Dumping the Rockefeller Drug Laws for a New Direction in New York

Co-authored by Gabriel Sayegh

After nearly four decades, it looks like the Rockefeller Drug Laws may finally be on their way out. The New York State Assembly recently passed legislation -- A.6085 -- to significantly reform the failed laws. Now it is up to all of us to make sure that this bill gets to the Governor's desk without being weakened, so he can sign it into law. It is the time to put to bed the Rockefeller Drug Laws once and for all.

The Rockefeller Drug Laws passed in 1973, mandate harsh mandatory minimum prison terms for simple, low-level drug offenses. Under these laws, people convicted of first or second time low-level drug offenses receive long prison terms -- not the treatment or support services they often need. New York spends hundreds of millions of taxpayer dollars every year locking up people for drug possession, yet spending on community-based drug treatment is pitifully low, and treatment options for people with drug problems are too limited. Incarceration costs $45,000 per year per person; community-based treatment and alternative programming, often $15K or less.

Today, there are approximately 12,000 people in New York prisons under the Rockefeller Drug Laws, more than 90 percent of who are Black and Latino. There is no excuse for this disparity -- whites and people of color use and sell illegal drugs at approximately equal rates.

Why are so many people in prison for drug offenses? Because we continue to treat drug addiction as a criminal issue instead of the public health problem that it is. Nationwide, over 500,000 people are incarcerated on drug offenses, more than any other industrialized nation.

For years, advocates like the Hip Hop Summit Action Network, the Drug Policy Alliance and many others have worked diligently for reforms. The hip-hop community in particular spoke up and spoke loudly at a major rally in 2003, putting a tremendous amount of pressure on New York's government to make reforms, which they did. However, those moderate reforms in 2004 and 2005 were not nearly enough. Advocates, newspaper editorial boards, and leaders across the political spectrum -- including now Gov. David Paterson, Senate Majority Leader Malcolm Smith, and Attorney General Andrew Cuomo, all longtime champions of reform -- agreed that more needed to be done. Even the recent report by the state Sentencing Reform Commission concluded more reform was needed. Yet real reform of the Rockefeller Drug Laws remains unfinished. Now there is renewed hope.

The Assembly bill is a good starting point for reform, because it does four important things:

1. Restores judicial discretion & Enacts sentencing reform. The Rockefeller Drug Laws are draconian because the sentences are so inhumane. Under current mandatory minimum sentencing practices, judges have no discretion in sentencing. Organizations such as the U.S. Conference of Catholic Bishops, the American Bar Association, and Supreme Court Justice Anthony Kennedy have all called for an end to mandatory minimums because they constitute unfair practices and do not cut crime.

2. Expands and funds treatment. A famous study by the RAND Corporation found that treatment is 15 times more effective -- and far cheaper -- than incarceration in reducing drug abuse and related crime. In California, voters passed Prop. 36 in 2000, diverting people arrested for first- and second- time simple drug possession into community-based treatment, not prison. We have seen this work in other states, so we know it can work in New York.

3. Applies relief retroactively. Sentencing reforms should apply retroactively to thousands of people convicted of low-level offenses who were not provided relief by the reforms of 2004 and 2005.

4. Focuses on re-entry. The bill ties these reforms together with solid re-entry plan, providing wrap-around services such as drug treatment and job training for people returning to our communities from prison. They need help to become productive, taxpaying citizens instead of being a prison number.

New York has had enough of the Rockefeller Drug Laws -- it's time to get rid of them and enact an approach that more effectively balances public health and safety. The Assembly has started this process, and now, the Senate and Governor have to act by supporting and even improving upon this comprehensive proposal. After nearly 36 years of these failed laws, New York is ready for a new direction.

TAKE ACTION now to let your local and statewide representative know that you support the end of the Rockefeller Drug Laws. Catch the film, Lockdown, USA, which documents our fight to end these laws.

Gabriel Sayegh directs the State Organizing and Policy Project of the Drug Policy Alliance, developing drug policy reform campaigns that combine research-driven policy advocacy with community-based organizing strategies.

