Skip to main content

Rockefeller Drug Laws

Press Release: Albany Agreement a Step Toward Dismantling Rockefeller, but Not a Done Deal and Not Repeal

CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

NYCLU: Albany Agreement a Step Toward Dismantling Rockefeller, but Not a Done Deal and Not Repeal

FOR IMMEDIATE RELEASE

March 26, 2009 – The deal reached in principle late last night between Gov. David Paterson and legislative leaders could be an important step toward dismantling New York State’s draconian drug laws, said the leadership of the New York Civil Liberties Union. But what has been outlined so far is only an agreement in principle – not law – and it does not fully repeal the Rockefeller Drug Laws.

“Substance abuse is a public health issue,” said Donna Lieberman, NYCLU executive director. “For 36 years, New York State has been locking up people who suffer from addiction and mental illness – but that didn’t make us safer, remove drugs from the streets or serve the interests of our communities. Letting go of this backwards, ineffective approach and looking toward new ways to promote public health and public safety is an important step in the right direction, but it is just that – a step.”

The agreement appears to embrace – for the first time and in a meaningful way – two important principles of reform: It includes a significant reduction of mandatory minimum sentences, and it includes a significant restoration of the ability for judges to send drug offenders to treatment programs instead of jail.

“The intention of this agreement is a fundamental shift of public policy on drug abuse, away from mandatory incarceration and toward a public health approach,” said NYCLU Legislative Director Robert Perry. “That said, the proposal leaves in place some significant elements of the Rockefeller scheme. Extremely harsh sentences still exist. And there is still a mandatory minimum sentence for low-level, nonviolent repeat offenders – the very people who may need treatment and rehabilitation the most.”

Though there appears to be a conceptual agreement on many Rockefeller issues, the details are yet to be drafted. Still to be resolved is the definition of substance abuse and dependency. Also under negotiation are the procedures by which eligibility for treatment is determined. These details are significant because the wrong result could undermine the whole effort.

“While we’re hopeful about the direction our state is heading in terms of drug laws, this is a complex issue and draft legislation has not been made public,” Lieberman said. “And most importantly, the question of implementation remains. New York appears to be poised to embrace a public health approach, but the devil is in the details and we don’t know the details yet.”

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 Commission’s 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.

- xxx -

Press Release: Hundreds Rally at Governor's NYC Office, Demand End of Rockefeller Drug Laws

CONTACT:

Drop the Rock, Caitlin Dunklee: 646.269.7344

New York Civil Liberties Union: Jennifer Carnig, 212.607.3363

Drug Policy Alliance: Tony Newman, 646.335.5384

Hundreds Rally at Governor’s NYC Office, Demand End of Rockefeller Drug Laws

March 25, 2009 – Hundreds of New Yorkers rallied today in front of Gov. David Paterson’s Manhattan office, urging the governor and legislative leaders to enact a sweeping overhaul of the Rockefeller Drug Laws, the state’s infamous mandatory-minimum drug sentencing scheme.

Speakers – including hip hop mogul and reform advocate Russell Simmons and the Rev. Calvin Butts of Abyssinian Baptist Church – called on lawmakers to seize this historic opportunity to end the unjust and ineffective laws.

“New York’s drug sentencing laws are the Jim Crow Laws of the 21st Century,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The Rockefeller Drug Laws have failed by every measure. They tear apart families, waste tax dollars and create shocking racial disparities. Governor Paterson and our legislative leaders must finally put an end to this endless cycle of failure and injustice.”

Enacted in 1973, the Rockefeller laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though intended to target drug kingpins, most of the people incarcerated are convicted of low-level offenses. Many of the thousands of New Yorkers in prison under the Rockefeller laws suffer from substance abuse problems; many others struggle with issues related to homelessness, mental illness or unemployment. About 90 percent are black or Latino even though most people who use and sell drugs are white.

“Today we stand at the doorstep of change, and we call on the governor, the state assembly leader and the senate majority leader to fulfill their promise to make that change to end the Rockefeller Drug Laws once and for all,” Simmons said. “We have all been working hard for too many years to not restore full judicial discretion and give judges the option to send people with addictions to treatment rather than prison. The hip-hop community will continue to seek the change that we all know is right.”

