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  #1  
Old 08-01-2004, 01:36 PM
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Arrow Rockefeller Drug Law Information

N.Y. May Reform Rockefeller Drug Laws - from The Guardian

Friday June 4, 2004 9:31 AM


By JOEL STASHENKO

Associated Press Writer

ALBANY, N.Y. (AP) - New York lawmakers are ready to roll back the state's infamously harsh Rockefeller drug laws if they can agree on how to reform mandatory sentences for less serious drug violations.

This week, members of a legislative conference committee verbally agreed to reduce the 15 years-to-life mandatory sentences for the most serious offenses to as little as 3 to 10 years.

Gov. George Pataki and most legislators have called it an injustice that a first-time offender could face a life sentence for possessing as little as 4 ounces of a controlled substance or for selling only 2 ounces.

``We have never gotten this close to an agreement,'' said state Sen. Dale Volker, the committe's Republican co-chairman. ``Now we are right down to the nitty gritty.''

The sticking points between the Republican-controlled Senate and the Democrat-controlled Assembly both address the issue of treatment for nonviolent offenders.

The Assembly wants those offenders to get treatment, in many cases with no prison time, and wants to remove the veto power that district attorneys now have over courts' decisions to send offenders to treatment.

The Senate opposes both steps.

Letting offenders avoid prison entirely under drug law reform would represent a ``dramatic change in our entire sentencing scheme,'' Volker said.

``You're absolutely correct,'' said the committe's other co-chairman, Democratic Assemblyman Jeffrion Aubry, arguing that such sweeping change is needed.

Republican senators also say prosecutors need the threat of longer prison sentences to give offenders incentive to successfully complete treatment.

New York spends more than $500 million a year to incarcerate nonviolent drug offenders, many of whom can rebuild their lives faster if they receive treatment, said Michael Blain of the Drug Policy Alliance, an organization that espouses reducing both drug misuse and drug prohibition, and promoting the sovereignty of individuals.

``We're talking about human lives and wasted resources,'' Blain said Thursday. ``These people, we call them inmates, thugs, convicts, but they are brothers, fathers, sisters, mothers of someone. That's what's on the table now.''

Twenty-seven states have rolled back mandatory minimum sentences for drug offenses, liberalized drug treatment options or otherwise eased drug statutes in the last year, Blain said.

Former Gov. Nelson Rockefeller pushed the statutes through the New York Legislature in 1973 and 1974, at a time when he felt the state's inner cities were being lost to heroin addiction and judges were balking at imposing stiff sentences on drug offenders.

About 2,000 inmates are serving up to life in New York prisons under the Rockefeller drug laws. More than 13,600 others are serving shorter mandatory sentences for less-severe drug violations.
-------
'Disgusted' with drug-law fight
Aubrey frustrated at failure of latest effort to ease Rockefeller laws, but sees benefit in increased exposure that the battle brought

BY WILLIAM MURPHY
STAFF WRITER

July 2, 2004

The legislative gridlock in Albany has left one Queens lawmaker frustrated again.

Assemb. Jeffrion Aubrey (D-Corona) was clearly dismayed that he could not help forge an agreement with Senate Republicans that would ease what both sides agree are overly harsh drug laws passed during the 1970s at the insistence of then-Gov. Nelson Rockefeller.

"When I'm in the fight, I'm never tired. But when it's over, you get tired, you get disgusted," Aubrey, a six-term incumbent, said in a recent interview.

He said he became heavily involved in trying to reform the laws in the 1990s when he became chairman of the Black and Puerto Rican Caucus.

It was also a natural outgrowth of his work on the Standing Committee on Correction, his job for 16 years at Elmcor Youth and Adult Activities, a nonprofit group in Corona.

"The Rockefeller drug laws became a natural place to arrive. I've been at it about nine years I guess," Aubrey said.

He thought there might be a better chance this year when separate bills passed by the Assembly and Senate were referred to a conference committee for the first time.

