Pubdate: Thu, 18 Jan 2001 Source: Albany Times Union (NY) Copyright: 2001 Capital Newspapers Division of The Hearst Corporation, Albany, Contact: News Plaza, Box 15000, Albany, NY 12212 Website: http://www.timesunion.com/ Author: Elizabeth Benjamin PATAKI OUT TO REFORM DRUG LAWS Albany-- Proposal Seeks To Lower Some Mandatory Sentences, Allow Flexibility For Treatment Option Proposing to reform the Rockefeller Drug Laws for the second time in his six years as governor, George Pataki on Wednesday unveiled a plan to nearly halve minimum sentences for some offenders and allow judges the discretion to divert others into treatment. Although some maintained the governor's 2001 plan doesn't go far enough in overhauling the 1973 laws that have packed New York's prisons, reform supporters praised it as a first step toward changes they are optimistic will come this year. The reform package does not include elimination of parole for all felons -- a proposal he made two years ago and has become a significant roadblock to approval from the Democratic Assembly. "This doesn't look like more than a step forward, but at this point, a step forward is a good thing,'' said Jonathan Gradess, executive director of the New York State Defenders Association. "The governor has presented a serious overture to the Legislature,'' Gradess said. "For the first time, there will be real, full-blown negotiations.'' Pataki's 10-point proposal phases in legal reforms and new initiatives over four years. It calls for reducing the mandatory sentences laid out in the 28-year-old laws for Class A-1 drug sale and possession offenses, the most serious, from 15 years to life to 8 /3 years to life on appeal for nonviolent first time offenders. Some 500 nonviolent inmates already serving Class A-1 sentences under the Rockefeller Drug Laws would be able to appeal to have their time reduced. Judges would have the option of sending nonviolent lower-level drug offenders, who now receive at least 3 to 6 years in prison under Class C, D, and E felonies, to drug treatment programs for at least six months. And prosecutors would be able to put repeat drug offenders into residential treatment programs for 18 months, with the threat of incarceration if they drop out. Those who use minors under 18 or the Internet to sell drugs would receive harsher sentences, as would so-called "kingpins'' who manage, control and oversee drug rings. Pataki called his reform package "a tough and smart approach.'' "This comprehensive, balanced proposal addresses the overly severe sentences of the Rockefeller Drug Laws, while recognizing that effective treatment for nonviolent offenders can work,'' the governor said. Unlike years past, the leaders in both houses of the Legislature seemed receptive Wednesday to negotiating with the governor. Assembly Speaker Sheldon Silver, D-Manhattan, called the governor's proposals "a step forward, but not a dramatic change.'' He said the Assembly majority "stands ready to work with (Pataki), the Senate and Court of Appeals Chief Judge Judith Kaye to move this discussion forward.'' Senate Majority Leader Joseph Bruno, R-Brunswick, said he and Pataki "share a similar view on the issue ... and I expect the Senate will take a close look at his proposal.'' Pataki's plan brought cautionary praise from those who have long lobbied for reform -- if not full repeal -- of the laws enacted under Gov. Nelson Rockefeller in an attempt to deter drug use and sales with severe penalties. Today, most agree the laws failed, sending New York state's prison population skyrocketing from about 13,000 28 years ago to more than 70,000 in 2000. Approximately 21,200 are serving time for drug-related offenses. "He stood up there today and said, 'This is the direction we ought to go in. Come join me. We're not going to be soft on crime, we're going to be smart on crime,' '' said John Dunne, a former state senator who helped write the Rockefeller Drug Laws and now pushes for their reform as head of the Campaign for Effective Criminal Justice. Robert Gangi, head of the Correctional Association of New York, a prison watchdog group, praised the governor for "talking the talk and walking at least halfway down the path.'' And Deborah Small, director of the Lindesmith Center-Drug Policy Foundation, also commended Pataki for making a start, but said his proposal isn't far reaching enough. "Eight-and-a-third (years) is still an extraordinarily long time for a first-time, nonviolent offender,'' she said. Meanwhile, Sam Hoyt, chairman of the Assembly Standing Committee on Alcoholism and Drug Abuse, warned that there isn't any increase in Pataki's proposed 2001-02 budget for drug treatment programs, which will likely see an influx of people if the governor's reforms are enacted. "Without the resources, this program won't be effective,'' said Hoyt, D-Buffalo. Hoyt's concerns were echoed by John Coppola, executive director of the New York Association of Alcoholism and Substance Abuse Providers, who said law-abiding people in community-based treatment could be displaced by drug offenders if the programs don't receive more money. State Criminal Justice Director Katherine Lapp on Wednesday said Pataki has directed her to work with the state Office of Alcohol and Substance Abuse Services to determine if treatment facilities could meet the increased need of drug offenders released from prison or diverted away from incarceration. "To the extent we need more spaces in treatment facilities, we will make sure they exist,'' Lapp said. "The governor does not want a situation where someone is charged to get treatment and then can't find a space.'' - --- MAP posted-by: Josh Sutcliffe