Pubdate: Sat, 08 Jun 2002 Source: News-Times, The (CT) Copyright: 2002 The News-Times Contact: http://www.newstimes.com/ Details: http://www.mapinc.org/media/637 Author: Joel Stashenko, Associated Press NEW YORK GOV. GEORGE PATAKI RELEASES PROPOSED CHANGES TO ROCKEFELLER-ERA DRUG LAWS ALBANY, N.Y. (AP) -- Gov. Pataki has proposed giving more discretion to judges sentencing drug cases and offering defendants more drug treatment options, a plan that would roll back many of the strict drug laws implemented by former Gov. Nelson Rockefeller. While Pataki portrayed the proposals as a compromise designed to meet legislative objections to earlier plans, the initiative was immediately panned by critics who said the Republican governor is still not going far enough to ease the drug laws. Pataki said his plan would allow more people into drug treatment by expanding the categories of drug offenders eligible for such referrals. Eligible defendants, though, cannot have a violent record. The governor said he'd also give more discretion to judges when sentencing nonviolent drug felons and reduce some sentence lengths. For Class A-1 drug felons who are now subject to a minimum of 15 years to life in prison for a conviction, Pataki said his proposal would reduce their sentences to as little as 7 years and 2 months in prison. Pataki's plan also would increase sentences for violent and major drug traffickers. People who arm themselves while selling marijuana or narcotics would be subject to a five-year mandatory sentence, whether they use the firearm or not, and be considered a violent felon ineligible for diversion to a drug treatment program. Chauncey Parker, Pataki's criminal justice services coordinator, said the governor's plan was developed over the last four months in discussions with prosecutors, the Bar Association, prison reform groups and other interested organizations. The Republican-controlled state Senate quickly endorsed Pataki's proposal Friday. Majority Leader Joseph Bruno said it "strikes the right balance" between treatment for nonviolent addicts and tougher penalties for hardened criminals. A spokeswoman for Democrats in the state Assembly said Pataki's proposal "is not moving this issue forward." An Assembly proposal backed by Democrats gives judges more sentencing discretion than the governor favors and would lessen the power of prosecutors to block addiction treatment for certain defendants. The harshest of the Rockefeller drug laws date to 1973 and 1974. Rockefeller insisted on their adoption at a time when narcotics, especially heroin, was plaguing inner-city neighborhoods around the state. - --- MAP posted-by: Larry Stevens