As many as 1,500 low-level, nonviolent drug offenders will be able to apply for release or shorter sentences under reforms to New York's draconian Rockefeller drug laws that went into effect Wednes

Okay, everybody stop, take a breath. Perhaps smile. Reforms to New York state's draconian Rockefeller drug laws have gone into effect today. State authorities have identified about 1,100 inmates who are eligible to apply for resentencing now -- I've also seen the figure 1,500 cited. The Legal Aid Society is already working with 270 of them.

It isn't nearly enough. Our article published just before the legislation passed last April outlines some of its deficiencies. If all of those 1,100 gain earlier release than they would have gotten, that will leave another 13,000, and resentencing doesn't mean they'll all get out right away. Of course, the limited scope of the reforms passed by the legislature didn't stop prosecutors from trying to block their implementation. But they failed.

This is the second time the legislature has modified the Rockefeller laws -- the first time was in 2004 -- and yet most of the work still lies ahead of us. But 1,100 people, potentially, will have their lives transformed, and another chink has been made in the drug war wall of injustice.

To once again make use of a Churchill quote that drug reformers have used before: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."

In the meanwhile, watch this video:

For Immediate Release: October 7, 2009
Contact: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646)335-2264

1,500 Incarcerated People Eligible for Resentencing and Release, Judges Now Have Discretion Governor Paterson to Mark Milestone at Brooklyn Courthouse on Wednesday at 10 a.m.

An Army of Legal Advocates and Human Service Agencies Stand Ready to Provide Reentry, Drug Treatment and other Services

New York- On Wednesday, October 7, key elements of the Rockefeller Drug Law reform go into effect: Decision making authority is returned to judges, who can now divert people suffering from drug dependency into treatment and other service programs, instead of prison. And nearly 1,500 people currently incarcerated for low-level, nonviolent drug offenses under the Rockefeller Drug Laws can petition the court for resentencing and, if approved by a judge, will be released.

After Governor David Paterson signed the reforms into law earlier this year, advocates and service providers have worked diligently to prepare for implementation. Legal aid and public defender agencies are providing legal counsel. Hundreds of social and human agencies around the state have volunteered to provide a broad range of services to those individuals who will be released from prison as a result of drug law reform. In New York City alone, over 100 human service agencies have agreed to work with legal aid and public defender agencies to provide services like housing, job training and drug treatment to those individuals returning from prison as a result of drug law reform.

"As someone who spent 12 years behind bars on Rockefeller charges and another 12 fighting the inhumane laws, I am thrilled that the law has been changed, said Anthony Papa, author of 15 Years to Life. "But, Rockefeller will only be real when those who are behind bars are allowed to come home and those who need help get treatment instead of a jail cell."

"New Yorkers fought for decades to reform the draconian Rockefeller Drug Laws, and we finally succeeded this year," said Gabriel Sayegh of the Drug Policy Alliance. "Now we need to make Rockefeller reform work.
Today marks another step towards our state moving in new direction on drug policy, one based on public health and safety. Thankfully, legal and human service agencies are stepping up to implement reform."

"Rockefeller Drug Law reform symbolizes a critical time in our history, where we acknowledge the individual stories and personal struggles of those who have been most affected by such a harsh and racist sentencing scheme," said Shreya Mandal, Mitigation Specialist for the Legal Aid Society. "These reforms will allow people to reclaim their dignity as we shift from a punitive criminal justice model to a much needed holistic public health model. Now it is time to see this reform through by empowering formerly incarcerated individuals with comprehensive re-entry planning."

Governor Paterson will be marking the milestone at an event at 10 a.m. at the Brooklyn Court House, 320 Jay St., Room 283. In addition to the Governor, two drug court graduates will speak at the event.

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Former Judge Leslie Crocker Snyder has made her career as a “tough on crime” prosecutor and “hang ‘em high” judge, reveling in the moniker "The Princess of Darkness." For years on the bench, she routinely sentenced low-level drug offenders to harsh Rockefeller drug law sentences without batting an eye.

Now, in a tight race for Manhattan District Attorney against former Assistant DAs and self-admitted former cocaine users (more on that below) Richard Aborn and Cyrus Vance, Jr., in next Tuesday’s election, Snyder seems to be changing her tune.

