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GOVERNOR PATERSON AND LEGISLATIVE LEADERS ANNOUNCE THREE-WAY AGREEMENT TO REFORM NEW YORK STATE’S ROCKEFELLER DRUG LAWS Sweeping Reform Ends Harsh Sentences for Non-violent Addicts
Focuses on Treatment Rather than Punishment to End the Cycle of Addiction
Governor David A. Paterson, Senate
Majority Leader Malcolm A. Smith and Assembly Speaker Sheldon Silver
today announced a three-way agreement calling for sweeping reform of
the State’s Rockefeller Drug Laws. The agreement eliminates the harsh
sentences that the Rockefeller Drug Laws mandated by giving judges
total authority to divert non-violent addicts to treatment and greatly
expanding drug treatment programs. The agreement strikes a careful and
appropriate balance to ensure that non-violent addicted offenders get
the treatment they need while predatory kingpins get the punishment
they deserve. 
“I have been fighting to overhaul the drug
laws and restore judicial discretion in narcotics cases since I began
my career in public service as a State Senator nearly a quarter-century
ago,” Governor Paterson said. “As a resident and representative of
Harlem, I saw first-hand the devastating effect that drugs have on our
communities, and the devastating effect that ill-considered drug laws
and drug policies have had on individuals, families and neighborhoods.”
The Governor added: “I have seen too many
lives destroyed by outrageously harsh and ineffective mandatory
sentencing laws, and I have also seen too many lives ruined by
despicable dealers who prey on the vulnerabilities and addictions of
others. I believe this agreement strikes the right balance, and I urge
the Legislature to enact it immediately, before more lives and
communities are needlessly destroyed.”
Senate Majority Leader Smith said: “Today
marks the beginning of a new era for New York’s sentencing laws.
Rockefeller Drug Law reform will reverse years of ineffective criminal
laws, protect communities and save taxpayers millions of dollars that
were wasted on the current policy. With more money going toward
treatment instead of costly imprisonment, our State will finally have a
smarter policy, giving families a fighting chance in the war on drugs.”
Assembly Speaker Silver said: “Long before
we had partners in either the Executive or in the Senate, the Assembly
Majority was fighting for real reform of the Rockefeller Drug Laws.
With this legislation, we have taken, at long last, a giant leap in
establishing a more just, a more humane and a more effective drug
policy in the State of New York. No longer will drug use and addiction
be considered solely a criminal matter in this State, but a public
health matter as well. This legislation recognizes that drug addiction
is a disease which calls out for treatment rather than incarceration. I
commend the tenacity and the dedication of my colleagues and the
leadership of Assemblymembers Aubry, Lentol and Weinstein for their
unyielding commitment to this issue.”
Senator Ruth Hassell-Thompson said:
“Today, the Governor and the Legislature have agreed on a major change
in public policy. We have created a balanced approach to drug addiction
and crime. Our ability to reduce the flow of drugs in our communities
is dependent on our ability to reduce the demand. We are now shifting
resources to treat drug addiction as a medical problem. By diverting
addicts to drug treatment courts, we believe we can get people off
drugs and thereby reduce the demand for them. Study after study shows
that our policies will make our communities safer and save the
taxpayers millions of dollars. Today, we begin anew, offering offenders
an opportunity to receive treatment, while maintaining that the safety
and security of our neighborhoods, cities, and State remains paramount.”
Senator John L. Sampson said: “This is a
promise made, and a promise kept. The Rockefeller Drug Laws have
decimated communities and destroyed lives. Our Democratic conference
said that once in the Majority we would be instrumental in making
changes that positively impact all people across our State. Taking on
this issue in our first year as the Majority shows the people that the
Senate is serious and will not back down from the big issues. Reforms
we made in 2004 were just a down payment, we’ve now paid off the
mortgage. So I congratulate the Governor and members of the Assembly. I
also congratulate my colleagues, Senators Schneiderman and
Hassell-Thompson, who along with myself, were at the table and the
forefront of the push to reform the Rockefeller Drug Laws.”
Senator Eric T. Schneiderman said: “This
legislation delivers a big dose of sanity to our State’s sentencing
practices. It will make our communities safer, save money and, most
importantly, save lives. Thousands of people from every corner of this
State will benefit from these reforms. Today NewYork chooses treatment
over incarceration—30 years is enough.”
Assemblyman Jeffrion L. Aubry said: “My
Assembly colleagues and I continue in our pledge not to give up our
fight for greater reform of New York State’s ineffective and imprudent
drug laws. While today’s agreement brings us closer to our goal, we
recognize the need to do more. We will continue to work with our
partners to completely reform the Rockefeller Drug Laws.”
