Bruno and Silver Announce Agreement on
Partial Rockefeller Drug Law Reform

Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver today announced a bipartisan legislative agreement to reform sentencing provisions of the state's Rockefeller drug laws.

"This bill achieves a goal to reform the state's outdated Rockefeller Drug Laws by addressing first-time, nonviolent drug offenders who have received unfairly lengthy prison sentences under the old laws. It emphasizes drug treatment and other prison alternatives and allows for resentencing of people still in prison for low-level drug crimes, while toughening sanctions against violent drug offenders," said Bruno.

"For more than five years, the Assembly has led the way in the fight for meaningful drug law reforms, including sentencing modifications, greater judicial discretion and more treatment options for addicted offenders," said Silver. "The Assembly Majority recognizes that this measure will provide appropriate sentencing reductions for thousands of non-violent offenders. While this agreement is an important step in the right direction, it is not the complete and comprehensive solution we had sought and will continue to seek in the next legislative session."

"Thousands of hours have been spent over the past few years to reach agreement on reforming our drug laws and I believe that this agreement is a fair compromise for all parties that have been involved in this important public policy matter," Senator Dale M. Volker, Chairman of the Senate Committee on Civil and Criminal Codes said. "We have been improving upon our drug laws since the 1980's and have reformed them over 12 times. This new drug law reform package is fair for those incarcerated under the most severe sentences under the Rockefeller drugs laws, gives the judiciary a say in future sentences for those convicted of drug crimes, and still appropriately protects our law-abiding New Yorkers who want their communities free from those who prey upon our families, our children, and our communities."

"This agreement will provide hope to hundreds of incarcerated drug offenders who will now be able to seek judicial resentencing in accordance with the sentencing changes called for under this legislation and also allow thousands of additional currently incarcerated offenders to earn additional time off their sentences by using their prison time productively," said Assembly Corrections Committee Chair Jeffrion Aubry. "While I firmly believe that full judicial discretion and treatment as an alternative to prison would be the best options, for right now this is substantial progress."

"The Criminal Justice Conference Committee has worked many hours, days and weeks to develop fair and complete Rockefeller Reform measures that will modernize and enhance New York's drug laws," Senator Michael F. Nozzolio, Chairman of the Senate Committee on Crime Victims, Crime and Corrections, said.

"These sentencing changes provide a more reasonable approach to dealing with drug offenders in New York State," said Assembly Codes Committee Chair Joseph Lentol. "Most notably, we are also reducing sentences and eliminating the possibility that first-time, non-violent offenders may face life imprisonment. We are also changing the current indefinite sentencing system to a definite system. We need to continue to work, however, to implement other measures including provisions of the Assembly bill which would enhance penalties for "drug kingpins" and drug dealers who use guns."

Bruno and Silver noted that the state's Rockefeller drug laws, enacted in the 1970s, have led to an increased number of non-violent drug offenders in our state's prison system. Through the years studies have shown drug treatment much more effective, both in terms of recidivism and costs, and that the millions of dollars used to imprison non-violent drug offenders could be put to better use.

Under the legislation (S.7802/A.11895), the current indeterminate sentencing system would be changed to a determinate sentencing system, which would provide lower sentences for non-violent drug offenders. Specific changes include:

• Sentences for certain non-violent, A-1 felony offenders would be reduced from 15-to-25 years to life to eight-to-20 years;

• Current life maximum sentences for A-1 and A-II felons would be eliminated and replaced with determinate sentences;

• Sentences for most non-violent first offenders and offenders with prior non-violent felony convictions would decline moderately.

• Sentences for some classes of drug offenders with prior violent felony convictions would increase.

The agreement also provides for possible retroactive sentencing relief for roughly 400 inmates. Under the bill, A-1 felony offenders serving sentences of 15-to-25 years to life would be eligible to apply to their sentencing courts for a conversion of their sentence to a new term consistent with these reforms. A denial of resentencing or an excessive resentencing term could be appealed by the offender to the appellate division on the grounds that the denial of resentencing or the resentencing term was harsh and excessive.

Another major reform under the measure would provide offenders easier access to the state's Comprehensive Alcohol and Substance Abuse Treatment Program (CASAT). Under the bill, CASAT would now be available to offenders earlier in their sentence and judges would also be given the discretion to make such placements. Offenders placed in CASAT by the courts, however, would be subject to all of the usual rules and requirements imposed on other CASAT offenders by the state corrections department.

Another key provision of the agreement would double the weight thresholds for A-1 and A-II heroin or cocaine possession crimes from four to eight ounces for A-1 felonies and from two to four ounces for A-II felonies. Weight thresholds for sale and attempted sale crimes would not be changed. Weight thresholds for possessing other drugs and at other felony levels would also not be changed.