Despite modest reforms in 2004 and 2005, the state’s drug sentencing scheme remains intact. These laws deny judges the authority to place people suffering from addiction, mental health issues and homelessness into treatment programs.

“For 36 years, New York State has wasted billions of taxpayer dollars by allowing the racist Rockefeller Drug Laws to serve as a stimulus package for rural upstate prison communities,” said Glenn Martin, vice president of The Fortune Society. “No longer can we continue to lock up drug addicted people from poor urban communities, simply because policy makers lack a vision for upstate economic development.”

In 2002, Paterson, then a state senator, was arrested in an act of civil disobedience promoting the sweeping overhaul of the Rockefeller Drug Laws outside of the New York City offices of then-Governor George Pataki.

“Seven years ago, David Paterson, then a State Senator from Harlem, was handcuffed in an act of civil disobedience aimed at pressing Governor Pataki to end the Rockefeller Drug Laws.  Five years ago, as Senate Minority Leader, he proposed sweeping changes to the harsh statutes” says Caitlin Dunklee, coordinator of the Drop the Rock Campaign. “Now, as Governor, his constituents are rallying to urge him to exercise the leadership he was once known for.”

“We are here to remind Governor Paterson of his past promises and to urge him to return to his better political self,” state Robert Gangi, executive director of the Correctional Association.  “His record tells us that he’s fully aware of these laws’ harsh effects, that they are wasteful, ineffective, and marked by a stark racial bias.  It is time for him as governor to exercise leadership in removing the stain of these notorious statutes from New York’s penal code.”

“In 2002, Gov. Paterson stood by my side as a senator from Harlem New York and spoke bravely about changing the laws that heavily affected his constituency,” said Anthony Papa of the Drug Policy Alliance and former prisoner under the Rockefeller Drug Laws. “Now as governor he has the power to transform those words into action that will finally achieve meaningful reform.”

“For 36 years, the Rockefeller Drug Laws have filled our prisons, emptied the taxpayer’s pockets and have had no effect whatsoever on New York State’s drug use, especially in communities of color, except to turn young people into recidivist felons,” said George Bethos, leader of NYC AIDS Housing Network & Voices Of Community Advocates And Leaders (VOCAL). “Repeal these laws immediately or have society continue to pay the price.”

“We want to see the hundreds of millions of dollars wasted each year on criminalizing chemical dependency in poor urban areas reinvested in those very same communities targeted by these laws,” said Kym Clark, director of FREE! Families Rally for Emancipation and Empowerment. “We need livable wage jobs, educational resources, and access to health care, for starters.”

xxx

Press Release: Hundreds to Rally Wednesday at Paterson's NYC Office to End Rockefeller Drug Laws

For Immediate Release: March 23, 2009 Contact: Jennifer Carnig at 212.607.3363 or [email protected], Correctional Association Contacts: Caitlin Dunklee at 646-269-7344, Bob Gangi at 917-327-7648 Wednesday: Hundreds to Rally at Paterson’s NYC Office to End Rockefeller Drug Laws March 23, 2009 – On Wednesday, hundreds of people, including the families of those in prison for drug offenses, people who were formerly incarcerated, doctors, lawyers and advocates, will rally at Governor Paterson’s Manhattan office to urge him and legislative leaders to end the Rockefeller Drug Laws. The Rockefeller Drug Laws mandate extremely harsh sentences for sale or possession of small amounts of drugs. Most of the thousands of people incarcerated under Rockefeller are low-level drug offenders, and most come from just a handful of low-income New York City neighborhoods. Ninety percent are black or Latino even though most people who use and sell drugs are white. In 2002, Paterson, then a state senator, was arrested in an act of civil disobedience promoting a proposed overhaul of the Rockefeller Drug Laws outside of the New York City offices of then-Governor George Pataki. Now hundreds of people will gather outside his office to demand an end to the outdated, discriminatory laws. What: Rally to end New York’s Rockefeller Drug Laws When: Wednesday, March 25, 1 p.m. Where: Governor Paterson’s office, 633 3rd Ave., between 40th and 41st Who: The Rev. Calvin Butts, Abyssinian Baptist Church Drop the Rock New York Civil Liberties Union Correctional Association of New York Drug Policy Alliance The Fortune Society Exponents Mothers of the Disappeared Center for Community Alternatives Alcoholism and Substance Abuse Providers (ASAP) The Bronx Defenders Women’s Prison Association Families Rally for Emancipation and Empowerment (FREE) JusticeWorks Community - xxx -