Aubrey chaired the conference and thought a compromise was possible. Some Republican members, while willing to compromise, said they would not allow what one Republican called "a jailbreak." In the end, they all adjourned, leaving the bill in limbo.

"This is two steps progress, one step back," Aubrey said. Nonetheless, he thought the public meetings of the conference committee "raised the level of exposure to this bill and what it means."

Copyright © 2004, Newsday, Inc.

-----
Consequences of New York’s Rockefeller drug laws
Rotting away in prison

July 23, 2004 | Page 6

THE NEW York state legislature failed again this June to make changes in the state’s Rockefeller drug laws, even though nearly all lawmakers agree that they are draconian. The laws--passed in the 1970s at the insistence of Gov. Nelson Rockefeller--impose mandatory minimum sentences for all kinds of drug offenses. The mandatory sentence for possession of as little as four ounces--or selling as little as two ounces--is 15 years to life. Smaller amounts still carry mandatory sentences of five years or more, and judges aren’t allowed to intervene to lower them.

The Rockefeller laws have filled the New York prison system to overflowing. Some 38 percent of prisoners are serving time for drug offenses, and an incredible 93 percent are Latinos or African Americans. Many state politicians--Democrats and Republicans alike, including Gov. George Pataki--agree the drug laws are too harsh.

But the desperately needed reforms have been blocked due to lobbying by prosecutors--who have enormous power thanks to the Rockefeller laws--and political pressure from predominantly white communities in upstate New York that have benefited from the prison-building boom that went along with the race to incarcerate minority drug offenders.

ANTHONY PAPA is a victim of the Rockefeller drug laws. He served 12 years of a mandatory 15-years-to-life sentence for drug possession before winning clemency in 1997. After his release, he helped to found New York Mothers of the Disappeared, which has organized against the racist war on drugs. He is the author of 15 to Life, to be published by Feral House later this year. Anthony wrote this article after the latest negotiations over reforming the Rockefeller laws broke down with no progress.

ONCE AGAIN, the legislature of New York state has failed to come to an agreement to change the Rockefeller drug laws. The Associated Press reported that the Senate's chief representative on a conference committee, state Sen. Dale Volker, accused Assembly Democrats of wanting to engineer a "jail break" by easing punishments too much for some offenders. This is the same individual that has a handful of prisons in his district, which are full of nonviolent drug offenders from the inner city.

According to the Drug Policy Alliance, 27 other states have made changes in similar laws in the last year, resulting in saved tax dollars and saved human lives. The best reported piece that showed the dysfunctional ways of the legislature was a recent New York Times article pointing out that finally, for the first time, the legislature was going to open its doors to the public to view legislative hearings, which traditionally have been held in secret. Well, they should have kept the doors closed, because now we had a chance to see politics at its worst.

The Republicans and Democrats argued for hours and could not come to an agreement on how to agree. Assemblyman Jeff Aubrey, who is the co-chair of a conference committee to change the Rockefeller Drug laws, described it "as a way of setting up what is on the table in real terms, so that we can know that we are getting something done." But a few days later, the state Senate's Republican majority said it saw no purpose in continuing the conference committee.

To people outside the loop, this is seen as the standard trend in New York’s dysfunctional political process. One group of protesters in wheel chairs was so angry at the quagmire preventing things from getting done that they recently barricaded lawmakers in a hearing room in Albany, N.Y., forcing the Capitol police to rescue the legislators.


ROCKEFELLER DRUG law reform is an issue that has been tossed around between the legislature and the courts for the last 31 years without any positive result. In the early years, the legislature kept the gloves on between the two parties, blaming the court system instead. Lawmakers said that the judicial process should change the Rockefeller drug laws. Let the courts declare these laws unconstitutional, they cried--a convenient way to evade responsibility.

The New York Court of Appeals, the highest court in New York state, in turn, refused to address the issue and sternly declared that it was a matter the legislature should decide. God forbid the laws be declared unconstitutional. The judicial system would be bankrupted by the thousands of lawsuits filed by criminal defendants.

