply With NC Inmate Release Order, Says They Will Stay In Prison

Raleigh, NC -- Governor Beverly Perdue announced today that the Department of Corrections will put a plan in place to follow the appellate courts decision to release inmates. 135 inmates, many rapists and murderers, were set to be released October 29, 2009. Now, the governor says, they will get out under the court ruling but not until 2054.

The governor's office had the North Carolina Department of Corrections (NCDOC) review the calculation in the Bowden case. Bobby Bowden, a convicted murderer, filed suit in court to be released due to changes in the law over the years. Under Bowden's calculation, the law in 1974 defined a life sentence as 80 years. Then, a change to the sentencing guidelines in 1981, gave inmates credit for time served and merit credits. Bowden argued this cut the 80 years in half and with good behavior, he should be released. Under the appellate court ruling, 135 inmates qualified to get out for unconditional release. At the time, the governor said she would not release the inmates.

The governor had the NCDOC redo the calculations, and with the new number, the release date will not be until 2054. The inmates in question committed crimes between April 8, 1974 and June 30, 1978

DOC Secretary Alvin Keller directed each life sentence imposed for unconditional release be set at 80 years minus the applicable jail time credit. The difference is an interpretation of the Fair Sentencing Act passed in 1981. The law excluded Class A and B felons from receiving good behavior credits for the purpose of unconditional release from prison. Keller relates a life sentence to a Class A or B felon.

"I cannot see any meaningful difference between prisoners with statutory life sentences of 80 years and Class A and B felons under the Fair Sentencing Act in that their crimes are similarly heinous," said Keller.

The DOC filed an affidavit from Secretary Keller explaining this release date calculation in Cleveland Superior Court for the State v. Wilbur William Folston case. Similar affidavits will be filed in the Bowden case and others where judges have ordered release dates to be calculated for similarly situated inmates.

"I will continue to pursue all legal means of preventing the release of these inmates without any review by the parole board or any post-release supervision," said Gov. Perdue.

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