5 Winnable Issues

Repeal the Rockefeller Drug Laws

The Problem: The Rockefeller Drug Laws require harsh prison terms for the possession or sale of relatively small amounts of drugs, regardless of personal circumstance or the role the person played in the drug transaction. Over 14,000 drug offenders—most of whom have no history of violent behavior—are locked up in New York’s prisons. Over 91% of them are African American and Latino, even though studies show that the majority of people who use and sell drugs in New York State are white. Incarcerating non-violent drug offenders costs the state about $460 million a year, and does little to improve their lives or the well-being of their communities.

What Should Be Done: Return sentencing discretion to judges by repealing the Rockefeller Drug Laws. Judges can then refer low-level drug offenders to treatment or other alternative programs, which research has indicated are the most effective tools in the fight against drug abuse and drug-related crime.

Why It’s Winnable: In recent New York elections, several candidates for district attorney have campaigned—and won—on a platform of drug law reform. Minor changes to the drug laws in 2004 and 2005 show that the legislature realizes that it’s time for change. Public opinion also supports change: A New York Times poll from October 2002 showed that 79% of New Yorkers favor restoring sentencing discretion to judges in drug cases.

Learn about the Drop the Rock Coalition to repeal the Rockefeller drug laws

Read more about repealing the drug laws

Learn about the Public Policy Project

Provide Treatment for Inmates with Mental Illness

The Problem: Since 1991, the number of inmates with mental illness in New York prisons has grown by 71%—three times the rate of the overall inmate population. There are about 7,400 mentally ill inmates in the state’s prisons, nearly double the number of patients in New York’s mental hospitals. In the general prison population, inmates with mental illness receive little treatment beyond psychotropic medication. When they act out, they often end up locked in disciplinary confinement for 23 hours per day, with minimal human contact. This isolation only makes their illness worse, frequently sending them into a downward spiral that endangers both the inmate and prison staff. Sometimes an inmate’s time in “the box” ends only after months or years, when the prison sentence is over, and the inmate is released directly into society—a hazard both to his or her welfare and to public safety. Sometimes, tragically, it ends in suicide.

What Should Be Done: Place inmates with mental illness in psychiatric care units instead of disciplinary confinement. This summer, both houses of the state legislature passed a bill that prohibits isolating inmates with mental illness in solitary confinement. It also requires training for officers to help them recognize and work more effectively with mentally ill inmates, and provides for additional mental health services inside state prisons.

Why It’s Winnable: Although Governor Pataki vetoed the bill, given the already established legislative support for it and our continued advocacy, we are confident that the next administration will make the bill a law. The bill has broad popular support: the New York Times, Newsday, the Albany Times-Union and several other newspapers have published editorials favoring the proposal.

Read a New York Times op-ed about mental illness in prison

Learn about the Prison Visiting Project

Stop Locking Up Sexually Exploited Girls and Boys

The Problem: New York State treats sexually exploited youth as criminals. Even though young people under 17 are not old enough legally to consent to sex, they can be arrested for prostitution and sent to juvenile jails. They receive virtually no counseling, psychological care, or help finding a safe place to live. Sadly, when young people get out, they usually return to their pimps. Experts agree that prosecuting sexually exploited young people further traumatizes them and makes it more difficult for them to escape the streets.

What Should Be Done: Instead of handcuffs, courtrooms and jail cells, the state should provide services and safe havens for sexually exploited youth. The Safe Harbor for Exploited Children Act, which was drafted by Correctional Association staff, will stop the prosecution of sexually exploited youth under the age of 18 and create a range of community-based programs—such as community outreach, preventive services, safe houses and long-term housing—that will put them on the road to rebuilding their lives.

Why It’s Winnable: The Safe Harbor Act has strong bipartisan support in the legislature, including a Republican sponsor in the Republican-controlled Senate. And the public is more aware of the issue because of the recent visibility of international youth trafficking in the media.

Learn more about the Juvenile Justice Coalition

Make Alternatives to Detention Available for Youth

The Problem: Most young people awaiting trial in family court have been charged with low-level, non-violent offenses and pose no threat to public safety. Yet every year, New York State spends millions of tax dollars to keep them locked up in secure detention centers until they go to court. By removing young people from their families, schools and support networks, the system actually makes it more likely that they will get in trouble again: in New York City, 44% of youth in secure detention are re-admitted within a year.

What Should Be Done: Redirect detention funding to support community-based alternative-to-detention programs (ATDs). Unlike jail, alternative programs help young people obtain the tools and resources they need to stay out of trouble—and they are far less expensive. The Juvenile Justice Coalition, coordinated by the Correctional Association, has developed Redirect New York, a statewide budget plan that will shift funding from jails to local ATD programs.

Why It’s Winnable: Similar incentive programs have been very effective in other states: Ohio, for example, was able to reduce its youth detention population by 40% in 10 years.

Read the New York Post's article about the closing of the city ATD program

Learn about the Juvenile Justice Project

Grant Merit Time Eligibility for Domestic Violence Survivors in Prison

The Problem: When survivors of domestic violence defend themselves against their abusers—or commit other crimes as a result of the abuse they have suffered—they are often sent to prison, especially if they are poor or women of color. In prison, they frequently serve long sentences with little chance for early release, even though they pose virtually no threat to public safety. Prison is most often an inappropriate and inhumane response to women who commit crimes as a result of abuse. If they are incarcerated, survivors certainly should not be forced to serve long sentences.

What Should Be Done: Grant merit time eligibility—which allows inmates to earn time off their sentences—to domestic violence survivors who have defended themselves against their abusers or who have committed crimes as a direct result of abuse. Merit time eligibility is a step towards treating domestic violence survivors with the fairness and dignity they deserve, and will help them more quickly reunite with their families and recover from the abuse they have endured.

Why It’s Winnable: The merit time bill received strong bipartisan support in the last legislative session and came very close to making it to the floor of both houses for a full vote. It is also sponsored by a Republican, the Chair of the Codes Committee, in a Republican-controlled Senate. In addition, the Coalition for Women Prisoners, coordinated by the CA’s Women in Prison Project, has united with domestic violence and women’s rights organizations to strengthen its advocacy efforts on this issue.

Read the fact sheet on Survivors of Abuse in Prison

Learn about the Coalition for Women Prisoners

Learn about the Women in Prison Project

For more information about these issues or about any of our advocacy work, please contact us at 212-254-5700 or email the Correctional Association.