After this judicial blow to the midsection, the legislature began dueling between the two parties. Each blamed the other for not changing the laws, while the governor danced around the issue. Do you blame the legislature or the governor for shedding responsibility? Who wants to get caught advocating for change on an issue that could ruin an individual’s career, because they would look "soft on crime"? And let’s not forget the district attorney’s offices, which have been the most outspoken group against any type of change. The same individuals live and die by their rates of convictions.

However, let’s look at the reality of the consequences. Thousands of individuals are rotting in prison under these laws--which also affects thousands of families outside of the prison walls. Hey politicians, doesn't this matter?

The Wall Street Journal, in an op-ed article, just reported that the former drug czar of the U.S., Gen. Barry McCaffrey, co-authored an article calling for an end to New York’s Rockefeller drug laws. Ten years ago, I appeared along with him on a television show that found draconian drug laws were a violation of human rights. I was serving a 15-years-to-life sentence for a first-time, nonviolent drug crime under these laws.

I remember as clear as a bell the stern look on the general's face when he declared, "You can't lock your way out of the problem". In New York, it seems that this is untrue--especially if you keep filling your prisons with drug offenders. Since 1982, 33 prisons have been built in rural upstate communities, primarily in Republican districts.

SO WHAT do we do to solve the problem of New York's dysfunctional political process caused by its politicians? I think I have the answer.

In 1998, Families Against Mandatory Sentencing (FAMM) held a convention called "Metamorphosis" in Washington D.C. Its theme was change and transformation, and several speakers were former politicians who had fallen from grace. Among them was Webster Hubbell, who was a part of the Clintons’ Whitewater scandal. Hubble, an associate attorney general of the U.S., wound up doing time for a white-collar crime. Not serious time, but nevertheless, enough to get a taste of imprisonment.

He spoke of how his thought process about the system dramatically changed while sitting in a jail cell during a prison lockdown. The federal government had just passed crack cocaine legislation, which led to several federal prison riots. As Hubbell sat in his cell like a caged animal, his mind opened up, bringing up his past. It made him remember a day when he signed a similar lockdown order that would affect thousands of prisoners. This was his road-to-Damascus experience that led him to be an agent of change to seek a better system.

As he spoke, I turned to another ex-prisoner and said, "This is it, this is how we change the system. We pass a law that makes it mandatory to spend some time in a jail cell before taking a political position or governmental office." Maybe then, the system would benefit the people, instead of those in power.
from the Socialistworker.org

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Families Against Mandatory Minimums
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Old 12-08-2004, 05:52 AM
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Default Rockefeller Drug Laws

Gov Pataki promised to sign a bill into law slashing sentences for nonviolent offenders and giving many a long shot at freedom.

Key Changes to the Rockefeller Drug Laws
*Sentences for top-grade felony offenders would be cut from a mandatory 15 years to life to "determinate" sentences ranging from 8 to 20 years. With credit for "good time", most offenders would be released in less than 7 years.

*Sentences for most non-violent drug offenders, those facing B felonies would be reduced to 3 1/2 years, down from the current minimum of 4 1/2 to 9 years.

* Some 400 inmates now serving the longest drug sentences 15 years to life would be released soon because of a provision allowing them to be resentenced.

*Drug offenders could be sent to community-based treatment programs 6 months sooner than current laws.

* Most non-violent drug offenders could earn more merit time in jail through drug treatment or completing education and vocational courses.

A long awaited victory that many have been waiting for that has been tough on many families. The bill was approved by the Assembley 96-41 and the Senate 53-6. Good luck to all who have been waiting for this bill to pass.
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Old 12-08-2004, 01:34 PM
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Peace....Thank you for sharing....this is a step in the right direction! Blessings...
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Old 12-08-2004, 04:30 PM
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Default FAMM News Flash: New York State to reduce some drug sentences

New York State to reduce some drug sentences


Dear friends,

The eyes of the nation are on New York, as state lawmakers take an important step toward reform of the state's notoriously harsh Rockefeller drug laws, thanks to the tireless efforts of thousands of advocates and family members.

