Rockefeller Drug Laws
At the Statehouse: Sentencing, Drug Testing, Good Samaritan, Hemp, and SWAT Bills
Press Release: Tues. -- NY Assembly Hearing on Rockefeller Drug Reform Implementation
Press Release: Gov. Paterson to Speak Wed: Rock Drug Law Reform Becomes Active; 1,500 Eligible for Resentencing and Release!
Press Release: FAMM Cheers Passage of Rockefeller Drug Law Reform
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Press Release:Â April 3, 2009Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
Contact: [email protected]Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â
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FAMMÂ Cheers Passage of Rockefeller Drug Law Reform
Changes Further "Smart on Crime" Sentencing TrendWASHINGTON, D.C. - Families Against Mandatory Minimums (FAMM), a national advocacy organization dedicated to reforming mandatory minimum sentencing laws, today applauds New York state leaders responsible for approving legislation that substantially overhauls and reforms New York's Rockefeller drug laws, once the toughest in the nation. FAMM also congratulates the efforts of families, incarcerated and formerly incarcerated individuals and advocates who made these changes possible.
The agreement, included as part of the New York budget bill, now awaits Governor David Paterson's signature. It will restore judicial discretion in many drug cases, expand drug treatment and alternatives to incarceration, and provide retroactive sentencing relief for people serving prison time for low-level drug offenses. It also allows approximately 1,500 people incarcerated for low-level nonviolent drug offenses to apply for resentencing and increases penalties for "drug kingpins" and adults who sell drugs to young people.
Deborah Fleischaker, director of state legislative affairs of FAMM, issued the following statement in response to today's news:
"New York's decision to eliminate its draconian Rockefeller laws marks a step toward policies that are both tough and smart on crime. Mandatory minimum sentencing laws are a driving force in skyrocketing prison populations. Many states and the federal government followed New York's lead and enacted mandatory minimums in the 1970s and 1980s, believing these "one-size-fits-all" sentences would dry up the drug supply and eliminate drug addiction. Sadly, mandatory minimums in New York and elsewhere have the opposite effect, filling our prisons with drug addicts instead of drug kingpins, and causing the erosion of faith in the fairness of the criminal justice system because of severe racial disparities caused by these laws.
Being tough on crime is not enough. States must figure out how to protect public safety, without wasting thousands of lives and millions of dollars. By repealing the Rockefeller drug laws, New York has just taken an enormous step toward finding that balance.
New York has joined the growing wave of states that recognize the harm caused by mandatory minimum sentencing. From Michigan's elimination of most of its drug mandatory minimum laws, to Nevada's decision to repeal mandatory sentencing enhancements, to Pennsylvania's decision to have its Sentencing Commission study the effectiveness of mandatory minimum sentences, states are waking to the idea that mandatory minimum sentences lead to bloated budgets, fail to protect public safety, and are bad criminal justice policy.
Contrary to the claims of those who oppose these reforms, removing the mandatory minimum sentences for drug crimes is not "soft on crime." Politicians need to concern themselves with crafting smart criminal justice policies, instead of settling for the expensive and unworkable status quo. The New York reforms, though long overdue, are good news for New Yorkers and the rest of the nation. A recent report by Pew Center on the States shows why.  One in 31 Americans are under some form of criminal justice control - in prison, on probation or on parole - and one in 100 are in prison or jail. The cost of this overreliance on corrections is staggering - last year it was the fastest expanding major segment of state budgets, and over the past two decades, its growth as a share of state expenditures has been second only to Medicaid. State corrections costs now top $50 billion annually and consume one in every 15 discretionary dollars."
Families Against Mandatory Minimums is a nonprofit, nonpartisan organization that supports fair and proportionate sentencing laws that allow judicial discretion while maintaining public safety. For more information on FAMM, visit www.famm.org or contact Monica Pratt Raffanel at [email protected].
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Sentences that Fit. Justice that Works.
Press Release: State Legislature Passes Historic Drug Law Reforms
Press Release: Historic Reforms of New York's Draconian Drug Sentencing Scheme Imminent
Press Release: Details of Rockefeller Reform Proposal Released
Press Release: NYCLU -- Rockefeller Bill a Major Step Forward
Press Release: NYCLU Applauds Pledge to Reform Rock Drug Laws, but Cautions to Wait for Details
CONTACT:
Jennifer Carnig, 212.607.3363 / [email protected]
NYCLU Applauds Pledge to Reform Rock Drug Laws, but Cautions to Wait for Details
FOR IMMEDIATE RELEASE
March 27, 2009 â The New York Civil Liberties Union applauded the pledge made today by the governor, senate and assembly to reform the draconian Rockefeller Drug Laws, but cautioned that the essential details of the agreement have yet to be revealed. What has been outlined so far reflects a significant shift in policy and an important agreement in principle, but significant details have yet to be worked out.
âWhat Governor Paterson, Speaker Silver and Majority Leader Smith committed to today is a new approach to dealing with drug offenses. After 36 years of locking up people who suffer from addiction and mental illness, this is an exciting step,â said NYCLU Executive Director Donna Lieberman. âThe leaders of our state have finally recognized that the revolving door of lock-them-up-and-throw-away-the-key does not work. It has failed to make us safer and it has devastated communities. But the devil is in the details. We cannot celebrate reform of our stateâs discriminatory, ineffective drug laws until we know the details.â
The agreement appears to embrace â for the first time and in a meaningful way â two important principles of reform: It includes a reduction of mandatory minimum sentences, and it includes a restoration of judgesâ authority to send many drug offenders to treatment programs instead of jail.
âWe have a commitment to the principles of reform,â said NYCLU Legislative Director Robert Perry. âBut the real story is that this thing isnât done yet. Our political leaders are trying hard to reach agreement on the details of a reform bill, but they havenât done that yet. Itâs really important that we all pay attention to the details that unfold in the coming days. The details could be the difference between meaningful reform of the Rockefeller Drug Laws and more of the same.â
Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though intended to target drug kingpins, most trapped by the laws are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison suffer from substance abuse problems or issues related to homelessness, mental illness or unemployment.
For decades, the NYCLU, criminal justice advocates and medical experts have fought to untie the hands of judges and allow addiction to be treated as a public health matter. As noted in the New York State Sentencing Commissionâs recent report, sentencing non-violent drug offenders to prison is ineffective and counterproductive, and has resulted in unconscionable racial disparities: Blacks and Hispanics comprise more than 90 percent of those currently incarcerated for drug felonies, though most people using illegal drugs are white.
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