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October 15, 2007
NY: This time, real reform
"The 2004 and 2005 reforms affected several hundred A1 and A2 offenders. By contrast, there are 13,900 prisoners now serving time in New York for drug offenses. According to the Correctional Association of New York, a watchdog organization, it has cost taxpayers $1.5 billion to build the prison space needed to house these inmates, and $510 million a year to keep them locked up. A saner policy would be to explore alternatives to incarceration, especially programs that help addicts caught up in the drug trade."
Times Union, Albany, NY
Editorial
This time, real reform
Monday, October 15, 2007
Three years ago, when the Legislature approved the first major reform of the Draconian 1973 Rockefeller Drug Laws, critics warned that drug offenders would soon be roaming the streets in record numbers. But it didn't turn out that way. Despite the 2004 reform, which abolished life sentences for the highest-level drug crimes, known as A1, and a subsequent reform in 2005 that gave Class A2 offenders an opportunity to appeal their sentences, law and order was not threatened. To the contrary, the number of people sent to prison for drug offenses actually went up -- to 6,039 last year from 5,657 in 2004.
The reform measures provide further evidence that the Rockefeller Drug Laws should be repealed. They have never served the purpose envisioned by the late Gov. Nelson Rockefeller, who believed the fear of a mandatory life sentence would deter anyone from being caught with drugs on his or her person. Instead, drug crime soared, as pushers used so-called mules, usually desperate youngsters, to act as couriers.
Now comes an opportunity for the Spitzer administration to build on the modest reforms of 2004 and 2005 by supporting the repeal of the Rockefeller statutes. This month, the New York State Commission on Sentencing Reform, established by the governor's executive order, will release its review of the state's sentencing practices and alternatives to incarceration. It is the perfect time to urge repeal.
The 2004 and 2005 reforms affected several hundred A1 and A2 offenders. By contrast, there are 13,900 prisoners now serving time in New York for drug offenses. According to the Correctional Association of New York, a watchdog organization, it has cost taxpayers $1.5 billion to build the prison space needed to house these inmates, and $510 million a year to keep them locked up. A saner policy would be to explore alternatives to incarceration, especially programs that help addicts caught up in the drug trade.
Regrettably, judges have no discretion under the Rockefeller Drug Laws to fit the sentence to the crime. That means judges have no choice but to impose harsh punishments on many defendants who are more victims of the drug trade than perpetrators, such as mules.
Just as regrettably, the Legislature has backed away from repeal, largely because of opposition from some district attorneys throughout the state who want to keep the Rockefeller Drug Laws as a club to exact plea bargains from suspects.
But justice should not come at the end of a club. Prosecutors need to do the hard work of building sound cases against the accused, rather than taking the easy way out by using the Rockefeller Drug Laws to frighten a defendant into a plea.
Justice should be based on the severity of the offense, as weighed against extenuating circumstances. That's the job of a judge, not rigid laws that are miscarriages of justice themselves.
THE ISSUE: A state panel will review sentencing policies.
THE STAKES: The group has an opportunity to address repeal of drug laws.
http://www.timesunion.com/AspStories/story.asp?storyID=629795&category=OPINI
ON&newsdate=10/15/2007>
Posted by lois at October 15, 2007 09:52 PM