Enacted
32 years ago when Nelson Rockefeller was governor,
the Rockefeller drug laws require harsh prison
terms for the possession or sale of relatively
small amounts of drugs.
The
penalties apply without regard to the circumstances
of the offense or the individual's character
or background. Whether the person is a first-time
offender, for instance, is irrelevant-the harsh
sentences still apply.
The Rockefeller drug laws
have filled New York State prisons with low-level,
non-violent offenders. There are over 15,500
drug offenders locked up in New York State prisons,
representing nearly 38% of the prison population
and costing New Yorkers $550 million each year.
New York State has the harshest
sentencing scheme for low-level drug sellers
with a prior non-violent felony offense conviction
of any state.
Murderers, arsonists and kidnappers
face the same penalties as drug couriers in
New York State. Rape and armed robbery carry
lesser sanctions.
Of all the drug offenders
sent to New York State prison in 1999, nearly
80% have never been convicted of a violent felony.
Over 35% of the drug offenders
in New York State prisons (about 5,500 people)
were locked up for simple drug possession.
The racist implementation
of the Rockefeller drug laws has had a profoundly
negative impact on black and Latino communities.
Although whites and people of color use drugs
at nearly the same rate, blacks and Latinos
comprise over 92% of the New York State drug
offender population.
There are more blacks and
Latinos entering the prison system for drug
offenses each year than there are graduating
from the entire SUNY system.
Much of this discrepancy
can be attributed to racial profiling at the
front end of the criminal justice practice.
In 1999, 45% of those stopped and frisked on
suspicion of drug charges by the New York Police
Department were Black, 36% Hispanic, and only
16% white, even though most drug users are white.
Life
On the Outside - the story of Elaine Bartlett, who spent sixteen years
in Bedford Hills prison for selling cocaine-a first offense under New
York's harsh Rockefeller drug laws.
