The Rockefeller Drug Laws: An Historical Overview

1. The Rockefeller Drug Laws:An Historical Overview Jennifer M. Ortiz New York State Permanent Commission on Sentencing

2. Historical Context • In the late 1960s and early 1970s, the United States was in the midst of an ever growing drug problem. • New York State initially responded by establishing rehabilitation programs such as the Methadone Maintenance Program. However, such programs did little to curb the drug problem. • Amidst growing pressure from the public, New York State politicians turned to the Criminal Justice System as a solution to the drug problem. • Sources: • Maggio, E.J. (2006). New York’s Rockefeller Drug Laws, Then and Now. NYSBA Journal, 78 (9): 30-34. • Gray, M. (2009). A Brief History of New York’s Rockefeller Drug Laws. Time, Retrieved July 23rd, 2012 http://www.time.com/time/nation/article/0,8599,1888864,00.html

3. Original Legislation • In 1973, then-Governor Nelson Rockefeller proposed and signed into law legislation that would come to be known as the Rockefeller Drug Laws (RDL). • The RDL consisted of three major provisions: • Mandatory and long indeterminate prison terms based on the weight of the narcotic • Restrictions on plea bargaining • Mandatory prison sentences for repeat offenders. Source: Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.

4. Sentencing • The RDL established three levels of drug offenders: Source: Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.

5. Initial Reforms • In 1979, facing growing criticism from both liberals and conservatives, the NYS legislature increased the weight of drugs required to trigger the 15-year-to-life sentence for both sale and possession of drugs. • The legislature also reduced penalties for marijuana possession • In 1988, in response to growing concerns over drug related violence, the legislature lowered the drug weight threshold for cocaine possession. • Sources: • Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth. • Gray, M. (2009). A Brief History of New York’s Rockefeller Drug Laws. Time, Retrieved July 23rd, 2012 http://www.time.com/time/nation/article/0,8599,1888864,00.html

6. Outcomes • The Rockefeller Drug Laws did not curb crime or drug use. • The Rockefeller Drug Laws had negative and disparate effects on prison populations • Sources: • Drucker, E. (2002). Population Impact of Mass Incarceration under New York’s Rockefeller Drug Laws: An Analysis of Years of Life Lost. Journal of Urban Health: Bulletin of the New York Academy of Medicine, 79 (3): 434-444. • Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.

7. Effects on Prison Population • Sources: • Prison Policy Initiative: http://www.prisonpolicy.org/importing/importing.html

8. Racial Disparities • Offenders sentenced under the RDLs were disproportionately Black and Latino.

9. Modern Reforms (2004) • On December 7th, 2004 the NYS Legislature under then-Governor Pataki passed the first modern reform: • Sentences for drug crimes switched to a determinate sentencing model. • Established three levels of offenders: first felony offenders, second felony offenders with a prior non-violent felony conviction, and second felony offenders with a prior violent felony conviction. • Eliminated life sentences. • Doubled weight thresholds needed to trigger mandatory incarceration. • Allowed for resentencing for A-I Drug Felony offender sentenced before the reform. • Established 1/7th merit time for drug offenders in addition to their eligibility to earn 1/7th “good time” credit. • Sources: • Maggio, E.J. (2006). New York’s Rockefeller Drug Laws, Then and Now. NYSBA Journal, 78 (9): 30-34. • Rosenthal, A. (2005) A Guide to Rockefeller Drug Reform: Understanding the New Legislation. Retrieved on July 27th 2012 from the Justice Strategies website: http://www.communityalternatives.org/pdf/sentencing_guide.pdf

10. Modern Reforms (2009) • In April 2009, then-Governor David Paterson signed the most recent legislation reforming the Rockefeller Drug Laws: • Removed mandatory prison terms for individuals convicted of first time B, C, D, & E drug felonies. • Removed mandatory prison sentences for individuals convicted of second time C, D, & E drug felonies. • Reduced penalties for certain offenders: • Reduced minimum penalty for second time Class B drug offenders with a prior non-violent record from 3 ½ years to 2 years. • Reduced minimum penalty for second time Class C drug offenders with a prior non-violent record from 2 years to 1 ½ years. Source: Drug Policy Alliance. (2009). New York’s Rockefeller Drug Laws: Explaining the Reforms of 2009. Retrieved July 27th, 2012 from the Drug Policy Alliance website: http://www.drugpolicy.org/docUploads/Explaining_the_RDL_reforms_of_2009_FINAL.pdf

11. Modern Reforms (2009) Cont. Source: Center for Community Alternatives (2009). 2009 Rockefeller Drug Law Reform Sentencing Chart. Retrieved August 2nd, 2012 from the Center for Community Alternatives website: http://www.communityalternatives.org/pdf/Sentencing-Chart-for-Drug-Offenses-b&w-0810.pdf

12. Outcomes