Roy Cooper’s Prison Release Settlement: DeCarlos Brown, 2026 Senate Race

The Roy Cooper prison release settlement is a February 2021 agreement in NC NAACP v. Cooper under which North Carolina committed to release at least 3,500 incarcerated people early in response to a lawsuit over COVID-19 conditions inside state prisons. The deal ended emergency litigation brought by civil rights groups, followed a Wake County judge’s finding that prison conditions were “likely unconstitutional,” and has become the focus of a 2026 legislative investigation and a defining attack line in the state’s U.S. Senate race.1Disability Rights NC. COVID-19 Lawsuit Settlement Guarantees 3,500 Early Releases

What the Settlement Required

The agreement was filed as a joint motion for a 180-day stay in Wake County Superior Court on February 25, 2021. Its central commitment was the early release of at least 3,500 people: 1,500 within 90 days and 2,000 more within 180 days.2Wilson Center for Science and Justice, Duke Law. COVID Settlement Means NC Will Release 3,500 Incarcerated People Early “Early reentry” meant release at least 14 days before an individual’s projected release date, achieved through one of several mechanisms:

  • Discretionary sentence credits that let inmates reach their mandatory minimum sentences sooner.
  • Extended Limits of Confinement, which moved eligible people out of prison to finish their sentences.
  • Parole and supervision adjustments, including earlier reinstatement to post-release supervision and early release through the Mutual Agreement Parole Program.3NC Department of Public Safety. DPS Statement on Settlement Agreement – NC NAACP v. Cooper

Beyond the releases, the state agreed to run COVID-19 mitigation measures for up to 12 months: vaccine education and incentives, isolation of positive cases, cohorting, masks and hygiene products, continued testing, an anonymous complaint system, and notification of emergency contacts when someone was hospitalized or died.4ACLU of North Carolina. Joint Motion for Stay – NC NAACP v. Cooper Settlement Agreement Once the 3,500 releases were verified at the end of the 180-day stay, plaintiffs would dismiss the case with prejudice.

Why the State Settled

The ACLU of North Carolina, the state NAACP, and Disability Rights North Carolina filed the emergency lawsuit on April 20, 2020. They argued that roughly 34,000 people were incarcerated in overcrowded facilities where distancing was impossible and about 32% of the population had at least one disability, with many carrying chronic conditions that raised the risk of severe COVID-19.5ACLU of North Carolina. Civil Rights Groups File Emergency Lawsuit Demand Governor, State Officials Protect Incarcerated People Their legal theory was that failing to protect incarcerated people from the pandemic amounted to unconstitutional conditions of confinement.6ACLU of North Carolina. NC NAACP v. Cooper – Rights of Incarcerated People

On June 8, 2020, Wake County Superior Court Judge Vinston Rozier Jr. granted a preliminary injunction, finding that conditions were “likely unconstitutional,” that plaintiffs had shown a “strong likelihood of winning the full case,” and that they faced “irreparable loss” defined as “the substantial risk of death and long-lasting disability stemming from the disease.”7Carolina Public Press. Judge: Prison Conditions During Pandemic Likely Unconstitutional The ruling ordered the state to look at reducing the prison population and safer testing and transfer practices. Mediation followed and produced the February 2021 agreement. Then–Attorney General Josh Stein’s Department of Justice represented the defendants and signed the deal on the state’s behalf.4ACLU of North Carolina. Joint Motion for Stay – NC NAACP v. Cooper Settlement Agreement

Who Qualified for Release

To be considered for Extended Limits of Confinement, a person could not be serving a sentence for a crime against a person during the current incarceration, and had to meet at least one further criterion, such as a projected 2021 release date, existing placement on work release or home leave with a 2021 release date, or pregnancy.3NC Department of Public Safety. DPS Statement on Settlement Agreement – NC NAACP v. Cooper

Who ended up on the list has been disputed. A Charlotte Observer investigation found that 51 inmates serving life sentences appeared among the 3,500. State officials and the ACLU said those people were already eligible for parole before the settlement and that the agreement did not override court-imposed sentences; the ACLU said older, medically vulnerable inmates were included precisely because they faced the greatest risk. Of the 51, five had already been paroled before the settlement was signed, and five have since died.8Charlotte Observer. NC Prison Settlement and Released Inmates

