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Rockefeller Drug Laws

Drop-the-Rock Empowerment Day: Statewide Success

[Courtesy of Drop the Rock] Dear Friend of Drop the Rock, On Saturday, Drop the Rock took to the streets to build political leverage in twenty communities that are negatively affected by the Rockefeller Drug Laws. With over 150 volunteers statewide, we exceeded our own expectations on Empowerment Day, gathering approximately 5,000 signatures calling for the repeal of the Rockefeller Drug Laws, and registering over 400 new voters. In addition to the stories on various news channels and radio stations, Drop the Rock Empowerment Day was covered in the New York Times and Albany Times Union. Both articles are below. On behalf of the Correctional Association of New York, I would like to thank all of you for working tirelessly to organize Empowerment Day. Whether you were a first time volunteer or a long-time activist, a neighborhood participant or captain, we thank you for picking up a clipboard on Saturday, and pitching in to support an event which touched thousands of New Yorkers. Empowerment Day will bolster our coalition, and build the momentum we need to pressure Governor David Paterson and other state policymakers to repeal the Rockefeller Drug Laws in 2009. Please mark your calendars and join us for the next Drop the Rock Coalition meeting on Tuesday, October 14th at 6PM at the Correctional Association of NY located at 2090 Adam Clayton Powell Jr. Blvd., Suite 200. And bring a member of your neighborhood's team! Please contact Caitlin Dunklee, Drop the Rock Coordinator, at 212-254-5700 x 339 or [email protected] with any questions. Drop the Rock! Caitlin Dunklee Drop the Rock Coordinator news link: http://www.timesunion.com/TUNews/author/AuthorPage.aspx?AuthorNum=132

Important news about the Rockefeller Drug Laws

[Courtesy of Drug Policy Alliance] Dear Friends: Back in February, I wrote you about our efforts to create a new paradigm in New York, an approach to drug policy that is centered in public health, not prison politics. Many of us have worked together in this effort. We agreed that getting rid of the failed Rockefeller Drug Laws is not enough—New York needs a coordinated drug policy guided by public health principles that will save taxpayer dollars while enhancing safety in our communities. I write you now to let you know about an important development in this effort: The New York State Assembly has taken the first step towards heeding our call. On Monday, the Assembly announced an unprecedented joint hearing on Rockefeller Drug Laws and the future of drug policy in New York. The joint hearing is being convened by six Assembly Committees: Codes, Corrections, Judiciary, Health, Alcoholism and Drug Abuse, and Social Services. We know of no other time that this has ever happened in New York, making this an unprecedented opportunity for us to advance our cause. The hearing announcement is enclosed. There are two hearings: the first on May 8th – the 35th anniversary of the Rockefeller Drug Laws – in New York City, and a second one on May 15th in Rochester. This is a remarkable opportunity to let the Assembly know that we want not only reform of the Rockefeller Drug Laws, but to shift the discussion of drug use and abuse from a criminal justice framework to one of public health. The Assembly hearing announcement states that “Drug addiction is a treatable disease, so among issues raised is whether a system that focuses on preventing and treating drug addiction rather than simply incarcerating individuals will result in a reduction in the use and sale of drugs – something mandatory imprisonment laws have failed to accomplish.” There are four things you can do now to get involved: 1. Sign up to testify at the hearings in New York City or Rochester. Can you testify at one of the hearings in New York or in Rochester? If you would like to testify at the hearing, please contact us and we will help you apply to testify and make your voice heard. Not everyone will be able to testify, which is why we are going to hold a rally outside the hearings on May 8 in NYC (see below). 2. If you are in NYC on May 8, join us at a rally for Public Health, not Prison Politics. Please join us and hundreds of other New Yorkers on May 8th for a rally outside 250 Broadway, the location of the hearing in New York City. We will call on the Assembly to go beyond Rockefeller and treat drug use and abuse in New York State as a public health issue. Details to follow next week. 3. Send this message to three other people. Let your friends, family, and co-workers know about the hearings. 4. Join our Legislator Education Teams: Drug Policy Alliance is spearheading a project to meet with every New York State Legislator from the New York City area. Want to talk with your elected representatives about the Rockefeller Drug Laws? Come join us on May 5, 2008, from 6 – 7:30 for the training to learn how to be part of the Education Teams. The training is free and there will be food. After the training, you can join one of our education teams in New York City. For more info, please email Jill Battagline at [email protected], or call 212-613-8053. That’s it. If you have any questions, please email me directly. Thanks for all you do. Onward, Gabriel ----------------------------------------------------------------- Gabriel Sayegh Director, State Organizing and Policy Project Drug Policy Alliance 70 West 36th Street, 16th Fl. New York, NY 10018 (212) 613-8048 ph. (212) 613-8021 fax www.drugpolicy.org

