Pubdate: Tue, 3 Jun 2003
Source: New York Times (NY)
Copyright: 2003 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Authors: Al Baker, Thomas J. Lueck
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)
Bookmark: http://www.mapinc.org/find?155 (Drug Policy Alliance Staff)

PATAKI AND HIP-HOP MOGUL DISCUSS REVISING DRUG LAWS

ALBANY -- Gov. George E. Pataki met today at his New York City office with 
Russell Simmons, the hip-hop businessman who has emerged as a leading 
advocate for revising the state's penalties for drug crimes. The meeting 
came amid signs of movement toward liberalization of the penalties.

Mr. Simmons said he would fly to Albany on Tuesday to meet with legislative 
leaders to press for changes in the so-called Rockefeller drug laws, and 
spokesmen for the Republican governor and the Democratic Assembly speaker 
hinted that there might be progress toward a deal in the days ahead.

The issue has been stalled for two and a half years because the governor, 
Senate Republicans and Assembly Democrats have been unable to reach an 
agreement.

All three sides agree that the mandatory sentences for minor drug offenses 
are overly harsh, but they have been unable to agree on who should have the 
largest voice in sentencing. The governor would let prosecutors decide but 
would allow defendants to appeal a decision to a judge. Senate Republicans 
have repeatedly supported the governors' position, but Assembly Democrats 
want the power to go to judges.

The inability to revise the laws considerably has been seen as an example 
of the legislative gridlock for which the capital is known, and deals have 
seemed close in the past, only to disintegrate.

Mr. Simmons has thrust himself into the issue by holding a series of 
rallies in recent weeks to arouse public interest in putting pressure on 
Albany.

The meeting with the governor lasted more than two hours. A spokeswoman for 
the governor characterized the meeting later as "very productive." Lynn 
Rasic, the spokeswoman, said, "The governor is hopeful that a compromise on 
reform of the drug laws can be reached quickly."

Mr. Simmons said afterward that Mr. Pataki appeared to be "anxious to get 
this thing done, as far as we can tell." He said Mr. Pataki "is very aware 
of the unfair aspects of the law."

"Repeal or reform, I think, are semantics, but there will be dramatic 
change," Mr. Simmons said. "Even if it is not done day after tomorrow," he 
added, "we know it is going to get done." Mr. Simmons called for another 
rally in Manhattan on Wednesday to press for repeal of the drug laws.

All sides hinted tonight that there might be movement.

Charles R. Carrier, a spokesman for Assembly Speaker Sheldon Silver, said 
Mr. Simmons had spoken with Mr. Silver and Mr. Silver's counsel. "He is 
optimistic about reaching a negotiated agreement on Rockefeller drug law 
reform this session," Mr. Carrier said.

A spokesman for Joseph L. Bruno, the Senate majority leader, said Mr. Bruno 
would not be opposed to meeting with Mr. Simmons or his representative in 
Albany on Tuesday.

The meeting between Governor Pataki and Mr. Simmons came on a day when 
advocates of revising the laws were growing increasingly pessimistic that a 
deal could be reached before the Legislature adjourns this month.

This afternoon the State Assembly adopted a bill to revise the laws. Some 
in the State Capitol, including the Republicans who control the Senate, 
said the Assembly bill would have difficulty since it was not much 
different from the one the Assembly adopted last year, which languished and 
died in the chamber.

"It seems like it's old wine in a new bottle," said Robert Gangi, the 
director of the Correctional Association of New York and a longtime 
proponent of repealing the laws. "Our hope was that in this stage of the 
negotiations, they would put out a bill that either represented repeal or 
significant steps toward repeal."

Mr. Simmons has been hoping to generate enough publicity to force the 
Legislature and governor to act. He has been joined by others in the 
hip-hop music industry as well as politicians at both ends of the political 
spectrum, including Andrew M. Cuomo, who ran unsuccessfully for governor 
last year. The laws were adopted 30 years ago, in the height of a crime 
wave linked to the drug trade and named for Gov. Nelson A. Rockefeller, who 
sponsored them. Opponents want to change the laws, which impose lengthy 
mandatory minimum sentences for drug offenses, even for first-time 
nonviolent offenders.

Mr. Simmons has been advised on the issue by Deborah P. Small, director of 
public policy and community outreach for the Drug Policy Alliance, a 
nonprofit organization based in Manhattan and focused on changing national 
drug policy.

Ms. Small, who was at the meeting with Mr. Simmons and the governor, said 
this evening that she and Mr. Simmons proposed a compromise plan that she 
hoped the three sides of state government could adopt, although she 
declined to provide details.

"We discussed the differences, and we tried to present to the governor what 
we thought represented a middle ground," Ms. Small said.

Ms. Small said the governor was very positive about their proposals, though 
she expressed caution about the chances of reaching a deal.

"We need all three sides, and there is no deal until they've all agreed," 
Ms. Small said. "So getting a favorable response from the governor is a 
good first step, but if in any way it jeopardizes getting others to the 
table, that is not a good thing."

Ms. Small has been pressing three goals: to see sentences for nonviolent 
drug offenders reduced so that they are proportionate to the sentences of 
other nonviolent offenders; to make sentencing relief retroactive so that 
those currently in prison can be released; and to see that judges have the 
power to decide who qualifies for drug treatment rather than prosecutors, 
as the current law dictates.

The governor has remained at loggerheads with Assembly Democrats over how 
much leeway judges should be given to send addicted felons into treatment 
programs rather than to prison.

Aides to the governor said he has worked for a year and a half to find an 
acceptable compromise. The state criminal justice coordinator, Chauncey G. 
Parker, has been meeting behind the scenes with more than 50 groups, 
including advocates, prosecutors, defense lawyers, treatment providers, 
judges and others to find out what would be acceptable to achieve 
significant change.

Ms. Small said her goal was to "try to at least have a conceptual agreement 
between the three parties by the rally on Wednesday."

She added, "We basically told them that this is an opportunity for 
everybody to be able to get credit."
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MAP posted-by: Jackl