When Eliot Spitzer was elected governor of New York, the Rockefeller Drug Law reform movement was optimistic for change. After years of pushing former Governor George Pataki for substantive drug law change, and receiving limited reform in 2004 and 2005, New York finally had a governor who made it clear that real Rockefeller reform was on his agenda. However, during 2007 he failed to even mention the draconian laws.

Real Reform New York, a coalition co-founded and led by DPA, held rallies throughout the state calling on Spitzer to keep his campaign promise and reform the archaic Rockefeller Drug Laws. Last June, we held a surprise birthday party for Spitzer outside his New York City office -- complete with cake, hats, and a giant birthday card urging Real Reform signed by reformers and delivered to his office.

We also initiated our Lockdown, U.S.A. Houseparty campaign in a continuing effort to raise awareness of the Rockefeller Drug Laws. We held screenings of the documentary Lockdown. U.S.A., in homes and community forums throughout the state. You can get the Lockdown U.S.A. Houseparty Packet here.

In 2007, under pressure from DPA and our allies, the NY State Assembly passed reform legislation, A.6663. The bill died in the Senate. The legislation would have done the following: 

Expanded drug treatment diversion options for people convicted of nonviolent drug offenses and increases funding for community-based drug treatment and harm reduction programs. Such programs are proven to be more effective at reducing drug abuse than incarceration. The RAND Drug Policy Center’s 1997 study determined that treatment is the most effective tools in the fight against drug abuse. It was found that treatment reduced 15 times more serious crime than mandatory minimum sentences. NY State should expand treatment funding by at least $150 million a year.

• Continued sentencing reform—NY’s penalties are out of touch with the rest of the nation. End the use of mandatory minimums, which undermine justice and fairness.
• Retroactivity--Allowed people serving time for B, C, and D RDL felonies to apply for resentencing under the new reforms—a key piece missing in the 2004/2005 changes. 
• Increased, but not fully restored, judicial discretion. Let the judge, not just the District Attorney, decide who gets into treatment. According to a poll conducted by the New York Times in 2002, 79% of New Yorkers are in favor of restoring sentencing discretion to judges in drug cases.
• Diversion--Allowed for some people convicted of first-time and second time drug offenses to receive treatment or probation instead of prison.
• Re-invest savings from reforms--Required the State Comptroller to monitor, annually, the savings accrued from providing more treatment instead of incarceration; those funds could be re-invested in community programs and treatment.

In 2008, DPA will introduce legislation that will: get rid of the Rockefeller Drug Laws, including elimination of mandatory minimums for drug offenses; expand treatment funding; and move the state towards a public health approach to drug policy in New York, making prison the last, not first, resort.

Last Updated February 2008