|
What are the Rockefeller
Drug Laws?
Enacted in 1973 under Governor
Nelson Rockefeller, 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 records.
Currently, there are over 14,000 individuals locked
up for drug offenses in New York State prisons,
representing nearly 22% of the prison population
and costing New Yorkers hundreds of millions of
dollars each year.
Distorting the Judicial System:
The Rockefeller Drug Laws strip judges of their
discretion, forcing them into a "legal straightjacket"
which requires giving people convicted of drug
offenses a mandatory minimum sentence based solely
on the quantity of a drug involved in the offense.
These sentences are mandatory regardless of the
individual's background, character, role in the
offense, and the circumstances of the offense.
Whether the person is a first-time offender, for
instance, is irrelevant.
Since judges cannot take an
individual defendant’s circumstances into
account during sentencing, the only way to receive
a lower sentence is by cooperating with the prosecution.
However, those who are in the best position to
provide detailed information about the drug trade
are those who are the most heavily involved. As
a result, major players are able to bargain for
reduced sentences, while those in low-level positions
often end up serving longer sentences because
they have little or no information to provide
the prosecution.
Preventing effective drug treatment:
The Rockefeller Drug Laws also restrict the ability
of judges to divert people using drugs into treatment,
which has proven to be far more effective and
cheaper than prison at reducing drug use and abuse.
Mandatory minimums also give prosecutors unbalanced
power over how drug offenders are sentenced. Unlike
decisions made by judges, prosecutors' decisions
under mandatory minimum sentencing structures
are not subject to judicial oversight.
On the books for over 30 years,
the racist Rockefeller Drug Laws have failed to
curb drug use or abuse in New York, but have successfully
destroyed thousands of lives while draining the
state of limited tax dollars.
Why are the Rockefeller
Drug Laws called "racist?"
The Rockefeller Drug Laws have
had a terrible impact on all of New York, but
no communities have been more devastated by these
laws than Black and Latina/o communities. In every
major scientific study, drug selling and use are
shown to be approximately equal between races.
Despite that fact, Latinos and blacks make up
over 91% of people convicted of drug law violations
in New York State prisons. There are more blacks
and Latinos entering the prison system for drug
offenses each year than there are graduating from
the entire state university system. This horrendous
racial disparity has been condemned by such international
groups as Human Rights Watch and Physicians for
Human Rights, along with the vast majority of
New York residents.
Haven't the Rockefeller
Drug Laws already been repealed?
No. In December 2004, under pressure
from the Real Reform New York Coalition, the New
York State Legislature passed a bill which made
limited sentencing reforms to the Rockefeller
Drug Laws. The bill, signed by Governor Pataki,
was widely hailed as a small but significant step
forward in the battle for real reform. But it
was not enough. The sentencing reform does not
constitute real reform. Even Republican State
Senator Joseph Bruno said "This is a small
step, but we need to do more." The Rockefeller
Drug Laws continue to stand, and Real
Reform New York continues the movement for
real reform of these failed laws. Real Reform
New York is actively working to further reduce
sentencing, restore judicial discretion, deliver
retroactive sentencing relief, and expand treatment.
Only when significant changes are made to the
Rockefeller Drug Laws in these four areas will
New York have real reform.
What about the Second
Felony Offender Law? Is that part of the Rockefeller
Drug Laws?
Enacted in the same year as the
Rockefeller Drug Laws, the Second Felony Offender
law aggravates the severity of the Rockefeller
Drug Laws. The Second Felony Offender laws mandate
significantly increased sentences for a second
(or subsequent) felony offense, regardless of
whether both felonies were nonviolent drug offenses,
whether the offender was a productive member of
his or her community, or how many years passed
between convictions.
Not surprisingly, together the
Rockefeller Drug Laws and Second Felony Offender
laws have resulted in an enormous expansion of
the prison population. In 1980, 11% of those incarcerated
were drug felons; in 2003 drug felons comprised
38% of the prison population. In that time, the
number of women under custody for drug offenses
in New York State increased - at almost double
the rate of the number of men under custody for
drug offenses. As of January 2007, 2,859 women
were incarcerated in New York State prisons, 33%
(943) of whom were drug offenders. As of January
2007, 21% of male inmates (12,985) were incarcerated
for drug offenses.
More than 70% of these men and
women have never been convicted of a violent felony.
Who is working to change
these laws?
Many people opposed these laws
when they were first passed. In the last ten years,
a vibrant, powerful grassroots movement has fought
for substantive reform. In 2004, the Real Reform
New York Coalition was formed to continue the
struggle for genuine reform. Real Reform New York
is comprised of formerly incarcerated people,
families of people incarcerated under the Rockefeller
Drug Laws, community-based and religious groups,
health professional, lawyers, advocates, treatment
providers, human rights workers, policy experts,
and more. You can find a full list of members
and endorsers by visiting the Real Reform New
York website, www.realreformny.org.
I know someone in prison
under the Rockefeller Drug Laws.
If someone you know is imprisoned
under the Rockefeller Drug Laws, contact the Legal
Aid Society to learn more about how the latest
sentencing reforms impact everyone serving Rockefeller
time. You can reach the Legal
Aid Society at 212.577.3300.
Where can I get more
information about the Rockefeller Drug Laws?
Visit the Real Reform New York
website at www.realreformny.org,
or call 212.613.8060.
I want to fight for real
reform! How can I help?
Join the Real Reform New York
Coalition! Send an email to gsayegh@drugpolicy.org,
or call Gabriel Sayegh at 212.613.8048.
All statistics from
the Correctional
Association of New York. |