What Happened After Release

The 2024 report by the North Carolina Sentencing and Policy Advisory Commission found that 48% of people released under the settlement were rearrested within two years and 20% were convicted of new offenses.9New York Post. Nearly Half of Inmates Released Under NC Gov. Roy Cooper During COVID Have Reoffended, Including 18 Charged With Murder A New York Post review of state records identified 18 people from the list who were later charged with murder.10ABC11. NC COVID Inmate Release Scrutiny

Those numbers sit near longer-term baselines. The 48% rearrest rate for settlement releases was only modestly higher than the 44% rate for all North Carolina prison releases in fiscal year 2021, and the state’s recidivist arrest rate has been in a similar range for decades: 48% in 2013, 49% in 2015, and roughly 50% in 1993. Nationally, about two-thirds of people released from state and federal prisons are rearrested within three years.11Charlotte Observer. NC Prison Settlement Recidivism

Individual cases cited by critics include:

A WRAL analysis found that among the 18 murder suspects highlighted by the New York Post, a majority had either been released before the settlement was signed or would have been released by the time of the later charges regardless of the agreement.15WRAL. Cooper Prison Settlement Release Report

The DeCarlos Brown Case

DeCarlos Brown Jr. was charged in the August 22, 2025, stabbing death of 23-year-old Iryna Zarutska on a Charlotte light rail train, and his case has been used to attack the settlement. It shouldn’t be. The North Carolina Department of Adult Corrections and a Charlotte Observer fact check confirmed that Brown had completed his mandatory minimum sentence and was released months before the settlement was signed; the agreement had no bearing on his release.8Charlotte Observer. NC Prison Settlement and Released Inmates Brown was indicted in October 2025 on a federal charge of violence against a mass transportation system resulting in death. As of May 2026, both federal and state proceedings were paused after the Federal Bureau of Prisons found him incompetent to stand trial, and a federal competency hearing was pending.16WBTV. Defense of Man Accused of Killing Iryna Zarutska on Charlotte Light Rail Requests Federal Competency Hearing

The 2026 Legislative Investigation

In April 2026, Speaker Destin Hall and Senate Leader Phil Berger established the Joint Legislative Commission on Governmental Operations Subcommittee on Prisons, co-chaired by Senator Buck Newton and Representative Brenden Jones. The panel has eight Republicans and four Democrats and was charged with investigating what legislators described as the release of more than 4,200 inmates, a figure that combines the 3,500 covered by the settlement with additional releases during the same period.17Carolina Journal. Legislative Leaders Launch Probe Into Cooper-Era Early Prisoner Releases

Its scope extends beyond the deal itself. The subcommittee is also examining whether proper safeguards were followed, evaluating Josh Stein’s role in negotiating the agreement, and reviewing broader prison-system issues including staffing, inmate health care, recidivism, and the Justice Reinvestment Act.18NRSC. Cooper’s COVID Settlement List Gets Probe David McLennan, a political science professor at Meredith College, called the investigation “overtly political” and predicted a critical report in late summer 2026 timed to the fall Senate campaign.19NC Newsline. As NC’s US Senate Race Heats Up, GOP Lawmakers Launch Probe of Dem Candidate Roy Cooper As of mid-2026, the subcommittee had not released formal findings or held public hearings with testimony. The list of released individuals was disclosed earlier in the year after being obtained by the Government Operations Committee.17Carolina Journal. Legislative Leaders Launch Probe Into Cooper-Era Early Prisoner Releases

The Settlement in the 2026 Senate Race

The agreement became a central issue in the 2026 U.S. Senate race between Cooper, the Democratic nominee, and Republican Michael Whatley. Whatley called the settlement “a deliberate, reckless choice that prioritized violent criminals ahead of innocent North Carolinians.”15WRAL. Cooper Prison Settlement Release Report Senate President Pro Tempore Phil Berger accused Cooper and Governor Josh Stein of letting “violent criminals out of prison early” and hiding the list of released inmates from the public.20The Center Square. NC Prison Settlement Controversy

Cooper’s campaign called the Republican characterizations “blatant lies” that had been “fact-checked for months and found to be false.” Cooper pointed to his background as a prosecutor and argued that the release criteria used in the settlement mirrored those the Trump administration applied to federal prisoners under the CARES Act, which moved more than 13,000 federal inmates to home confinement during the pandemic.21WRAL. Whatley Cooper Prisoner Release Senate Race North Carolina Polling as of early 2026 showed Cooper leading Whatley by double digits.19NC Newsline. As NC’s US Senate Race Heats Up, GOP Lawmakers Launch Probe of Dem Candidate Roy Cooper