Pubdate: Wed, 16 Jul 2003 Source: Buffalo News (NY) Copyright: 2003 The Buffalo News Contact: http://www.buffalonews.com/ Details: http://www.mapinc.org/media/61 Author: Michael Gormley, Associated Press Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws) PATAKI RELEASES PLAN TO OVERHAUL DRUG LAWS ALBANY - Gov. George E. Pataki on Tuesday released his latest proposal to overhaul the Rockefeller-era drug laws that require long prison sentences for possession and sale of even small amounts of narcotics. The proposal was immediately rejected by the Legislature's top Democrat, Assembly Speaker Sheldon Silver, who said it was "slipped under the door . . . after-hours last night." Pataki said if his proposal becomes law, hundreds of nonviolent offenders would be released from prison and thousands of others would have their sentences reduced. Pataki's proposal would "overhaul the drug law sentencing structure, provide retroactive relief for nonviolent offenders in prison, and toughen penalties for violent and predatory drug dealers," according to a statement Pataki issued. To try to soften opposition from prosecutors and others, the proposal would also toughen penalties for drug kingpins, for dealers who use guns or sell drugs to children or who use the Internet. "We cannot afford to lose this historic opportunity to pass a bill that would make an immediate difference to so many lives, as well as protect our neighborhoods and children from drugs and violence," Pataki said. Although Pataki said the proposal represents what he believed was a "consensus" with Silver and Senate Majority Leader Joseph Bruno, Silver said it was lacking in key areas. Silver said there must be a provision for diversion of nonviolent offenders to drug rehabilitation instead of prison and there must be greater discretion in sentencing by judges, instead of mandatory terms. "While we are dismayed by this less-than-comprehensive approach, we are hopeful that we can continue discussions," Silver said. The proposal includes agreements worked out in a seven-hour closed-door session among Pataki, legislative leaders and hip hop mogul Russell Simmons, an activist for reform of the laws. The proposal would: - -- Dramatically reduce penalties for all nonviolent drug offenders. Class A-I nonviolent, first-time felons could receive nearly a 50 percent reduction in sentencing. - -- Make eligible all nonviolent felons for a significant reduction in prison time through shorter sentences as well as credit for good behavior in prison. - -- Make virtually all nonviolent drug felons eligible for "retroactive relief." About 90 percent of the current 550 Class A-I drug felons would be eligible for re-sentencing. Approximately 67 percent of these eligible Class A-I felons, or about 370 offenders, could be released immediately. - -- Make all other nonviolent drug felons who have not reached their minimum sentences eligible for an additional merit time reduction of one-sixth of their minimum sentence. Approximately 10,000 offenders could be eligible. - --- MAP posted-by: Josh