Assembly Continues Fight For
Further Rockefeller Drug Law Reforms

House Passes Bill Expanding Drug Treatment;
Judicial Discretion; Increasing Penalties For 'Kingpins'

Marking the 33rd anniversary of the enactment of New York State's overly harsh Rockefeller Drug Laws, Speaker Sheldon Silver, Correction Committee Chair Jeffrion Aubry and Codes Committee Chair Joseph Lentol today announced Assembly passage of legislation that would make our state's drug laws smarter and more effective.

Saying Rockefeller Drug Law reform "is not done," Silver, Aubry and Lentol were joined at a Capitol news conference by key Assembly committee chairs, including Judiciary Chair Helene Weinstein and Alcoholism and Drug Abuse Chair Jeffrey Dinowitz, as well as Albany County District Attorney David Soares and other drug law reform advocates.

According to Silver, the Assembly legislation (A.8098A) seeks to "reduce drug-related crime by addressing the substance abuse that often lies at the core of criminal behavior." The bill would accomplish this goal by mandating certain drug offenders receive treatment and expanding judicial discretion to moderate the toughest sentences. In addition, Silver noted, the bill would increase sentences for major drug traffickers and drug offenders who prey on children. The measure also creates the new crime of possession of a firearm while selling or attempting to sell drugs.

Silver and Aubry noted that while an important first step was made in 2004 to moderate the harshest sentences under the state's drug laws, more needs to be done. The two noted that despite previous pledges by the executive and the Senate to continue working on this issue, no bills have been introduced this year to demonstrate that commitment.

"This bill provides for the kind of judicial and correctional reforms the Assembly has been seeking for years and that are at the heart of any effort to curb addiction and drug-related crimes," said Silver. "Our smart, comprehensive approach seeks to get to the root of our state's drug problem by hitting the drug kingpins hard, and getting the low-level, non violent offenders the treatment they need to get off and stay off drugs."

"Despite a commitment made two years ago by the governor and the Senate to revisit New York's ineffective and imprudent drug laws, they have failed to come forward with any further steps that would provide additional reforms," said Aubry. "We in the Assembly continue to recognize that existing laws are badly flawed and in need of further changes. My bill fulfills our commitment by providing for a more sensible, comprehensive and cost-effective approach for dealing with low-level drug offenders and addicts."

"We must continue to develop drug policies that protect our citizenry by fashioning fair penalties and mandating improved and effective treatment strategies," said Lentol.

"Judicial discretion is an essential component of real drug law reform," said Weinstein. "Without question, society will be best served by allowing judges to move non-violent offenders to drug treatment. Indeed, with judicial discretion and the establishment of drug courts we are moving toward dealing with the underlying problems of many drug offenders - giving them the opportunity to get treatment and reducing recidivism in New York."

"Treatment for substance abuse will make a difference in the lives of thousands of New Yorkers and their families and save the state millions of dollars," said Assemblyman Jeffrey Dinowitz, chair of the Alcoholism and Drug Abuse Committee. "This bill will make a real difference in the lives of those whose criminal activities are driven by their addiction and ultimately lead to more productive taxpayers and citizens."

"This proposal is fair, effective and cost-efficient," said Assemblyman Peter Rivera, chair of the Assembly Puerto Rican/Hispanic Task Force. "By expanding needed drug-treatment options, we are placing a greater emphasis on rehabilitation and, in the long run, this bill will result in significant financial savings for New York State."

"Having finally achieved some success in tempering the state's Rockefeller Drug Laws two years ago, we are faced with the challenge of continuing this important work. However, despite our efforts, families continue to suffer and offenders are not receiving treatment that will help them turn their lives around. More needs to be done," said Assemblyman Adriano Espaillat, chair of the Black, Puerto Rican, Hispanic and Asian Legislative Caucus.

"I commend Speaker Silver and Assemblyman Jeff Aubry for their leadership on this issue and endorse this legislation," said Albany County District Attorney David Soares. "As in every district attorney office in this state, we uphold the present drug laws. At the same time, it is clear that new smart and tough initiatives are needed to combat illegal drugs and that components need to be added to present law in order to create more effective law enforcement strategies."

"With this bill, the Assembly takes a significant step forward to achieving real reform," said Gabriel Sayegh, Director, State Organizing and Policy Project of the Drug Policy Alliance. "Despite the recent small changes, the vast majority of people are still serving terribly long and inhumane Rockefeller sentences. It's time to walk the talk of real reform, because we're long overdue for justice."

