Pubdate: Tue, 09 Jan 2001
Source: Times Union (NY)
Copyright: 2001 Capital Newspapers Division of The Hearst Corporation
Contact:  Box 15000, Albany, NY 12212
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Page: A6
Author: James M. Odato, Capitol bureau

DRUG LAW REFORM ADVOCATES HOPEFUL

After almost three decades of employing the toughest drug laws in the 
nation, New York's elected leaders may work toward changes that would 
substantially ease the flow of people to state prisons.

Gov. George Pataki uttered 14 words that stirred the hopes of dozens of 
groups trying to reform drug laws created in 1973 during fellow Republican 
Nelson Rockefeller's reign.

''I will send you legislation that will dramatically reform New York's 
Rockefeller drug laws,'' Pataki told the Legislature during his State of 
the State address.

''However well-intentioned, key aspects of those laws are out of step with 
both the times and the complexities of drug addiction,'' he added. ''I'm 
hopeful that we can come together in a bipartisan way to enact meaningful 
reform this year.''

The laws require judges to impose long sentences compared to time given for 
similar drug offenses in other states.

In the Capitol and across the state, activists dissected every syllable of 
the three lines of speech Pataki dedicated to the issue.

''They're about as vague as you can get, but I'd like to say we take some 
hope from a few things that he said,'' said Deborah Small, director of the 
Lindesmith Center-Drug Policy Foundation's public policy and community 
outreach. She said Pataki's call for bipartisan support suggests that he 
may not insist on elimination of parole, a ''deal stopper'' in the past.

Initial reaction from Assembly Speaker Sheldon Silver, D-Manhattan, was 
cool. However, several prominent members of his majority say privately they 
will urge him to support substantial changes, and Silver recently stated he 
will make reforms a priority this year.

But Assembly Democrats have said they will not agree to reforms in exchange 
for parole elimination.

Silver insists that judges have discretion when sentencing drug offenders, 
an ingredient called for by many of the reform activists.

Senate Majority Leader Joseph Bruno, R-Brunswick, said he is ''supportive'' 
of reforms but needs specifics. He blamed Silver for not being ''ready to 
really resolve any of the differences that we had and sit down in a serious 
way.''

Small said she hopes Pataki will not link reforms to a broader, contentious 
criminal justice package, and that any reforms provide alternatives to 
sentencing, such as addiction treatment in lieu of prison time for 
low-level offenders.

Advocates say that if Pataki seeks re-election in 2002, calling for reforms 
would place him in good standing with a majority of New Yorkers. A Zogby 
International poll last year showed substantial support for judicial 
discretion on drug violation sentencings.

''The New York electorate is really ahead of the government on this 
issue,'' Small said. ''He's trying to make his administration more in step 
with the electorate of New York.''

Recently, Roman Catholic bishops called on the state's 7.3 million 
Catholics to urge political leaders to move away from punishment and 
incarceration, and reforming the drug laws was a key component of their 
campaign. The Citizens Budget Commission, a public finance watchdog in 
Manhattan, reported that the state could save $ 96 million, or 4 percent of 
its corrections budget, by adjusting the drug laws and making other 
sentencing reforms.

Jamie Fellner, associate counsel for Human Rights Watch, called Pataki's 
comments ''apparent recognition for the need to drastically reform'' the laws.

Activists seeking reforms, including a group of mothers, demonstrated at 
the Capitol Wednesday to call attention to their children's prison terms.
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MAP posted-by: Keith Brilhart