Paterson Will Water Down Rockefeller Drug Law Reform

Governor Paterson behind a stack of petition signatures calling for Rockefeller Drug Law reform. (AP Photo/Mike Groll)

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 If the Rockefeller Drug Laws are repealed, some of the state’s less populated prisons will probably close.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."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on March 11, 2009 2:42 PM

Comments [rss]

starrygordon

The Drug War is a crime against humanity based on racism, sadism, and superstition. It is truly depressing that there are a significant numbers of people who want to preserve it just to keep money coming in.

Darius

BigRed,

Once all the drug laws are loosened, the judges will have discration as to what lenght the sentence of the offender will be, case by case. Belive it or not, all cases aren't the same.

If we legalize all soft drugs, ala Europe, crime won't go up because drugs will be easier to obtain and cheaper.

It will slim the prison population --the highest in the world! --and get rid of some prison jobs.

That is ok however, since per Obamas initiatives we'll have jobs building train infastructure, roads, fiber, green energy. Perhaps revive our Hemp industry which historically had been vital in the Amercian Experiments' progress and development.

As to holding politicians accountable. The Politicians are living in their own private world and haven't much a clue what regular people need and want. They don't believe in responsibility. Just re-election, riches, raw power.

We shall see if justice will be done to the previous administartion for their illegal power grab, perversion of our laws and thievery of taxpayer money.

billybob

Republican Big Red, believe it or not, some people learn from their mistakes.

BigRed

This is wonderful. What do all of you folks think will happen once drug laws are loosened??? MORE DRUGS and therefore MORE CRIME. This is such a bunch of crap. NY is known for their tough drug laws and we still have a great deal of drug crimes. We can only imagine what will happen once the drug laws are loosened. I don't know how these politicians can live with themselves, but we need to hold each and every one of them who vote for this bill responsible.

Politburo

"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."

Yeah, sure.. and the cost of the inevitable lawsuit/appeals (which the inmates will win and you'll have to process the petitions anyway) is?

EricRoberts

I think moneyries, Felix and fugothamist sum up my feelings nicely.

fugothamist

"where prisons are major sources of jobs"

un f*cking believable that job opportunities plays a factor in this

tinybanquet

It's not just job opportunities, I would bet, but a budget issue as well. I haven't really kept up on this issue but it used to be the case that prisoners incarcerated upstate were considered to be residents of the counties they were incarcerated in for purposes of budget allocation. Also, NY State used to get millions and millions of dollars each year in kickbacks from whichever phone company it awarded the contract for prison phone service to. I believe that practice has come to an end since I wrote about the issue in law school several years ago, but even so, there is still a creepy codependent relationship between the state and its prison system.

FrankMartin

That line struck me too. But not for the same reason. I agree it might influence a politician, but it is a serious charge. And it comes from Gothamist, not a source or politician. John, is it simply your opinion or have upstate Rep or others said as much? Evidence please.

I think the laws should go, but I bet there are a few good point to be made by those who disagree with me. Casting all those who might have issues with repealing the law into the same bucket is probably not accurate or fair.

That said LEGALIZE IT

ganghiscon

the state can close a prison to 90 days, from one year. With fewer drug offenders expected to face prison sentences under the governor’s plan, it is expected that some of the state’s less populated prisons could close.

Senate Republicans, who heavily represent the rural towns where prisons are major sources of jobs, have for decades been able to block prison closures.

That came directly from the Times article. What are you talking about?

FrankMartin

Right, but they don't cite a single REP. who says they are opposed because of their desire to protect jobs.

Felix Hoenikker

I'm confused and uninformed. If they have a majority, why does he care what the senate minority wants? They don't filibuster, do they?

John Del Signore

From the Times article: "With the Senate split 32-30 between Democrats and Republicans, only one Democrat would need to oppose the plan for it to die." So I think it's such a tight margin they need some Republicans to balance out any potential dissent from an upstate Dem.

zpk

Being just and humane is just too damn expensive.

moneyries

I hate this part: " * 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."

Like, goddammit upstate Republicans. Those are 2,000 lives, not counting the children, wives, and families of those incarcerated people that you are seriously fucking with.