NY Drug Laws: Rockefeller's Rocky Road
While many are praising the recent reform of the Rockefeller drug laws, many more are not. Although the reform bill will reduce the most severe mandatory sentences for drug offenses, according to data from the New York State Department of Correctional Services, the reform change will affect only 446 prisoners, while 15,600 felons imprisoned under the drug law will remain imprisoned. Even with the proposed revisions, New York still has the harshest drug-sentencing laws in the country. According to Donna Lieberman, executive director of the New York Civil Liberties Union, "Absent structural changes to the Rockefeller Drug Laws -- which requires restoring to judges the authority to order treatment as an alternative to sentencing -- we will not have meaningful reform." According to the NYCLU the new law will leave in place sentencing procedures that give prosecutors authority to charge and sentence. Judges have no discretion over sentencing. Prosecutors can demand a sentence of 10 years for an addict with no criminal record who is induced by a dealer to deliver four ounces of a drug to a buyer. A judge who believes justice -- and the public interest -- are better served by ordering the defendant into treatment instead of prison is prevented from doing so. Even if the judge had the discretion to choose treatment, nowhere in the reform bill is there funding for drug treatment programs. The new law will also do little or nothing to reform the harsh sentences imposed on B felons, those charged with lesser drug offenses, the NYCLU said. [more]