Pubdate: Mon, 26 Mar 2001
Source: Ithaca Journal, The (NY)
Copyright: 2001, The Ithaca Journal
Address: 123-127 W. State St., Ithaca, NY  14850
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Author: Yancey Roy, Gannett News Service
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

HARD NEGOTIATIONS LOOM FOR ROCKEFELLER DRUG LAWS

ALBANY -- With politicians from both houses and the governor calling for 
rewriting the state's tough Rockefeller-era drug laws, it would seem change 
is in the air.

But a close look at the different proposals on the table show Republicans 
and Democrats are far apart on the details of how to do it. Minimum 
sentences, judges' discretion, prosecutors' power are just some of the 
thorny issues.

Enacted under Gov. Nelson Rockefeller in 1973, New York's drug laws are 
considered among the nation's harshest. Offenders can receive life terms 
for possessing or selling even small amounts of narcotics. The laws granted 
judges little discretion on sentencing people convicted of certain felonies.

Since their enactment, the laws have contributed to the growth in the 
number of state prisoners. The prison population mushroomed from 12,500 in 
1973 to 71,472 in 1999, but has now dropped off slightly. About 21,000 
inmates are serving time for drug convictions. There were 20 state prisons 
in 1973 compared to 71 currently.

Opponents of the laws say the measures haven't curbed drug use and have 
disproportionately affected minorities, who account for the bulk of drug 
convicts.

For years, legislators stymied repeal efforts, with some admitting they 
were afraid of being labeled "soft on crime."

But momentum picked up a year ago when New York's Chief Judge Judith Kaye 
called for reform after studying the clogged court system.

Then, this year Gov. George Pataki joined the chorus when he said the laws 
were dated. "Today, we can conclude that -- however well intentioned -- key 
aspects of those laws are out of step with both the times and the 
complexitiesof drug addiction," Pataki said in his State-of-the-State 
address in January.

But when the Republican governor put his idea of reform into writing, many 
advocates called it disappointing. In contrast, a plan by the Democrat-led 
Assembly suggests more significant changes.

Pataki's proposal maintains the possibility of life sentences for 
first-time offenders convicted of the most serious crimes, called "Class A" 
felonies. His bill merely reduces the sentence from 15-years-to-life to 
10-years-to-life.

The Assembly plan limits first-time Class A felons to a maximum of 25 
years. The Assembly would also double the weight threshold (the amount of 
drugs sold or possessed) to trigger a Class A felony.

For less serious felonies, the Assembly plan would reduce minimum sentences 
from 4 1/2 years to 2 1/2 years and gives judges more discretion in meting 
out sentences. The governor's plan imposes strict sentencing guidelines 
(known as "determinate" sentencing) and orders that offenders serve at 
least six-sevenths of their sentence before coming up for parole.

Pataki also gives prosecutors a more prominent role in determining 
drug-treatment options and conditions. With the exception of a few types of 
crimes, judges must get prosecutors to consent to ordering a convict into a 
treatment program rather than into prison, under the governor's plan. A 
district attorney could also request that a person's probation be revoked 
if he or she tests positive for drugs.

The Assembly would give judges latitude over placements in drug-treatment 
programs.

Finally, the Pataki plan increases penalties for some marijuana crimes. For 
example, someone convicted of four marijuana possession charges in five 
years can be charged with a felony, facing three years in state prison. 
Under  current law, three convictions in three years requires only  up to 
15 days in a county jail.

While district attorneys have applauded Pataki's plan,  reform advocates 
say it could wind up putting more people in prison for drugs.

Prosecutors have too much power, low-level felons don't get an opportunity 
for parole soon enough and sentencing guidelines are still too strict, they 
say. More people could end up in prison for a longer time, they fear.

"What he characterized as a dramatic improvement turned out to be an awful 
lot less and doesn't amount to reform," said John Dunne, a former state 
senator who helped pass the Rockefeller drug laws but is now working to 
overturn them.

In contrast, district attorneys say Rockefeller drug laws have been blamed 
too often for the prison-population explosion. They say judges have 
significant sentencing leeway over every type of offense, save Class A 
felonies. And they say it's important for prosecutors to maintain a strong 
role in determining what crimes a person is charged with and whether he or 
she can go into drug treatment.

"If prosecutorial discretion is so bad in drug (cases), then why is it not 
bad in armed robbery?" said Schenectady County District Attorney Robert 
Carney, who heads the state DA association. "We don't want judges doing 
some  strange things, like giving probation for violent crimes ... It 
angers me when I hear this argument that prosecutors have too much control."

If the public wants shorter sentences, then the Legislature should lower 
minimum penalties, not take away prosecutors' power, he said. He added that 
although some groups and politicians are clamoring for change, "you don't 
hear it from neighborhoods affected by drug dealing."

So far, there haven't been any significant talks among politicians to make 
a deal this year. Uncertainty over the state budget has put almost all over 
matters on hold. Eventually, any drug-law bill may be tied to the budget 
because it could affect how much the state spends is spent on prisons and 
drug treatment.

The conventional wisdom at the State Capitol is that a deal would be easier 
to make this year than next, when the governor and all 211 legislators are 
up for re-election.
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