Pubdate: Thu, 19 Jun 2003 Source: Times Union (Albany, NY) Copyright: 2003 Capital Newspapers Division of The Hearst Corporation Contact: http://www.timesunion.com/ Details: http://www.mapinc.org/media/452 Author: ELIZABETH BENJAMIN, and JAMES M. ODATO, Capitol bureau MARATHON SESSION ON DRUG LAWS Late-Night Discussion Of Reform Goes Into The Early Morning At The Capitol Gov. George Pataki and legislative leaders emerged early this morning from a marathon negotiation session with hip-hop mogul Russell Simmons and other Rockefeller Drug Law reform advocates hinting that a deal to ease the strict laws could be at hand as lawmakers prepared to leave Albany today. After almost 7 hours of closed door negotiations that ended at about 1:10 a.m., Pataki said substantial progress has been made to reform New York's tough drug sentencing laws but much more hard work is necessary. ``We have an opportunity to achieve a historic goal that has eluded the state for 30 years,'' Pataki said. ``We're going to do everything we can, I am, to make sure we achieve that.'' Legislative leaders said their staffs will continue working on reform proposals. Simmons swiftly left the Capitol, telling a reporter that he is done with negotiations. He said he was invited to the discussions by Pataki and the leaders of the Legislature but after a chat with Secretary of State Randy Daniels annnounced that he won't provide any details of any proposed agreement. Simmons flew into Albany Wednesday with Deborah Small, director of public policy at the Drug Policy Alliance, and Ben Chavis, a former executive director of the NAACP who is now president of the Hip-Hop Action Network, a nonprofit advocacy organization founded by Simmons in 2001. The three were closeted with Pataki, Senate Majority Leader Joseph L. Bruno, R-Brunswick, and Assembly Speaker Sheldon Silver, D-Manhattan. Also in the room was state Criminal Justice Services Director Chauncey Parker, who left several times to fetch legal reference books and other documents. The stage was set for a possible breakthrough on this long-stalled issue Tuesday, when Silver staked out a new position with a bill that offered some significant concessions to Pataki and Bruno. The bill would not alter the current balance of power between district attorneys and judges when it comes to deciding which drug offenders can be diverted away from prison and into substance abuse treatment. Advocates for full repeal of the Rockefeller Drug Laws have long pushed for complete judicial discretion, a major sticking point in reform talks. Silver's legislation also did not identify any additional money to expand the state's drug treatment system. The Assembly bill would double the weight of narcotics found on an offender to trigger certain prison sentences, which supporters believe will reduce the number of people who do time on drug charges. The 1973 drug laws set long mandatory minimum sentences -- including life -- for sale of two ounces of a narcotic or possessing four ounces. The bill also would restructure sentences for drug offenses from the highest-level, or Class A, felonies, which now carry a 15-years-to-life sentence, down to the lowest level, Class E. In addition, it called for allowing Class A and Class B drug offenders currently in prison to appeal their sentences retroactively under the new sentence structure. As drug law negotiations have dragged on over the past eight years, Pataki has been unwilling to extend the boon of retroactive appeals to B-level convicts. Assemblyman Jeffrion Aubry, D-Queens, who repeatedly has introduced legislation to repeal the Rockefeller Drug Laws, said Assembly Democrats offered this compromise because they believe they have reached the limit of how much Pataki is willing to give up. ``We knew we were getting to the point where we were going to suffer the weight of inertia,'' said Aubry, chairman of the Assembly Correction Committee. ``For the moment, there is a recognition of what we are going to get from the governor. We're past the point of election when he seemed most open to doing this.'' Aubry, who waited outside the governor's office with reporters in hopes of hearing an announcement on drug law reform, said he is glad to see some movement on the issue. ``You take what victories you can now and look out to the next governor to try again,'' Aubry said, adding that he plans to continue to work on drug law repeal even if he does not remain in the Legislature. ``I'll always be a citizen,'' he said. While much attention was focused on reaching agreement on easing the drug sentencing laws, other topics receiving serious discussion as the Legislature worked deep into Wednesday night included the cleanup of brownfields and action to at least extend New York City's rent control laws for another one to four years. A bill carried by Sen. Elizabeth Little, R-Queensbury, appeared abruptly at Gov. George Pataki's request. The bill would ratify the 1993 casino compact between the Gov. Mario M. Cuomo and the St. Regis Mohawk Tribe. The compact was rendered invalid last week by the Court of Appeals, which said the Legislature had to approve such gambling deals. Little said she sponsored the bill since the Akwesasne Reservation casino is in her district. She expected the Legislature to pass the bill, which appeared the day after Mohawk chiefs and chiefs-elect appeared in the Capitol. Other measures getting close scrutiny were: - -- A bill to help the Pyramid Cos. create North America's biggest resort/mall complex in Syracuse by guaranteeing the developer more than $600 million in tax credits. Lawmakers said they were having difficulty understanding the complex financing deal. - -- A bill to create regulated assisted living homes, where residents have more independence than nursing homes. Health care advocates were optimistic about the chances of this legislation. - -- A bill authorizing emergency room contraception for rape victims. The Assembly passed the measure. The Senate is mulling it over, but advocates and opponents suspect it may be put off in this nonelection year. - -- Extension of the Superfund and creation of a brownfields law. Representatives of environmental groups expected a major announcement by today dealing with laws to clean up toxic or spoiled sites. - -- A measure that specifies appropriations and revenues needed to administer this year's budget. Gov. George Pataki's aides say the measure is needed because of flaws in the legislative budget. Legislative leaders and Pataki said Wednesday that they will continue to work on reaching deals, but gave few details. The legislative leaders maintained today will be the last day of session. Many lawmakers say they anticipate returning later this year. - --- MAP posted-by: Keith Brilhart