More on Rockefeller and other drug sentencing reform

The discussion and analysis of New York’s reform of its harsh Rockefeller drug sentencing laws (noted here) continues to be nuanced.  As detailed in articles and editorials from various New York papers, there is praise that something has been done, but criticisms of how limited the reforms are.  This NPR report captures all the perspectives quite effectively.

This New York Times article particularly focuses on the disappointment felt by advocates for major drug sentencing reform, and it notes data that the new reforms may only affect the sentences of 446 prisoners from a total New York state population of 15,600 felons imprisoned on drug charges. This Newday opinion piece by Robert Gangi, executive director of the Correctional Association of New York, echoes similar themes; Gangi complains that the law still does not give judges sufficient discretion in drug sentencing cases.

Meanwhile, in a developing story that will surely get much less press, this AP article coming from South Dakota details that drug sentencing reform is a key component major changes proposed by the South Dakota Criminal Code Revision Commission.  The proposed reforms apparently suggest eliminating a number of mandatory minimum sentences, while also increasing the available maximum sentence for many drug crimes:

One measure endorsed by the commission would remove mandatory minimum sentences for some drug crimes. For instance, judges no longer would be required to put people in prison for at least one year if caught dealing methamphetamine, cocaine or heroin.

The proposal also would increase several drug penalties, and it attempts to add uniformity in the link between penalties and the quantities of drugs involved in crimes.

Currently, people can be put in prison for up to 10 years if they are convicted of dealing any amount of hard drugs. A trace quantity is treated the same as 100 pounds.  The legislation provides up to 15 years for selling one pound or less of cocaine, methamphetamine or heroin and 25 years for more than a pound.

Mandatory minimum sentences should be repealed, said Circuit Judge Tim Dallas Tucker of Madison. He said judges should have full discretion to determine if the facts of cases merit tough prison terms or leniency. “The individual judge is in the best position to decide … what penalty should be imposed,” Tucker said.

Changes also are recommended in marijuana laws. The current mandatory minimum sentence of 30 days in jail for felony marijuana dealing would be eliminated, but maximum sentences would be lengthened. The bill also would provide a lighter sentence for simple marijuana possession….