New York Laws and Programs

Rockefeller Laws

Beginning in 1973, New York State's Rockefeller Drug Laws legislated mandatory and harsh sentences for both drug users and drug sellers with no judicial discretion permitted. The initial purpose of the laws was to send drug criminals to jail for extended periods of time, even for minor offenses. These laws were amended in 2004 and 2005 to eliminate the harshest mandatory penalties. However, in 2010, major changes occurred to radically revise the laws after the Democrats gained control of the New York State legislature and were able to pass sweeping revisions.

The major reform of the Rockefeller Laws eliminates mandatory harsh sentences by giving judges total discretion to divert nonviolent addicts to treatment, and greatly expanding drug treatment programs. The law now focuses on the drug kingpins who receive the harshest punishments, and provides appropriate services to nonviolent addicted offenders needing treatment. It also encourages more use of drug courts with specially trained personnel. Judges will be able to mandate more intensive supervision and frequent drug testing for clients of these courts.

Drug Courts

New York operates 11 drug courts throughout the state. Specialized drug courts conduct better assessments, provide more effective referrals to appropriate services, and provide closer monitoring of offenders leading to lower recidivism rates.

A comprehensive 2003 analysis of the impact of drug court policies and participant characteristics found significant benefits for the use of these specialized court systems. All six drug courts, which are situated in different parts of the state (the New York City boroughs of the Bronx, Brooklyn, and Queens; Suffolk county on Long Island; Syracuse; and Rochester), produced recidivism reductions compared with conventional case processing in nonspecialized courts. Overall, drug cases generated an average 29 percent recidivism reduction over the three-year post-arrest period and an average 32 percent reduction over the one-year post-program period.

Drug courts use a variety of different methods with a focus on community-based treatment. Services offered include: ongoing drug testing; case management visits; sessions before a skilled judge, and rewards and sanctions in response to success or failure to comply with the drug rehabilitation program. Most significantly, the study found that: specialized drug court participation resulted in lower recidivism three years after the initial arrest. Even just graduating from a specialized drug court program also resulted in lower recidivism rates. Drug courts can be quite efficient and effective; they may handle cases quickly, which then puts participants into drug treatment programs in a timely manner.

The ability to remain in a drug treatment program is an important criterion for success. The court-mandated treatment programs had high rates of retention exceeding a national average of 60 percent; [Page 579]five New York State courts exceeded 70 percent for one-year evaluations; these high retention rates also remained consistent for the three-year follow up studies completed.

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