Pubdate: Tue, 15 Jul 2003
Source: Newsday (NY)
Copyright: 2003 Newsday Inc.
Contact:  http://www.newsday.com/
Details: http://www.mapinc.org/media/308
Author: Michael Gormley, Associated Press Writer

PATAKI PROPOSES NEW REFORM OF ROCKEFELLER DRUG LAWS

ALBANY, N.Y. -- Gov. George 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.

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 released about his proposal. "The bill would completely replace the 
drug law sentencing structure, providing dramatic reductions in sentencing 
for all nonviolent drug offenses and allow for retroactive relief for 
hundreds of nonviolent drug felons."

To try to soften opposition from prosecutors and others, the proposal would 
also toughen penalties for so-called drug kingpins, for dealers who use 
guns or sell drugs to children or by using 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.

The proposal includes agreements worked out in an seven-hour closed-door 
session between Pataki, legislative leaders and hip hop mogul Russell 
Simmons, an activist for reform of the laws.

The proposal would:

_Dramaticaly reduce penalties for all nonviolent drug offenders. For 
example, 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 lower 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 a sixth of 
their minimum sentence. Approximately 10,000 offenders could be eligible 
for this additional reduction, according to the proposal.

There was no immediate comment Tuesday from legislative leaders.
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MAP posted-by: Keith Brilhart