Press Release: NYCLU Announces Findings about Statewide Impact of Rockefeller Drug Laws

FOR IMMEDIATE RELEASE: March 11, 2009 CONTACT: Jennifer Carnig at 212.607.3363 or [email protected] NYCLU Announces Findings about Statewide Impact of Rockefeller Drug Laws March 11, 2009 – The New York Civil Liberties today released a detailed report illustrating the disastrous effects the Rockefeller Drug Laws have inflicted on New York State. The report analyzes the drug laws’ economic and social impact on the entire state, and its largest cities: Albany, Buffalo, New York City, Rochester and Syracuse. The report – The Rockefeller Drug Laws: Unjust, Irrational, Ineffective – presents overwhelming evidence that New York’s mandatory minimum drug-sentencing scheme has failed to improve public safety or deter drug use. It documents the grave harm the drug laws cause to low-income communities of color, and it calls on lawmakers to adopt a public health approach to addressing substance abuse. “The Rockefeller Drug Laws have failed by every measure. They tear apart families, waste tax dollars and create shocking racial disparities,” said Donna Lieberman, NYCLU executive director. “Yet, after 36 years of failure, our state continues locking up the wrong people for the wrong reasons. Justice and common sense require comprehensive reform.” 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 of the people incarcerated are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison under these laws suffer from substance abuse problems; many others struggle with issues related to homelessness, mental illness or unemployment. The mass incarceration of drug offenders rips parents away from children. As of 2002, an estimated 11,000 people incarcerated for drug offenses, including 1,000 women, were parents of young children. Close to 25,000 children in New York State had parents in prison convicted of nonviolent drug charges. Some 50 percent of mothers and fathers in prison for drug convictions did not receive visits from their children. Despite modest reforms in 2004 and 2005, the state’s drug sentencing scheme remains intact. These laws deny judges the authority to place people suffering from addiction, mental health issues and homelessness into treatment programs. 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 Commission’s recent report, sentencing non-violent drug offenders to prison is ineffective and counterproductive, and has resulted in unconscionable racial disparities: Blacks and Latinos comprise more than 90 percent of those currently incarcerated for drug felonies, though government research shows that most people using illegal drugs are white. “New York’s drug sentencing laws are the Jim Crow laws of the 21st Century,” said Robert Perry, NYCLU legislative director and the report’s lead author. “Prosecution of drug offenses has sent hundreds of thousands to prison, most of whom were charged with low-level, non-violent offenses. The Rockefeller Drug Laws have been a driving force in incarcerating a prison population that is almost exclusively black and brown.” The report features demographic maps created by the Justice Mapping Center that analyze who is sent to prison for drug offenses from the state’s five largest cities: Albany, Buffalo, New York City, Rochester and Syracuse. The maps depict the racial and ethnic bias inherent in the state’s drug policy and illustrate the exorbitant cost of locking up drug offenders. For example, 25 percent of adults in New York City sent to prison in 2006 came from neighborhoods with just 4 percent of the city’s adult population. More than half were admitted for drug offenses, and 97 percent were black or Latino. In Buffalo, 25 percent of adults sent to prison come from areas with just 6 percent of the city’s adult population. One in four is admitted for drug offenses and 91 percent are black or Latino. The maps also show the enormous cost of combating drug-related crime through massive incarceration. For example, taxpayers spent more than $27.5 million to imprison Rochester residents convicted of drug offenses in 2006, and another $21 million to imprison Albany residents convicted of drug offenses that year. More than $440 million was spent to incarcerate New York City residents sent to prison in 2006 for drug offenses. Based on estimates calculated by the state Commission on Sentencing Reform, taxpayers will pay about $600 million to incarcerate drug offenders in 2009 alone. “Faced with a major recession and a multi-billion dollar budget deficit, New York cannot afford to waste hundreds of millions of dollars locking up nonviolent drug offenders,” Lieberman said. “Money saved through reforming the drug-sentencing laws could be spent helping struggling New Yorkers get back on their feet.” The report makes several recommendations for reform, including: • Reduce sentences for those convicted of drug-related crimes. • Restore judicial discretion and end mandatory minimum sentences for drug offenses. • Develop and invest in a statewide alternative to incarceration model to provide supervised treatment, education and employment training for those who would be better served by diversion than by prison. • Provide retroactive sentencing relief for those already incarcerated under the Rockefeller Drug Laws. “Imprisonment for drug-related crimes should be the last resort, reserved for truly violent offenders,” Perry said. “Adopting a public health model to address the problems related to substance abuse will not only save taxpayers money, it will move the state toward a more fair and effective strategies for promoting justice and public safety.” To read or download a copy of the report – including the maps – visit www.nyclu.org/rockefeller-report. -xxx-