Citing her “progressive” vision, Snyder says : "For more than 20 years on the bench, I have supported alternatives to incarceration for nonviolent, first-time offenders by promoting programs that provide drug treatment, education, and job training. The most important work I did as a judge was finding young people who were not yet locked into the cycle of incarceration and violent crime, and working with all parties to find effective and appropriate sentencing that avoided incarceration and led to rehabilitation."

Some Rockefeller law victims, though, aren’t buying what Snyder is peddling. Writing in the Huffington Post, former Rockefeller law prisoner Tony Papa blasted Snyder for sentencing countless low-level drug offenders as "kingpins," including Jose Garcia, who died in a prison cell at age 69, serving a life sentence under the Rockefeller laws.

"Nowadays there is a new and improved Leslie Crocker Snyder," wrote Papa. "She is running for New York City District Attorney and, remarkably, now supports Rockefeller Drug Law reform. I almost fell off my chair when I heard this. She sounded nothing like the old "Princess of Darkness." Do I think Snyder really supports drug law reform? No, I don't. She knows that she needs the black and Latino vote. And she knows that public opinion has shifted, as the wastefulness and ineffectiveness of harsh sentences for drug law violations has been brought to light over the past decade. I guess running for a political office has a way of changing a person's thinking."

Here’s another Rockefeller law victim who isn’t buying either:

In a debate last week, Snyder admitted smoking pot, but both Aborn and Vance trumped that by admitting they had snorted cocaine as young men. Of course, both men did the mandatory ritual negation of their acts, with Aborn calling his coke-snorting “an error” and Vance saying his message to young people was that “drug use is something to be avoided.”

Aborn sounds pretty progressive on drug policy reform: "It's time to stop ruining young people's lives because of a single mistake," he says on his web site. "It's time to repeal the Rockefeller Drug Laws and replace them with a sensible policy grounded in public health and common sense. Drug kingpins deserve prison. First and second-time non-violent offenders deserve an opportunity to rebuild their lives. And the families of offenders unfairly caught up in the draconian Rockefeller laws deserve to be reunited."

And so does Cy Vance: "In April, Governor Paterson signed into law significant reforms to New York State’s draconian Rockefeller Drug laws,” he says on his web site. “As a prosecutor, a defense attorney, and member of the New York State Commission on Sentencing Reform which provided the blueprint for these overdue changes, I welcome the progress that has been made on this important issue. During the more than two decades I have been involved in sentencing issues, I have always been an advocate for moving toward a treatment model that protects public safety through rehabilitation where possible as opposed to a punitive model based on incarceration….As District Attorney, I will continue to work with the Governor and State Legislature to ensure that our drug laws include statewide treatment options and re-entry programs that break the cycle of crime by changing behavior and strengthening families."

But neither Alford nor Vance will come out and say that people should not be prosecuted for drug use or simple possession, like what they did in their youths. Maybe they don’t believe that. Maybe they think they should have been caught and punished for snorting a line or two. Maybe they think they should have been sent to drug treatment. But somehow, I doubt that. I think it’s more likely that just don’t think it would be politically expedient to say that absent harm to others, drug use should not be the state’s business. And that’s too bad.

I don’t live in Manhattan, so I don’t get to vote on Tuesday. I wouldn’t presume to tell New Yorkers how to vote, and I’m not sure which candidate I would vote for. But I know which one I wouldn’t vote for. Got that, Princess?

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

The losers in New York state's effort to reform its draconian Rockefeller drug laws, mainly district attorneys and Republican legislators, made a last-ditch effort this week to scuttle part of the

Press Release: April 3, 2009                                       
Contact: media@famm.org                                                                                          

FAMM Cheers Passage of Rockefeller Drug Law Reform

Changes Further "Smart on Crime" Sentencing Trend

WASHINGTON, 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 media@famm.org.

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Sentences that Fit. Justice that Works.

FOR IMMEDIATE RELEASE: April 2, 2009
CONTACT: Jennifer Carnig, 845.553.0349 / 212.607.3363 / jcarnig@nyclu.org

State Legislature Passes Historic Drug Law Reforms

April 2, 2009 -- The New York Civil Liberties Union today applauded the State Legislature for passing historic reforms to New York State’s notoriously harsh and ineffective mandatory minimum drug sentencing scheme.

