Real Rockefeller Drug Law Reform Now

New Yorkers favor the reforms in the Assembly's version of Rockefeller Drug Law Reform. Governor Pataki, are you listening?

Sample Letter for Campaign

Subject: Gov. Pataki: Say 'Yes' to the Assembly's Reform Plan

Dear [ Decision Maker ] ,

You gave your word this year that you would reform New York's infamous Rockefeller mandatory drug sentencing laws, but families and children are still suffering under them. I support Assembly Bill A.888 because it permits judges to give out appropriate sentences, expands diversion of addicted non-violent drug offenders into community-based treatment, saves millions of taxpayer dollars, offers the possibility of sentencing relief to those currently incarcerated under the Rockefeller drug laws, and allots money for drug treatment outside of prison. Please do the right thing and endorse reform - that makes the criminal justice system in New York more effective, saves money, and brings families back together.

Sincerely,

Campaign Launched:
March 20, 2002

Background Information

We now have an unprecedented opportunity to produce real reform in New York's draconian Rockefeller drug laws. This legislative session gives Governor Pataki the opportunity to make good on his promise of meaningful reform of these laws, which are among the harshest mandatory minimum drug laws in the nation. Critics say the Rockefeller drug laws are draconian and discriminatory. Despite research demonstrating that drug use levels are roughly the same across all demographic groups, Latinos and African-Americans account for 94% of non-violent drug offenders incarcerated in the state.

The bill currently proposed by the governor does not restore measured discretion to judges in sentencing non-violent drug offenders and diverting those who are appropriate to community-based drug treatment. The state's Chief Judge, bar groups, policy experts, religious leaders - even state legislators who championed the Rockefeller drug laws more than two decades ago - have advocated for this reform. In addition, the Governor' proposalwould only offer the possibility for a fraction of those currently incarcerated under the Rockefeller drug laws to seek sentence reduction.

The Governor's proposal also leaves intact the harshest aspect of the Rockefeller-era law: mandatory minimum life sentences for first time offenders, including those who possess a narcotic substance weighing 2 ounces or more, or sell or attempt to sell a half ounce or more. In addition, his program bill dramatically increases sentences for nearly a dozen offenses involving the possession or sale of marijuana.

Another point of comparison for the two bills is in reference to the expansion of funding for drug abuse treatment programs to accommodate offenders appropriate for diversion from prison. Whereas the Assembly bill allocates $120 million for drug treatment, the Governor' plan does not propose the creation of additional treatment capacity, nor does it allocate additional funds for treatment services.

It is time for reform. We must put pressure on Gov. Pataki to pass Assembly Bill A.888 this year. This is an important first step in the process of "right-sizing" New York' criminal justice system.