Crime Committee Report e.indd - New York State Senate

The Basics of Rockefeller Reform
• z Illegal drugs remain illegal. Adults who sell drugs to children, individuals who use guns
in drug deals are excluded from diversion programs, drug kingpins deserve and to receive
harsh punishment.
• z Discretion is returned to Judges to determine whether or not a defendant should be
diverted to a drug treatment program based on a professional assessment of his or her
health needs and whether or not the candidate is sincere in his or her desire to make a
real change. Mandatory minimum prison sentences for Class B drug offenses and second
time, non-violent drug offenders are ended.
• z A contract is entered into by the defendant and the court.
• z District Attorneys shall still play a key role in assessing appropriate candidates for diversion
but will no longer be able to veto a judge’s discretion.
• z Defendants who fail to complete drug treatment; who fail to cooperate with health care
counselors, who are found to be manipulative or get re-arrested while in treatment can
be expelled from a treatment program and sentenced to probation, local jail or state
prison time.
• z Judges’ discretion to sentence defendants to Willard and Shock Programs is expanded
and the pool of defendants eligible to participate in these “short stay” programs is also
expanded.
• z In addition to these new sentencing options, the new law will give people serving old
indeterminate sentences for Class B level drug convictions the opportunity to apply for
re-sentencing 11 . The re-sentencing part of the new law became effective October 7, 2009.
Inmates with a violent felony conviction within the last ten years are excluded from eligibility.
Approximately, one thousand individuals will be eligible to petition the court for
re-sentencing. At all times it will be in the judge’s discretion to determine eligibility and
how far to go in reducing the sentence.
• z Expand the involvement of the Office of Alcoholism and Substance Abuse Services
(OASAS) into the treatment side of the legislative reforms, both inside prisons and with
outside treatment programs linked to the courts.
Saving the Taxpayers Money
The dramatic change in policy is an attempt to help community members address a major
cause of misconduct, namely substance abuse and chemical dependency, a disease which
requires professional counseling and medical treatment as well as the firm hand of a judge to
maximize the opportunity for continued recovery. At the same time, this change in policy is
contemplated to save the tax payers millions of dollars which can be reinvested into our communities.
It now costs $45,000 a year to incarcerate an inmate in a state prison, and according
to the Department of Correctional Services there are over 13,000 offenders who are in prison
for drug related offenses. Add to that the hope of increased productivity for the people who
succeed in treatment and you will see the vision and great hopes the Democrat Majority has for
family, friends and community members who request a second chance and a helping hand.
11 See the newly created Criminal Procedure Law §440.46
Standing Committee on Crime Victims, Crime and Correction | 2009-2010 Report 7