On Tuesday, December 7, the Assembly and Senate both passed a bill to reform New York state's harsh Rockefeller drug laws and Governor Pataki pledged to sign the reforms. According to press reports (scroll down for news links):

- The bill brings an end to the Draconian mandatory 15-to-life sentences for the highest-level drug offenders (Class A1 and A2), reduces the sentence for those same offenders to 8 to 20 years in prison; and will allow more than 400 prisoners serving those penalties to apply to judges to get out of prison early.

- The bill doubles the weight of drugs an offender must possess or intend to sell to trigger prison sentences.

- The bill also slightly reduces sentences for nonviolent, lower-level Class B offenders and increases opportunities for Class A2 and B offenders to reduce their sentences through earned merit time.

- The bill also increases sentences for offenders with prior felony convictions. It does not return sentencing discretion to judges. It does not provide an option for treatment instead of incarceration for the lowest-level offenders or expanded funding for treatment - both crucial elements of the comprehensive reform sought by advocates.

The bills' passage comes after decades of struggle to reform the notoriously harsh and ineffective Rockefeller drug laws, and represents significant progress after years of legislative inaction. The Rockefeller drug laws are now the highest- profile mandatory drug laws in the country and this reform adds important momentum to the national movement toward smart on crime sentencing policies.

FAMM commends the advocates, prisoners and their family members, and legislators who have worked so doggedly for so long to pass these reforms.

The fight for smart sentencing laws in New York will go on. FAMM will continue to support efforts to return discretion to judges to determine fair and appropriate sentences, including treatment instead of incarceration for low-level, nonviolent addicted drug offenders.

New York FAMM members - please contact your own lawmakers, thank them for supporting the reform bill and urge them to continue the fight for full reform. Click here for information on how to contact them.

Sincerely,

Laura Sager
FAMM National Campaign Director

NEWS LINKS

New York State Votes to Reduce Drug Sentences
New York Times, NY - 15 hours ago
By MICHAEL COOPER. ALBANY, Dec. 7 - After years of false starts, state lawmakers voted Tuesday evening to reduce the steep mandatory ...



State KOs toughest drug laws
New York Daily News, NY - 9 hours ago
BY JOE MAHONEY and TRACY CONNOR. State lawmakers scrapped some of the harshest Rockefeller drug laws yesterday - slashing sentences ...



New York Votes to Ease Mandatory Sentences
Los Angeles Times (subscription), CA - 10 hours ago
ALBANY, NY — State lawmakers voted Tuesday to scale back some mandatory sentences under New York's stringent drug laws, which could send a person to prison ...



Lawmakers agree on sweeping changes to the state's harsh ...
Newsday, NY - 10 hours ago
BY ERROL A. COCKFIELD JR. ALBANY - The State Legislature broke one of its longest-standing deadlocks yesterday when it reached a ...



Legislators vote to ease drug laws
Buffalo News, NY - 4 hours ago
By TOM PRECIOUS. ALBANY - After years of controversy and debate, the State Legislature voted Tuesday to relax the state's tough, Rockefeller-era drug laws. ...



Legislators vote to ease drug laws
Buffalo News, NY - 4 hours ago
By TOM PRECIOUS. ALBANY - After years of controversy and debate, the State Legislature voted Tuesday to relax the state's tough, Rockefeller-era drug laws. ...



Drug law deal raises debate
Albany Times Union, NY - 8 hours ago
By ELIZABETH BENJAMIN, Capitol bureau. ALBANY -- Depending on who you talked to Tuesday, state lawmakers either broke a long-standing ...



Tentative deal on easing some mandatory drug sentences
Newsday, NY - 22 hours ago
ALBANY, NY -- Negotiators reached a tentative deal Tuesday to ease some of the harshest mandatory prison sentences under the state drug statutes that carry ...



