Pubdate: Sat, 08 Jun 2002 Source: Press & Sun Bulletin (NY) Copyright: 2002 Press & Sun Bulletin Contact: http://www.pressconnects.com/ Details: http://www.mapinc.org/media/878 Author: Erika Rosenberg Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws) PATAKI UNVEILS REFORM PLAN FOR ROCKEFELLER DRUG LAWS Critics Say Proposal Not Enough ALBANY -- Saying he's committed to change, Gov. George E. Pataki released a new proposal for softening the state's harsh drug laws Friday, but some reform advocates called it little more than rehash. Under the plan, life sentences for drug criminals would be eliminated, more people would be eligible for treatment instead of prison, and judges would have more leeway to order treatment instead of prison, even if prosecutors disagreed. But critics say despite the changes, too many drug offenders would remain in prison and not qualify for treatment programs. Pataki has said for two years that he wants to reform the Rockefeller-era laws that mandate lengthy prison sentences for possessing even small amounts of drugs. But he's been unable to reach agreement with Assembly Democrats on specifics. This year, an election year for Pataki and all legislators, the governor renewed the push, meeting with groups on all sides of the issue and directing his criminal-justice chief to make it a top priority. "We will not stop in this unprecedented campaign to finally reform the Rockefeller drugs laws until we get the job done," Pataki said in a news release Friday. But some drug-reform groups said Pataki's approach remained the same in many respects and accused him of using the issue to appeal to minority voters without being serious about reform. "I'm actually disappointed. He's made this a cornerstone of his political talks to most of the African-American and Latino community leaders," said Deborah Small of the Drug Policy Alliance in New York City. Looking at the new proposal, "I have to think they're more interested in political posturing and getting points" than in real reform, she said. The existing laws, enacted under former Gov. Nelson Rockefeller in 1973, have contributed to a five-fold increase in the number of prisoners to about 65,000 but done little to curb drug addiction or sales, critics say. "The governor wants our votes, particularly Latino votes, but is not willing to do anything to deserve them, which is insulting," said Terrence Stevens, a Harlem resident who served eight years of a 15 years-to-life sentence for selling drugs. It was his first offense, and Pataki granted him clemency in 2000. Pataki's criminal-justice chief, though, said the governor is committed to reform and hopeful it can be accomplished. "Why would he send me out to spend thousands of hours talking to all these different groups?" Chauncey Parker said. "We've made many, many, many changes. ... There's no reason in the world why we can't accomplish meaningful reform of these drug laws this year." Parker said the remaining points of disagreement are negotiable. "Not one of these things is a deal-breaker." They include: * How many of today's prisoners could have their prison sentences reduced. Pataki's proposal would allow only those convicted of the most serious drug crimes to appeal to a judge for a shorter sentence, but reform advocates say that leaves out most drug offenders in prison. * Whether people with more than one prior nonviolent felony conviction should be eligible for treatment instead of prison. Advocates say they should; Pataki's bill doesn't include them. * Who should monitor drug defendants participating in court-ordered treatment programs over the objections of prosecutors. Pataki wants the state Parole Board system to oversee the offenders, while advocates say it should be judges deciding whether they are making progress in treatment. * Whether to change the threshold weights of drugs that determine what level charge a person faces. Pataki has kept them the same, while Assembly Democrats want to double them. Assembly Democrats greeted Pataki's new plan skeptically; Senate Republicans were more enthusiastic. "It appears that the governor is not moving this issue forward," said Eileen Larrabee, spokeswoman for Assembly Speaker Sheldon Silver, D-Manhattan. Pataki's plan "strikes the right balance between treatment programs and prison alternatives," said Senate Majority Leader Joseph Bruno, R-Brunswick, Rensselaer County. Pataki's proposal also boosts penalties for drug crimes when guns are involved, adding five years to whatever prison sentence is imposed. - --- MAP posted-by: Josh