Legal Commentary

Hundreds of NY Drug Prisoners May Be Resentenced

By TChris

As Jeralyn discussed Thursday, an agreement between the New York legislature and Gov. David Paterson will finally reform the state's Rockefeller-era drug laws. At the time of Jeralyn's post, the relief that the legislation would provide to drug offenders currently serving sentences was unclear.

Although some language in the new law is still being negotiated, the governor announced yesterday that the legislation will enable hundreds of prisoners to seek resentencing. It appears that the resentencing options include treatment in lieu of continued incarceration.

Prosecutors -- who will lose the power they now hold to decide whether a drug offender will receive a lengthy sentence by charging crimes that have mandatory minimums -- are complaining that judges shouldn't have the option of sending repeat offenders to treatment instead of incarcerating them. [more ...]

“If you let someone who has five prior convictions into treatment over the prosecutor’s objections, that’s really symbolic of a revolving door,” said Bridget G. Brennan, the special narcotics prosecutor for New York City. “We’re worried that this will permit endless cycles of meaningless and expensive treatment.”

How arrogant is that? Brennan's argument is that prosecutors are more capable than judges of deciding whether a particular defendant deserves a chance at treatment rather than incarceration. Isn't she familiar with the concept of separation of powers? Her job is to prosecute. The judge's job is to sentence.

As Jeralyn's post notes, what Brennan perceives as a "revolving door" and "endless cycles" of treatment is the reality of rehab programs. They don't always work, and when they do, it takes time for people to change. Relapses are an expected part of treatment; they aren't a sign of failed treatment. Judges who understand that reality know that relapses are not a reason to incarcerate.

Full post as published by TalkLeft on March 28, 2009 (boomark / email).