What are the Rockefeller Drug Laws?

Enacted in 1973 under Governor Nelson Rockefeller, the Rockefeller Drug Laws mandate extremely harsh mandatory minimum prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target major dealers (kingpins), most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal records. As of 2008, approximately 14,000 people are locked up for drug offenses in New York State prisons, representing nearly 38% of the prison population and costing New Yorkers hundreds of millions of dollars every year.

Distorting the Judicial System: The Rockefeller Drug Laws strip judges of their discretion, requiring they give people convicted of drug offenses a mandatory minimum sentence based solely on the quantity of a drug involved in the offense. These sentences are mandatory regardless of the individual's background, character, role in the offense, and the circumstances of the offense. Whether the person is a first-time offender, for instance, is irrelevant. Under this system, prosecutors, not judges, control the process.

Since judges cannot take an individual defendant’s circumstances into account during sentencing, the only way to receive a lower sentence is by cooperating with the prosecution. However, those who are in the best position to provide detailed information about the drug trade are those who are the most heavily involved. As a result, major players are able to bargain for reduced sentences, while those in low-level positions often end up serving longer sentences because they have little or no information to provide the prosecution.

Preventing effective drug treatment: The Rockefeller Drug Laws restrict the ability of judges to divert people using drugs into community-based programs, like drug treatment, which has proven to be far more effective and cheaper than prison at reducing drug use and abuse. Mandatory minimums give prosecutors unbalanced power over people charged with drug offenses. Unlike decisions made by judges, prosecutors' decisions under mandatory minimum sentencing structures are not subject to judicial oversight.

On the books for nearly 35 years, the racist Rockefeller Drug Laws have failed to curb drug use or abuse in New York, but have successfully destroyed thousands of lives—all at taxpayer expense.

Why are the Rockefeller Drug Laws called racist?

The Rockefeller Drug Laws have had a terrible impact on all of New York, but no communities have been more devastated by these laws than Black and Latina/o communities. Major scientific studies have revealed that drug selling and use are shown to be approximately equal between races based on their proportion in the population. Yet while Black and Latino people comprise approximately 23% of New York State’s population, they comprise fully 91% of those currently incarcerated for drug felonies. There are more Blacks and Latinos entering the prison system for drug offenses each year than there are graduating from the entire state university system. This horrendous racial disparity has been condemned by such international groups as Human Rights Watch and Physicians for Human Rights, along with the vast majority of New York residents.

Haven't the Rockefeller Drug Laws already been repealed?

No.  In December 2004, under pressure from the Real Reform New York Coalition, the NY State Legislature passed limited reforms of the Rockefeller Drug Laws, including some sentence reductions, increases in “merit time”, and reforms to harsh parole practices. These reforms were a small step forward, but they were not real reform. They did not restore judicial discretion or provide funds for community-based drug treatment, for example. We still have a long way to go before we reach real reform. As Senate Leader Joseph Bruno admitted “This is only a small step, and we need to do more.”

What did the reforms of 2004, known as the Drug Law Reform Act of 2004 (DLRA), do, exactly?

• Slightly lowered most drug sentences, though not nearly enough for real reform. Although some prison terms were slightly reduced, they remain unduly long.
• Allowed those serving the most serious of the old sentences (the A-I cases) to apply to be re-sentenced to a term allowed by the new law. In 2005, a slight expansion allowed for certain people with A-2 felonies to also apply for resentencing. Few people have seen relief under these reforms.
• Increased good time allowances for everyone else already serving drug sentences.
• Expanded eligibility for prison-based drug treatment (not community based treatment).
• Reformed parole practices—after three years without incident, parole must be terminated for those who served time for a Rockefeller Drug Law offense.
• As of May 31, 2007, a total of 354 Class A-I drug cases have been re-sentenced, and of those, 214 have been released. In the same period, 328 Class A-II drug cases have been re-sentenced, and of those, 115 have been released. On average, these cases were released from DOCS’ custody 43 months before their previously calculated earliest release dates (ERDs), saving taxpayers over $30 million. 

