The Legal Action Center has just released a groundbreaking study that found that New York State could save many hundreds of millions of dollars over the next several years by reforming the Rockefeller-era drug laws. Changing the law to give judges the discretion to send addicted individuals to community-based treatment instead of prison could, when fully operational, save over a quarter of a billion dollars annually, a savings which would be more valuable than ever given the state’s current fiscal crisis.
In its study the Legal Action Center calculates the cost savings that would accrue to New York State by diverting addicted individuals charged with non-violent second felony offenses from prison to community-based treatment, as they comprise the vast majority of individuals who are mandated into prison under current law and would be diverted into mandated treatment if the laws are reformed. The study excludes people charged with Class A felonies. The findings take into account savings generated by the elimination of costs associated with incarceration; savings related to reduced foster care, health care and welfare costs; and increased tax contributions.
The study found that when drug law reform is fully operational, New York State could save as much as $267,660,000 annually. The full savings would only be generated if the operational costs of prison are reduced commensurate with the decrease in prison population, which could occur if entire prisons or certain sections of these facilities are closed down.
Anita Marton, Vice President with the Legal Action Center and principal author of the study, stated, "Reform of the Rockefeller-era drug laws is a win-win situation for the criminal
justice system, for the people of the State of New York and for individuals whose criminality is driven at least in part by their addiction. Studies have shown that treatment is more effective and cost effective than imprisonment at reducing serious crimes committed against people and property by drug addicted individuals. This report shows that reforming New York’s Rockefeller-era drug laws to make greater use of mandated community treatment would both improve public safety and save taxpayers enormous sums of money. New York State cannot afford not to reform the drug laws.”
Paul Samuels, Director and President of the Legal Action Center added, “We know that treatment is effective in reducing the use of alcohol and drugs and recidivism. For drug law reform to succeed, New York must invest in more addiction treatment capacity to meet the increased need that will result as appropriate, addicted individuals are mandated into treatment instead of prison.”
The study is based on an estimate that approximately 3,618 individuals would be sent to treatment instead of prison annually if New York State reforms the Rockefeller-era drug laws to give judges the discretion to do so when appropriate. This estimate is derived from the following statistics: according to the New York State Division of Criminal Justice Services, 6,030 people convicted of second non-violent, non-sex offenses were mandated into prison in 2007. An estimated 70-80% of individuals in DOCS facilities have drug and alcohol problems. It is likely that judges would divert most but not all those addicted individuals into treatment, so the report estimates that 60% of these individuals, or 3,618 people, would be diverted from prison into community-based treatment.
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The Legal Action Center is a non-profit law and policy organization specializing in criminal justice, addiction and AIDS. The Center works closely with criminal justice agencies, policy makers, including legislators on the local, state and national level, and community-based organizations providing information and assistance on a wide range of criminal justice issues, including sentencing reform, ex-offender employment, community-sanctions, and funding issues. The Center has conducted numerous studies addressing issues relating to criminal justice and addiction.
