CA News

Gov. Paterson's State of the State Drug Law Remarks

January 2009

In his State of the State address on Wednesday, January 7, Governor David Paterson issued a promising statement concerning his plans for the Rockefeller Drug Laws—New York’s harsh and ineffective mandatory drug sentencing statutes:

“Just as we invest in the programs that are working, we must also address the strategies that are not working. Few public safety initiatives have failed as badly and for as long as the Rockefeller Drug Laws. These laws did not work when I was elected Senator in 1985, and they do not work today.

“We enacted modest reforms to the Rockefeller Drug Laws in 2004. Yet these reforms still did not go far enough to expand the availability of drug treatment programs, allow judges to order low-level offenders into mandatory treatment, and assure that prisons are used for the most serious drug offenders.

“At the end of this month, the New York State Commission on Sentencing Reform will deliver its report. I look forward to reviewing the Commission’s recommendations in partnership with the members of the Legislature. Together, we should move forward to reform the Rockefeller Drug Laws—and institute a smart, safe and effective approach that keeps drugs off our streets.” [emphasis ours]

The CA is encouraged by the Governor Paterson’s reference to Rockefeller Drug Law reform in his speech. His call for reform has restored the issue to a central place in his legislative agenda—a positive step that affirms the governor’s historic support for drug law overhaul.

Certainly, now is the time to pursue sweeping reform. Our statewide Drop the Rock campaign has gathered over 20,000 signatures calling on state policymakers to repeal the Rockefeller Drug Laws, demonstrating broad public support for change. In addition, New York’s fiscal crisis—“perilous,” as the governor described it—and the new Democrat-led Senate create a politically opportune time to reform the laws. Indeed, as we recommended in our position paper, Reform Criminal Justice Policies, Cut Government Costs, reforming the Rockefeller Drug Laws could generate as much as $280 million in savings annually.

We are cautious, however, about whether the governor’s statement will actually lead to what should be the ultimate policy goal: meaningful restoration of sentencing discretion to judges in all drug cases. Only then will the State achieve these significant cost savings and establish a fair and sensible way of adjudicating drug cases.