Press Release: Tuesday (8/28/07) 11 am Teleconference: Rockefeller Reform Advocates Weigh in as NY State Commission on Sentencing Reform Votes on First Round of Recommendations

For Immediate Release: August 27, 2007 Contact: Tony Newman (646) 335-5384 or Jennifer Carnig (212) 607-3363 New York State Commission on Sentencing Reform Debates Rockefeller Drug Law Overhaul This Week Dozens of Advocacy, Community Groups Unite to Reject Half-Steps, Demand Real Reform Tuesday 11 am: Leading Advocates and Family Members Join Tele-Press Conference to Release Coalition Statement on Commission What: Tele-Press Conference When: Tuesday, August 28, 2007. 11 a.m. Call in information: 800-311-9404; Passcode: 740815 Who: Cheri O’Donoghue, Prison Family Community Forum member and mother of a young man locked up for 7 – 21 years on a first-time, B-felony offense. Anita Marton, Legal Director, Legal Action Center Tony Papa, Communications Specialist, Drug Policy Alliance; author; and formerly incarcerated under the Rockefeller Drug Laws Donna Lieberman, Executive Director, New York Civil Liberties Union Howard Josepher, Executive Director, Exponents Treatment Program New York— This week, the New York State Commission on Sentencing Reform will vote on its first round of recommendations, before releasing a preliminary report of findings to the public in October. The Commission, enacted by Governor Elliot Spitzer through Executive Order, is charged with reviewing New York’s sentencing structure, sentencing practices, community supervision, and the use of alternatives to incarceration. The Rockefeller Drug Laws, including the Second Felony Offender Act, are high on the Commission’s priority list. The Real Reform Coalition - made up of advocates, academics, activists, families and individuals impacted by the Rockefeller Drug Laws – has been monitoring the Commission closely. Tomorrow, the Coalition will release an open letter to the Commission highlighting what constitutes meaningful reform. Signatories include the leading criminal justice, alternatives to incarceration, and drug treatment advocates in New York, along with families and community members directly impacted by the unjust laws. The leading opponents to reform are some prosecutors who are terrified of losing their power through additional changes in the law. They have been using skewed politically motivated reports to derail reform efforts. The Rockefeller Drug Laws, enacted in 1973 under Governor Nelson Rockefeller, 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 records. 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. Currently, more than 14,000 people are locked up for drug offenses in New York State prisons, representing nearly 38 percent of the prison population and costing New Yorkers hundreds of millions of dollars every year. “My son did not benefit from the so-called reforms of 2004,” said Cheri O’Donoghue, who’s son, Ashley, is incarcerated for 7 – 21 years on a first-time, nonviolent offense. “When do families like ours finally get justice? The Commission’s mandate is clear—the status quo has failed, and we need comprehensive reform.” “There is tremendous support in New York for real reform,” said Gabriel Sayegh, project director at Drug Policy Alliance. “The so-called reforms of 2004 were a half-step forward, but New Yorkers understand it was not enough. As the Rockefeller Drug Laws continue, so do racial disparities, sentencing disparities, and lack of drug treatment alternatives.” Real reform of the Rockefeller Drug Laws requires four key elements: restoration of judicial discretion in all drug cases; the expansion of alternative-to-incarceration (ATI) programs, including community based treatment; reductions in the length of sentences for all drug offenses; and retroactive sentencing relief for all prisoners currently incarcerated under the Rockefeller Drug Laws. “Under its drug-sentencing laws New York State has perpetrated one of the great civil rights injustices of our time,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “The state’s Rockefeller Drug Laws have come to mean a law that is unfair, unjust and cruel; that is destructive, not rehabilitative; that is enforced with a blatant racial and ethnic bias. We hear much these days about an era of reform in Albany – reform of the state’s drug laws is a good place to start.”