Assemblyman Joseph R. Lentol said:
“Thirty-six years ago I voted against the enactment of the Rockefeller
Drug Laws. It was clear to me that simply locking drug offenders away
without treatment would not be effective. I am pleased that we are
finally towards turning this travesty around and judges will once again
have more of the discretion they need.”
Assemblywoman Helene E. Weinstein said:
“Judicial discretion has always been one of the core principles for
which the Assembly has fought. With the expansion of drug courts and
other options to treat addicts, we are moving toward dealing with the
underlying problems of drug offenders – giving them the opportunity to
get treatment and reduce recidivism in New York.”
The agreement will give judges the
discretion to divert non-violent drug addicted individuals to treatment
alternatives that are shown to be far more successful than prison in
ending the cycle of addiction. Crucially, it also commits tens of
millions of dollars to existing and new treatment programs.
“It makes no sense to give judges the
authority to place non-violent addicted offenders into treatment if
there is nowhere to treat them,” Governor Paterson said. “We must not
only overhaul the drug laws, but also provide an infrastructure to
ensure that we successfully rehabilitate those who are addicted.”
There are three significant pieces of the
agreement. First, it creates a drug treatment program to be
administered by drug court judges.
- Under this program, judges will have
discretion to place addicted first and second-time drug offenders into
judicially-approved alcohol and substance abuse treatment – over the
objectionsof prosecutors.
- This agreement also recognizes that
drug-addicted persons often commit other crimes, such as property and
theft offenses. This agreement will make treatment available to these
non-violent addicted offenders who commit these offenses.
- The agreement maximizes an addicted
offender’s chance of success in overcoming addiction, by relying on New
York’s highly successful drug courts to administer the new treatment
model. Drug courts use specially-trained judges who build relationships
with offenders, closely monitor their progress and reward their
successes. They are also staffed with case managers and vocational and
employment specialists to assist offenders in obtaining education and
jobs.
- For the first time, the agreement
gives judges the authority to dismiss all charges or seal the arrest
and conviction records of offenders who successfully complete a
judicially-sanctioned treatment program. It also gives judges complete
discretion to determine an appropriate penalty for those offenders who
are unable to succeed in the treatment program.
- The agreement recognizes that relapses
are often part of recovery from long-term drug addiction. It would
require judges to consider whether a non-incarceratory remedy, such as
heightened supervision or more frequent testing and treatment, could
effectively be used if an offender under court supervision suffers a
relapse.
- The agreement vastly expands the
availability of drug treatment programs and commits tens of millions of
dollars to inpatient treatment programs, outpatient treatment programs
and community residential facilities.
- Recognizing that some offenders may
require more supervision than can be provided through community-based
drug treatment programs, the agreement expands the use of programs such
as the “shock” incarceration program and the Willard drug treatment
program, to give judges additional sentencing options for these
offenders.
- The agreement also permits the State
Division of Parole to discharge early from continued parole supervision
those drug offenders who have demonstrated success and rehabilitation
while serving a term of post-release supervision.
Second, the agreement relieves new
offenders from some of the old Rockefeller Drug Law’s mandatory
sentencing provisions and provides additional relief to offenders who
remain incarcerated under the old laws.
- The agreement eliminates mandatory
State prison sentences for first-time class B felony drug offenders and
second-time non-violent class C, D and E drug offenders, making them
eligible for a term of probation that could also include drug
treatment, or a local jail sentence.
- The agreement permits class B drug
felons who meet eligibility criteria and who are currently serving
Rockefeller Drug Law sentences to enter the six-month shock
incarceration program when they are within three years of release. If
successful, they would be entitled to early release from prison.
- The agreement also requires the Board
of Parole to consider current, lower sentencing ranges when deciding
whether to release a class B drug offender to parole supervision.
Third, the agreement ensures that
offenders who are not addicted, but who profit from the addictions of
others, are appropriately sentenced to State prison.
- The Governor believes that law
enforcement should target drug kingpins instead of low-level drug users
and his agreement creates a new drug “kingpin” offense that targets
organized drug traffickers who profit from and prey on drug users.
- The agreement also creates new crimes
to ensure that adults who sell drugs to children are appropriately
required to serve time in State prison.
- Finally, the agreement retains
mandatory prison sentences for class B predicate drug offenders, but
allows judges to impose lower prison terms that are similar to those in
other states.
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