Pubdate: Tue, 08 Jun 2004 Source: Times Union (Albany, NY) Copyright: 2004 Capital Newspapers Division of The Hearst Corporation Contact: http://www.timesunion.com/ Details: http://www.mapinc.org/media/452 Author: Elizabeth Benjamin, Capitol bureau Action: http://www.realreform2004.com/ Please view our fantastic Flash animation at www.realreform2004.com/flash Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) DISPUTE DIMS HOPE FOR DRUG LAW REFORM Bipartisan Committee Fails to Agree on Key Points of Progress for Deal on Changes The possibility of a legislative deal on drug law reform dimmed Monday after a bipartisan conference committee ended its meetings without either reaching consensus or agreeing to extend its public sessions. "We have to close down this and other issues to end the session in two weeks," said John McArdle, spokesman for state Senate Majority Leader Joseph Bruno. "For now, we're not planning on extending this committee." McArdle said the Senate Republicans want to pass what the committee has agreed on, and then have staff and individual lawmakers continue negotiating. In a statement, committee co-chairman Jeffrion Aubry, a Queens Assemblyman, and his fellow Democratic committee members called the Republicans' move disappointing. "Their suggestion that time does not permit us to continue our open and public discussion calls into question their overall commitment to this important issue," the statement read. The 10 members of the conference committee spent much of their sixth and final meeting bickering over whether they should reconvene. Legislative leaders already extended the committee's time limit twice. As it has been for several years, the main impediment to a final agreement is Class B drug offenders, who make up the bulk of those incarcerated on drug charges. The two sides agree that the highest level, or Class A, offenders should have their inordinately long sentences reduced and that life sentences should be abolished. They also concur on sentence reductions for lower-level -- Class C, D and E -- offenders. But whether first-time, nonviolent B-level felons should be able to be diverted directly into treatment rather than serve time in prison, as the Democrats desire, and whether a judge could make that decision without a district attorney weighing in, are big stumbling blocks. The Republicans on Monday argued that the committee should approve their proposal, which calls for significant sentence reductions for all but Class-B drug offenders. "I think we've come a tremendous way," said Sen. Martin Golden, R-Brooklyn. "We can come back for a fight on the B's." Each side believes it has moved considerably from its original position. Democrats gave in on making all drug sentences determinate, meaning there would be no possibility of parole. Republicans agreed to address offenders other than Class A's, put drug courts in every county and expand the state-run Willard Drug Treatment Campus in Seneca County. On Monday, the Democrats put forward a compromise plan that included concessions on judicial discretion in sentencing -- an issue on which they previously refused to budge. The proposal would allow district attorneys to request a review of judicial decisions on diversion and require an administrative judge to "promptly" hear the prosecution's case. Sen. Dale Volker, R-Depew, co-chairman of the committee, said the Democrats should have introduced their plan earlier. Nevertheless, he said he "remains optimistic" that a reform deal could be reached "before the year is out." - --- MAP posted-by: Richard Lake