Real Reform New York Coalition: Screening and Discussion of "Lockdown, USA," a New Documentary about the Rockefeller Drug Laws

For Immediate Release: June 12, 2007 Contact: Douglas Greene, T: 516-242-4666, E: [email protected] Screening and Discussion of “Lockdown, USA,” a New Documentary Film about the Rockefeller Drug Laws on Thursday, June 14 Advocates and Family Members Join Together to Demand Gov. Spitzer and Senate Majority Leader Bruno Keep Their Word and Enact REAL REFORM of New York’s Draconian and Inhumane Drug Laws Before Session Ends Next Thursday New York-- On Thursday, June 14, advocates for Real Reform of the Rockefeller Drug Laws and parents of Rockefeller Drug Law prisoners will be discussing Gov. Eliot Spitzer’s and Senate Majority Leader Joe Bruno’s failure to act on Rockefeller Drug Law reform as the legislative session enters its final week. Following the legislative update and comments from parents of Rockefeller drug law prisoners, there will be a screening of a new documentary about the Rockefeller Drug Laws, called Lockdown, USA. The screening is being sponsored by the Real Reform New York Coalition, Cures not Wars and the Drug Policy Alliance. The evening will conclude with a stand-up comedy performance by Randy Credico, Director of the William Moses Kunstler Fund for Racial Justice, who is featured in the film. Assembly Bill 6663-A, which was passed by the Assembly on April 18, 2007, would expand drug treatment for people convicted of nonviolent drug offenses, and continue sentencing reform by allowing certain people serving time for “B” felonies to apply for resentencing—a key piece missing in changes to the law made in 2004 and 2005. The bill would also increase judicial discretion and allow for some people convicted of first- and second-time drug offenses to receive treatment and probation instead of prison. Companion Senate Bill 4352-A is stuck in the Crime Victims, Crime and Correction Committee, and Senate Majority Leader Bruno and Gov. Spitzer have other legislative priorities before session ends on June 21. “The last small reform to the Rockefeller Drug Laws was clearly not enough. My son Ashley is a prime example of this, because he is serving a 7 to 21 year sentence for a first time, nonviolent offense,” said Cheri O’Donoghue, who will be speaking. “Senate Majority Leader Bruno, Speaker Silver, and Governor Spitzer have all promised real reform. The Assembly has acted—where are the Senate and the Governor? These inhumane, racist laws have been around for over 34 years, and enough is enough.” New York’s Drug Law Reform Act of 2004 (DLRA) lowered some drug sentences but it fell far short of allowing most people serving under the more punitive sentences to apply for shorter terms, and did not increase the power of judges to place addicts into treatment programs. While advocates and family members are encouraged by the modest reforms, they are clear that the recent reforms have no impact on the majority of people behind bars. Most people behind bars on Rockefeller charges are charged with nonviolent lower-level or class-B felonies. Advocates and family members of Rockefeller Drug Law prisoners will be screening Lockdown, USA, a new documentary which follows the unlikely coalition working to change the Rockefeller Drug Laws: outraged mothers and community members, formerly incarcerated people, hip-hop community leaders, and many more. The documentary, which premiered at the Tribeca Film Festival in May 2006 and has screened at film festivals around the world, captures the series of events that forced the political establishment to reconcile with the burgeoning movement to repeal the draconian, racist Rockefeller Drug Laws. Hip-hop megastar and multi-platinum artist Jim Jones released “Lockdown, USA,” a single about the Rockefeller Drug Laws, on May 8, 2007, the 34th anniversary of the Laws. What: Discussion about the Rockefeller Drug Laws and legislative status of reform bills with Real Reform advocates and families of Rockefeller Drug Law prisoners; Screening of Lockdown, USA follows; Stand-up comedy performance by Randy Credico When: Thursday, June 14, at 6:30 p.m. Where: Yippie Museum Café, 9 Bleecker Street. Who: Gabriel Sayegh (Director, State Organizing and Policy Project, Drug Policy Alliance); Wanda Best (wife of Rockefeller Drug Law prisoner Darryl Best, whose story is featured in Lockdown, USA); Ricky and Cheri O'Donoghue (parents of Rockefeller Drug Law prisoner Ashley O'Donoghue); Randy Credico (Director, William Moses Kunstler Fund for Racial Justice).

