April 3, 2009
STATE BAR ASSOCIATION APPLAUDS APPROVAL OF
ROCKEFELLER DRUG LAW REFORM
New Legislation Provides for Judicial Discretion,
Expanded Drug Treatment Opportunities
New York State Bar Association President Bernice K. Leber (Arent Fox
LLP) today commended state leaders for approving legislation that would
substantially overhaul and reform New York’s Rockefeller Drug
Laws. The agreement provides reasonable alternatives to the harsh
sentences that the laws mandated by returning to judges discretion to
divert non-violent addicts to treatment. Certain
previously-sentenced, non-violent offenders can now seek re-sentencing
according to the new law. The reform bill also greatly expands
access to drug treatment programs. Funding for treatment programs
will be available from federal stimulus monies provided to the state
through “Byrne/Justice Assistance Grant (JAG)”
initiatives.
“For many years, there has been a general recognition that the
Rockefeller Drug Laws have failed to achieve their goal of deterring
drug use,” said Leber. “Today, with passage of this
comprehensive reform legislation, New York is taking a giant step toward
eliminating the devastating cycle of drug abuse with no hope of
rehabilitation. This legislation recognizes the critically
important need to provide for judicial discretion – a common sense
criminal justice reform that will lead to additional drug treatment
opportunities for non-violent drug offenders, saving taxpayers millions
of dollars currently being wasted on ineffective and unduly harsh prison
sentences.”
In March of this year, President Leber wrote to members of the State
Senate urging them to support legislation passed by the State Assembly
that would return sentencing discretion back to the state’s
judges.
“The State Bar has long-championed giving judges the authority
to determine sentencing outcomes with respect to drug crimes,”
Leber continued. “These new reforms strike the right balance
by providing rehabilitation services where they are most needed while at
the same time ensuring that strong penalties for drug kingpins remain
the focus of criminal prosecutions. I want to commend Governor
Paterson and members of the State Legislature for coming together to
enact these much-needed drug law reforms.”
The 76,000 member New York State Bar Association is the official
statewide organization of lawyers in New York and the largest voluntary
state bar association in the nation. Founded in 1876, State Bar
programs and activities have continuously served the public and improved
the justice system for more than 130 years.
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