Sen. Schneiderman Argues To Remedy The Damages Done By Rockefeller Drug Laws

Senator Schneiderman addresses his critics concerns, then goes full throttle in his defense of the smartest thing the Senate has done since Democrats took over. Watch it here:

NY Set To Repeal Most Of Draconian Rockefeller Drug Laws

For nearly forty years now, we as a state have been throwing people away to rot in jail cells for doing drugs. Naïvete and a rash propensity to act against a drug epidemic ended up feeding a growing prison-industrial complex and did nothing to counteract the core problems surrounding drug use in New York. The name Rockefeller did not only then correlate to money and power, it also took on one of the failed approaches of a "drug war." The idea of this being a "war" is the crux of the problem in how we deal with drugs. Drug problems need to be treated, not battled. Now with a Democratic majority in place in Albany, we'll finally be able to repeal the worst of those drug laws and focus on treatment.

From The NY Times:

Under the plan, judges would have the authority to send first-time nonviolent offenders in all but the most serious drug offenses — known as A-level drug felonies — to treatment. As a condition of being sent to treatment, offenders would have to plead guilty. If they did not successfully complete treatment, their case would go back before a judge, who would again have the option of imposing a prison sentence.

Currently, judges are bound by a sentencing structure that requires minimum sentences of one year for possessing small amounts of cocaine or heroin, for example. Under the agreement reached by the governor and lawmakers, a judge could order treatment for those offenders.

Judges would also have the option of sending some repeat drug offenders to treatment. Repeat offenders accused of more serious drug crimes, however, could only go to treatment if they were found to be drug-dependent in an evaluation.

It's been a long time coming and this is at least one benefit of having the State Senate in Democratic hands. As far as drug law reform goes, this is a huge step forward for our state and we have the new majority to thank for it. Now imagine if this display of common sense could be thrust upon the other important items of the day that our government could address and correct.

NY Drug Law Reform On The Fast Track

Besides passing a budget, Governor Paterson is dead-set on reforming our state's regressive drug laws. Unlike his dilli-dallying on the budget, Paterson is clear on what he wants the Legislature to help him accomplish. Giving judges the authority to decide the best sentence for the convicted drug user is what he and many advocates of this reform want. It has been more than thirty long years that we as a state have overreacted in the legal sense to those that get caught using illicit substances and it is far past the time that we should correct the problem by working to treat people's problems, not exacerbate them by sticking as many of them in jail.

From The NY Times:

The Assembly is expected to pass legislation on Tuesday that would once again give judges the discretion to send those found guilty of having smaller amounts of illegal drugs to substance-abuse treatment instead of prison and allow thousands of inmates convicted of nonviolent drug offenses to apply to have their sentences reduced or commuted.

Meanwhile, the governor’s office is preparing legislation that it plans to present to Senate leaders on Monday that would also give judges discretion in sentencing, according to a senior administration official involved in drafting the bills. But for now, the governor is not taking a position on whether sentences should be reduced for some prisoners.

For its part, the Senate is expected to take up legislation in the coming weeks that would also be aimed at strengthening judges’ roles in sentencing.

And it can all happen by the beginning of April if the language is inserted into the budget. As the Times tells the story of Paterson being arrested for protesting in front of Pataki's office not too many years ago, it is an important issue to the Governor and admirable goal. To see him accomplish it will be great to see. Not only will it be a victory against the powerful prison lobby, but an intelligent way of turning the "drug war" into a more caring system where society treats those with drug problems instead of throwing them into a penitentary.