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Reform of Rockefeller Drug
Laws Takes Another Small Step in Right Direction
Thanks to
the incredible support of Alliance members and
allied organizations, who sent hundreds of letters
to the Governor in support of the bill, advocates
for reforming New York's harsh Rockefeller Drug
Laws (RDL) inched a little closer to the ultimate
goal of a full repeal of the laws.
Last night, Governor Pataki signed
a bill into law that will allow an estimated 540
people convicted of drug offenses under the RDLs
to apply for resentencing and possibly leave prison
early. The RDLs give first time nonviolent drug
offenders the same penalties as those convicted
of murder and harsher penalties than those convicted
of rape. Additionally, a staggering 93% of the
16,000 people locked up under the draconian Rockefeller
Drug Laws are black and Latino.
“We took two steps forward
with the reforms in December, and one more step
yesterday,” said Ethan Nadelmann, executive
director of the Drug Policy Alliance. “But
we still have ten steps more to go.”
Last December, Governor Pataki
signed a bill that allowed 446 people serving
over 15 years to life on A1 felonies to petition
for release after serving 8 ½ years. The
new law signed yesterday builds on the December
reforms by allowing people serving 7 years to
life on A2 felonies to petition for release after
serving 3 years.
While advocates and family members
are encouraged by the small reforms, they are
clear that the latest reforms don’t impact
the majority of people behind bars. Most people
in prison on Rockefeller charges are lower-level
or class-B felons and neither this law nor the
changes enacted last year affect them. Moreover,
the people who should have benefited from the
initial reforms still find themselves behind bars
as a result of an unnecessarily difficult resentencing
process. Bill Gibney, a lawyer with the Legal
Aid Society said, “The Governor and Legislature
shouldn’t pat themselves on the back until
they’ve ensured that these reforms are duly
acted upon.”
Like the thousands of other mothers
and proponents of reform, Cheri O’Donoghue
wants even bigger changes to the RDLs.
“This will not help my son,
or thousands like him who have B-class felonies.
What is needed is the full repeal of the Rockefeller
drug laws…,” said O’Donoghue.
Though more work needs to be
done, this new law rejuvenates the dedication
of Real Reform supporters and helps to galvanize
the movement to end the waste of lives and taxpayer
dollars.
Members of the Real Reform
New York Coalition, which includes survivors of
the Rockefeller drug laws, families of incarcerated
people, advocates and experts, define real reform
as reducing sentences; restoring judicial discretion;
delivering retroactive sentencing relief; and
expanding drug treatment programs.
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