"I am very pleased to support A.8098A, which will complete the important work of reforming New York's drug laws by expanding opportunities for many addicted individuals to be sent to treatment instead of prison. By redressing the terrible injustices caused by the Rockefeller Drug Laws and implementing more effective criminal justice policies, A.8098A will better protect New Yorkers, reduce crime and addiction, promote reintegration and recovery, strengthen and improve our communities and save the state large amounts of money," said Abukarriem Shabazz, Executive Director of Phase: Piggy Back, Inc. in New York City.

Mandating Drug Treatment For Certain Eligible Defendants

The cornerstone of the Assembly plan is an effort to reduce crime rates by ensuring that non-violent offenders complete effective drug treatment.

Under the Assembly plan, prosecutors would get the first chance at deciding whether low-level, non-violent drug offenders would be diverted from prison to drug-treatment programs through the new "Court Approved Drug Abuse Treatment Program." Only after this initial prosecutorial determination had been made would the judge be empowered to make a decision on treatment under the program.

Drug treatment under the new initiative would generally have a minimum one-year term and include time in a residential drug-treatment facility. Those who do not successfully complete treatment would face a felony conviction, which, for repeat offenders, would mean a mandatory state prison sentence. Diversion would not be available for offenders who committed violent felonies or sold or attempted to sell drugs to minors.

Each drug-treatment plan would have to include a drug-testing component. Offenders would generally be subject to probation supervision while receiving drug treatment.

Judges would be given additional discretion to order non-violent offenders to DOCS' Willard drug-treatment facility in Seneca County. Judges would also be given the authority to sentence eligible drug offenders directly to the DOCS-run shock incarceration program. Both options would have to include a drug-treatment component and provide continuing drug treatment upon release from prison. In addition, judges would be given the discretion to sentence additional non-violent offenders who possessed small quantities of narcotics to drug treatment as an alternative to incarceration.

Ensuring the Penalty Fits the Crime

Another important component of the Assembly's proposal would give judges greater discretion to impose appropriate sentences designed to fit the facts and circumstances of each drug-related crime.

The Assembly's sentencing changes would:

• Increase possession thresholds required to meet certain Class A-I and A-II felony sentences from four to eight ounces and two to four ounces, respectively. This change would not be applicable to major drug traffickers;
• Increase possession thresholds for lower level drug possession crimes; and
• Increase penalties for major drug traffickers.

Providing Tougher Sentences for More Dangerous Offenders

The Assembly plan not only increases sentences for major drug traffickers and adult offenders peddling drugs to our children, providing life maximum sentences to drug kingpins, but it also combats the deadly connection between drugs and firearms.

The proposal would impose a mandatory five-year determinate sentence upon offenders who carried a loaded handgun while selling or attempting to sell drugs.

Reforming the Justice System's Approach to Drug Treatment

Drug-treatment programs operated in prisons and in conjunction with the courts, the Division of Parole and probation departments would be reformed and enhanced under the Assembly plan.

The Assembly approach recognizes that enacting and fully funding Chief Judge Judith Kaye's initiative to expand drug courts to every county in the state is key to providing necessary treatment reforms. These drug courts would provide the needed judicial monitoring and infrastructure to assure strict compliance with treatment requirements.

Every inmate on probation, on parole or in a state correctional facility with a documented drug or alcohol-abuse problem would be required to undergo a drug or alcohol- abuse treatment program lasting at least one year. Mandatory tests for drug abuse would be required.

Mandatory drug or alcohol treatment would also be required for appropriate juvenile delinquents and juvenile offenders.

An important goal of the Assembly plan is to make the Willard drug-treatment facility, which is jointly run by the state Department of Correctional Services and Division of Parole, a more effective treatment and crime-reducing tool. Under the plan, judges would be given the discretion to sentence statutorily eligible offenders to the Willard program and participation would be expanded to include non-violent Class "B" and "C" drug offenders. Also, all Willard "graduates" would be required to undergo an additional year-long treatment program following release from the Willard facility. Because transitional services are critical to reducing recidivism, the Assembly plan statutorily establishes these programs.

Another key component of the Assembly's plan strengthens post-release supervision by reducing offender/parole officer caseloads for certain released drug offenders.

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