April 2009
The Rockefeller Drug Law Reforms: An Important Step Toward Treatment-focused Solutions
The New York State Legislature recently passed major reforms to the Rockefeller Drug Laws, which were originally intended to place mandatory minimum sentences on drug offenders. The repeal of these laws—which often meant long prison sentences even for first-time and low-level drug offenders—has sparked much debate and discussion over the most effective way to punish, rehabilitate, and treat drug offenders in our criminal justice system. While opinions vary on sentencing, the positive impact of the repeals on the State’s fiscal health and efforts to effectively treat people living with substance use issues must be acknowledged.
According to the Correctional Association of New York, nearly 12,000 drug offenders live in New York State prisons at a cost of more that $525 million per year to the State and its taxpayers. While incarceration is unavoidable and essential in many drug-related crimes, numerous studies have found that treatment is far more effective than imprisonment for low-level drug offenders with substance use problems, while also coming at a lower cost to the State.
The estimated cost of keeping an inmate in prison in New York State for one year is roughly $44,000. In comparison, the cost of most outpatient drug treatment runs between $2,700 and $4,500 per person per year; and the cost of residential drug treatment is $17,000 to $21,000 per participant per year—still less than half the cost of incarceration. In fact, a recent report by the Legal Action Center showed that the State could save almost $270 million annually from an overhaul of the Rockefeller Drug Laws.
Especially during these challenging financial times, such savings have the potential to be an enormous boost for New York State in the long term. But beyond the obvious economic impact, repealing the Rockefeller Drug Laws makes sense from a public health perspective by effectively treating people living with substance use problems.
Previously, judges did not have the authority to use their own discretion when sentencing non-violent, low-level drug offenders. Under the recently passed reforms, judges can make informed decisions about the best way to rehabilitate individuals. Using their discernment, judges will now have the option of choosing drug treatment programs when it is an appropriate alternative to imprisonment. Giving judges the authority to make well informed decisions will increase the likelihood of individuals with substance use issues accessing a critical range of services and treatment options necessary to put them on the path to recovery and reintegration.
As judicial discretion and appropriate sentencing result in an increase in drug treatment programs for those living with substance use problems, fewer individuals will be caught in the revolving door between substance use and the current justice system.
A focus on treatment, rather than punishment, will effectively end the cycle of addiction and recidivism that affects individuals and communities across New York State.
James R. Knickman
