Rockefeller Drug Laws

FOR IMMEDIATE RELEASE: December 7, 2009 CONTACT: Tony Newman at (646) 335-5384 or Anthony Papa at (646) 420-7290 NY State Assembly Hearing on Tuesday to Map Out Next Steps in Implementation of Historic Rockefeller Drug Law Reform Courts, Treatment Providers and Community-Based Programs to Brief Lawmakers on Expanded Access to Drug Treatment and Alternatives to Incarceration for Most Drug Offenses The New York State Assembly on Tuesday will hold a key hearing to press forward with implementation of the Rockefeller Drug Law Reform of 2009, soliciting feedback from courts, treatment providers and community-based programs on their readiness and resource needs to carry out the groundbreaking new law. The reform, which took effect on Oct. 7, eliminated mandatory minimum sentences for most drug offenses, restored discretion to judges to sentence individuals to probation, drug treatment or other alternatives to incarceration, and allows approximately 1,000 people convicted under the old Rockefeller Drug Laws to apply for re-sentencing. “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 reform 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.” At Tuesday’s hearing, lawmakers will explore a wide range of issues related to the Rockefeller reform, including: What steps has the court system taken to prepare for and implement the new judicial diversion program, and to ensure that persons who are resentenced have access to community-based reentry programs? Are there sufficient community-based treatment programs available to serve individuals sentenced to treatment or probation, or those released from prison? What are the barriers faced by formerly incarcerated individuals with a history of substance abuse in obtaining public benefits, medical assistance, employment and affordable and stable housing? 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 framework," said Shreya Mandal, Mitigation Specialist for the Legal Aid Society. "Now it is time to see this reform through by empowering formerly incarcerated individuals with comprehensive re-entry planning. Reform also calls for revamping outdated modes of drug treatment, both in and out of prison, and for making progressive changes in how we respond to addiction.” Under more limited reforms to the Rockefeller laws signed by Gov. George Pataki in 2004 and 2005 – which authorized resentencing and eliminated life sentences for individuals convicted of certain drug felonies – 584 individuals were released from prison, and just 9 percent of these people returned to jail, far lower than the state’s 39 percent overall recidivism rate. These results counter claims made by district attorneys and law enforcement officials that sentencing reform leads to disaster. “Opponents of reform try to scare the public with claims that the ‘sky is falling’ every time individuals with substance abuse problems are sent to treatment instead of prison,” said Glenn Martin, Vice President of Development and Public Affairs for The Fortune Society. “But by working collaboratively among treatment providers and Alternatives to Incarceration programs, stakeholders can ensure the success of New York’s movement toward a public health and safety approach to drug use.” Enacted in 1973, the Rockefeller Drug Laws were intended to target drug kingpins, but instead the laws led to the incarceration of thousands of individuals, mostly people of color, for low-level, nonviolent offenses, many with no prior criminal records. Approximately 12,000 people remain locked up for drug offenses in New York State prisons, at a cost of roughly $45,000 per year to incarcerate a single person, compared to an average cost of $15,000 per year for drug treatment, which is proven to be 15 times more effective at reducing crime and recidivism. The Drug Policy Alliance is the nation's leading organization working to end the war on drugs and promote new drug policies based on science, compassion, health and human rights. For more information, please visit: www.drugpolicy.org. What: NY State Assembly Hearing on Rockefeller Drug Law Reform When: 10:30 A.M. Tuesday, December 8th, 2009 Where: Assembly Hearing Room 250 Broadway, Room 1923, 19th Floor New York, NY

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. ###

FOR IMMEDIATE RELEASE: April 2, 2009 CONTACT: Jennifer Carnig, 845.553.0349 / 212.607.3363 / [email protected] 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.” - xxx -

FOR IMMEDIATE RELEASE: March 31, 2009 CONTACT: Jennifer Carnig, 212.607.3363 / [email protected] 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.” - xxx -

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 / [email protected] 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.”