“These reforms are a major step toward ending a disastrous policy that has ruined lives, torn apart families and caused enormous racial inequities,” NYCLU Executive Director Donna Lieberman said. “Substance abuse is both a public health and a law enforcement issue and today, after 36 long years, New York will finally start treating it that way.”

Enacted in 1973, the Rockefeller Drug Laws mandated extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Though the laws are intended to target drug kingpins, most sentenced under them are convicted of low-level, nonviolent offenses. Most of the nearly 12,000 New Yorkers serving time for drug offenses have substance abuse problems; many others turned to drugs because of problems related to homelessness, mental illness or unemployment.

For decades, the NYCLU, criminal justice advocates and medical experts have sought to untie the hands of judges and allow substance abuse 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.

“Governor Paterson deserves an enormous amount of credit for his leadership in making good on his promise to New Yorkers to make drug law reform a priority,” Lieberman said. “He was a leader on this issue in the state senate and stayed true to his beliefs when he became governor and succeeded in working effectively with the assembly and the senate to make reform a reality.”

The Rockefeller bill embraces two fundamental principles of reform: It eliminates mandatory minimum sentences, and significantly restores judges’ ability to order treatment and rehabilitation instead of incarceration.

“These reforms do not eliminate irrationality and injustice from the drug sentencing laws, but it shifts New York’s failed drug policy away from mass incarceration and toward a public health model,” said Robert Perry, NYCLU legislative director. “This is a historic occasion.”

Once Governor Paterson signs the bill into law, it will:

• Restore the authority of a judge to send individuals charged with drug offenses into substance abuse treatment rather than prison;
• Expand in-prison treatment and re-entry services so that people who want and need help can access it; and
• Allow for approximately 1,500 people serving excessive sentences for low-level nonviolent drug offenses to apply for resentencing.

While these reforms represent a historic step forward in overhauling the drug laws, significant remnants of the Rockefeller Drug Law scheme remain in place.

The NYCLU noted, for example, that the bill:

• 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
• Retains a weight-based sentencing scheme that will mandate a long prison sentence for people who should be eligible for treatment.

“The bill restores an important measure of common sense and rationality to our drug laws,” Lieberman said. “But there is more work to be done in the future to restore fundamental justice and fairness to our criminal justice system.”

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A week ago today, New York Gov.

FOR IMMEDIATE RELEASE: March 31, 2009
CONTACT: Jennifer Carnig, 212.607.3363 / jcarnig@nyclu.org

NYCLU: Historic Reforms of New York’s Draconian Drug Sentencing Scheme Imminent

March 31, 2008 – In anticipation of the passage of the budget within the next 24 hours, the New York Civil Liberties Union today applauded the State Legislature for making significant reforms to New York State’s notoriously harsh and ineffective mandatory minimum drug sentencing scheme.

“New York State is on the verge of a historic moment,” said NYCLU Executive Director Donna Lieberman. “This bill does not eliminate the Rockefeller Drug Laws but it does provide for a new approach to substance abuse. Substance abuse is a public health issue and today, after 36 long years, New York is finally poised to treat it that way.”

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 sentenced under the laws are convicted of low-level, nonviolent offenses. Most of the nearly 12,000 New Yorkers serving time for drug offenses have substance abuse problems; many others turned to drugs because of problems 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 budget bill embraces two fundamental principles of reform: elimination of mandatory minimum sentences, and a significant restoration of the ability for judges to order treatment and rehabilitation rather than incarceration.

“The proposed reform, if adopted, will not eliminate irrationality and injustice from the drug sentencing laws, but it shifts New York’s failed drug policy away from mass incarceration and toward a public health model,” said Robert Perry, NYCLU legislative director.

The bill:

• Restores the authority of a judge to send individuals charged with drug offenses into substance abuse treatment rather than prison;
• Expands in-prison treatment and re-entry services so that people who want and need help can access it; and
• Allows for approximately 1,500 people serving excessive sentences for low-level nonviolent drug offenses to apply for resentencing.
The NYCLU took pains, however, to make clear that while the bill represents an important step in overhauling the drug laws, it does not fully realize the reform principles on which the legislation is based. Significant remnants of the Rockefeller Drug Law scheme remain in place.