BREAKING NEWS: Rockefeller Reform Heads to Gov. Pataki's Desk
Drug Policy Alliance, DC - 3 hours ago
Join the Drug Policy Alliance's work to promote drug policies based on science, compassion, health, and human rights. BREAKING NEWS ...
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Old 12-08-2004, 05:51 PM
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I think the signed the bill already!!! It was on the news today!!!
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Old 12-08-2004, 06:04 PM
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Default drop the rock article from daily news today

State KOs toughest drug laws



BY JOE MAHONEY and TRACY CONNOR
DAILY NEWS STAFF WRITERS

State lawmakers scrapped some of the harshest Rockefeller drug laws yesterday - slashing sentences for nonviolent offenders and giving hundreds of convicts a long-awaited shot at freedom.
The compromise bill passed by the Senate and Assembly guts the most draconian penalties on the books but stops short of a full repeal of statutes enacted into law by Gov. Nelson Rockefeller in the 1970s.

Gov. Pataki, who thanked hip-hop mogul Russell Simmons for helping to forge a deal, called the bill a "historic" measure and promised to sign it into law.

"It reflects a greater knowledge than what we had 30 years ago" about how to deal with the scourge of drug use, he said.

Others were less enthusiastic, saying the legislation is but a small step in the right direction.

"This is not a huge win, but the fact that something is happening is better than nothing," said reform advocate Randy Credico.

In the most dramatic change, the mandatory 15-years-to-life prison term was scaled back to eight years - and some 400 offenders serving the max can now petition a judge for reduced sentences and possible release.

"This news is going to be one helluva Christmas present for a lot of people," said Wanda Best, a Manhattan woman whose husband is doing 15 to life. "It's a godsend for a lot of boys and girls. Even if Santa Claus doesn't come to their house, at least their mommy or daddy will be coming home."

Under the old laws, Best's husband, Darryl, who was convicted in 2001 of accepting a FedEx parcel of cocaine, would have to serve at least 15 years. With yesterday's vote, he might be out after seven. "Instead of my being 65 when he gets out, maybe I can be 60," his wife said.

State leaders have long agreed that the Rockefeller laws - with their mandatory minimums and life terms - are excessively tough on low-level drug offenders.

But the Democrat-controlled Assembly and the GOP-led Senate have been at odds over how far to go in reforming the laws.

Republicans only wanted to roll back the longest sentences, while Democrats were pushing to reduce terms for less serious drug crimes, too.

The GOP got its way after agreeing to shelve proposals that would have upped the punishment for drug kingpins and given judges more discretion at sentencing.

The bill was approved by the Assembly, 96-41, and the Senate, 53-6, and some pols on both sides of the aisle were dissatisfied.

Assemblyman David Townsend Jr. (R-Oneida) derided the reforms as a "get-out-of-jail-free card" that will free the "worst of the worst."

State Sen. Thomas Duane (D-Manhattan), on the other hand, was incredulous that the bill contained no funding for drug treatment programs. "We should be ashamed of ourselves," he said. "Rockefeller drug reform - ha! - I don't think so."
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Old 12-08-2004, 06:23 PM
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I merged these all together and made this issue a sticky, it seems we have a need for a place to post information on the Rockerfeller Drug Laws. Thanks for all the information here everyone.
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Old 12-15-2004, 05:31 PM
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Am New York....December 15th Gov Pataki signs bill to ease harsh drug laws...
http://www.nynewsday.com/other/special/amny/


New York State Reconsiders Harsh Rockefeller Laws http://www.csdp.org/news/news/newyork.htm this is a good sight as well
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Old 12-15-2004, 05:48 PM
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NYTimes:Changes Made to Drug Laws Don't Satisfy Advocates December 9, 2004

Changes Made to Drug Laws Don't Satisfy Advocates

By LESLIE EATON and AL BAKER

By finally tackling New York State's three-decades-old drug sentencing laws - considered among the most severe in the nation - the State Legislature has raised a lot of hopes and plenty of questions among prisoners, their families, and their lawyers.

