As of yesterday, the NYTimes has reported, the punitive Rockefeller Drug Laws have finally gotten the requisite votes to be repealed:
The deal would repeal many of the mandatory minimum prison sentences now in place for lower-level drug felons, giving judges the authority to send first-time nonviolent offenders to treatment instead of prison.
The plan would also expand drug treatment programs and widen the reach of drug courts at a cost of at least $50 million.
This is great news for New York, particularly the move to expand drug treatment programs and widen the reach of drug courts. Although there will be some up-front costs, the savings to the court system, the prisons and the community will be immeasurable.
The Rockefeller Drug Laws strip judges of their discretion, requiring they give 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. Under this system, prosecutors, not judges, control the process.
-mj-
Posted by: adolescent drug treatment | May 04, 2009 at 06:00 AM
If we want to understand the perseverance of the Rockefeller Drug Laws, it may suit us to ask entirely different questions. If they haven’t reduced crime or mitigated the crippling burden of drug addiction, what have they accomplished? Here, history teaches that these laws were never a reasoned strategy to address drug abuse. Instead, they were the result of a particular historical moment, a politically expedient, emotional declaration by Governor Rockefeller in the midst of mass social upheaval and growing heroin addiction.
-jomie-
Posted by: California drug rehab center | August 03, 2009 at 01:21 AM
But as many other states moved to roll back the mandatory minimum sentences in recent years, New York kept its laws on the books, leaving prosecutors with the sole discretion of whether offenders could be sent to treatment.
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Posted by: Shawn | August 11, 2010 at 07:26 PM
What do these changes mean for drug and criminal justice policy in New York and the nation? This is the key question facing advocates around the
country today.
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