Sweeping NC Criminal Justice Law (HB 307) Now in Effect, Changing Pretrial Release, Juvenile Supervision, Mental Health Procedures and Death Penalty Rules
Iryna's Law changes pretrial rules for violent offenses, expands supervision for juveniles, revises death penalty procedures, and improves mental health evaluations effective December 1st.
Holly Springs, NC, Dec. 10, 2025 — A sweeping criminal justice law that tightens pretrial release for violent offenses, expands supervision for juveniles convicted of the state’s most serious crimes, and restructures death penalty procedures is now in effect across North Carolina. Session Law 2025-93 (HB 307) took effect at the start of the month.
Tougher Pretrial Rules for Violent Charges
Judges now start from the presumption that defendants accused of violent crimes stay in custody unless there’s strong evidence they aren’t a danger. In plain terms, the burden has shifted; it’s no longer on the prosecution to prove a defendant should remain detained, but on the defense to prove release would be safe.
For example, if someone is charged with armed assault, the judge can’t simply release them on a small bond the same day. The law assumes detention unless evidence shows the person is safe to release.
The law also requires mental health evaluations when a defendant appears unstable or has been involuntarily committed in the past three years. Officers must take the individual to a facility immediately for screening before any release decision, and judicial officials now have system access to verify prior commitment history.
Sentencing: Public Transportation Aggravating Factor Now Applies
Judges now treat it as an aggravating factor when an offense occurs while the victim is using public transportation. This means higher potential penalties if conviction occurs.
For example, if an assault or robbery occurs while a victim is seated on a city bus or commuter rail, the judge may impose a harsher sentence than if the same act happened on a sidewalk.
Juvenile Supervision Extended in Serious Cases
Youth adjudicated of offenses that would qualify as Class A, B1, or B2 felonies if committed by adults may now remain under supervision for up to three years. Instead of short-term monitoring, this provides courts with longer-term oversight to protect the public and support rehabilitation.
Victims who have requested notification must be contacted before supervision is terminated.
Mental Health and the Justice System Under Study
The UNC Policy Collaboratory is currently studying how mental health interacts with the criminal justice system, from arrest to commitment, to treatment, to post-release supervision. The study is funded through reallocation authority of up to $1 million, and its first report is due in April of 2026.
Capital Punishment Procedures Revised
Appeals in death penalty cases must now move forward within set timelines, reducing long delays. If lethal injection becomes unconstitutional or unavailable, the state must choose another method already used elsewhere in the country. Simply put, the law ensures the state always has a legally approved method to carry out a sentence.
For example, if a court blocks lethal injection statewide, the Department of Adult Correction has 120 days to select another method used in another state, such as nitrogen hypoxia, electrocution, or firing squad. Additionally, licensing boards cannot discipline medical personnel assisting in executions, and the identities of those involved in executions are confidential under state law.
Commitment Procedures Clarified When Defendants Can’t Stand Trial
When someone is found mentally incapable of standing trial, judges must determine whether involuntary treatment in a hospital is appropriate before criminal charges are dismissed. Venue for related hearings may shift to the county where incapacity was determined.
Mecklenburg County Prosecutor Staffing Levels Increased
Mecklenburg County (District 26) now has 10 more assistant district attorneys and five additional legal assistants. The funding, which took effect on July 1st, is intended to help reduce case backlogs and expedite processing.
Task Force on Racial Equity in Criminal Justice May Not Be Reestablished
The law states that the now-expired Task Force for Racial Equity in Criminal Justice may not be recreated except by an act of the General Assembly, meaning it cannot be reinstated solely by executive order. The Task Force was established in 2020 to examine racial disparities in policing, pretrial processes, and sentencing, and to provide recommendations for reform to improve fairness and transparency across the justice system.