DPA Media Advisory: Surprise Birthday Party for Gov. Spitzer; Advocates Ask Spitzer to Keep His Campaign Promise to Reform Draconian Drug Laws

MEDIA ADVISORY: June 7, 2007 Contact: Gabriel Sayegh, 646-335-2264 or Tony Newman, 646-335-5384 Rockefeller Drug Law Reform Advocates to Throw a Surprise Birthday Party on Friday at Noon for Gov. Eliot Spitzer Real Reform New York Coalition and Others to Deliver Birthday Cake and Card to Spitzer Asking Him to Keep His Campaign Promise to Reform Draconian Drug Laws New York, NY—The Real Reform New York Coalition will join with many others on Friday, June 8 at noon to throw a surprise birthday party for Gov. Eliot Spitzer outside of his New York City office. Asking him to heed his campaign promise to reform the draconian Rockefeller drug laws, the coalition will celebrate Spitzer’s promise of justice. The Real Reform New York Coalition, made up of advocates, people formerly incarcerated under the Rockefeller drug laws, their family members and supporters, will share cake and party favors with the crowd, and deliver a large birthday card—signed by New York voters—demanding real reform of the Rockefeller Drug Laws. While campaigning, Spitzer promised to make Rockefeller Drug Law reform a priority during his term as governor. However, during the first six months in office, he has remained strangely silent about reforming Rockefeller Drug Laws. The Rockefeller drug laws underwent minor changes in 2004 and 2005. These changes proved to be ineffective in changing the racist and non-rehabilitative impact of these laws. The Rockefeller drug laws have filled New York’s state prisons with more than 14,000 people convicted of drug offenses, representing nearly 38 percent of the prison population and costing New Yorkers more than $550 million annually. New York’s Drug Law Reform Act of 2004 (DLRA) lowered some drug sentences but it fell far short of allowing most people serving under the more punitive sentences to apply for shorter terms. The reforms also did not increase the power of judges to place addicts into treatment programs. While advocates and family members are encouraged by the modest reforms, they maintain that the recent reforms have no impact on the majority of people behind bars. Most people behind bars on Rockefeller drug law violations are charged with nonviolent lower-level or class-B felonies. In April, the state Assembly passed A.6663, a bill that would significantly reform the Rockefeller Drug Laws by expanding treatment, reducing harsh sentences for low-level offenses, and increasing judicial discretion. Governor Spitzer has yet to comment on the bill, which is now sitting in the Senate. What: Surprise Birthday Party/Rally for Rockefeller Drug Law Reform Where: Outside Gov. Spitzer’s New York City Office, 633 3rd Ave. When: Friday, June 8, 2007, 12 p.m. to 2 p.m.

DPA Press Release: Lawmakers, judges, and advocates rebuke Gov. O’Malley’s veto of sentencing reform bill

