Real reform of state’s ineffective drug laws
Since being elected to the Assembly in 1992, Assemblyman Aubry has been the leading advocate for
reform of the Rockefeller Drug Laws based on the fact that the drug laws failed to effectively
combat violent crime or drug use. Thanks to his leadership, in 2004, the state began rethinking
these rigid laws based on the reality that drug addiction is a disease, for which there are more
effective, more compassionate, less costly alternatives to incarceration. The limited reforms
put in place then have already saved the state nearly $100 million.
This year, Assemblyman Aubry was instrumental in crafting a state budget that includes
significant reform of the outdated Rockefeller Drug Laws, making the criminal justice system
more effective and fair. The reforms:
- restore judicial discretion to allow for more appropriate sentences for low-level,
non-violent drug offenders, including treatment as a potential alternative to incarceration
- expand substance abuse treatment programs
- increase eligibility for shock incarceration — a boot camp-style program that fosters
involvement, self-direction and individual responsibility
- provide opportunities for non-violent persons incarcerated under the Rockefeller Drug
Laws to apply for resentencing
Treatment and rehabilitation initiatives offer certain lower level offenders a second chance and
better opportunities to become successful and productive members of the community. Assemblyman
Aubry recognizes these strategies can be far more effective than incarceration at combating
substance abuse and the street-level crime associated with it. This smarter approach will also
save taxpayers hundreds of millions of dollars.
“The failed Rockefeller Drug Laws have unfairly targeted minorities and cost the state hundreds
of million of dollars. These reforms are a giant step forward—no longer will drug addiction be
seen solely as a criminal matter, but a public health matter as well. These reforms establish a
more just and effective drug policy in the state, while continuing severe punishment for violent
offenders, drug kingpins and those who sell drugs to children.”
Assemblyman Jeffrion L. Aubry
“After 35 years of filling the state’s prisons with drug offenders who needed treatment and disproportionately punishing poor and minority offenders, New York is on the verge of dismantling its infamous Rockefeller drug laws.”
The New York Times, March 9, 2009
“This legislation recognizes the critically important need to provide for judicial discretion –
a common sense criminal justice reform that will lead to additional drug treatment opportunities
for non-violent drug offenders, saving taxpayers millions of dollars currently being wasted on
ineffective and unduly harsh prison sentences.”
Bernice K. Leber, president, New York State Bar Association
“The simple fact is that these laws have not succeeded in reducing drug use, and instead have
greatly damaged our communities and society. We applaud the Governor and Legislature for
recognizing this reality. In these difficult financial times, reforming the drug laws will also
benefit New York by saving over a quarter billion dollars a year when fully implemented.”
Anita Marton, vice president, Legal Action Center
Dear Neighbor:
Thirty-five years ago, New York enacted the harshest drug laws in the nation. At that time,
many mistakenly believed the only way to combat drug abuse and reduce violent crime was to
impose high maximum and mandatory minimum prison sentences. Judges in many cases had no choice
but to sentence non-violent, lower-level drug offenders to prison. Further, the drug laws had a
disproportionate impact on minority communities, which were unfairly targeted.
Most importantly, those laws failed to curb drug abuse, and so I fought to reform the
Rockefeller Drug Laws in the recently enacted state budget. In these tough economic times,
instead of spending hundreds of millions of dollars each year imprisoning non-violent drug
offenders, some of this money will now be used more effectively for treatment, education and job
creation in our communities.
Sincerely,
Jeffrion L. Aubry
Member of Assembly
Assemblyman
Jeffrion L. Aubry
District Office:
98-09 Northern Boulevard, Corona, NY 11368
718-457-3615 • Fax: 718-457-3640
Albany Office:
Room 526 LOB, Albany, NY 12248
518-455-4561 • Fax: 518-455-4565
aubryj@assembly.state.ny.us