Rockefeller Drug Laws—Where We are Now
After years of advocating for the repeal of the Rockefeller Drug Law (RDL), we welcomed substantive changes to the laws this spring. Changes include: restoration of judicial discretion for most first and second time offenses; $71 million allocated for drug treatment as an alternative to prison, for expansion of drug courts and for in-prison drug treatment; 1,500 of the 12,000 drug law prisoners became eligible for re-sentencing. Two new penalties were added for those who sell drugs to minors under 17 and for leaders of criminal enterprises that gross $75,000 in a given period of time.
Although the victory is significant for JWC and our dedicated criminal justice reform allies who have fought tirelessly for repeal along with the families of RDL prisoners, there is still much work to be done. We will continue to educate and organize the public to call for full repeal and justice in every drug case.
Why is advocacy still needed?
- Mandatory sentencing statutes remain on the books. Therefore low-level drug offenders continue to face lengthy prison terms for drug law violations.
- The weight of the drug on the person arrested is still the sole criterion of guilt. No consideration is given for his/her role in the transaction.
- The "war on drugs" continues to be waged in poor communities of color where drug dealing is usually done on the streets, thus making arrests easier.
- Judicial discretion has been restored in only 50% of the cases
New York State spends $ 525 million annually to incarcerate drug offenders. Treatment has been shown to be most effective in dealing with the disease of addiction and in reducing recidivism and crime, as well as the most cost-effective use of taxpayer's money. We will continue to work in coalitions to underscore the medical and public health approach to addiction and to ensure that taxpayer money is directed into more effective alternatives.
To schedule a presentation on the changes to the Rockefeller Drug Laws,
contact Julie Mormando at jmormando@justiceworks.org or
Rafael Mutis at rafael@justiceworks.org.
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