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
• Retains a weight-based sentencing scheme, which will lead to a long mandatory prison sentence for someone who has a few grams more of a substance than someone who is eligible for treatment.

“To hear the protests of the district attorney’s lobby, one would think that the legislature is proposing radical reform,” Lieberman said. “It is not. The bill restores an important measure of common sense and rationality to our drug laws. But there is more work to be done to restore fundamental justice and fairness.”

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For Immediate Release: March 30, 2009
For More Info: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646) 335-2264

Proposal to Reform Rockefeller Drug Laws Included in NYS Budget Package, Vote Expected Tomorrow

Bill Restores Judicial Discretion, Expands Drug Treatment, and Reforms Sentences for Low-Level, Nonviolent Drug Offenses

Advocates: A Good First Step Towards Developing a Public Health and Safety Approach to Drugs in New York

ALBANY- Over the weekend, New York Governor David Paterson, the Senate and the Assembly concluded negotiations on Rockefeller Drug Law reform. The bill is part of the state budget proposed by lawmakers, which is expected to be voted on this week. The bill outlines broad reforms to the long-failed Rockefeller Drug Laws, including restoring judicial discretion in most low-level drug cases, expanding drug treatment and alternatives to incarceration for people convicted of low-level nonviolent offenses, and increasing penalties for drug kingpins and adults who sell drugs to young people.

“While much more moderate than the reform bill passed by the Assembly last month, this proposal constitutes an important step forward in developing more effective drug policies based in public health and safety,” said Gabriel Sayegh, project director with the Drug Policy Alliance. “The Legislature and Governor should have made the proposal even more expansive, for instance by returning discretion to judges in every drug case, not only low-level cases. We believe, though, that this bill constitutes real reform, and should be enacted.”

Details of the proposal include:

* Returns judicial discretion low-level drug law cases
* Expands treatment and re-entry services
* Expands drug courts
* Allows for approximately 1,500 people incarcerated for low-level nonviolent drug offenses to apply for resentencing
* Increases penalties for drug kingpins
* Increases penalties on adults who sell drugs to young people

The bill would allow certain people incarcerated for low-level nonviolent drug offenses to apply to the court for resentencing. The reforms of 2004 and 2005, enacted by a Democratic Assembly, Republican Senate and Republican Governor, allowed those person’s serving A-level felonies—the most serious felony level—apply for resentencing. But those reforms did not allow the vast majority of people incarcerated under the Rockefeller Drug Laws—those imprisoned for lower-level offenses--to be resentenced under the fairer system. The bill presented by the Legislature and Governor seeks to remedy this problem.

The proposal would also allow judges to send those convicted of low-level drug law offenses into drug treatment or other alternatives to incarceration. The move could save New Yorkers hundreds of millions of dollars each year. Incarceration costs approximately $45,000 per year, while treatment and alternatives to incarceration cost $15,000 or less, and are far more effective at reducing recidivism and criminal activity.

“As a former prisoner under the Rockefeller Drug Laws, I support this legislation because it will rescue many of the prisoners who fell through the cracks of the prior reforms,” said Anthony Papa, of the Drug Policy Alliance. “This proposal will give people convicted of low-level drug offenses a chance to be reunited with their families and become productive tax paying citizens like myself.”

Earlier this month, the Assembly passed more significant reform legislation which started the negotiations for reform. Assembly bill 6085, sponsored by long-time reform champion Assemblyman Jeff Aubry (D-Queens), chairman of the Corrections Committee and Speaker Silver, was even more comprehensive than the proposal included in the budget today. Senator Eric Schneiderman (D-Manhattan), chairman of the Codes Committee, introduced similar legislation in the Senate, but that bill was never passed. An agreement of a meaningful compromise between he Governor, the Senate and the Assembly was announced at the Capitol last Friday.

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.

“This proposal isn’t as expansive as it should be, but it represents significant and long-overdue reforms,” said Sayegh. “For years advocates have fought for reforms to these failed laws. Now, after weeks of negotiations between the Legislature and Governor, we’re one vote away from real, meaningful reform of the Rockefeller Drug Laws.”