It has also raised fears among advocates for prison reform, who contend that the changes enacted to the Rockefeller drug laws on Tuesday are relatively modest, but may nevertheless reduce public pressure for a more comprehensive overhaul in the way New York treats drug offenders.

Indeed, to some advocates, the new bill is not even half a loaf, but more like a heel of bread, which will leave many prisoners and their families with dashed hopes.

"The important message to get out is that the laws are virtually as harsh as ever," said Robert Gangi, executive director of the Correctional Association of New York, a prison watchdog group. For example, he noted, judges must still sentence drug offenders to prison, rather than to alternatives like drug treatment.

But if New York still has some of the longest mandatory drug sentences in the country, "I think they should be," said Senator Dale M. Volker, a Republican from western New York who was in office in 1973 when Gov. Nelson A. Rockefeller pushed for laws to fight a growing heroin scourge.

Chauncey G. Parker, director of criminal justice services for the state, said that people arrested for felony level drug offenses have an average of three previous felony arrests and four prior misdemeanor arrests.

The new legislation, which Gov. George E. Pataki has pledged to sign, will reduce minimum sentences for drug offenses. For example, first-time offenders convicted of a Class A-1 drug felony, who under current law must receive a minimum sentence of 15 years to life in prison, would instead generally face terms of less than eight years.

In cases of drug possession, rather than sales, the new law also doubles the amount of heroin, cocaine and some narcotics that automatically turn cases into top-level felonies.

But the most heralded change will affect prisoners who were sentenced to especially long sentences, as much as 25 years behind bars, and will now be able to petition the courts to have their lengthy sentences reduced to the new, lower levels.

According to data from the New York State Department of Correctional Services, that change could affect 446 prisoners.

That is only a sliver of the 15,600 felons imprisoned on drug charges. So many families who were cheering the Legislature's efforts are now deeply disappointed, said Randy Credico, director of the Kunstler Fund for Racial Justice and an organizer of the group Mothers of the New York Disappeared. He is faced with calling many of the group's members, he said, and tell them their children "are not coming home."

One of those mothers is Cheri O'Donoghue, who said that her son, Ashley, 21, pleaded guilty to a lesser drug charge upstate to avoid a possible life term in prison under the old law; in March, he was sentenced to serve 7 to 21 years and is now in Clinton Correctional Facility near the Canadian border and far from his home in Manhattan.

He is not eligible for the new reduction program.

"If you are going to reform the laws after all this time, and they are so harsh to begin with, then why not really reform them and reform them in a way that makes sense for someone like Ashley's situation, which is a lot of people?" she asked. "He is young and he really wants to come home and he is in shock."

Many families do not know whether their child or spouse or parent qualifies for the sentencing reduction program. But they hope.

In the Bronx, Jane L. Gooden has been waiting more than seven years for her youngest son, Timothy Merritt, to be released from prison. She said he was living with friends upstate when drugs were found in the apartment where he was staying; according to court records, in 1997 he pleaded guilty to one count of criminal possession of a controlled substance in Columbia County.

It is hard for her to travel to Ulster County to visit him at the Eastern Correctional Facility, said Ms. Gooden, who is 61. "I've been sick since he's been gone," she said, adding that her husband died recently. "So I lost one - but I'm gaining one."

Public defenders, who are likely to handle the vast majority of the resentencing efforts, are still trying to figure out how the process will work. While some cases will be straightforward, in others "a lot of advocacy will be involved," said Alfred A. O'Conner, a lawyer with the New York State Defenders Association. The Legislature promised the prisoners lawyers, but did not authorize any money for the effort, he noted. Still, he added, "it's a chore that we welcome."

Ronald L. Kuby, the defense lawyer who has a daily radio program on WABC with Curtis Sliwa, said that his phones had already started ringing with inquiries from clients, ex-clients and family members. "They want to know how does this affect them, what can we do?" he said. "I assume my experience is being duplicated and replicated" in lawyers' offices across the state.

