Rockefeller Laws No More

by Matt Kelley · 2009-04-03 05:48:00 UTC
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The New York State Legislature last night passed a $3.6 trillion budget and it will now await Gov. David Patterson's signature. While I'm no expert in the intricacies of the budget, there's one line in there that I'm celebrating today: the Draconian Rockefeller drug laws will be gone as soon as Patterson signs.

This happened because you spoke up, and lawmakers in Albany learned that they didn't need to appear blindly "tough on crime" to get elected. They knew they weren't spending tax dollars wisely in your name to incarcerate everyone caught with drugs (and especially poor people unable to hire lawyers and investigators and get charges thrown out). Here are the specifics, via Alternet:

The new law eliminates the mandatory minimum of a year in prison for first offenders charged with Class B felonies (sale of up to 1/2 ounce of cocaine or heroin, or possession with intent to sell) and first or second offenders charged with lesser felonies (such as possession of 1/2 gram of cocaine). It also expands drug treatment and other alternatives to incarceration. Second offenders charged with B felonies, who now face an automatic 4 1/2 to 9 years, might be able to get treatment instead of prison if they can prove they're drug-dependent.

On the other hand, the bill retains the mandatory-minimum sentences for all other accused dealers, and only about one-eighth of the state's 13,400 drug prisoners will be able to apply for reduced sentences.

While this measure doesn't fully repeal the laws, and it leaves too many people in prison with no recourse, it is a huge, huge step forward. Like most progress, it doesn't come without its critics. The New York Daily News called the reforms a "Drug Dealer Protection Act." Sen. Joseph Griffo said the reforms were opening a pandora's box and putting drug dealers back on the street.

Opponents of these reforms never seem to admit that we've had the Rockefeller laws for 35 years and our drug problem hasn't gone away. We have 13,400 people in prison for drug crimes and drug users have no problem getting their hands on whatever they want, whenever they want. Supply and price may fluctuate, but illegal drugs won't go away as long as there is demand. Punishment isn't going to solve this problem, and last night New York lawmakers moved to the right side by casting a vote for treatment over prison.

Matt Kelley is the Online Communications Manager at the Innocence Project and a graduate of the Medill School of Journalism at Northwestern University. Follow him on Twitter @mattjkelley.
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