Pubdate: Tue, 15 Oct 2002
Source: Star-Gazette (NY)
Copyright: 2002sStar-Gazette
Contact:  http://www.stargazette.com/
Details: http://www.mapinc.org/media/1005
Author: Yancey Roy

GOLISANO LATEST TO URGE REPEAL OF ROCKEFELLER DRUG LAWS

ALBANY -- Independence candidate for governor B. Thomas Golisano called for 
a repeal of New York's harsh drug sentencing laws Monday, saying they were 
ineffective and racially biased.

Golisano unveiled a plan that would lower minimum sentences and give judges 
increased sentencing discretion. The Rochester-area billionaire will start 
running TV ads Wednesday in English and Spanish to promote overhauling the 
drug law. The ads feature family members of people serving time for drug 
offenses.

New York's Rockefeller-era drug laws were a top issue in the legislative 
session earlier this year, but neither Republican George Pataki nor 
Democrat H. Carl McCall have made it a primary topic during the campaign 
homestretch. Golisano and McCall said Pataki hasn't delivered on a promise 
to change the drug laws, enacted in 1973 under the late Gov. Nelson 
Rockefeller. There are about 20,000 drug offenders in state prisons, nine 
in 10 of them African-American or Hispanic.

"For far too long, the ineffective and unfair sentencing requirements of 
the Rockefeller drug laws have shattered lives and hurt New York families 
and taxpayers," Golisano said in a statement. "My proposal would give 
judges and prosecutors, not politicians, the power to decide who goes to 
prison and for how long and place a much needed emphasis on treatment for 
first-time offenders." Golisano's plan would lower the minimum sentence for 
the most serious drug offenses, known as A-1 felonies (possessing four 
ounces of narcotics or selling two ounces) to three to five years in 
prison, instead of 15 years to life. The maximum would remain 25 years to life.

It would double the weight threshold to trigger all "A" felonies. It would 
increase leeway for judges to order someone into treatment. And it would 
allow current inmates to appeal their sentences -- on a much greater scale 
than the governor or Democrats in the Legislature have proposed.

Pataki, a Republican, said last year rewriting the laws was one of his top 
priorities. The governor's plan would shorten the harshest sentences and 
put more people into drug treatment -- although it would give prosecutors a 
role in who gets sent into such programs. He would allow only those serving 
the harshest sentences to appeal. His administration has consistently 
called it a "smart, balanced plan."

"The governor has proposed significant reform," said Pataki spokeswoman 
Mollie Fullington. "He is the first governor to propose significant reform 
of the Rockefeller Drug Laws."

However, reform hasn't happened. Pataki sidestepped a question about the 
issue during a debate among the candidates Sunday. Critics have said 
Pataki's plan doesn't allow judges enough sentencing discretion, gives 
prosecutors too much power and doesn't change the threshold weights for 
felonies.

Talks between the governor and the Assembly, which supports more 
far-reaching changes, to reform the laws broke down in June. State 
Comptroller McCall supports the Assembly plan. He has been highly critical 
of Pataki's efforts, saying the governor "shirks his responsibility."

However, McCall hasn't raised the Rockefeller-era drug law as an issue 
since August.

"The comptroller has been talking about it for a year and a half," said 
McCall spokesman Steve Greenberg. "The comptroller has a long, consistent 
view on reforming the Rockefeller Drug Laws."
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