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Current Developments__________________________________
- In the absence of guidance from the Court of Appeals, the Appellate Divisions have devised their own guidelines to review resentencing requests under the Drug Law Reform Act. Departments Differ on Resentencings Under Drug Reform, New York Law Journal (NY), September 11, 2007
- Drug law reform groups have asked the Sentencing Commission to go further in reducing the devastating impact of the Rockefeller Drug Laws. Advocates Seek Reform in 'Unjust' Drug Laws, Rochester Democrat and Chronicle (NY), August 29, 2007 and Mandatory Sentencing: Stalled Reform, Time Magazine (NY), August 17, 2007
- Assembly passed legislation to ameliorate Rockefeller Drug Laws for first- and second-time offenders allowing treatment options and resentencing. Assembly Advances Drug Law Changes, Albany Times Union (NY), April 19, 2007
- Reduction of state sentence under NY's Drug Law Reform Act resulted in downgrading of federal minimum sentence for repeat offender. Drug Law Reform by State Reduces Federal Sentence , New York Law Journal (SDNY), November 29, 2006
- Two Court of Appeals decisions interpreting Drug Law Reform Act find limited appeal rights and no retroactivity. Drug Reform Is Ruled Limited, New York Law Journal (NY), September 22, 2006
- Proposed bill to enable Class B drug offenders to seek post-sentence reductions. Assembly Acts to Further Ease Rockefeller Laws , Albany Times Union (NY), May 9, 2006
- Syracuse case highlights potential problem in A-II felony drug resentencing law and parole release scheduling. County Judge Cites Resentencing Flaw, Syracuse Post-Standard (OnondagaCounty), April 28, 2006
- Proposed bill to enable Class B drug offenders to seek sentence reductions further ameliorating the severe impact of the Rockefeller Drug Laws. Assembly Acts to Further Ease Rockefeller Laws , Albany Times Union (NY), May 9, 2006
- Syracuse case highlights potential problem in A-II felony drug resentencing law and parole release hearing scheduling. County Judge Cites Resentencing Flaw, Syracuse Post-Standard (OnondagaCounty), April 28, 2006
- In response to an increase in drug-related homicides, Erie County Executive has raised the question of legalizing certain narcotics. Giambra Advocates Legalizing Drugs, Buffalo News (ErieCounty), April 20, 2006
- Governor Pataki signed into law a measure that will allow more than 500 inmates convicted of A-II felonies to seek resentencing. Pataki Signs Bill Softening Drug Laws, New York Times (NY), August 31, 2005
- Proposed Assembly bill focuses on judicial sentencing discretion and treatment options, as well as additional penalties for major drug dealers. Bill Takes Next Step in Reform of Drug Laws, New York Law Journal (NY), June 9, 2005
- US Supreme Court decision permitting federal authorities to prosecute medicinal marijuana possessors or cultivators dampened state efforts to legalize medicinal marijuana use. Ruling May Snuff State's Medical Pot Efforts , Albany Times Union (NY), June 7, 2005
- New York City prosecutors want drug treatment program dismissals reported in a separate category to avoid inflating indictment dismissal rates. DAs: Drug Treatment Programs Hurt Crime Stats, Newsday (NYC), March 20, 2005
- Revised narcotics laws have limited impact on female prisoners sentenced under Rockefeller Drug Laws. Ending of the Rockefeller Drug Penalties Is Not an Open Door, New York Times (NY), February 9, 2005
- New York City courts are split on interpretation of new Rockefeller Drug Law reforms and their impact on pending cases. Trial Courts Divided on Drug Law's Timing, New York Law Journal (NYC), February 4, 2005
- New York judge critical of Manhattan District Attorney's policy restricting application of recent changes to Rockefeller Drug Laws to offenses committed after its enactment. Judge Says DA Is Inconsistent on Drug Law, New York Law Journal (NYC), February 1, 2005
- First sentence reduction under revised Rockefeller Drug Laws granted by Brooklyn court. Under Revised Drug Laws, a Debt to Society Is Paid, New York Times (NY), January 21, 2005
- As revisions to the Rockefeller Drug Laws take effect, prisoners and advocates explore the process for resentencing under the new rules. Easing of New York Drug Laws Takes Effect, New York Times (NY), January 13, 2005
Current Developments Outside New York__________
- Failure Emerges In Call For Shorter Crack Sentences, Detroit Free Press (US), April 22, 2008
- What Addicts Need, Newsweek (US), February 23, 2008
- Local Federal Courts Puzzled by Impact of Retroactive Crack Sentencing Change, New York Law Journal (US), December 13, 2007
- Retroactively, Panel Reduces Drug Sentences, New York Times (US), December 12, 2007. Click here to read the amended USSC guidelines.
