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New York Drug Reform May Be Tweaked
June 3, 2009

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News Summary

New York lawmakers may make more information on drug offenders' past convictions public after Republican lawmakers complained that recently approved drug-reform legislation could pose a safety threat, the Associated Press reported June 1.

Reforms to the state's Rockefeller-era drug laws are slated to go into effect next week, but lawmakers may postpone a provision that would give judges, rather than prosecutors, the power to seal the records of drug offenders who complete addiction treatment via drug courts.

Some GOP lawmakers said that sealing the records could allow individuals with past drug convictions to get jobs as teachers or daycare providers.

"This is one that is potentially going to kill people if it's not repealed," said Senate minority leader Dean Skelos. "That means someone convicted of selling drugs on a school yard could be hired as a teacher. Someone caring for toddlers, someone running a crystal meth lab could be delivering medication to your grandmother at a nursing home. And an individual convicted of forgery or grand larceny could be handling your money at the bank or taking your application for a loan or credit card."

Democrats called such statements scare tactics but nonetheless were considering a postponement and perhaps amending the bill to allow criminal records to be accessible by schools and certain other entities during employment background checks.

COMMENTS ON THIS ARTICLE:

Posted by Kimberly Sacco on 04 Jun 09 12:40 PM EDT
Call it what you want, a scare tactic or whatever- it IS REALITY! It could be very likely these scenarios would occur. When safety is an issue, extreme caution should be used and the decision to seal a record should be left to the higher entity, in this case the judge. PS-I'm a democrat and a drug/alcohol educator.

Posted by Dean on 04 Jun 09 01:03 PM EDT
I'm a recovering addict who is now a substance abuse counselor. I've been on both sides of this issue but one thing is the same it's called rehabilitation, people changeing, turning over a leaf, getting help. We either believe in it or we do not. I haveing seen both sides believe addicts can change. The criminal record following them continues the stigma attached to addiction another reason so many do not seek treatment. Recovering addicts, in particular those we are speaking of here who would SUCCESSFULLY have completed treatment should not have to be punished again! Addiction carries enogh shame already doesn't it? Wonder if Dean S. knows any addicts? This Dean was and does know alot.The legislature needs to stop taking 3 steps forward then 4 steps backwards

Posted by Rachel on 04 Jun 09 02:42 PM EDT
I think the decision to seal a record should not be done lightly. I too believe in change, having been on both sides. I have been in recovery for eight years and work at a drug and alcohol treatment facility. I have felonies on my record due to drug use and have some limitations regarding that. I don't think it fair to punish people that way, but I also think a person needs to prove themselves before a record is sealed.

Posted by Dean on 04 Jun 09 03:18 PM EDT
And the proposed legislation would allow that proof because one of the stipulations would be a successfull completion of treatment. Each individual would be sentenced individually, example clients who get drug court, some go to intensive inpatient, some 1/2 way house, some outpatient all decided on an individual basis. If we really look at this and take drugs out of the scenerio it's no different than an ACOD, suspended sentence, or the fact of the matter that youthfull offenders get sealed records everyday in court. by the way I think if people knew all the users that didn't get caught nor get treatment they'd be surprised. Those people are already and still teaching, working at the bank handleing your money etc. Don't punish the ones who get help, reach out to the 24 million who haven't yet and need it. Out of 24 million Americans who suffer from addiction only 1.8 million recieved treatment last year. Of that over 300,000 were from New York, let's not hold them back anymore than their addiction did.

Posted by ThinkHarderPeople on 04 Jun 09 03:39 PM EDT
Is a drug user by nature a terrible person? Is someone who smokes marijuana essentially much different from somebody using a commercial antidepressant? Many try the legal options before self-medicating illegally. Do they deserve to be punished for this? More over, think of this example: (to follow)

Posted by ThinkHarderPeople on 04 Jun 09 03:41 PM EDT
Let's say someone gets caught selling drugs. It doesn't matter what type, really- to most people, this is a heinous crime, and thus a villainous person. Let's say they were addicted to what they sold. Now, they get treatment, and no longer wish to sell. They wish to be legitimate. But what if legitimate jobs aren't available to them?

Posted by ThinkHarderPeople on 04 Jun 09 03:45 PM EDT
Look up labeling theory. It's a sociological phenomenon that has been used many times to successfully predict the behavior of people. Label someone a deviant, stigmatize them and push them out of legitimate society, and they'll adapt thus. As a society, we shouldn't judge people, we should judge their crimes and the damage that they do. Aren't there better, or rather, worse people to label than addicts, anyway?

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