Pubdate: Wed, 15 Nov 2000
Source: Poughkeepsie Journal (NY)
Copyright: 2001 Poughkeepsie Journal
Contact:  PO Box 1231 Poughkeepsie, NY 12602
Fax: (845) 437-4921
Feedback: http://www.poughkeepsiejournal.com/news/forms/letter_form.htm
Website: http://www.poughkeepsiejournal.com/
Author: Mary Beth Pfeiffer, Poughkeepsie Journal
Note: Part 1d of a 3 part series

The Prison Explosion, Part 1d

DRUG LAW REFORM BILLS AT A GLANCE

New York's drug statutes provide for mandatory minimum sentences of 15 
years to life for the sale or two ounces or possession of four ounces of a 
controlled substance, such as cocaine of heroin.

Possession of two ounces or sale of a half-ounce merits a minimum 
three-year term. For a single $10 sale of cocaine, the minimum term is one 
to three years. In both cases, prosecutors note that many offenders plead 
to lesser charges or are diverted to shorter drug treatment or shock 
incarceration programs.

Additionally, a prison sentence is mandated under a separate law for any 
second felony conviction.

The following are excerpts of bills in the state Legislature that would 
revise the so-called Rockefeller drug laws:

Repeal mandatory sentences

Bills: Assembly A4117; Senate S7611.

Sponsors: Assemblyman Jeffrion L. Aubry, Sen. Velmanette Montgomery.

Summary: "This bill provides new sentencing guidelines for offenses 
involving the possession and sale of controlled substances and allows 
judicial discretion in sentencing offenders to alternative 
punishments....(It) would repeal the mandatory sentencing requirements of 
the Rockefeller Drug Laws and the Second Felony Offender Law as it relates 
to drug offenses."

Justification: "Judges are now bound by rigid guidelines requiring stiff 
prison terms for drug offenses, even for possession of relatively small 
amounts of drugs. The sentences escalate steeply when a person is convicted 
of a second felony within 10 years."

Allowing appellate review

Bill: Senate S4009

Sponsor: Sen. James Lack.

Summary: "The bill allows the Appellate Division on appeal to determine 
that such a sentence (of 15-year-to-life for an A-1 drug felony) is unjust 
in a particular case, and to reduce the minimum sentence... (not) below 
five years. (Additionally, the bill) allows deferral of prosecution of 
certain drug offenses where the court finds that the defendant has a 
history of controlled substance dependence."

Justification: "Will allow some deserving defendants in particular cases to 
escape the harsh consequences of the sentencing laws."

Increase drug threshold

Bill: Assembly A10051.

Sponsor: Martin Luster.

Summary: ''Increases the amounts of controlled substances a defendant must 
possess or sell to commit a class A felony... authorizes the deferral of 
prosecution in certain controlled substance proceedings; eliminates certain 
plea restrictions on controlled substance offenses; authorizes alternative 
sentencing and probation upon conviction.''

Justification: ''A Zogby International poll conducted in May 1999 showed 
that by a 2-1 ratio, New Yorkers support reducing drug sentences and 
sending drug offenders to treatment programs rather than jail. A broad and 
growing group of office holders and organizations supports drug sentencing 
reform.''

Treatment, reduced sentence

Bill: Sentencing Crime Act of 2000.

Sponsor: Proposed by Gov. George Pataki.

Summary: Among many other changes, "the bill establishes drug treatment 
program alternatives for those eligible offenders suffering from drug 
dependency and creates a mechanism for intermediate appellate review (of 
sentences that are)... harsh or excessive."

Justification: "More than one-half of those convicted in 1998 of nonviolent 
drug sale and possession in New York were also convicted of other crimes. 
Nevertheless, recognizing that a small number are truly low-level, 
first-time drug offenders... the bill provides for the appellate review of 
sentences imposed on those convicted of class A-1 drug possession... (The) 
minimum sentence may be reduced from the mandatory minimum A-1 sentence of 
15-25 years to 10 years.

"In addition, to the extent that some drug addicts who either sell drugs to 
support their habit or possess drugs for personal consumption are 
inappropriately imprisoned under the current law, the bill establishes a 
drug treatment alternative to prison program."