Sentencing: Report on 2004 New York Drug Law Reform Finds Less than Meets the Eye, Much More to Do 12/16/05

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According to a report by New York's Legal Aid Society released Wednesday, last year's partial Rockefeller drug law reforms lowered some sentences and allowed some people serving the most serious time, the "A-1" cases, to be resentenced, but did not address sentence reductions for the much larger class of less serious "B" offenders. The report, "One Year Later: New York's Experience with Drug Law Reform," called on New York legislators to come back and finish what they started.

members of Mothers of the NY Disappeared Wanda Best, Elaine Bartlett, Regina Stevens, Jan Warren & Julie Colon with children, courtesy 15yearstolife.com
The report found that hundreds of A-1 prisoners serving draconian sentences under the Rockefeller laws who could have been released remain behind bars. Only 30% of those who qualify for resentencing under last year's reforms have been released.

While last year's partial reform expanded treatment options for prisoners, it failed to grant more power to judges to order treatment instead of prison and it failed to fund community drug treatment programs, the report found. Nor did the partial reforms significantly reduce the state's prison population.

There is plenty more for the legislature to do, the report said. State leaders have promised to revisit the Rockefeller laws, and in doing so, they should work to let judges, not just prosecutors, determine who gets into treatment and increase drug treatment spending. As for reducing the prison load, the report recommends dropping low-level street sales from the "B" felony category and allowing those currently doing time as "B" offenders to apply for sentence reductions.

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Issue #415 -- 12/16/05

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