So far, he added, he does have one likely candidate, Roberto Oms, a Miami construction worker with no criminal record who came to New York with some friends who were drug dealers - and four kilos of heroin. Indicted in 1999, he went to trial, arguing that he was "just along for the ride," Mr. Kuby said. The judge disagreed and sentenced him to 15 years to life.

But the judge, Rosalind Richter, noted that she had adjourned the sentencing "a number of times to see if the Legislature had any willingness, along with the governor, to come to some thoughts about reducing the mandatory sentences under what is known as the Rockefeller drug laws." And if they did so, she was willing to hear from Mr. Oms's lawyers, she said, according to a transcript Mr. Kuby supplied.

Many judges have long pressed for a change in the Rockefeller drug laws, including Chief Judge Judith S. Kaye of the Court of Appeals, the state's highest court, who has been advocating for a rethinking of the laws since 1999. "We do feel it is a major step forward," said Jonathan Lippman, chief administrative judge of the courts. But, he added, "We hope they continue to look at the whole issue of the Rockefeller drug laws."

Some defense lawyers wish the new law had gone further, but prefer to focus on the hundreds of people who could be freed soon, or at least sooner. One is Lisa Schreibersdorf, executive director of Brooklyn Defender Services, who said she had one client in his 60's who has already spent 19 years in prison. "Instead of having his old age in jail," she said, "he's got a chance to come home."
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Old 12-15-2004, 05:52 PM
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Pataki signed a Bill to make change to the laws...lowering some harsh sentencing...I am actually quite shocked by it.
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Old 12-15-2004, 06:03 PM
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I certainly agree it is better than nothing....but given how crazy these laws were ...the changes are not enough in my opionion...and by the way...thank you for all your work as a forum leader/moderator!
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Old 12-19-2004, 03:20 AM
robschula robschula is offline
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Question pataki drug law

im trying to find out if anyone knows if the new drug laws signed affect those on parole with a life bid. my husband was sentenced as a first time offender for drugs, he was sentenced 3 to life and he was 17 yrs old. hes on parole and been violated but i need to know how this affects his life thats behind him. what can i do or who do i call? id appreciate any advice on this. he was sentenced in 1991 and released from prison in 1998.

Last edited by robschula; 12-19-2004 at 03:22 AM..
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Old 12-21-2004, 01:07 PM
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It is finally about time they change this archaic and truly offensive piece of legislation that did absolutely nothing to deter drug use or curtail the drug trade in new yourk state for 30 some years. All it accomplished was to fill prisons, which apparently is the big business in new york state, ie: warehousing people. I could tell you stories from over the years but here is the sad part, I know men serving 25 to life sentences for a pound of marijuana, and a man serving 1 1/2 to 4 1/2 for murder which was reducable under plea bargaining yet the drug cases weren't. I iwsh i could sign this petition which apparently was submitted december 15th (?), but if my voice matters tell me where to go and I cetrtainly will even though I am not currently in new york state, I feel every voice makes a difference on matters like this and I will support any cause which brings changes to our system. I cewertainly was reponsible for alot of new law in new york such as dna post conviction reviews, challenging inneffective assistance of counsel on appeals ( see People v Rutter 1st department appellate division 1995 which is my actual case where my conviction was reversed after serving 15 years on a 27 1/2 to life sentence), as well as changes to administrative proceedures and rules over the years through litigation. I hope Rockerfeller laws are repealed and applied retroactively, and if I can assist please let me know through this thread or PM (sorry i am trying to catch up on everything in new york site here i never knew it existed!).
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Old 12-26-2004, 06:25 PM
robschula robschula is offline
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Question pataki drug law passed

im trying it find out what effect this has on those sentenced to 3 to life in 91 as a 17 yr old, did 7 yrs upstate and is now on parole. does this law effect the life with parole? hes suppose to do 3 good yrs. but does parole count of the life is removed? i hope theres someone who can shed some light on this for me.

