Assembly To Hold Public Hearings On
New York's Rockefeller Drug Laws

New York City and Rochester Forums Mark 35th Anniversary of Drug Laws

Assembly Speaker Sheldon Silver, Codes Committee Chair Joseph Lentol, Corrections Committee Chair Jeffrion L. Aubry and Judiciary Committee Chair Helene Weinstein announced that the Assembly will conduct hearings in New York City and Rochester to study the impact of the Rockefeller Drug Laws on drug addiction, drug-related health problems and drug-related crime; and explore the suitability and effectiveness of treatment as a viable alternative to mandatory incarceration.

The hearings will be held Thursday, May 8 in New York City and Thursday, May 15 in Rochester. They mark the 35th anniversary of the enactment of the Rockefeller Drug Laws. Enacted in 1973, the Rockefeller Drug Laws removed judicial discretion from drug sentencing and called for mandatory prison sentences for the sale of illicit drugs. The Rockefeller Drug Laws have been criticized as largely ineffective at reducing drug use and preventing drug-related crime. The hearings will examine the effect of limited reforms enacted in 2004 and 2005 and explore whether judges should be given greater ability to divert drug abusers into treatment programs as a potential alternative to mandatory imprisonment.

Silver said the hearings would provide a critical opportunity to take a renewed look at New York's drug laws and examine how effectively the state's criminal justice, social service and health systems deal with drug users. The forums will examine whether judges should have more discretion in the sentencing of certain drug offenders, the proper role of prosecutors and judges in determining which offenders should be diverted to treatment as a possible alternative to incarceration, the potential cost savings from diverting more offenders into treatment and the efficacy of drug courts throughout the state. Additionally, the Assembly hearings will explore the availability of community-based drug treatment programs and whether additional resources are necessary to address the needs of drug-addicted offenders.

"For nearly four decades, New York has imposed some of the harshest penalties for drug possession in the country," Silver (D-Manhattan) said. "Unfortunately, New York's drug laws have done little to address the underlying clinical needs of drug abusers and have failed to reduce drug-related crime. It is essential that New York re-examine whether its drug policies can better address issues of treatment and give drug offenders a better chance at sobriety to reduce unnecessary imprisonment and create savings to taxpayers in dealing with the scourge of illegal drugs."

"Unfortunately, since the modest reforms of 2004 and 2005, the Senate and the Executive have failed to follow through on their pledge to dramatically reform New York's ineffective and imprudent drug laws," said Aubry (D-Queens). "New York needs to implement a sensible, comprehensive and cost-effective approach for dealing with drug addicts and offenders. Rockefeller Drug Law reforms that offer judicial discretion to divert substance abusers to treatment instead of mandatory incarceration may produce greater fiscal savings for taxpayers in a state that pays more than $35,000 to house one state prisoner each year compared to less-costly alternatives that may show greater results."

"We must follow through on the promise to develop drug policies that protect the public, impose criminal penalties where appropriate and mandate improved and effective treatment strategies," said Lentol (D-Brooklyn). "These hearings will provide us with an opportunity to hear from law enforcement, treatment providers and other stakeholders as we chart a new course forward toward reform."

"The experience of the drug courts in New York demonstrates that treatment is often more effective than incarceration in preventing offender recidivism," said Weinstein (D-Brooklyn). "The Rockefeller Drug laws need to be changed to allow judges additional discretion to divert drug abusers into treatment."

Currently, there are almost 13,500 drug offenders in prison in New York, comprising more than 21 percent of the male prison population and 33 percent of the female prison population.

The average cost of housing a New York prison inmate is more than $35,000 a year compared to less costly outpatient alternatives ranging from $2,700-$4,500 per participant per year to residential drug treatment, between $17,000 and $21,000 each year. Statistics indicate that most have never been convicted of a violent crime and up to 40 percent are incarcerated for drug possession rather than selling drugs.

The Rockefeller Drug Laws have also had a disproportionate impact on minority communities. More than 90 percent of drug offenders in the state prison system are Black or Latino.

Hearings to examine the impacts of the Rockefeller Drug Laws are scheduled for:

Thursday May 8
10:00 A.M.
Assembly Hearing Room
250 Broadway, Room 1923, 19th Floor
New York City

Thursday May 15
10:30 A.M.
City Hall Council Chamber
30 Church Street, Room 302-A
Rochester