Pubdate: Tue, 04 May 1999
Source: Rochester Democrat and Chronicle (NY)
Copyright: 1999 Rochester Democrat and Chronicle
Contact:  55 Exchange Blvd. Rochester, NY 14614
Fax: (716) 258-2356
Website: http://www.democratandchronicle.com/
Author: Yancey Roy, Democrat and Chronicle

PATAKI PROPOSES SOME EASING OF DRUG SENTENCES

ALBANY, N.Y. (May 4, 1999) -- Gov. George Pataki proposed easing the
state's strict drug-sentencing laws yesterday in exchange for severely
limiting parole for all felons -- including nonviolent offenders -- and
establishing fixed prison sentences.

In a day dominated by criminal-justice issues, Assembly Democrats countered
by offering a package of school-violence bills that included banning
assault weapons and requiring trigger locks on handguns. The measures were
expected to pass in the Democrat-led house.

That could set up a trade-off. Though neither Republicans nor Democrats
would go that far publicly, they didn't reject the others' proposals out of
hand, meaning talks could be in the works.

"Let's try to put together what we can agree on and find common ground on
as many issues as possible," the republican governor (pictured) said. "The
goal here, and I mean this sincerely, is to avoid partisan politics."

"Our first priority this session is passing bills that include a ban on
assault weapons and a trigger-lock requirement," said Patricia Lynch,
spokeswoman for Assembly Speaker Sheldon Silver, D-Manhattan. "We'll take a
very serious look" at Pataki's proposal.

Pataki suggested easing sentences for a limited number of drug offenders.
He proposed those convicted of the most serious (Class A) felonies, who
have no prior convictions, could get their sentences lowered from
15-years-to-life to 10-years-to-life, if a midlevel appeals court judge
agreed.

That would affect about 250 of the state's 22,300 drug offenders behind
bars, Pataki officials said.

In return, the governor wants to stiffen penalties for so-called drug
kingpins, making them subject to a 15-years-to-life sentence. Currently, a
person conspiring with at least three others to sell drugs faces a
one-to-three-year sentence.

He also wants to toughen penalties for money laundering.

And Pataki also proposed severely limiting parole for nonviolent offenders,
making them serve six-sevenths of their sentences. Now, a first-time
nonviolent felon is eligible for parole after serving just one-third of the
sentence.

Nonviolent felons would still be eligible to reduce their sentences by
one-seventh by participating in rehabilitation. Also, sentences would be
fixed, such as five years for a certain crime rather than three-to-nine-years.

This follows Pataki's successful push last year for strictly limiting
parole for violent felons.

Advocates for reforming the drug laws, known as Rockefeller drug laws, said
Pataki's ideas "fall far short." They blame the laws, enacted in 1974 under
Gov. Nelson Rockefeller, of clogging the prison system with nonviolent drug
offenders who'd be better served by rehab than prison.
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