New York Drug Law Reform Eases Sentencing and Expands Treatment

By Meghan O’Dell

In April 2009, the draconian Rockefeller Drugs Laws of New York were reformed in an attempt to advance a public health and safety approach to drug policy, which will reduce sentences for nonviolent drug offenders and allow judges to place offenders in drug treatment programs rather than in prison. The legislation will also allow thousands of prisoners jailed for nonviolent drug offenses to have their sentences reduced or commuted.

Under the old system, signed into law by Nelson Rockefeller in 1973, the penalty for selling two ounces or more of heroin, morphine, raw opium, cocaine, or cannabis (including marijuana) was equal to the penalty for second-degree murder: a minimum of 15 years to life in prison, and a maximum of 25 years to life. This applied even to offenders with no prior convictions. These strict, oppressive laws gave New York the distinction of having the toughest laws of its kind in the entire nation.

However, the Rockefeller laws have been proven to be unsuccessful and incredibly controversial, especially since they have disproportionately targeted minorities. Many believe that the criminal justice approach to drug use and abuse has failed, and that the Rockefeller laws in particular have promoted institutionalized racism, failed to reduce drug abuse, contributed to mass incarceration, and wasted taxpayer dollars. About 12,000 people are in prison on drug-related charges in New York; in 2008, more than 5,000 people were incarcerated for nonviolent drug offenses.

Many citizens, including Rep. Jeffrion Aubrey (D-Queens), believe that these people should be getting treatment for addiction rather than sitting behind bars. “Think of all the resources that have been spent on locking up nonviolent drug offenders that could have been invested in the education, rehabilitation, and job training that can save lives,” Aubrey said. “Treatment programs in New York city have a ten percent recidivism rate for participants one year after completion, compared to 60 to 70 percent for those not in programs. Treatment works.”

In his first State of the State address in January 2009, New York State Governor David Paterson said, “I can’t think of a criminal justice strategy that has been more unsuccessful than the Rockefeller drug laws.” Just three months later, he signed the reform bill into law. “This is a proud day for me and so many of my colleagues who have fought for so long to overhaul the drug laws and restore judicial discretion in narcotics cases,” Paterson said at Elmcor Youth and Adult Activities, Inc., a drug treatment center.

In addition to eliminating mandatory minimums, returning judicial discretion in most drug cases, and reforming sentences, the legislation will expand drug treatment programs, giving offenders alternatives to incarceration and helping them recover. Offenders who are not addicted but who sell drugs will still be sent to prison, but they won’t be subject to the harsh mandatory minimums of old.