WPCNR’S ADAM IN ALBANY. By District 89 Assemblyman Adam T. Bradley. April 17, 2004: The Assembly recently passed a plan which I sponsored to reform New York’s antiquated Rockefeller drug laws. This legislation gives judges the discretion to sentence some non-violent drug offenders to compulsory drug treatment programs instead of prison.
The plan could save New York as much as $164 million annually, reducing prison crowding while cracking down on violent offenders and treating the causes of drug-related crime. This figure does not include the savings from families that would otherwise go on public assistance or from children who would enter the foster care system if a parent was forced into mandatory incarceration.
I hope we have learned after 30 years that if we want to fight drugs and drug crimes, we must first fight addiction. Treatment has proven to be a much more effective tool than incarceration in most circumstances involving first-time offenders, and this measure gives the criminal justice system the flexibility to find the most appropriate sentence.
Drug treatment is 15 times more effective than mandatory-minimum sentences in reducing serious crimes committed by drug offenders, according to a Rand Corporation study. Chief Administrative Judge Jonathan Lippman has estimated that graduates of drug court diversion programs commit two-thirds fewer crimes than offenders who are simply incarcerated. The empirical data is clear that drug treatment is much more successful than incarceration in reducing crime by first-time, non-violent drug offenders.
The Assembly bill (A.7078-A) would:
· give greater discretion in recommending drug treatment as an alternative to prison;
· create a new drug-related Class B-II felony for certain lower-level sale or possession
cases involving relatively small amounts of controlled substances; and
· give judges more flexibility in sentencing individuals on Class B and lower felonies.
New York has made great strides in reducing crime. If we also make a concerted effort to fight substance abuse and addiction, we can bring crime levels down even further.
Reforming a broken, outdated system
The Rockefeller drug laws – first enacted in 1973 – are infamous for their harsh and inflexible mandatory-minimum sentences. The law has also been criticized for having a disproportionate impact on minorities.
Thousands of non-violent people are locked up each year for possessing small amounts of controlled substances. Many of these low-level offenders would benefit greatly from monitored substance abuse treatment, giving them a real chance to break their drug dependency and succeed in life.
Treating the causes of crime
With these reforms, prosecutors and judges will be able to order certain felony drug offenders whose non-violent crimes resulted from drug abuse to treatment programs instead of prison. Prosecutors would first evaluate whether or not a non-violent drug offender should be diverted from prison to drug treatment. During that evaluation, the court wouldn’t be able to take any action. After the evaluation, the judge would make the final determination on whether an offender is sentenced to a mandatory drug treatment program or prison.
This plan provides more tools to fight drug addiction and reduce crime. Everyone will benefit. Addicts will be able to get treatment, the court system will be able to concentrate on more serious offenders, and taxpayers will be safer and save money.
Ending drug laws that hit minority communities the hardest
Many Westchester minority families have been disproportionately affected by the Rockefeller drug laws, which are among the harshest mandatory-minimum drug laws in the nation.
Almost every person – 94 percent – incarcerated under the Rockefeller drug laws are African-American or Latino, even though they make up less than a third of New York’s population. And that’s despite the fact that all races use drugs at about the same rate. Every New Yorker deserves fairness and justice, and we have to make sure they get it.
Combating drug-related gun violence
Recognizing the deadly connection between the drug trade and firearms, the new legislation imposes a mandatory five-year prison sentence on anyone convicted of possessing a loaded handgun with the intent to use it while selling or attempting to sell drugs. The plan also retains life sentences for drug kingpins who engage in major drug trafficking.
This reform will give us the ability to deal with drug use and drug crimes fairly, quickly, and, most important, effectively. I call on the Senate and the governor to support our efforts to truly reform the outdated and ineffective Rockefeller drug laws.
