Pros and Cons of Recent Rockefeller Reforms
The reforms represent the beginning of the end for the Rockefeller Drug Laws. But there is still work to be done.
- The reforms restore judicial discretion for broad categories of individuals charged with drug offenses, including many individuals convicted of second felony drug crimes.
- The reforms provide for a significant increase in funding for drug treatment and rehabilitation programs in prisons and for community-based alternatives to incarceration.
The reforms provide for a greater role for the State’s Office of Alcohol and Substance Abuse Services in monitoring and guiding drug treatment programs in prisons.
Some individuals currently confined for drug offenses will be able to petition the courts for a reduction in their sentences.
- Some mandatory sentencing provisions remain on the books and will continue to catch in their net large numbers of low-level persons convicted of drug crimes who will face lengthy prison terms.
- The main criterion for guilt remains the weight of drugs found on people at the point of arrest–not their role in the transaction–a provision that will likely perpetuate the disproportionate policing of New York’s low-income communities of color, where drugs are more likely to be dealt on the street and it is easier to make arrests.
- Only about 1,500 of the nearly 12,000 people currently incarcerated under the laws will likely be eligible for retroactive resentencing.
CA Applauds Commitment to Raise the Age in Governor Cuomo’s State of the State Address, Laments No Mention of Racism, Violence, and Abuse in NYS Prisons
(January 9, 2016) New York, NY: The Correctional Association of New York roundly applauds the continued commitment of Governor Andrew Cuomo to raising the age of criminal responsibility in New York, ending the prosecution and incarceration of 16- and 17-year-olds as adults. It is now up to the members of both parties in the NYS Legislature to do their duty to make this a reality. In spite of the Governor’s assertion that the "nation looks to NY to find a way up," we actually fall behind 48 other states, along with North Carolina, by continuing to treat children as adults in the criminal legal system. New York must Raise the Age of criminal responsibility this legislative session. Read More
To the Editor: Re “Serving as a Role Model During a Father’s Absence” (The Neediest Cases, Dec. 21): It’s nice to see young Jaylen benefit from the MentorCHIP program. But children whose parents are incarcerated need regular visits with their parents. Studies show that children’s emotional, scholastic and social adjustment improve when they have regularly [...]Read More
Reports & Research
The Correctional Association of NY conducted in depth interviews with 30 people currently incarcerated at Clinton on August 19 and 20, 2015, and corresponded with many more people held at the prison over the last few months. The information reported provides further confirmation of both extensive staff brutality in the aftermath of the June escape [...]Read More
Prison Monitoring Reports
Auburn was the first prison to implement the “Auburn System,” a system of incarceration in which incarcerated people worked in groups during the day, were housed in solitary cells during the night, and lived in enforced silence. Today, Auburn Correctional Facility operates as a maximum security, DOCCS-operated prison for men ages 21 and older.Read More