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New York's Rockefeller Drug Laws The Fortune Society UNJUST AND COUNTERPRODUCTIVE New York’s Rockefeller Drug Laws © 2004 Physicians for Human Rights and The Fortune Society All rights reserved. Printed in the United States of America ISBN: 1-879707-44-6 Design: Glenn Ruga/Visual Communications CONTENTS Acknowledgments .......................................................................v I. Executive Summary ...........................................................1 Purpose of the Study ...................................................................1 Background.................................................................................2 Cycling In and Out: LY's Story ...................................................4 Methods of Investigation ............................................................6 Findings ......................................................................................7 Key Recommendations..............................................................11 II. Introduction.....................................................................13 Rockefeller Drug Laws in New York.....................................13 "Fifteen Years to Life" The Case of Anthony Papa..................21 Parole................................................................................21 The Social and Economic Effects of the Rockefeller Drug Laws ..22 One Woman's Story: DS ......................................................28 III. Findings...........................................................................31 IV. Life Before Prison ...........................................................39 Childhood experiences ........................................................40 Adult Life before Prison.......................................................45 V. Prison Experiences...........................................................49 Arrest and Conviction .........................................................50 Prison Environment ............................................................52 Drug Treatment, Educational and Vocational Programs in Prison .57 Prison Experience and Impact on Health ...............................60 Prison and the Family..........................................................63 VI. Re-entry...........................................................................65 Living Conditions upon Re-entry..........................................66 Attitudes and Expectations toward Rehabilitation ..................67 Employment.......................................................................69 iii VI. Re-entry (cont.) Reconnecting: Family and Social Networks............................70 Drug Use and Trade ............................................................72 Parole Supervision ..............................................................73 VII. Existing Alternatives........................................................75 Types of Drug Treatment .....................................................75 The Cycle of Addiction, Recidivism and the Criminal Justice System...............................................................................76 Alternatives to Incarceration ................................................78 Important Caveats to Alternatives to Incarceration .................83 VIII. The War on Drugs in the United States............................85 IX. Application of Relevant International and Domestic Laws..........................................................89 United States Law...............................................................89 International Human Rights Law .........................................91 X. Conclusion and Recommendations..................................95 Recommendations ..............................................................99 Appendix I ..............................................................................105 Appendix II .............................................................................107 Appendix III............................................................................111 iv NEW YORK’S ROCKEFELLER DRUG LAWS Acknowledgments This report was written by Rachel Porter, Graduate Center, City Univer- sity of New York; with contributions by Ingrid Tamm, MA, Research Associate, Physicians for Human Rights (PHR); Jennifer Lin, MHS, Senior Director of Research and Evaluation, The Fortune Society (For- tune); Douglas Ford, JD, Former Senior Research Associate, PHR; and Vincent Iacopino, MD, PhD, Director of Research, PHR. The report was edited by Ms. Tamm, JoAnne Page, JD, Executive Director, Fortune; Dr. Iacopino and Chen Reis, JD, MPH, Senior Research Associate at PHR. Research was conducted by Steven Caughman, Fortune co-interviewer; Mr. Ford; Derrick Harrington, Fortune co-interviewer; David C. Leven, JD, former Executive Director, Prisoners’ Legal Services of New York; Paul Rocklin, JD, Program Associate, PHR; Ms. Porter; Stanley Richards, Deputy Executive Director, Fortune; and Kenneth White, Fortune co- interviewer. The report was reviewed by Barbara Ayotte, Director of Communica- tions, PHR; Robert L. Cohen, MD; Ernest Drucker, PhD, Montefiore Medical Center and the Albert Einstein College of Medicine; Gina Cum- mings, Director of Constituency Outreach, PHR; Leonard S. Rubenstein, JD, Executive Director, PHR; Susannah Sirkin, MEd, Deputy Director, PHR. Thanks also to Jim Cho of Families Against Mandatory Minimums (FAMM) for providing the authors with FAMM case files to PHR intern Lisa Kehe for her research assistance and Erica Perel for legal analysis. Physicians for Human Rights and The Fortune Society thank all those who participated in the study and shared their stories. We are deeply grateful to the JEHT Foundation and to the Open Society Institute for their financial support of this study. v vi NEW YORK’S ROCKEFELLER DRUG LAWS I. EXECUTIVE SUMMARY Purpose of the Study New York’s Rockefeller drug laws were created to deter drug crimes by establishing some of the toughest mandatory minimum prison sentences in the nation. But as the findings of this study illustrate, the compulsory sen- tencing under Rockefeller drug laws has failed to reduce recidivism. Instead, the laws have resulted in individuals, the majority of whom are minorities struggling with drug use and poverty, trapped in a cycle of prison time and unsuccessful reintegration into society. Lengthy manda- tory sentences and, more commonly, the cumulative effect of multiple incarcerations for low-level drug crimes, have a devastating effect on indi- viduals, their families and their communities and are often disproportion- ate punishments to the crimes committed. The State of New York maintains tougher mandatory minimum sen- tences for some repeat felony drug offenders than for offenders convicted of rape or attempted murder. As a consequence, New York’s prisons are filled with people convicted of drug felonies. In 2003, nearly 38 percent of people sent to state prison went for drug offenses.1 Most political and media attention has focused on long sentences handed down to the most severe category of offenders. But the majority of people incarcerated for drug offenses in New York state prisons are con- victed of lower level felony offenses, as were the people interviewed for this study. Little survey work has been done to paint a full picture of the persons who are incarcerated by these laws, including their lives before prison, their experiences during and after incarceration, and the effects of imprisonment on their families and communities. Physicians for Human Rights and The Fortune Society conducted qualitative interviews with fifty men and women who served at least one year in a New York state prison for a nonviolent drug offense. 1 For trends of prison commitments between 1980 and 2003, see The Correctional Associa- tion of New York, Trends in New York State Prison Commitments, Correctional Associa- tion, February, 2004. EXECUTIVE SUMMARY 1 Prison experiences do not provide individuals with the skills, treatment or support networks that they need to break the cycle and often even rein- force drug use and criminal activity. Seventy percent of the people inter- viewed for this report had attempted re-entry into society on parole before their most recent release and had then been either returned to prison for a new crime or for a parole violation. Everyone interviewed for this study was a drug user and nearly every- one struggled with addiction. Drug use and addiction represent a formida- ble public health problem in addition to other social, economic and political challenges. Yet drug addiction is treated first as a law enforce- ment problem in New York and in the United States as a whole. All too often, the public health and poverty implications of the drug trade are ignored or treated with inadequate resources. Physicians for Human Rights and The Fortune Society recommend that the State of New York reform the Rockefeller drug laws by granting judges discretion to depart from statutory sentencing ranges, especially in cases of nonviolent drug felony offenses where people are not involved as major players in drug crimes. The groups also recommend that the State of New York work to expand, strengthen and improve alternatives for incar- ceration, especially for people who need drug treatment. Ending the cycle involves judicial discretion not only for departing from mandatory sen- tence ranges but also the discretion to divert offenders to treatment pro- grams rather than prison. Background Enacted in 1973 under New York’s Governor
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