Press Advisory: NYCLU to Announce New Findings about Statewide Impact of Rockefeller Drug Laws

FOR IMMEDIATE RELEASE

March 10, 2009 – Tomorrow, the New York Civil Liberties Union will release a detailed report analyzing the effects of the Rockefeller Drug Laws on New York State. The report studies incarceration patterns in terms of their economic and social impact on the entire state, as well as on its biggest cities: Albany, Buffalo, New York City, Rochester and Syracuse.

The report – The Rockefeller Drug Laws: Unjust, Irrational, Ineffective – presents overwhelming evidence that New York’s mandatory minimum drug sentencing scheme has failed on all fronts. The laws have not made New York State safer, nor have they reduced the availability of drugs or deterred their use.

It also presents provocative new maps created by the Justice Mapping Center that analyze every major urban center in the state, illustrating who goes to prison for drug offenses, where they lived before imprisonment and what it costs to lock them up.

The NYCLU will hold a media briefing in Albany to walk journalists through the report’s findings and recommendations for reform. Reporters statewide are invited to call a toll-free number to listen and ask questions.

What:

Media briefing about new report, The Rockefeller Drug Laws: Unjust, Irrational, Ineffective

When:

11 a.m. Wednesday, March 11

Where:

Marsh, Wassermann & McHugh, 677 Broadway, Albany. Free garage parking.

OR 1-800-351-6809, passcode 63087

Who:

  • Robert Perry, NYCLU legislative director and author of the report
  • Jeff Aubry, Assembly Member, chair of Committee on Correction and lead sponsor of just passed Rockefeller reform legislation
  • John Dunne, Republican New York State senator from 1966 to 1989 and original sponsor of the Rockefeller Drug Laws
  • Eric Cadora, director of the Justice Mapping Center and creator of drug incarceration maps of Albany, Buffalo, New York City, Rochester, Syracuse and New York State
  • Marsha Weissman, executive director of the Center for Community Alternatives
  • Todd Clear, professor of criminal justice at John Jay College
  • Dr. Ruth Finkelstein, vice president of health policy for the New York Academy of Medicine

- xxx -

Press Release: NYCLU Applauds Significant Step in Dismantling Draconian Rockefeller Drug Laws

CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

NYCLU Applauds Significant Step in Dismantling Draconian Rockefeller Drug Laws

FOR IMMEDIATE RELEASE

March 4, 2009 – In anticipation of the passage of a bill later today, the New York Civil Liberties Union applauded the State Assembly for taking the first significant step in dismantling the draconian Rockefeller Drug Laws.

“New York State is closer to justice today than we were yesterday,” said NYCLU Executive Director Donna Lieberman. “By passing this bill, our state’s Assembly is letting go of 36 years of failure and moving toward meaningful reform of the Rockefeller Drug Laws.”

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 of the people incarcerated are convicted of low-level, nonviolent offenses. Many of the thousands of New Yorkers in prison under these laws suffer from substance abuse problems; many others struggle with 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 Commission’s 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.

“The Rockefeller drug laws have failed by every measure – cost, drug use, public safety,”said Robert Perry, NYCLU legislative director. “With the passage of Jeff Aubry’s bill, the Assembly has acted on Governor Paterson’s directive to fundamentally reform the state’s failed drug policy.   The bill shifts the paradigm, away from mass incarceration and toward a public health model.” 

The Assembly bill (A.6085) embraces judicial discretion in sentencing and allows for rehabilitation and drug treatment as an alternative to incarceration. The bill:

  • Restores the authority of a judge to divert some people into substance abuse treatment or other community-based programs that best address the person’s needs;
  • Provides for retroactive relief for those sentenced under the old Rockefeller sentencing scheme;
  • Creates re-entry planning services for those in prison, including services that improve access to medical assistance upon release; and
  • Establishes a “crime reduction fund” which will be used to fund prevention and treatment services.

