Change We Can Believe In

NY's OCKEFELLER DRUG LAW REFORM TAKES EFFECT

Jail for Drug Offenses Is No Longer Mandatory in New York: Judges Can
Send People Suffering From Addiction into a Range of Programs, Such
As Treatment and Mental Health Services.

This week, two essential components of Rockefeller Drug Law reform go
into effect: restoration of judicial discretion and resentencing
eligibility for some people currently incarcerated under the failed
laws. The enactment of these hard-won reforms signals a major shift in
New York's approach to drug abuse and dependency.

By restoring discretion, incarceration for drug offenses is no longer
mandatory: judges once more have the ability to send individuals
suffering from addiction into a range of programs, such as treatment
and mental health services. In addition, nearly 1,500 people currently
incarcerated under the old laws for low-level, nonviolent drug
offenses can now petition the court for resentencing. If approved by a
judge, many of these people will finally be released.

Enacted in 1973, the Rockefeller Drug Laws mandated extremely harsh
mandatory minimum prison terms for possession or sale of relatively
small amounts of drugs. Although intended to target "kingpins," most
of the people incarcerated under the laws were convicted of low-level,
nonviolent offenses. Many had no prior criminal records. The laws
marked an unprecedented shift towards addressing drug abuse and
dependency through the criminal justice system, instead of through
health-oriented systems. Unfortunately, the Rockefeller Drug Laws
became the template for implementing the nation's drug war.

At a ceremony this week marking enactment of the reforms, Gov. David
Paterson noted that the Rockefeller Drug Laws were an utter failure.
"Families were broken, money was wasted and we continued to wrestle
with the statewide drug problem," he said.

And he's right. New York spends more than $525 million per year to
incarcerate people for drug offenses - 66% have never been to prison
before, and 80% have never been convicted of a violent felony. It
costs approximately $45,000 to incarcerate a person for one year inNew
York, while treatment costs an average of $15,000 per year and is
proven to be 15 times more effective at reducingcrime and recidivism.
What's more, the laws have led to extraordinary racial disparities in
the state's criminal justice system. Studies show that rates of
addiction, illicit drug use and sales are approximately equal among
racial groups. But while blacks and Latinos make up only 34% ofNew
YorkState's population, they comprise nearly 90% of those currently
incarcerated for drug felonies. This is one of the highest levels of
racial disparities in the nation, and is widely considered a human
rights disgrace.

Since passage of the reforms, advocates and legal and human service
providers have prepared for implementation. They've focused first on
resentencing and community reentry for thousands of people who have
served long, inhumane prison sentences for low-level, nonviolent drug
offenses. Legal aid and public defender agencies notified incarcerated
people of their eligibility for resentencing, while hundreds of human
agencies around the state have volunteered to provide support to those
released from prison under the new laws. InNew York Cityalone, more
than 100 human service agencies have agreed to provide housing, job
training, drug treatment, and more to people returning from
prison--even before funding has been allocated for these services.
These are just a few examples of the broad-based commitment, across
multiple sectors, to make Rockefeller reform work.

Shreya Mandal, a mitigation specialist with the Legal Aid Society in
New York City, is coordinating reentry plans for dozens of currently
incarcerated people. As a social worker and lawyer, she understands
the challenges and opportunities resulting from these historic
changes. "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 both addiction and a
harsh and racist sentencing scheme," she said.

The Rockefeller Drug Laws have come to represent the failures of the
U.S. war on drugs -policies which are ineffective, racist, wasteful
and unjust. With a shift to a health-oriented approach, New York could
become a model for new direction in drug policies, based in science,
compassion, health and human rights. Now that's change to believe in.