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The Rockefeller Drug
Laws:
An Historical Overview
Jennifer M. Ortiz
New York State Permanent Commission on Sentencing
Historical Context
• In the late 1960s and early 1970s, the United States was in the
midst of an ever growing drug problem.
• New York State initially responded by establishing
rehabilitation programs such as the Methadone Maintenance
Program. However, such programs did little to curb the drug
problem.
• Amidst growing pressure from the public, New York State
politicians turned to the Criminal Justice System as a solution
to the drug problem.
Sources:
• Maggio, E.J. (2006). New York’s Rockefeller Drug Laws, Then and Now. NYSBA Journal, 78 (9): 30-34.
• Gray, M. (2009). A Brief History of New York’s Rockefeller Drug Laws. Time, Retrieved July 23rd, 2012
http://www.time.com/time/nation/article/0,8599,1888864,00.html
Original Legislation
• In 1973, then-Governor Nelson Rockefeller proposed and
signed into law legislation that would come to be known as
the Rockefeller Drug Laws (RDL).
• The RDL consisted of three major provisions:
• Mandatory and long indeterminate prison terms based on the
weight of the narcotic
• Restrictions on plea bargaining
• Mandatory prison sentences for repeat offenders.
Source: Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.
Sentencing
• The RDL established three levels of drug offenders:
Class
Definition
Minimum
Maximum
AI
Sale of one ounce or
possession two
ounces.
15 years to life
25 years to life
AII
Sale of 1/8 of an ounce 6 years to 8 1/3
or possession of one to
two ounces.
Life Imprisonment
AIII
Sale of less than 1/8 of 1 year to 8 1/3
an ounce or
possession of up to
one ounce.
Life Imprisonment
Source: Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.
Initial Reforms
• In 1979, facing growing criticism from both liberals and
conservatives, the NYS legislature increased the weight of
drugs required to trigger the 15-year-to-life sentence for both
sale and possession of drugs.
• The legislature also reduced penalties for marijuana
possession
• In 1988, in response to growing concerns over drug related
violence, the legislature lowered the drug weight threshold for
cocaine possession.
Sources:
• Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.
• Gray, M. (2009). A Brief History of New York’s Rockefeller Drug Laws. Time, Retrieved July 23rd, 2012
http://www.time.com/time/nation/article/0,8599,1888864,00.html
Outcomes
• The Rockefeller Drug Laws did not curb crime or drug use.
• The Rockefeller Drug Laws had negative and disparate effects
on prison populations
Sources:
• Drucker, E. (2002). Population Impact of Mass Incarceration under New York’s Rockefeller Drug Laws: An Analysis of Years of Life Lost. Journal of Urban
Health: Bulletin of the New York Academy of Medicine, 79 (3): 434-444.
• Walker, S. (2006). Sense and Non-Sense about Crime and Drugs. 6th Edition. Belmont, CA: Thomson-Wadsworth.
Effects on Prison Population
Sources:
• Prison Policy Initiative: http://www.prisonpolicy.org/importing/importing.html
Racial Disparities
• Offenders sentenced under the RDLs were disproportionately
Black and Latino.
Caucasian
African
American
Latino
1980
32%
38%
29%
1992
5%
50%
44%
Modern Reforms (2004)
• On December 7th, 2004 the NYS Legislature under thenGovernor Pataki passed the first modern reform:
• Sentences for drug crimes switched to a determinate sentencing
model.
• Established three levels of offenders: first felony offenders,
second felony offenders with a prior non-violent felony
conviction, and second felony offenders with a prior violent
felony conviction.
• Eliminated life sentences.
• Doubled weight thresholds needed to trigger mandatory
incarceration.
• Allowed for resentencing for A-I Drug Felony offender sentenced
before the reform.
• Established 1/7th merit time for drug offenders in addition to
their eligibility to earn 1/7th “good time” credit.
Sources:
• Maggio, E.J. (2006). New York’s Rockefeller Drug Laws, Then and Now. NYSBA Journal, 78 (9): 30-34.
• Rosenthal, A. (2005) A Guide to Rockefeller Drug Reform: Understanding the New Legislation. Retrieved on July 27th 2012 from the Justice Strategies
website: http://www.communityalternatives.org/pdf/sentencing_guide.pdf
Modern Reforms (2009)
• In April 2009, then-Governor David Paterson signed the most
recent legislation reforming the Rockefeller Drug Laws:
• Removed mandatory prison terms for individuals convicted
of first time B, C, D, & E drug felonies.
• Removed mandatory prison sentences for individuals
convicted of second time C, D, & E drug felonies.
• Reduced penalties for certain offenders:
• Reduced minimum penalty for second time Class B drug offenders
with a prior non-violent record from 3 ½ years to 2 years.
• Reduced minimum penalty for second time Class C drug offenders
with a prior non-violent record from 2 years to 1 ½ years.
Source: Drug Policy Alliance. (2009). New York’s Rockefeller Drug Laws: Explaining the Reforms of 2009. Retrieved July 27th, 2012 from the Drug Policy Alliance website:
http://www.drugpolicy.org/docUploads/Explaining_the_RDL_reforms_of_2009_FINAL.pdf
Modern Reforms (2009) Cont.
Source: Center for Community Alternatives (2009). 2009 Rockefeller Drug Law Reform Sentencing Chart. Retrieved August 2nd, 2012 from the Center for Community
Alternatives website: http://www.communityalternatives.org/pdf/Sentencing-Chart-for-Drug-Offenses-b&w-0810.pdf
Outcomes