The NYCLU took pains, however, to make clear that while the bill represents an important step in overhauling the drug laws, the bill was nevertheless only one step. 

The organization’s analysis found that in certain essential respects, the Assembly proposal does not fully realize the reform principles on which the legislation is based.   

The NYCLU noted, for example, that the bill:

·         Leaves in place a sentencing scheme that permits unreasonably harsh maximum sentences for low-level, non-violent drug offenses;

·         Disqualifies from eligibility for treatment and rehabilitation individuals who may be most in need of such programs; and

·         Creates an unnecessarily burdensome procedure for sealing a criminal record after someone has completed a substance abuse program.

The NYCLU also recommended that in order to realize the promise of alternative to incarceration programs, the state must develop evidence-based, best-practice models to ensure good outcomes for the individuals who enter such programs – and for their families and communities.

“This is an essential first step, but we encourage Governor Paterson and the State Senate to authorize judicial discretion to divert individuals from prison in all appropriate cases; to expand and improve the quality of alternative to incarceration programs; and to provide long-sought justice to the thousands of families that have been torn apart by the Rockefeller Drug Laws,” Lieberman said.

- xxx -

Press Release: NYS Assembly to Pass Rockefeller Reform Legislation this Week

For Immediate Release: March 2, 2009 For More Info: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646) 335-2264 New York State Assembly Preparing to Enact Real Reform of the Rockefeller Drug Laws Vote this Week on Legislation that Would Restore Judicial Discretion, Expand Treatment, Improve Public Safety Advocates Applaud Speaker Silver and the Assembly's Commitment to Reforming Drug Laws, Call on Senate and Governor to Support Real Reform This week, the NY State Assembly is poised to pass A.6085-legislation that will, finally, enact real reform of the Rockefeller Drug laws. The bill, sponsored by Aubry, Silver and many more (multiple sponsors), represents a significant step forward in developing more rational, effective approaches to drug policy by taking a public health and safety approach. The general purpose of the bill is to reduce drug-related crime by addressing substance abuse that often lies at the core of criminal behavior. "With everyone from the Sentencing Commission to the Governor talking about reforming the Rockefeller Drug Laws, it's critical to examine any proposal and make sure it constitutes real reform," said Gabriel Sayegh, project director with the Drug Policy Alliance. "To be real, meaningful reform, any proposal must include restoration of judicial discretion in drug cases; expansion of alternative-to-incarceration programs and community based drug treatment; fair and equitable sentencing reforms; and retroactive sentencing relief for people serving unjust sentences under the Rockefeller Drug Laws. The Assembly has included these provisions, and their proposal constitutes real reform." Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target major dealers (kingpins), most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal record. Approximately 12,000 people are locked up for drug offenses in New York State prisons, representing nearly 21 percent of the prison population, and costing New Yorkers hundreds of millions of dollars every year. Nearly 90% of those incarcerated are Black and Latino, representing some of the worst racial disparities in the nation. Despite modest reforms in 2004 and 2005, the Rockefeller Drug Laws continue to deny people serving under the more punitive sentences to apply for shorter terms, and does not increase the power of judges to place addicts into treatment programs. After the reforms of 2004, there were more people sent to prison under Rockefeller Drug Law offenses than in previous years. A.6085, introduced last week and expected to pass this week, includes the following provisions which balance safety and justice: * Returns discretion to sentencing judges to tailor the penalty to the facts and circumstances of each drug offense. * Allows a sentence of probation and treatment when appropriate. * Strengthens in-prison treatment and reentry services. * Expands the use of alternatives to incarceration, including community-based treatment, when appropriate. * Allows certain eligible individuals incarcerated for low-level drug offenses previous to the 2004/05 Drug Law Reform Act (DLRA) to apply for resentencing-these are people who did not receive relief in previous reforms. Individuals convicted of violent crimes are not eligible. * Expands use of drug courts throughout New York. * Increase penalties for sale of a controlled substance to a child. * Establishes a new kingpin crime for trafficking through a controlled substance organization. The Assembly's introduction of the bill comes just weeks after drug policy reform experts and stakeholders convened at the New York Academy of Medicine to develop a public health and safety approach to drug policy. The historic conference was attended by representatives of the Governor's office; the Speaker and members of the Assembly; leadership from the State Senate; members of the New York City Council; and hundreds of doctors, lawyers, advocates, people in recovery, drug treatment specialists, criminal justice experts and more. (www.newdirectionsnewyork.org) "New Yorkers simply cannot afford these failed laws any longer," said Sayegh. "Incarceration costs approximately $45,000 per year, while treatment and alternatives to incarceration can cost less than $10,000 and are far more effective at reducing recidivism and restoring community health. The Assembly, by proposing real reform, is taking the first step towards advancing a public health and safety approach to drug policy in our state. Now the Senate and the Governor need to weigh in. They've expressed their support for real reform in the past, and we are hopeful they'll support real reform now."