The DLRA Did Not:

• Restore judicial discretion. Prosecutors retain power to determine sentencing due to the mandatory sentencing provisions.
• Increase funding for community based drug treatment and alternative to incarceration. Such funding has not significantly increased in over 20 years.
• Provide retroactive sentencing relief. Most people serving the old law draconian sentence—especially those serving B felonies—were not allowed to be resentenced.
• Significantly reduce sentences. While some sentences were reduced, most remain unduly harsh.

Three Years After the DLRA:

• Few people got out of prison under these reforms; this was no jailbreak. Out of approximate 1,000 people convicted of A-1 and A-2 drug felonies that have applied for resentencing, approximately 30% of those eligible for resentencing have been released. Thousands of people remain imprisoned under the failed Rockefeller Drug Laws. 
• The re-sentencing process is much slower than expected. District Attorneys are often fighting re-sentencing and asking for high sentences. 
• The DLRA did not significantly lower the prison population. In fact, the number of people incarcerated on a non-violent drug offense increased in 2006 to 6,039 as compared to 5,657 in 2004.
• The State Department of Correctional Services has not expanded drug treatment in prison, as required. The small modifications made to the Rockefeller Drug Laws did not include any additional funds for drug treatment or alternatives to incarceration.

New York needs a public health approach to our drug policies—a focus on community based treatment, education, and harm reduction. Incarcerating people for drug use is ineffective, wasteful, unjust, and inhumane.

What about the Second Felony Offender Law? Is that part of the Rockefeller Drug Laws?

Yes. Enacted in the same year as the Rockefeller Drug Laws, the Second Felony Offender law aggravates the severity of the Rockefeller Drug Laws. The Second Felony Offender laws mandate significantly increased sentences for a second (or subsequent) felony offense, regardless of whether both felonies were nonviolent drug offenses, whether the offender was a productive member of his or her community, or how many years passed between convictions.

Not surprisingly, together the Rockefeller Drug Laws and Second Felony Offender laws have resulted in an enormous expansion of the prison population. In 1980, 11% of those incarcerated were drug felons; in 2006 drug felons comprised 36% of the prison population. The increase is more staggering for women: 45% of the women currently in prison are incarcerated for drug crimes. More than 70% of these men and women have never been convicted of a violent felony.

I know someone in prison under the Rockefeller Drug Laws. Do they get relief under recent reforms?

The Drug Policy Alliance does not provide direct legal support. But many of our allies do. If someone you know is imprisoned under the Rockefeller Drug Laws, contact the Legal Aid Society in New York City to learn more about how the latest sentencing reforms impact everyone serving Rockefeller time. You can reach the Legal Aid Society at 212.577.3300.

Who is working to change these laws?

The Drug Policy Alliance has been working to get rid of these laws for nearly ten years. In 2004, we helped found a new coalition Real Reform New York. The statewide coalition is committed to replacing the ineffective, racist and wasteful Rockefeller Drug Laws with a cost-effective, public health approach to drugs that promotes compassion, justice and public safety. Real Reform New York is made up of dozens of organizations representing thousands of community members, activists, advocates, policy and treatment experts, Rockefeller Drug Law survivors and their friends and families.

Real Reform New York defines real reform as:

• Reducing sentences for drug offenses. New York’s harsh drug laws are out of step with the rest of the nation; many states, such as California, provide treatment, not incarceration. 
• Restoring judicial discretion and ending mandatory minimums for drug offenses. 
• Expanding and funding community-based drug treatment programs, including alternatives to incarceration for people convicted of drug offenses. Treatment is cheaper, more humane, and more effective than prison.
• Delivering retroactive sentencing relief to currently incarcerated Rockefeller prisoners
  serving unjustly long sentences.

How can I get involved in the coalition?

Join the Real Reform New York Coalition and help determine the future of New York’s drug policies. Send an email to nyc@drugpolicy.org or call gabriel sayegh at 212.613.8048.