For Immediate Release: May 17, 2007 Contact: Naomi Long (202) 669-6071 or Laura Jones: (202) 425-4659 Lawmakers, judges, and advocates rebuke Gov. O’Malley’s veto of sentencing reform bill; O’Malley “clinging to the failed policies of the past” in a “lapse of leadership” Coalition vows to continue educating O’Malley, promoting treatment instead of prisons Annapolis—A coalition of advocates, law enforcement officials, drug treatment providers and policy experts today denounced Governor O’Malley’s veto of a bill that would have provided the possibility of parole for non-violent drug offenders. The sentencing reform bill, HB 992, was one of the only bills vetoed by O’Malley, despite its support from the legislature, the coalition, and the editorial pages of the Washington Post and Baltimore Sun. “The veto is a disappointing mistake,” said Justice Policy Institute executive director Jason Ziedenberg. “Instead of taking a baby step in the right direction towards treatment instead of prison, O’Malley is stubbornly clinging to the failed tough on crime policies of the past. The governor failed to show leadership and vision in this decision.” States across the country have taken steps to reform ineffective mandatory sentencing laws that remove discretion to consider the individual facts of the case. Newly-elected Massachusetts Governor Deval Patrick (D) recently called for wide ranging mandatory minimum sentencing reform. Newly-elected New York Governor Elliot Spitzer added language in his budget for a prison closure commission, and is considering a bill to further reform the state’s Rockefeller Drug Laws. Under the comparatively modest Maryland reform, individuals convicted of a 10-year sentence for a nonviolent drug reform would have been eligible for, but not guaranteed, parole. Individuals convicted of violent crimes would serve the full 10-year sentences. “Governor O’Malley has put Maryland out of step with other states that are moving in the direction of smarter, more effective sentencing policies,” said Naomi Long, Director of the Drug Policy Alliance District of Columbia Metropolitan Area project. “This veto was a lapse of leadership, and hurts Maryland’s efforts to implement the kinds of real reforms that would actually make a difference.” The state of Maryland spends millions of dollars each year incarcerating nonviolent drug offenders, the vast majority of whom would be better served by drug treatment options. A recent report by the Justice Policy Institute found that Maryland's sentencing laws disproportionately affect communities of color and may be the least effective, most expensive way to promote public safety. “The fight for more effective and fair sentencing policies isn’t over,” said Delegate Curtis Anderson (D-Baltimore), a sponsor of the legislation. “Maryland voters want more fair and effective sentencing policies. We will keep working with the Governor to implement those reforms.” The Partnership for Treatment, Not Incarceration supported HB 992, and is a consortium of organizations and individuals including members of faith communities, public health and drug treatment professionals, public defenders, judges, police and other law enforcement. For more information about bill, or to interview spokespeople who can respond, contact Naomi Long (202)669-6071. To learn more about sentencing reform work in Maryland, visit: www.justicepolicy.org and www.drugpolicy.org .

Today is the 34th anniversary of the signing of New York's infamous Rockefeller Drug Laws

[Courtesy of the William Moses Kunstler Fund for Racial Justice, Inc. and Tony Papa] Today, May 8, marks the 34 year anniversary of the signing of New York's infamous Rockefeller Drug Laws. In December of 2004 the laws were mildly modified but continue unabated to wreak untold havoc on poor communities of color across the Empire State. Below is a link to a powerful and edifying video/song written and performed by Hip-Hop megastar Jim Jones calling on Governor Spitzer to reform the cruel and unusual, and racially applied Rockefeller Drug Laws (now the Elliot Spitzer drug laws). The video serves as trailer for the newly released documentary Lockdown USA. Moreover, we have included a compelling editorial that appeared this week in the Huffington Post. The editorial was written by artist/activist and Rockefeller Drug Law survivor Anthony Papa. In the editorial, Mr. Papa urges not only the Governor Spitzer but also Lt. Governor David Patterson in particular NY Attorney General Andrew Cuomo to use their offices to follow through on their past commitment to push for the REPEAL of the Rockefeller Drug Laws. Mr. Cuomo is one of the four major figures featured in the Lockdown USA documentary. All three public officials have been silent on the issue since their respective inaugurations. Mr. Papa, formerly of Mothers of the NY Disappeared, is now a media specialist for the Drug Policy Alliance (DPA). DPA has worked closely with the NY Mothers and the Kunstler Fund for the past 9 years in the popular movement to repeal the Rockefeller Drug Laws.(www.drugpolicy.org). Jim Jones Lockdown, USA Song http://www.drugpolicy.org/statebystate/newyork/lockdownusa/