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Legislative Deal Made on Rockefeller Drug Laws

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.
Chronicle
Chronicle

Reportaje: Surgen proyectos que exigen exámenes toxicológicos para recibir prestaciones sociales y subsidios de desempleo por todo EE.UU.

Frente a crisis económicas, <em>déficits</em> fiscales y listas de prestaciones sociales y subsidios de desempleo, algunos legisladores estatales están proponiendo una idea malísima: someter a los beneficiarios de prestaciones sociales y/o de subsidios de desempleo a exámenes toxicológicos. Pero hay una amplia gama de organizaciones alineada en contra suya. Ah, y también hay aquella latosa Constitución.
Chronicle

Reportaje: Asambleas tratan de proyectos de ley del “Buen Samaritano” para sobredosis en intento de reducir muertes

Vidas están siendo perdidas porque cuando alguien sufre una sobredosis con drogas, los amigos, con miedo de que los arresten o apresen a la víctima, dudan en buscar ayuda. En el 2007 Nuevo México se convirtió en el primer estado que aprobó una ley del Buen Samaritano para proteger a la gente que llama ayuda para acudir a sobredosis. Este año proyectos de ley parecidos están surgiendo por todo EE.UU.
In The Trenches

The Sentencing Project: "A National Disgrace"

Dear Friend: Yesterday, U.S. Senator Jim Webb (D-VA), took a bold step toward a more fair and effective criminal justice system. He introduced a bi-partisan bill with Senator Arlen Specter (R-PA) that would create a blue-ribbon commission to conduct an 18-month review of the nation's criminal justice system and offer concrete recommendations for reform. "America's criminal justice system has deteriorated to the point that it is a national disgrace," said Senator Webb. "With five percent of the world's population, our country houses twenty-five percent of the world's prison population. Incarcerated drug offenders have soared 1200% since 1980. And four times as many mentally ill people are in prisons than in mental health hospitals." We agree with Senator Webb's assessment of the criminal justice system. Since his election in 2006, The Sentencing Project has been working with Senator Webb to provide information and analysis on sentencing and drug policy, along with recommendations for reform. We commend Senator Webb for his leadership on this issue, and look forward to working with his office, and other leaders in the House and Senate to advance sentencing reform, examine racial disparity and improve the juvenile justice system. You can help The Sentencing Project continue to advocate for a more fair and effective criminal justice system by making a contribution to our work today. Every day, support from individuals like you is making a difference in The Sentencing Project's work to change the way Americans think about crime and punishment. Thank you. Sincerely, Marc Mauer Executive Director
In The Trenches

LEAP: Addiction is not a crime; it's a health issue

LEAP logo

"Help send a strong message that drug policy is a health - not a crime - issue."

Jack Cole pic

Jack Cole
26-year veteran cop
New Jersey State Police

Take Action

Dear Friends,

I'm writing to you from Law Enforcement Against Prohibition about an unprecedented opportunity to get our nation's lawmakers to finally realize that drug abuse and addiction is a public health - and not a criminal justice - issue.

As you probably know, President Barack Obama recently appointed Seattle Police Chief Gil Kerlikowske as his White House "drug czar," more formally known as director of the Office of National Drug Control Policy.

That means that the U.S. Senate will soon hold a hearing to question and confirm Chief Kerlikowske. Historically, the drug czar confirmation hearings are held in the Senate Judiciary Committee, the panel that handles crime and courts issues.

But, since many observers - including the president himself - have said that drug abuse is primarily a health concern, don't you think that the drug czar confirmation should be handled by the lawmakers who oversee such issues?

That's why I'm writing you today.

Please take one minute to visit
http://www.CopsSayLegalizeDrugs.com/health and send a letter to your two U.S. senators, asking them to support moving the drug czar confirmation hearing to the Senate Health, Education, Labor & Pensions Committee, a much more appropriate forum.

We've made it really easy for you to take action. All you have to do is enter your contact information and click "send." If you have an extra minute, you can edit our pre-written letter to personalize it for added impact.

With the new Obama administration, we are cautiously optimistic that there will be a humane shift in drug policy: from the current punitive and forceful model, to a more compassionate one founded in public health.

Indeed, President Obama has repeatedly called for a new health-based approach to drug policy, including when he told Rolling Stone magazine that he believes in "shifting the paradigm, shifting the model, so that we focus more on a public-health approach."

Now, we have a brief window of time to get the message to our elected officials that we want to turn this rhetoric into reality.

Please take one minute to visit
http://www.CopsSayLegalizeDrugs.com/health to do your part by taking action. Then, use the simple follow-up form to let your friends know about this opportunity, too.

Thanks so much for all that you do,
Jack Cole
Executive Director
Law Enforcement Against Prohibition
http://www.CopsSayLegalizeDrugs.com

P.S. Did you know that you can get a cool LEAP badge lapel pin just by making a $5 (or more, if you like) one-time donation or montly pledge?  Check out http://www.CopsSayLegalizeDrugs.com/badge for details.
In The Trenches

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

CONTACT:

Jennifer Carnig, 212.607.3363 / [email protected]

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

FOR IMMEDIATE RELEASE

March 27, 2009 – 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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