Last edited by robschula; 12-26-2004 at 06:28 PM.. Reason: misspelling
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Old 12-28-2004, 11:55 AM
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Default How can my father appeal his decision based on this?

My father was sentenced to 1 & 1/2 to 3 on a drug possesion charge. Can his sentence be shortened by this and if so can anyone tell me how? What steps can I take to help[ his situation. PLease help me.
Jennifer
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Old 12-28-2004, 05:10 PM
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does anyone know where i can get a copy of the actual bill? I need to know what the bill actual says...my man and i are so anxious!thanks1
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Old 12-28-2004, 05:36 PM
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This may help

http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS

then search for article 220

and then near the bottom

Penal Law § P3TMA220

It looks like all NY laws are available on the web but its work to find them
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Last edited by titantoo; 12-28-2004 at 05:38 PM..
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Old 12-28-2004, 05:40 PM
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robschula and Jennifer;

I think those are questions to ask a lawyer, but you might also want to see if someone here can help or maybe in the Law Forum here on pto. Good Luck
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Old 01-09-2005, 03:04 PM
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Based on my understanding of the new changes, those with class A-II felonies down to E felonies will get an additional 1/6 off there time. that is the equivalent of 2 months off every year sentenced. That is in addition to the current merit time given to drug offenders. The qualifications are that they have to get their GED, do ASAT and have like 6 months of programming. and of course maintain a good disciplinary record. I havent been able to find the right person in albany who can explain this to me. but i found most of the information i know in the DOCs today. (that can be found in the DOC's website). It also said that they are "actively" trying to modify the system to identify those affected and adjust their times. So i go to the DOC's website on a daily basis to see if they have updated my husband's profile cause he was affected. I am happy with the changes, yet i know it could have been done a lot better and a lot sooner.


Quote:
Originally Posted by bornagnjen
My father was sentenced to 1 & 1/2 to 3 on a drug possesion charge. Can his sentence be shortened by this and if so can anyone tell me how? What steps can I take to help[ his situation. PLease help me.
Jennifer
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  #20  
Old 01-09-2005, 03:58 PM
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http://www.docs.state.ny.us/PressRel...004edition.pdf
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Old 01-09-2005, 11:43 PM
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I too am looking for the bill in it's entirety. If anyone has a link or copy please pm me.

Here's the really weird thing...last week I found the bill...A11895 without any problems. It was under the NYS Assembly home page. This was the link
http://www.assembly.state.ny.us/leg/?bn=A11895 I know this is the link because I emailed myself the site, so I would have it handy. It had an additional site that had ALL the info in laymans terms, and explained how everything would be broke down. It was really helpful.

Anyway, I meant to print it out or cut and paste and never had the chance to. When I tried to pull it up this week NOTHING!!! It told me that bill doesn't exist. I tried to search for by keywords, number and still nothing!! I googled the bill, and the links all referenced the above one..which apparently NO LONGER exists!!!

Grrrrrrr.....I can't find the bill ANYWHERE else!!! Did anyone else run into this problem...

ORRRRR....did anyone access the page when it was up and copy it

Sorry for the rambling....but I have miffed about this all day!!!
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Old 01-10-2005, 05:07 PM
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Hey thanks Cottontail, where ya been?
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Old 01-11-2005, 06:17 AM
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I have a question. I just read it and would like to know my husband is in on a class d felony and already has served 18 months. How do I go about getting the sentence reduced under the new rockefellar law? If anybody has any information could you let me know and I thank you very much for that info. Paula
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Old 01-11-2005, 05:32 PM
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Drop The Rock.Org

Families Against Mandatory Minimums

maybe check out the sites and maybe some number is listed you can call to find out...
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Old 01-12-2005, 01:13 PM
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Quote:
Originally Posted by Mrs G
Thanks for noticing I haven't been around!

Work has been super hectic, and they have been monitoring internet use, so I am being easy!!
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