The D'Alliance: Personal Views on Drug Policy

Major Rockefeller Drug Law Reform Provision Goes Into Effect

Saturday, October 10, 2009

On Wednesday, major provisions of the Rockefeller Drug Law Reforms signed into law in April went into effect: restoring sentencing decisions in most (but unfortunately not all) drug cases, and allowing nearly 1,500 people serving time in prison for B drug felonies under the old Rocky law to petition for resentencing.

It is the first time in 36 years that New York State drug laws place the power of sentencing decisions in the hands of judges, who can now take into account the totality of the circumstances when someone is convicted of a drug offense to fashion the appropriate sentence -- whether it be treatment or other alternatives to incarceration programs, probation, or parole -- and make a prison sentence the last resort.

You can read more about the new provisions that go into effect from DPA's gabriel sayegh here, and get more info (fact sheet) on the reforms here.

This reform of mandatory minimum drug sentencing provisions indicates a real shift that focuses drug abuse and dependence as a health issue, rather than addressing it solely as a criminal justice matter. Although there is far to go, New York can show the nation that while it was the first state in the country to adopt such misguided and racist laws, they can now become a national leader by using effective community-based alternatives to incarceration to address drugs as a public health and safety matter, not a prison one.