New York Enacts Sweeping Overhaul Of Rockefeller Drug Laws

Alexandra Keeling, OAD Senior Staff Attorney

After making limited changes in 2004 and 2005, on April 7, 2009, New York enacted a sweeping overhaul of the notorious 1970s-era Rockefeller drug laws.  The Rockefeller drug laws were among the harshest in the nation, requiring lengthy mandatory prison sentences for even the lowest level of drug offenses, resulting in the incarceration of tens of thousands of non-violent offenders.

The new laws stress treatment rather than punishment, reflecting a shift in perspective from drug use as a criminal matter to one of public health.  Multiple studies have established that the treatment model drastically cuts recidivism, and results in huge financial savings, given that the costs of treatment are less than half of the $45,000 it takes to incarcerate a person for a year.1  It is estimated that the new laws will save New York State approximately $250 million a year.2  Additionally, as a group of judges presiding in the city’s drug courts wrote in an op-ed piece expressing their support for the reforms, “there are also ‘savings’ which cannot be measured simply in dollars – thousands of healthy babies born to drug free mothers who are committed to parenting, reunited families, and ex-offenders who can go on to further their education and legitimate employment.”3

The key component of the reforms is the restoration of judicial discretion, which allows judges to utilize a range of treatment and non-incarceratory options for low level drug offenses.  As Court of Appeals Chief Judge Jonathan Lippman explained, “when judges have that discretion and oversee and monitor non-violent, addicted offenders, who have to choose between prison and rehabilitation through treatment, lives are saved and society benefits.”4  Other key changes include diversion from prison for those accused of property crimes which were committed as the product of substance abuse, conditional sealing of prior drug convictions, so that ex-offenders will not be barred from employment and housing opportunities, and the chance for a limited number of currently incarcerated defendants to ameliorate their harsh sentences imposed under the old laws.  OAD will be representing both old and new clients in these upcoming resentencing proceedings.  OAD applauds New York’s latest effort to become one of the nation’s leaders in this area by enacting legislation that allows for individualized justice and humane responses to drug addiction.

  1. “OCA Prepares for Impact of Drug Law Reforms,” New York Law Journal, March 30, 2009
  2. Id.
  3. “Judges Speak Out on Drug Law Reform,” New York Law Journal, March 26, 2009
  4. “Deal Reached on Sweeping Drug Law Reforms,” New York Law Journal, March 30, 2009