Comments

[Paul Roberts]

Thank you for being a voice of reason.

[wayoutleft]

great legislative update on that- thanks russell. that's the statement of someone i could vote for sometime soon. i hope the axiom from my new york years- that the liquor industry would never permit relaxed drug laws- may be eroding. i hope so. but in those days bryant park at lunch hour was as open a toking environment as any, certainly in the east.

[oneklj4u]

A major setback for true "prison reform" is that prisons are now a money making venture. More and more prisons have been "privatized" and there is a monetary need to keep those prison cells full. We need to come to grips with the fact that we will NEVER win the war on drugs, but again there is a lot of money (billions) pumped into the law enforcement system to continue their failed attempts to rein in this monster . Legalization and treatment are the only hope we have of ending the drug cartels and emptying the jails of non violent drug offenders.

[slvrfox857]

As I listened yesterday to the news, again, of the raging drug war on the border between Mexico and my home state, Texas, I said to my husband, "You know, if pot were legal, there would be no illegal drug cartels murdering people in Juarez." That may be an oversimplification, but I generally believe that violent crime would drop if criminals weren't the only ones selling the stuff. Instead of spending gazillions of tax payer dollars on prisons and National Guard troops to protect the border, our government could be making money by controlling controlled substances. It seems we should either get honest and real about marijuana and make it legal, or make tobacco, alcohol, coffee and coca-cola illegal so that people would be killing each other over those drugs as well. The current policies make no sense.

[LeonBNJ]

I believe the State of NY spends more on it's prisons than on it's college/university funding. Worse is that all states really cannot afford to keep so many in prison in these troubled times. Many who are in jail under the 'Rockfeller' laws probably didn't have much in the way of compentant counsul, were pressured to do a plea, may have set up by corrupt police officers and especially for women, under threats from husbands or boyfriends to transport drugs when got caught. The Governor should use his powers to commute many sentences and in some cases even issue pardons. Some states are also looking at some form of release programs due to their financial crises.

[LiberalBuzz]

The problem is not just changing drug laws but rather the politicians who make them.

Every single one of them is a freaking coward. They have been trying for years to outdo each other in terms of who can prove they are the most Lawnorder candidate.­......

" My opponent only wants to put drug users in prison for FIVE years....e­lect me and I'll put them in for TEN years!"

Then...

"What, my opponent want's to treat them with kid gloves with only TEN years?!?!? Elect me and I'll give them TWENTY YEARS!!"

Then.....

"I say no more end time....lo­ck them up for LIFE!!! that will prove I AM THE TRUE LAWNORDER candidatate".

And that is why we keep ending up with drug sentences that we once mocked in other countries.

That and the PRISON GUARD UNIONS who are among the most evil in this country.

California in particular has a very evil prison guard union. The are not shy about telling the governor and other candidates that if they don't get harsher sentences, NO opposition to overtime and building more prisons they will spend MILLIONS of taxpayer dollars to defeat them and put in politicians who will make kow towing to Boss Limbaugh look like a dance with your mother.

Get the lobbying arm of the prison guards out of politics and find candidates who are not cowards and we will see real change.

Otherwise.­..........­..........­welcome to the prison/industial complex.

[BarryS]

shortly universal health care will pay for the drug detox programs. free them all and save on the prison costs

[cycle3man]

Congratulations Russell!. Your hard word work
and unwavering persistence has brought
success on this issue.
Thank You!

[Mdazes]

Thanks for the information. I am still waiting for this issue to be addressed on a national level. The last I heard from Washington they were hinting at giving Judges the discrepancy of reducing drug sentencing which is not good enough there need to be something more solid so everyone will have a fair chance.

[monicaangela]

Thank you for your article Mr. Simmons, I agree, we need to stay focused on this issue, and continue to let our Senators and Representatives know we are not pleased with this draconian type law, and are against it to the enth degree. I will catch Lockdown, USA for sure. I also feel the connection between the drug wars in Mexico, and what is happening on the streets here in the U.S. should be brought to light. We need rehab clinics, and yes more help for people who have become ill using drugs. Good luck with your attempt to keep this issue on the front burner, I'm with you all the way.

