In light of significant failings in the state’s probation system and inaction by the administration of Democratic Governor Mike Easley, and as a follow-up to yesterday’s letter to Democratic Governor Bev Perdue, Senate Republican Leader Phil Berger (R-Rockingham) today sent a letter to Democratic Attorney General Roy Cooper urging him to support Senate Bill 123, Warrantless Searches/Probationers and Parolees.  If passed, the bill would authorize warrantless searches by sworn probation and law enforcement officers of convicted criminals as a condition of supervised probation.  Berger also encouraged Cooper to call for listing the name, photograph, and last known whereabouts of the missing 14,000 probationers on the state Web site. 

Senator Berger made the following statement: 

“As the state’s chief law enforcement officer, Attorney General Cooper is in a unique position to help improve the operation of North Carolina’s probation system.  The bill, introduced yesterday, is a step in the right direction and the Attorney General’s support will help ensure its passage.  With almost 600 lives already lost, North Carolina’s elected leaders, all Democrats, must make changes in the state’s probation system in order to protect our citizens and prevent further deaths.”

The text of the letter to Attorney General Cooper follows this release.

###

-------------------------------------------------------------------------------------------------

The Honorable Roy Cooper

Attorney General

NC Department of Justice

P O Box 629

Raleigh, NC 27602

Dear Attorney General Cooper:

            As you know, North Carolina’s probation system has seen a number of high profile failures.  Over the past several years, hundreds of murders have been committed by convicted criminals on probation and nearly 14,000 convicted criminals placed on supervised probation are evading supervision.  This risks the safety of all North Carolinians; additional tools are needed by law enforcement to protect our people.  Yesterday, I filed a bill (Senate Bill 123) to provide additional resources for law enforcement.  The bill allows warrantless searches by probation and law enforcement officers as a mandatory condition of all supervised probation.  This is similar to provisions that are now in place in other states.  I encourage and invite your support; I know passage of this legislation will improve public safety and protect North Carolina’s families.

            I also ask your public support for listing all “lost” probationers on a State web site similar to the current listing for registered sex offenders.  The low-cost initiative will enlist public support and action to locate these criminal absconders.

            Please do not hesitate to contact me if you have any questions or comments about this legislation.

                                                                        Sincerely,

                                                                        Senator Phil Berger