Pubdate: Thu, 18 Jan 2001
Source: Rochester Democrat and Chronicle (NY)
Copyright: 2001sRochester Democrat and Chronicle
Contact:  55 Exchange Blvd. Rochester, NY 14614
Fax: (716) 258-2356
Website: http://www.democratandchronicle.com/
Author: Jay Gallagher and James Goodman

PATAKI PROPOSES DRUG LAW OVERHAUL

Reforming Rockefeller-Era Rules Could Ease Prison Crunch

ALBANY, N.Y. (January 18, 2001) -- The minimum prison sentence for 
some drug offenders would be cut nearly in half and judges would 
receive more discretion in sentencing, under a plan unveiled on 
Wednesday by Gov. George Pataki to overhaul the state's strict 
Rockefeller-era drug laws.

Pataki's plan would lower the minimum term for possession of 4 ounces 
or more of narcotics from 15 years to 8 1/3 years. It would also 
allow those already serving time for those offenses to try to get 
their sentences cut.

The proposal would give judges the discretion to reduce prison terms 
for repeat offenders with no history of violent felonies and send 
others to drug-treatment programs instead of prison.

If convicts wash out of residential treatment programs, they would go 
to state prison and not get credit against their sentence for the 
time they were in treatment, according to state Criminal Justice 
Coordinator Katherine Lapp.

"This comprehensive, balanced proposal addresses the overly severe 
sentences of the Rockefeller drug laws, while recognizing that 
effective treatment for nonviolent offenders can work," Pataki said.

Pataki has proposed similar measures before that have been rejected 
by the Legislature. But supporters said this plan has a better chance 
because he is not tying it to anything unacceptable to lawmakers. In 
addition, pressure has been mounting to change the statutes.

"I believe the Legislature will probably act favorably," said 
Assemblyman David Gantt, D-Rochester. "We can't build our way out of 
this problem. We just keep overcrowding the jails."

The proposal is an "important first step," said John Dunne, a former 
assistant U.S. attorney general and director of the Campaign for 
Effective Criminal Justice, a group urging reform. Dunne helped write 
the Rockefeller laws when he was a state senator from Nassau County.

"(Pataki) stood up there today and said . . . 'We're not going to be 
soft on crime -- we're going to be smart on crime,' " said Dunne.

The laws enacted in 1973 under Gov. Nelson Rockefeller sought to make 
the penalties so tough that people would be scared away from using 
drugs.

The state had only 13,437 prison inmates then, compared with more 
than 70,000 now, almost 22,000 of whom are serving time for drug 
offenses. A total of 618 of those are serving 15-years-to-life 
sentences for possessing as little as 4 ounces of a narcotic or 
selling 2 ounces.

Corning resident Robert Bavisotto was one of those convicts. He 
admits he made a mistake when, in a financial bind, he began selling 
drugs two decades ago. But Bavisotto, who had no previous criminal 
record, does not think he deserved a minimum 20-year sentence for 
selling 3 ounces of cocaine.

Once in prison, Bavisotto encountered dozens of other inmates in 
similar situations.

"You realize you're stuck. No matter what you do, there is no way 
out. It takes away hope," said Bavisotto, 52, who was released from 
prison a year ago -- after serving 17 years -- because Pataki granted 
him clemency.

Bavisotto has since put his life together. He works full time at 
Corning Inc. He believes others serving long sentences under the 
Rockefeller laws also could could turn their lives around and save 
taxpayers money.

However, Walter J. Stauffer, a retired police officer from Sodus 
Point, Wayne County, opposes any reduction in sentencing for drug 
dealers or drug offenders who have committed other crimes to support 
their habit. And he is skeptical of the success of requiring someone 
to go into drug treatment. "They won't be cured of drug addiction 
until they want to be cured."

Monroe County District Attorney Howard Relin said the drug laws 
should be reconsidered -- with the maximum penalties given to sellers 
and distributors as opposed to addicts who sell to support their 
habit. He cited the success of Rochester's Drug Treatment Court as 
evidence that alternatives to incarceration work for low-level, 
nonviolent offenders.

But Relin opposes reviewing the cases of more than 500 nonviolent 
drug offenders who now could have their sentences reduced. "It 
doesn't make sense to have them re-appeal to get them out of prison," 
Relin said.

Clare Regan, who edits the newsletter of the local reform group 
Judicial Process Commission, said that judges need more discretion 
than provided for in Pataki's proposal.

And she noted that among the offenders serving 15 years to life are 
women who were either forced to carry drugs or unknowingly used as 
carriers. "It would make much more sense if they were given drug 
treatment and job training," she said.

Lapp said the legislation would divert nearly 6,000 inmates from 
prison when fully phased in by the fourth year. It costs about 
$30,000 a year to incarcerate an inmate in New York.

Pataki's Proposed Drug Law Reforms

Reduce current maximum sentence for first-time Class 1-A drug 
offenders without violent records from 15 years to life to 8 1/3 
years to life. For repeat offenders without violent records, the 
maximum sentence would be reduced to 10 years to life. The reforms 
would allow inmates already serving time under this harshest category 
of the drug laws to appeal and receive reduced sentences.

Reduce current maximum sentence for repeat Class B drug offenders 
without violent records from 4 1/2 to 9 years to a determinate 
sentence of 4 years. Offenders who serve six-sevenths of their term 
would be released after 3 years, 5 months.

Class C, D and E drug offenders without violent records, currently 
subject to mandatory sentences of at least 1 to 3 years, could be 
sentenced to complete six months in a residential drug-treatment 
center and avoid prison.

Repeat nonviolent drug offenders could be sentenced to 18 months in a 
residential drug-treatment center and avoid prison at the discretion 
of judges and with the consent of prosecutors.

Close what the governor called a loophole in state law that allows 
some kingpin drug traffickers to receive as little as 1 to 3 years in 
state prison. Instead imposes 15-years-to-life maximum sentences for 
those who "exercise leadership positions in drug rings, managing, 
controlling and overseeing drug organizations."

Create a new offense of a drug offender possessing a firearm and 
makes it a Class B felony, subjecting violators to between 6 and 25 
years in prison.

Heighten penalties for convictions of selling illegal substances over 
the Internet. Offenders found guilty of a Class C felony for drug 
sales (up to 15 years in prison) would face a Class B felony (up to 
25 years) if the sales were over the Internet.

Advance the penalties by one class in felony for people found guilty 
of using youths under age 18 in drug transactions.
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