Since the 1970s, New York–and the nation–has wasted time and money incarcerating nonviolent drug offenders. Even while drug policy analysts, criminologists, activists, and families of people addicted to drugs continued to explain that resources could be better spent on treatment and rehabilitation, policymakers seemed unwilling to reconsider an overhaul of the Rockefeller Drug Laws, which included mandatory sentences and punitive responses to addiction. Until now!

NY lawmakers are expected to approve sweeping reforms to the existing Rockefeller Drug Laws, the most important of which is reinstating judicial discretion in cases involving first- and second-time nonviolent drug offenses. Under the new structure, judges could divert certain drug-related cases to drug court and to other community-based alternatives to incarceration. In this effort, it will be important to ensure that there are culturally-competent resources in the community that include comprehensive, wraparound interventions for those being released from prison, and for those who struggle with addiction. It will also be important for lawmakers to devise diversion criteria that do not disproportionately exclude African Americans, and other people of color, from participation in alternative treatment options because of prior offenses. If these reforms are a signal that our criminal justice system is ready to correct the erroneous, draconian laws that prevented people from receiving the services they needed, let’s make sure that these reforms are applied in a fair and equitable way.

The opportunity is here!

Copyright 2009 Monique W. Morris

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