Amazing that it took as long as it did. The changes made to the drug laws in New York State went into effect Wednesday. Placing discretion back in it's rightful place. With the judges.Having the ability to place non-violent drug offenders into treatment centres rather than the traditional incarceration facilities has been a continued plea by most judges throughout the state since the draconian laws went into effect.
The Rockefeller Drug Laws dictated a "One sentence fits all" approach to be administered by the courts. These modifications eliminate some mandatory minimum sentences that judges were limited to, and gives them the option of allowing eligible drug-addicted defendants to participate in a treatment programs.One of the few notable comments from our Governor came in the form of a quote: “Under the Rockefeller Drug Laws, we did not treat the people who were addicted; we locked them up under some of the nation’s harshest sentences. Families were broken, money was wasted and we continued to wrestle with the statewide drug problem.”
Don't think there wasn't strong opposition to the changes. From what I've read, the state's District Attorneys Association opposed the legislation with a passion. The DAA is uncomfortable having Judges make decisions that may differ to what they consider hard line penalties. They cite the lack of clear standards set for drug treatment statewide.
From what public health and rehab officials have told me, we greatly under-utilize our drug rehab options and instead favor the "Lock Em Up" mentality that developed since the 70's. We've since filled our county jails across the state with non-violent drug addicts that could have been treated and sent out to have productive lives.
Instead, we have 20 something pot-heads doing time and then after serving, release a hardened criminal back to society. If you look this up on the AP you'll see there are about 2,000 felons that could presumably petition to have their cases reconsidered, whereas the courts would have to weigh these new standards in doing so. Half are from the NY Metro area.
I guess this brings an additional question to the Ulster County Jail issue. Our push to build a new one was predicated on the idea that we didn't have the space to serve our needs in incarceration. (that and the poor conditions) With the possible decrease in Felony charges and more toward the rehabilitation of the non-violent offenders, will this open up more space at the jail?














































