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Two months ago, a deal was reached that would lead to the reform of the draconian Rockefeller Drug Laws.
Now, Republican state senators are making sure that they spread misinformation so that they can reap the political benefits of that misinformation.
The Republicans are arguing that a provision in the deal that would allow those who complete a drug treatment program, such as a drug treatment court, alternatives to incarceration program or other non-prison-based treatment program, to have their drug conviction sealed so that they can re-enter society and obtain employment.
There are exceptions to that provision, however. The exceptions apply to all law enforcement purposes, background checks for police officers and those seeking a license to carry a firearm.
The goal of this provision wasn't to compromise public safety, as some Republicans would like you to believe. The goal of this provision was to allow those who successfully complete a drug treatment to have a chance at re-entering society and finding employment.
However, Republicans would make you believe that drug felons will be invading your schools and becoming teachers.
From The Buffalo News:
A group of Republican state lawmakers Thursday said they are unhappy about a new law that permits courts to seal the criminal records of certain drug felons so there will be no record of their conviction when the offender applies for a job.
"Cocaine dealers or crack heads could end up teaching your child at school, caring for your toddler at day care or attending to your sick grandmother in the nursing home as a result of this shocking new law that hides the past of criminals," said State Sen. Catharine M. Young, R-Olean.
When the Republicans are losing a battle, they resort to fear. That's exactly what they are doing here. The truth is that the Republicans are trying to benefit from the same idea that led to the creation of this legislation. Remember, it was Nelson Rockefeller who created these laws to try and make himself appear tough on crime and drugs at a time when he needed to show that he was conservative enough for the national stage.
Now, the GOP is trying to use public safety as a reason why we need to get rid of this provision.
While we all support public safety, the Republicans try to scare us into public safety. If doing it to protect our families isn't a good enough reason, they start to say things like "cocaine dealers or crack heads could end up teaching your child at school" or "caring for your toddler at day care or attending to your sick grandmother in the nursing home." If you have to scare someone to support your view, then you really have no real argument or view to begin with.
The reality is that this is nothing new. This provision has existed for some time, but it was previously handled by prosecutors, not judges. Now, thanks to the reforms passed by the New York State Legislature and signed into law by Governor David Paterson, the power is put back where it belongs: In the judge's hands.
And to be clear: This provision will not apply to anyone who is sentenced to prison. Also, the provision doesn't mean that records will be automatically sealed. Again, that is up to the judge. Even if an individual successfully completes a drug treatment program, the judge will still have the authority regarding the sealing of their records. So if an individual successfully completes the program, a judge can still, thanks to these reforms, deny their sealing request.
As for the claim by Sen. Young that drug dealers would be allowed to teach in schools and work at day care facilities, I have never heard of a drug dealer who has gotten off easy. Dealing drugs is worse than just being found in possession of drugs. Having a drug addiction is a problem, but the people who feed that addiction are a bigger problem. You won't see any drug dealers teaching in schools because they are likely to receive prison time, meaning they won't have the option of a sealing request when their time comes.
The Republicans are grasping at straws here and will continue to argue (incorrectly) that this provision puts us in danger. Actually, the provision doesn't put us in danger. It provides a judge with more power and gives those who have committed minor drug offenses an option to turn their life around.
That is what these reforms are all about. The Republicans didn't support this from the beginning. So it's no surprise they are picking this provision to oppose now.
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