Press Release: NYCLU to City Council: Rockefeller Drug Laws Cause Racial Disparities, Huge Taxpayer Burden

FOR IMMEDIATE RELEASE: February 24, 2009 CONTACT: Jennifer Carnig at 212.607.3363 or [email protected] NYCLU to City Council: Rockefeller Drug Laws Cause Racial Disparities, Huge Taxpayer Burden February 24, 2009 – At a hearing today before the City Council, the New York Civil Liberties Union presented testimony illustrating the stark racial disparities and enormous financial burden generated by the Rockefeller Drug Laws in New York City. Socheatta Meng, the NYCLU’s legislative counsel, testified before the Council’s Committee on Mental Health, Mental Retardation, Alcoholism, Drug Abuse and Disability Services. “By mandating harsh prison sentences based primarily upon the amount of drugs involved, this state’s drug-sentencing scheme has proven itself to be draconian, irrational, unfair and racially discriminatory,” Meng said. The NYCLU called on the City Council to urge New York State’s political leaders to significantly reform the drug sentencing laws. “This is a new political moment,” said NYCLU Executive Director Donna Lieberman, who did not testify. “Governor Paterson, as well as key legislative leaders in Albany, have publicly pledged their commitment to reform. A fiscal crisis requires strict cost-cutting. The time is ripe for us to demand real changes to our state’s drug sentencing laws.” Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target drug kingpins, most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal record. Despite modest reforms in 2004 and 2005, the Rockefeller Drug Laws continue to deny people serving under harsh sentences the ability to apply for shorter terms, and restrict the power of judges to place addicts into treatment programs.

Drop the Rock's Advocacy Day Sign Up

Dear friend of Drop the Rock, Sign up today for Drop the Rock's Advocacy Day on Tuesday, March 10th in Albany! On this day, hundreds of Drop the Rock coalition members from throughout the city and state will unite in Albany and speak out for repeal of the Rockefeller Drug Laws. Drop the Rock will arrange for bus transportation from at least three locations in New York City: Union Square, Harlem, and downtown Brooklyn. * To sign up, please print and fill out the attached Participant Sign-Up Form and mail it to the Correctional Association of NY or fax it to 212-473-2807. * If your organization would like to have its members participate in Advocacy Day, please fill out the attached Organization Bus Form. * If you are interested in attending Advocacy Day, and need a letter requesting permission for your P.O., please contact Caitlin and we will be happy to send a letter on your behalf. SPREAD THE WORD! * Help us bring hundreds of New Yorkers to Albany. Please forward this email to your networks, and feel free to make copies of the attached flyer and pass them out in your community, school, and place of work. TRAINING * We are offering an educational training to prepare participants for Advocacy Day on Tuesday, March 3rd at 6PM at the Correctional Association. * We are also able to come to your organization/group to conduct a training for interested participants. If you would like an onsite training, please contact Caitlin Dunklee at 212-254-5700 x339 or cdunklee@... . FUNDRAISING * We need help defraying the cost of the buses. The cost of renting buses is our largest expense in making Advocacy Day happen, and each seat comes to about $20. We ask that you help us make this day possible, by paying $20 for your seat, or raising money to pay for your seat on the bus. Please note that no one will be turned away for lack of money. * If your organization is able to fill a bus of 50 seats with participants, please contact Caitlin as soon as possible. Please also ask your organization if they will sponsor the cost of a bus ($1100) or help raise money to enable your group to travel to Albany with us. We will also do our best to help subsidize buses. * If you or your group would like to make a donation for buses, please have checks made out to "The Correctional Association of NY" and mailed to the address listed below. Please make sure to note on the check that the donation is for "DTR Buses". Now is a critical time in the movement to reform New York's incarceration policies. Please sign up today to join Drop the Rock as we urge New York's policymakers to enact repeal of the Rockefeller Drug Laws this year. Please contact Caitlin Dunklee, Drop the Rock Coordinator, at 212-254-5700 x 339 or cdunklee@... , for more information. Drop the Rock!

