Drug reform remains a priority

The motivation of our leaders at that time was noble. Drugs were destroying our communities and destroying the lives of our young, and [the leaders] were seeking a way to stem the tide.

While the goals were laudable, however, history has proven this strategy fatally flawed. Our state's swollen prison population, comprised of a disproportionate percentage of Afro-American and Hispanic men and women, makes this abundantly clear. And our modern understanding of the nature of addiction reinforces the conclusion that the Rockefeller drug laws are unjust, ineffective, and detrimental to our state and its citizens. Our Governor and legislators have begun to recognize this failure, and now is the time to take action.

Drug-sentencing reform has long been a priority for the Catholic bishops of New York State, and at last there is a climate for change in Albany that fills us with hope. The proposals put forth to date have been bipartisan in nature. We have seen leadership from Gov. Pataki, who has put the issue on the table, and by legislators, such as Assemblyman Aubry, who has displayed a commitment to fashioning comprehensive reform.

But we cannot miss this historic opportunity. Reform must occur this year, before the momentum is lost, and we sacrifice another generation of young men and women to prison cells and despair. What a tragedy it would be if we were back here next year for the 30th anniversary, lamenting even more broken families, more lost lives, more children who will grow up never knowing their father or mother. There is a better way. The answer to the problem of drug addiction is not imprisonment, but treatment, combined with education and employment preparation.

We understand and appreciate the concerns of some in law enforcement regarding reform. We share with them a goal of a more peaceful society, and we appreciate the sacrifices that they make to protect the citizens of our state. However, our role as religious leaders is to be a voice for the voiceless, to promote justice and to recognize the face of God in the least of those among us.

As drafted and as applied, the Rockefeller drug laws focus largely on the punitive nature of criminal justice with little regard to the concept of restorative justice. These laws have resulted in an exploding prison population, wasted state resources and untold thousands of wrecked lives that could have been salvaged through effective treatment for their addictions.

With this in mind, the Catholic bishops of New York State have identified several core principles that we believe should be paramount in all negotiations on drug law sentencing reform. Those principles are as follows:

* greater opportunities for judicial discretion in sentencing;

* reduction or repeal of current mandatory sentencing provisions;

* judicial review of current sentences where a miscarriage of justice in sentencing may have occurred; and

* opportunities for expanded substance abuse treatment for addicted felons, both in prison and within their communities.

We realize there are differences in the proposals put forth to date, and that differences of opinion exist as to how these principles can be applied most justly. But we urge our political leaders to resolve their differences and to embrace these principles to fashion the most just reform possible, so that those affected may begin to heal their lives -- for the good of themselves, their families and their communities.

Gov. Pataki and the State Legislature have my personal gratitude for addressing this issue. My hope and my prayer is that their bold words will translate into bold and appropriate action this legislative session.

(Editor's note: The preceding is the text of Bishop Hubbard's remarks at a press conference last week concerning the repeal of the Rockefeller Drug Laws.)

(05-16-02) [[In-content Ad]]