Pubdate: Sat, 08 Jun 2002
Source: Rochester Democrat and Chronicle (NY)
Copyright: 2002 Rochester Democrat and Chronicle
Contact:  http://www.democratandchronicle.com/
Details: http://www.mapinc.org/media/614
Author: Erika Rosenberg
Note: Includes reporting by staff writers Michael Zeigler, Rick Armon and 
Patrick Flanigan.
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

PATAKI PROPOSES SOFTER DRUG LAWS

Saying he is committed to change, Gov. George Pataki released a new 
proposal for softening the state's harsh drug laws Friday.

However, some reform advocates say too many people would not qualify for 
treatment programs.

Under the plan, life sentences for drug criminals would be eliminated, more 
people would be eligible for treatment programs and judges would have more 
leeway to order treatment instead of prison, even if prosecutors disagreed.

Pataki's proposal also would allow those convicted of the most serious drug 
crimes to appeal to a judge for a 50 percent reduction in their sentence, 
from 15 years to life to as little as seven years and two months in prison.

Advocates say that leaves out most drug offenders in prison.

And Monroe County District Attorney Howard R. Relin objects on other grounds.

"It makes no sense to me at all," Relin said.

"These people were major drug dealers. They were not street users."

Relin said, however, that he generally accepts Pataki's proposal and 
supports changes that would encourage drug treatment as an alternative to 
incarceration.

The state's existing laws, enacted under Gov. Nelson Rockefeller in 1973, 
mandate lengthy prison sentences for possessing even small amounts of 
drugs. They have contributed to a fivefold increase in the number of 
prisoners to about 65,000 but have done little to curb drug sales, critics say.

"I definitely think the laws need to be reviewed and updated," said Monroe 
County Sheriff Patrick O'Flynn, who hadn't examined Pataki's proposal.

Rochester City Court Judge Roy King, who oversees the city's Drug Treatment 
Court, also said changes are needed. He hadn't reviewed the plan but said, 
"At least they are talking about it."

Pataki's plan would:

* Allow more people into drug treatment by expanding the categories of drug 
offenders eligible for such referrals. The governor said, however, that no 
one with a violent criminal record would be eligible.

* Give more discretion to judges when sentencing nonviolent drug felons.

* 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 
ineligible for diversion to a drug treatment program.

Rochester Police Chief Robert Duffy said he had not reviewed Pataki's 
proposal enough to comment specifically. But he said the current 
drug-fighting method isn't working.

"Our entire system lacks the level of coordination, the big-picture vision 
and focus that we need to make a difference," Duffy said.

The solution must include a comprehensive approach that includes 
enforcement, treatment, prevention and education, he said.

He urged lawmakers to become acquainted with the problem before proposing 
changes. They should visit treatment centers, ride with police through 
drug-plagued areas and view the lives of residents held hostage in their 
homes because they're afraid of drug dealers on the streets, he said.

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.

The Democrat-controlled Assembly said its rival bill would give judges more 
sentencing discretion than the governor favors and prosecutors less power 
to block the diversion of defendants into drug treatment than the governor 
would allow.

"The concept of pushing the prosecutor out of that process is bad for 
public safety and bad for treatment programs," Pataki's criminal-justice 
chief, Chauncey Parker, said.

Pataki has said for two years that he wants to reform the laws. But he has 
been unable to reach agreement with Assembly Democrats on specifics.

This year, Pataki 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 drug laws until we get the job done," Pataki said 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.

"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.

However, Parker said the governor is committed to reform.

"Why would he send me out to spend thousands of hours talking to all these 
different groups?" Parker said.

Parker said the remaining points of disagreement are negotiable. "Not one 
of these things is a deal-breaker."

They include:

* 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.

* Whether to change the threshold weights of drugs that determine what 
charge a person faces. Pataki has kept them the same, while Assembly 
Democrats want to double them.
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MAP posted-by: Jay Bergstrom