NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1297
SPONSOR: Meeks (MS) TITLE OF BILL:
An act to amend the penal law, the criminal procedure law and the
correction law, in relation to eliminating mandatory minimums; to amend
the sentencing reform act of 1995, in relation to the effectiveness
thereof; to amend chapter 339 of the laws of 1972, amending the
correction law and the penal law relating to inmate work release,
furlough and leave, in relation to the effectiveness thereof; to amend
chapter 435 of the laws of 1997, amending the military law and other
laws relating to various provisions, in relation to the effectiveness
thereof; to amend part E of chapter 62 of the laws of 2003, amending the
correction law and other laws relating to various provisions, in
relation to the effectiveness thereof; and to repeal certain provisions
of the penal law, the criminal procedure law and the correction law
relating thereto
PURPOSE:
The purpose of this bill is to eliminate mandatory minimum sentencing in
New York State.
SUMMARY OF PROVISIONS:
Section 1 Title of the bill.
Section 2. Amends subdivision 6 of section 1.05 of the penal law, as
amended by chapter 98 of the laws of 2006.
Section 3. Amends section 380.20 of the criminal procedure law is
amended to read as follows: 380.20 sentence required.
Section 4. Amends paragraph (a) of subdivision 3 of section 390.30 of
the criminal procedure law, as added by chapter 14 of the laws of 1985.
JUSTIFICATION:
A vestige of the 1970's era Rockefeller Drug Laws, New York's harsh
mandatory minimum sentences contribute to mass incarceration and unjust
case outcomes. Right now, over 30,000 people are incarcerated in New
York's prisons. Nearly 75% are Black or brown. In 2019 alone, over 9,000
people were subjected to a two- or three-strikes law. Three-quarters
were people. of color, according to the Vera Institute of Justice. More
than 105,000 children have a parent serving time in a New York jail or
prison, which devastates families, and increases the likelihood of a
child's future incarceration. It costs nearly $70,000 per year to incar-
cerate a person in state prison with an annual prison system price tag
of $3 billion. These are billions of dollars New York State could spend
on education, housing, healthcare, community-based antiviolence and
restorative justice programs -- all of which help to create real commu-
nity safety. Survivors overwhelmingly prefer investments in the communi-
ty to lengthy prison sentences, by a factor of 15 to 1. Under New York's
current draconian sentencing laws, 98% of convictions in our state are
the result of guilty pleas-not trials-which undermines the constitu-
tional right to trial.
In New York State, 98% of convictions are the result of plea deals.
Mandatory minimums are a significant part of what has created this
system of pleas whereby New Yorkers forfeit their constitutional right
to trial and most people are convicted without a chance to mount a mean-
ingful defense. By requiring a judge to hand down a minimum prison
sentence based on the charges levied by a prosecutor, mandatory
sentences transfer sentencing power from judges to prosecutors and give
them unfair and overwhelming leverage in plea negotiations. Prosecutors
frequently threaten to bring charges carrying long mandatory minimum
sentences to scare the accused person into pleading guilty in exchange
for a reduced sentence.
This legislation would eliminate mandatory minimum sentences-including
New York's two-and three-strike laws allowing judges to consider the
individual factors in a case. In doing so, the Eliminate Mandatory Mini-
mums Act will finally undo the harm of the Rockefeller Drug Law era.
This legislation would also create a presumption against incarceration,
requiring a hearing before any period of incarceration can be imposed
and re-orienting the system towards healing and accountability and away
from purely punitive prison sentences.
LEGISLATIVE HISTORY:
A9166 of 21-22: Referred to codes
A2036B of 23-24: Referred to codes
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