FOR IMMEDIATE RELEASE: March 29, 2009
CONTACT: Jennifer Carnig, 845.553.0349 / 212.607.3363 / jcarnig@nyclu.org

NYCLU: Rockefeller Bill a Major Step Forward

March 29, 2009 -- The bill to reform New York’s draconian Rockefeller Drug Laws is finally complete – finalized late Saturday night – and the New York Civil Liberties Union today applauded the historic agreement.

“After 36 years of gross injustice, we are finally on the verge of significant reform to these ineffective, cruel laws,” said NYCLU Executive Director Donna Lieberman. “The bill that the governor, senate and assembly agreed to does not repeal the Rockefeller Drug Laws, but if it passes it will be a major step toward justice in New York.”

The final bill embraces – for the first time and in a meaningful way – two important principles of reform: It includes an elimination of mandatory minimum sentences, and it includes a restoration of judges’ authority to send many drug offenders to treatment programs instead of jail.

The reform bill comes to a vote on Tuesday. Its passage is not guaranteed, Lieberman warned, and the possibility exists for the addition of amendments that would torpedo the essential gains made in the draft legislation.

“It’s more important than ever for advocates, activists and everyday New Yorkers to call their elected officials,” said NYCLU Legislative Director Robert Perry. “This bill is an important step toward safer, healthier communities. We need to urge our leaders to support it.”

In yesterday's Drug War Chronicle we reported that a deal seemed to be near for reform of New York State's infamous Rockefeller Drug Laws -- reform that appeared likely to eliminate mandatory minimum sentencing for many (though not all) of the state's drug defendants while allowing current Rockefeller prisoners to apply for commutations.

The deal now reportedly has been reached. Click here for the latest from the New York Times, and here for the NYT archive on the topic.

Tony Papa sent out the link for the following NYPost.com video about it too:

The legislation is not perfect, and it doesn't help everybody -- check back for details -- but we are optimistic that this will help a lot of people and that we are at an historical turning point in the issue.

CONTACT:

Jennifer Carnig, 212.607.3363 / jcarnig@nyclu.org

NYCLU Applauds Pledge to Reform Rock Drug Laws, but Cautions to Wait for Details

FOR IMMEDIATE RELEASE

March 27, 2009 – 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.

“What 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,” said NYCLU Executive Director Donna Lieberman. “The 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 state’s discriminatory, ineffective drug laws until we know the details.”

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

“We have a commitment to the principles of reform,” said NYCLU Legislative Director Robert Perry. “But the real story is that this thing isn’t done yet. Our political leaders are trying hard to reach agreement on the details of a reform bill, but they haven’t done that yet. It’s 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.”

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.

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CONTACT:

Jennifer Carnig, 212.607.3363 / jcarnig@nyclu.org

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.

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The New York Times reported Thursday that a tentative agreement, on principle, to reform New York's drac

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

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 of

For Immediate Release: March 23, 2009
Contact: Jennifer Carnig at 212.607.3363 or jcarnig@nyclu.org, 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

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The New York Assembly passed a Rockefeller drug law reform bill last Wednesday<

Once again, we find the press struggling to cover drug policy reform without resorting to derogatory epithets:

State Moves Toward Lighter Sentences for Potheads
By Scott Ross

The state Assembly has struck a blow for the state's stoners by voting to repeal the Rockefeller drug laws that have threatened so many tokers with the wrong kind of joint. [NBCNewYork.com]

This is really an achievement in childish drug reporting in that it not only sounds ridiculous, it actually renders the story utterly frivolous and misleading. Marijuana arrests are a problem in New York to be sure, but simple possession is technically decriminalized already. Rockefeller reform is primarily not about marijuana at all. It's about reforming wildly draconian sentencing guidelines for a variety of drug offenses. Framing it as a marijuana policy reform is just wrong. Many of the worst excesses of the Rockefeller laws have nothing at all to do with marijuana.

Sadly, it looks as though the author loved his dumb headline so much, he destroyed the entire story just so he could use it. It's pure journalistic malpractice.

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