- Women Are Silent Casualties of War on Drugs, North Country Times (US), December 23, 2006
- Registry of Drug Dealers Proposed, Maine Today (ME), July 19, 2006
- Part of Alaska Marijuana Law Is Struck Down , New York Times (AK), July 12, 2006
- New Crop of Lawyers Has Created a Niche Representing Medical Marijuana Clinic , American Bar Association Journal (CA), May 8, 2006
- New Crop of Lawyers Has Created a Niche Representing Medical Marijuana Clinic , American Bar Association Journal (CA), May 8, 2006
- Drug Treatment Much Cheaper Alternative to Prison Time, Associated Press (CA), April 4, 2006
- College Financial Aid Rules Loosened, USA Today (US), February 6, 2006
- Judge: Exceedingly Harsh Sentences for Crack Cocaine Are Troubling, Associate Press (US), October 11, 2005
- California Patrol Won't Seize Marijuana Used as Medicine, New York Times (CA), August 30, 2005
- New Court Deals Directly With Violence, USA Today (US), June 15, 2005
- States Still Push for Medical Pot, USA Today (US), June 15, 2005
- High Court Permits Prosecution of Medical Marijuana Users, Los Angeles Times (US), June 6, 2005
- Magical Mystery Tour: Drug and Alcohol Addicts Are Going Abroad in Search of the Purported Miracle Treatment Called Ibogaine , Los Angeles Times (US), November 28, 2004
- Sentences for Drug Offenders Criticized, Chicago Sun-Times (IL), October 6, 2004
- Study: 25% of Those Who Try Drug Treatment Finish Program , Sacramento Bee (CA), September 23, 2004
- Long Term in Drug Case Fuels Debate on Sentencing, New York Times (UT), September 12, 2004
- Law Enforcement Presents United Front in Drug Law Reform Debate, Newsday (NY), June 6, 2004
- Judge Tells Feds to Back Off From Medical Pot Group, SF Gate (CA), April 21, 2004
Special Reports________________________________________
ROCKEFELLER DRUG LAWS REVISION
In the last few years, the Rockefeller Drug Laws have been amended to ameliorate some of the harsh sentences imposed under the old law for A-I, Chp. 738 [2004] NY Laws (80K PDF), and A-II, Chp. 643 [2005] NY Laws (16K PDF), felony drug offenders. As the revisions take effect, prisoners and advocates have been exploring the process for resentencing.
Articles
- Prosecutor Questions Drug Law Reforms , New York Times (NY), June 27, 2006
- Prosecutor's Drug Talk Raises Ire , Albany Times Union (AlbanyCounty), May 4, 2006
- Prosecutor's Drug Talk Raises Ire , Albany Times Union (AlbanyCounty), May 4, 2006
- State Drug Reform Law Needs to Reform ... Itself, Newsday (NY), March 14, 2006
- Parole Wait Cut by Court Action, Albany Times Union (SchenectadyCounty), February 1, 2006
- Pardons Show Drug Law Flaws . Poughkeepsie Journal (NY), December 31, 2005
- Legal Aid Report Says Drug Reform Has Fallen Short, New York Law Journal (NY), December 19, 2005
- Few State Prisoners Freed Under Eased Drug Law , New York Times (NY), December 15, 2005
- Convict Denied Prison Release: Resentencing Hearing Under Drug Law Changes Fails to Reduce Sentence , Albany Times Union (SchenectadyCounty), November 22, 2005
- Drug Convict Gets Early Release, Citizen (CayugaCounty), November 18, 2005
- Drug Sentence Reduced , Poughkeepsie Journal (DutchessCounty), October 12, 2005
- Panel Holds Drug Law Reforms Not Retroactive , New York Law Journal (1st Dept), October 4, 2005
- Rockland Judge Refuses to Lower Felon's Sentence, Journal News (RocklandCounty), September 23, 2005
- Drug Offenders Face Delays in Sentencing Appeals , Press & Sun Bulletin (NY), September 1, 2005
- Judge Denies Convict's Request for Resentencing , Citizen (CayugaCounty), August 12, 2005
- Disparate Treatment Upheld in Reformed Drug Statutes, New York Law Journal (3rd Dept), August 8, 2005
- Drug Dealer Gets Sentence Cut, Citizen (CayugaCounty), July 8, 2005
