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Paterson Will Water Down Rockefeller Drug Law Reform
By
John Del Signore
Published Mar 11, 2009
Modified Mar 11, 2009
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By
John Del Signore
Published Mar 11, 2009
Modified Mar 11, 2009
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As part of a push to repeal the mandatory sentencing laws known as the Rockefeller Drug Laws, Governor Paterson will propose a compromise bill intended to woo State Senate Republicans, who largely represent rural areas upstate where prisons are major sources of jobs. According to the Times, the bill, which is still being drafted, will be proposed as part of the package of budget bills that lawmakers must approve by April 1st, and will call for spending roughly $50 million to finance treatment programs and additional drug courts.
The bill would eliminate mandatory minimum sentences for first-time low-level drug felonies, and the governor’s office estimates that about 1,200 people a year would be diverted to treatment instead of prison under its legislation. Last week the State Assembly passed a bill repealing the laws; Paterson's compromise will reportedly differ in the following ways:
- Paterson's bill won't be retroactive. Nearly 2,000 prisoners who might have been eligible for resentencing under the Assembly’s bill would remain in prison. The Governor's office says the cost of processing such a high volume of resentencing petitions in court would be too high.
- Also because of cost, Paterson’s plan would not mandate treatment for drug offenders in prison, nor help drug offenders after being released with so-called re-entry programs.
- The bill would also give judges the discretion to send offenders to treatment instead of prison, but require offenders to plead guilty before entering a rehabilitation program.
But Senate Republicans are expected to object to at least one new facet to the governor’s bill, which would reduce the notice period required before the state can close a prison to 90 days, from one year. If the Rockefeller Drug Laws are repealed, some of the state’s less populated prisons will probably close.
Assembly speaker Sheldon Silver, an outspoken advocate of reform, has yet to comment on Paterson's compromise. But at a rally in Albany Tuesday morning, he told activists, "Drug use and addiction is a public health issue, not simply a criminal justice issue. For people who are addicted, we want to treat them." More than 30,000 New Yorkers have signed a petition calling for total repeal of the Rockefeller laws. Senate Majority Leader Malcolm Smith, making a surprise appearance at the rally, said, "You can be assured that in this budget we will reform the Rockefeller drug laws."
Tagged
compromise
governor paterson
reform
repeal
rockefeller drug laws
John Del Signore
Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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