Great article, keep them coming :)

[larry278]

Is anybody hip to Rocky being a liberal Republican? The draconian Rockafeller, NY drug laws establish that the term 'liberal Republican' is an oxymoron of the order of clean coal & military intelligence.

[Nickesq]

Politicians react negatively to fear and hysteria no matter what party or philosophy they claim.

[larry278]

Major Kong & Nickesq have given us some of the reasons why Rocky failed as a politician & was on his way to oblivion when he died.

[MajorKong]

When Rockefeller wanted to run for president he was so afraid of being labeled "soft on crime" that he pushed for the drug laws that now bear his name.

[TequilaMockingbird]

Thank You Mr. Simmons for the important work you do on this issue.. but please take it a step further.. and help end the For Profit Prison Industry..

How can you get a fair trial in a Country in which Powerful Corporations have a vested interest in Guilty Verdicts for defendants­... ??

How can the convicted ever rejoin society in a productive manner when our judicial system makes it almost impossible and positive support is all but non-existe­nt..

[Nickesq]

I totally agree. Nearly all prisoners are released at some point. People forget that when they focus entirely on the punishment goal and forget rehabilitation. People also assume prisoners are incapable of change, which really short-changes both humanity and God. We need to realize that prisoners need programs and incentives to participate if they are to reenter society with pro-social values and skills to make a living.

[SamKnause]

If you were imprisoned for smoking marijuana you don't need drug counseling. Marijuana is not a drug. It is a plant. It is an herb. You should not have to apologize for smoking marijuana. It should never have been illegal to start with. I am sick and tired of people who will not educate themselves about this wonderful plant, and instead keep trying to demonize it. If the whole world would light up a fatty maybe there wouldn't be so many wars. Marijuana is not habit forming or addictive. Marijuana does not kill or cause anyone to overdose. Marijuana is not a gateway drug. Alcohol is a gateway drug. Alcohol kills. You can overdose on alcohol. Alcohol causes domestic violence. Alcohol ruins lives. Marijuana has caused more lives to be ruined ,unjustly, because of these stupid laws.

[RickCoMatic]

The Government ought to get in the business of selling Marijuana. Nice stores where you can go in and buy Pot. One-hundred grams shy of one ounce of Pot; put a price on it and don't forget the TAX!

Once the recession ends, the stock market gains, world peace is achieved and The United States has a Budget Surplus ... legalize private growing and legal sales.

Why not.
What could be worse.
Oh, coughing-up Billions and Bailing-out GM.
Let's make a deal.
You legalize Pot.
I'll buy a Chevy.

[billstewart]

Dude, of course marijuana's a drug - that's why you and I smoke the stuff. It shouldn't be illegal, and it won't kill you, but many people do have trouble handling it, either because their own body chemistry can't take it or because they find they like being stoned all the time or because they've got other problems in their lives that being stoned lets them avoid. Some of them need counseling, just like some alcoholics do, even though they're not getting physically addicted the way heroin or tobacco users do. And some people who have other mental problems self-medicate with mj or alcohol, but they'd be better off with less crude anti-depressants or lithium or something.
On the other hand, some of us do enjoy the stuff, and have enough sense not to overuse it or use it when they need to be sober later, and yeah, counseling won't make me not like it.

[Truby]

Even if smoking a drug will lead you to an early death, it is a free country. Unless my actions will endanger others, it is my right to engage in them unhindered.

[TRYKER]

It is high time for the lobbyists for Prison Industries to be firmly blocked from ANY influence on any lawmakers. They get in there and push for these draconian laws and their stock goes up on Wall Street. Another way that Wall Street is responsible for more disruption of our society.

[Dukedraven]

These drug laws probably caused more harm to inner city families than domestic programs. It's nice to see you using your public profile for true social causes than Republican spiel, Russell. Please keep up the good work. Peace always