Pubdate: Tue, 07 Dec 2004
Source: New York City Newsday (NY)
Copyright: 2004 Newsday, Inc.
Contact: http://cf.newsday.com/newsdayemail/email.cfm
Website: http://www.nynewsday.com/news/printedition/
Details: http://www.mapinc.org/media/3362
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

HIGHLIGHTS OF DRUG LAW SENTENCING AGREEMENT

Proposed changes in the state's mandatory drug sentences statutes
approved by the state Legislature Tuesday.

The most severe penalties under the statute were introduced in 1973 at
the urging of former New York Gov. Nelson Rockefeller.

Eliminates the maximum life sentences for the harshest of the
penalties. For the previous 15-to-25-years-to-life sentence given to
first offenders without prior criminal histories, a punishment of 8
years to 20 years would be substituted, making the offender eligible
for release from prison in about 6.8 years. Currently, that offender
would have to serve at least the minimum term of 15 years.

Offenders who now get lesser sentences under the statute, for
instance, three years to life under the old system, would have a
sentence of between three and 10 years. Offenders would be eligible
for release in 2.6 years.

Moderate reductions would be made in other mandatory drug sentences.
An offender who currently faces a 4-1/2-to-9-year sentence, for
instance, would face a determinate sentence of 3-1/2 years. That would
make them eligible for release in about three years.

The approximately 400 inmates serving time under the most severe
punishments in the current statute, with sentences of
15-to-25-years-to-life, can petition their sentencing court for
resentencing under the new guidelines.

All other nonviolent incarcerated drug offenders could apply for
additional "merit" time of one-sixth off their minimum sentences by
such positive behavior behind bars as earning a high school
equivalency degree, completing drug treatment or achieving a
vocational trade certificate.

Allows nonviolent drug offenders to enter the Comprehensive Alcohol
and Substance Abuse Treatment Program six months earlier than current
law allows, from two years of initial parole eligibility to 18 months
of initial parole eligibility.

Threshold weights for defendants involved in the most serious offenses
would be doubled. For instance, defendants would have to be caught
possessing eight ounces of cocaine or heroin to qualify for the most
serious punishment, instead of the current four ounces.

SOURCE: Senate Bill No. 7802/Assembly Bill No. 11895.
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