Lawmakers in New York reached a milestone in December when they passed legislation to reform the state's harsh Rockefeller drug laws, which were passed in the 1970s and designed to put a hefty dent in drug-related crime.  But, while sentencing reform activists agree these recent changes are promising, many believe that state government has only just skimmed the surface of true reform to the state's drug laws.

"I think there's no question that in New York there has been a shift in attitude -towards moderating the approach to our drug offenders," said Jon Wool, Project Director of the National Associates Programs for the New York-based Vera Institute of Justice.  "I'm not sure this legislation is the shining example of that, but it seems like just the fact that everyone has agreed for some time that there needs to be a moderation in the drug laws is the best indication of that."

Proposals to reform the Rockefeller drug laws, which were nicknamed after former Governor Nelson Rockefeller, have been bounced around in state government for the last few years, according to Wool.  The legislation that finally gained lawmakers' approval and was signed into law by Governor George Pataki on December 15, 2004, eliminates indeterminate sentences in favor of determinate sentences for drug offenders, makes some incarcerated drug offenders eligible for re-sentencing and changes the substance possession weight requirements for certain drugs.

But, despite these changes, the reforms fall short in many ways, Wool said.  Although there has been some progress, the changes that have been made to the laws affect only a small percentage of offenders, he added.

"I think with regard to felonies, this is a meaningful reform," said Wool, noting that the state doubled the quantity threshold for class A-I and A-II felonies and made those inmates serving life sentences for A-I drug convictions eligible for re-sentencing.

"They have to ask for it," Wool said.  "It's not automatically retroactive, but there is an opportunity for them to get re-sentenced and it is likely many of them will."

But, Wool pointed out, that particular reform affects only between 200 and 400 of New York's nearly 16,000 drug offenders who are in prison.

"The important thing is [that] this is [only] a tiny fraction of those that are sentenced to prison [for drug-related crimes] in New York," Wool said.   "For the remainder of the drug felonies - and it's almost all of them - it's a very, very slight change," he said.  "And the most significant thing is that mandatory sentencing remains."

With mandatory sentences still in play in New York and only a small number of drug offenders being affected by the new legislation, Wool believes that lawmakers could and should reform the Rockefeller drug laws even further.

"Time will tell how far people are willing to go," Wool said.

Fred Goldstein, a spokesperson for the Phoenix House Foundation, a substance abuse treatment provider that really pushed for the reforms, agrees with Wool.  Although he still hopes for more in terms of drug sentencing reform, Goldstein is encouraged by last month's developments.

"I think it is significant in that something was passed," Goldstein said.  "We do believe that it's a great thing that some change was made."

A Focus on Treatment

But, Goldstein pointed out the reforms were "pure sentencing reforms" and did not address treatment for drug offenders, which is a main concern of Phoenix House, which provides treatment to substance-addicted offenders who need it.

"Still, we believe that the optimal solution for everybody - for the prison system, for society, for the individuals and [their] families - is to [provide them with treatment] in the community as an alternative to incarceration," Goldstein said. 

Although the reforms did not touch upon treatment and alternatives to incarceration, Goldstein is hopeful that, in the future, legislators will carry today's reforms even further to include not only treatment, but also state funding for it.

"There are clearly many people in the system who have substance abuse problems [and] whose criminal conduct is related to substance abuse problems," Goldstein said.  "Our experience is those people and the system and society are served very well by mandating [them] into treatment."

According to Dan Wilhelm, Director of the Vera Institute's State Sentencing and Corrections Program, other states have begun to focus in on treatment for drug offenders as they reformed their drug laws in recent years.

A National Trend

"[There is] a renewed emphasis on rehabilitation and a new priority being given to treatment [and] alternatives to incarceration," said Wilhelm.

Through legislation, states like Kansas and Texas have acknowledged the importance of treatment and diversion for drug offenders.  In Kansas, he added, legislators designated money for that offender population and the funds remained tied to the offender for whatever treatment he or she may need, rather than a particular program.

Reforms to drug sentencing laws in Kansas, Texas and New York reflect a national trend, Wilhelm said. 

"It is certainly safe to say that the recent changes to the Rockefeller laws are part of a bigger trend in which many states are reconsidering the severity of criminal penalties, especially those related to drug offenses," Wilhelm said. 
 
But in New York, organizations like the Phoenix House hope that lawmakers will take those reforms a few steps further.

"Finally some breakthrough [has] happened, but there is a lot of work to be done and a lot of improvements to be made," Goldstein said.  "Our hope is that the legislators will continue to work on trying to expand alternatives to incarceration and expand access to treatment for this population and provide funding for [it]," Goldstein said. 

Resources:

Vera Institute www.vera.org

Phoenix House www.phoenixhouse.org