Press Release: NY Sentencing Commission Releases Report to Governor on Rockefeller Drug Laws and Criminal Justice

For Immediate Release: February 3, 2009 For More Info: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646) 335-2264 New York Sentencing Commission Releases Report on Rockefeller Drug Laws and Criminal Justice Commission Caves to Prosecutors, Issuing Report That Fails to Address Real Reforms to Draconian Laws, Does Not Restore Judicial Discretion, Maintains Failed Criminal Justice Approach to Drug Policy Advocates Applaud Speaker Silver and the Assembly for Slamming Report and Reaffirming Commitment to Reforming Drug Laws by Advancing a Public Health Approach The Sentencing Commission, established in 2007 by then-Gov. Eliot Spitzer, was tasked with reforming New York's convoluted and complex sentencing system. The Commission's report of recommendations was released today to Governor Paterson. Advocates were dismayed to see that the report did not include any substantive recommendations for reforming the Rockefeller Drug Laws, despite previous claims that the laws were a top priority. "True overhaul of the Rockefeller Drug Laws requires the restoration of judicial discretion in all drug cases, the expansion of alternative-to-incarceration programs, reductions in the length of sentences for all drug offenses, and retroactive sentencing relief for all prisoners currently incarcerated under the Rockefeller Drug Laws," said Gabriel Sayegh of the Drug Policy Alliance. "The Commission caved to the District Attorney's Association, which has a vested interest in maintaining this failed criminal justice approach to drug policy and addiction." Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target major dealers (kingpins), most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal record. Despite modest reforms in 2004 and 2005, the Rockefeller Drug Laws continue to deny people serving under the more punitive sentences to apply for shorter terms, and do not increase the power of judges to place addicts into treatment programs. Nearly 14,000 people are locked up for drug offenses in New York State prisons, representing nearly 22 percent of the prison population, costing New Yorkers hundreds of millions of dollars every year. After the reforms of 2004, there were more people sent to prison under Rockefeller Drug Law offenses than in previous years. Advocates are not alone in their frustration with the Commission's lackluster proposals. Earlier today, Speaker Sheldon Silver released a letter and fact sheet outlining his opposition to the Commission's report. The Speaker notes that the report "ignores" how the failed laws have led to horrific racial disparities in incarceration rates for drug offenses in New York-over 90% of those incarcerated are Black and Latino, even though white and people of color use drugs at approximately equal rates. The Speaker goes on to criticize the report for maintaining mandatory minimum sentences and failing to include retroactive sentencing relief for people currently incarcerated. The Speaker issued his first major policy paper two weeks ago, focused on reforming the Rockefeller Drug Laws (http://assembly.state.ny.us/ssspolicy/Rockefeller.pdf). "Without including key elements of real reform-many of which are outlined by the Speaker in his letter-the report is a taxpayer-funded paperweight," said Sayegh. "Just two weeks ago, the Governor's office, the Speaker and members of the Assembly, numerous State Senators, members of the New York City Council and hundreds of doctors, lawyers, advocates, people in recovery, drug treatment specialists, criminal justice experts and more gathered at the New York Academy of Medicine to develop a public health approach to drug policy (www.newdirectionsnewyork.org). Perhaps the Commission doesn't realize that in addition to the Assembly leading a charge for reform, we have a new President, a new Governor, a new State Senate, and a tidal wave of advocates and community members all calling for a new direction in our drug policies." "My son did not benefit from the so-called reforms of 2004," said Cheri O'Donoghue, who's son, Ashley, was incarcerated for 7 - 21 years on a first-time, nonviolent offense. "When do families like ours finally get justice? The Commission's mandate was clear, and they failed to meet it. The status quo has failed, and we need comprehensive reform."