- Jailed Druglord Seeking Release Under New Laws, NY Daily News (NYC), June 19, 2005
- Judge, in First for Island, Cuts Sentence of Felon: Action Taken Under Legislation Easing Tough Rockefeller Drug Laws , Staten Island Advance (Staten Island), June 9, 2005
- Drug Convict Seeks Release, but Prosecutor Stands Firm, New York Times (NYC), June 2, 2005
- Some Stay in Prison After Drug Law Revised: Reforms Fail to Address Inmates Also Convicted of Lesser Charges , Albany Times Union (NY), May 20, 2005
- Judge Denies New Sentence for Drug Dealer , Star-Gazette (SteubenCounty), May 17, 2005
- New Drug Law Legislation and Sentencing, New York Law Journal (NY), April 21, 2005
- Convicted Drug Dealer Appeals Original Sentence, Citizen (CayugaCounty), April 15, 2005
- Joy Turns to Tears for Inmate, Family: Man Convicted Under Rockefeller Drug Laws Still Awaiting Release , Albany Times Union (AlbanyCounty), April 14, 2005
- Judge Reduces Former Student's Rockefeller Drug Sentence, Newsday (NYC), March 30, 2005
- Judge Denies Bid for Reduced Sentence, Syracuse Post-Standard (OnondagaCounty), March 26, 2005
- Drug Felon Finds That New Laws Don't Mean Quick Release From Prison. New York Sun (NYC), March 16, 2005
- Justices Apply Drug Reforms Retroactively, New York Law Journal (NYC), March 15, 2005
- Judge Re-Sentences 68-Year-Old Manhattan Drug Defendant, Newsday (NYC), March 8, 2005
- Reform Delivers Hope to Inmate, Albany Times Union (AlbanyCounty), March 3, 2005
- 81-Year-Old Brooklyn Man in Wheelchair Released Under New Rockefeller Drug Law, Newsday (Brooklyn), March 3, 2005
- Dealer to Be Freed Under Drug Reforms, Newsday (Queens), Feb. 17, 2005
- Under Revised Drug Laws, a Debt to Society Is Paid , New York Times (NY), Jan. 21, 2005
- Easing of New York Drug Laws Takes Effect, New York Times (NY), Jan. 13, 2005
- In New Data, a Redefinition of Drug Felon, New York Times (NY), Dec. 23, 2004
- New Drug Laws Signed, Albany Times Union (NY), Dec. 15, 2004
Resources
Reports_______________________________________________
Drugs of Abuse (DEA 2005). This publication provides encyclopedia information about controlled substances, classifications of drugs, along with background and photographic data. The publication was prepared by the US Drug Enforcement Administration.
Caught in the Net: The Impact of Drug Policies on Women and Families (2005). This report describes the effect of the War on Drugs and mandatory minimum sentencing laws on women and their families. The report was prepared by the ACLU, Break the Chains, and the Brennan Center.
Predicting Heavy Drug Use Results of a Longitudinal Study, Youth Characteristics Describing and Predicting Heavy Drug Use by Adults (ONDCP 2005). This is a study that examined the nature and characteristics of heavy drug users, focusing on adolescents and young adults. The study was published by the Office of National Drug Control Policy.
Summary of the Rockefeller Drug Law Reform Legislation (NYSDA 2004) (114K PDF). The New York State Defenders Association has prepared a review of the changes to New York's Rockefeller Drug Laws that outlines and summarizes the revised sentencing scheme. The new legislation appears in Chp. 738 [2004] NY Laws (80K PDF).
Unjust and Counterproductive Rockefeller Drug Laws (2004). This report is based on interviews with fifty men and women convicted of nonviolent drug offenses, and who served a minimum of one-year in state prison. It describes their life before prison, their experiences inside, reentry, alternatives, and the war on drugs; and includes recommendations for reforms. The report was prepared by Physicians for Human Rights and The Fortune Society.
Research Links________________________________________
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