Pubdate: Thu, 22 Aug 2002
Source: New York Times (NY)
Copyright: 2002 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Shaila K. Dewan

HOPES FADING FOR REVISION OF ROCKEFELLER DRUG LAWS

Gov. George E. Pataki and Assembly Speaker Sheldon Silver acknowledged 
yesterday that they had reached a stalemate over revising the state's 
Rockefeller drug laws, and heatedly disagreed over who was responsible.

Each accused the other of lacking the will to act, and each called the 
other guilty of playing politics. The charges seemed to dampen hopes that a 
revision of the laws could be achieved this year  " a year that advocates 
of revision had seen as favorable to their cause, given the backdrop of the 
race for governor and legislative elections.

The Legislature left Albany this summer without reaching a compromise on 
changing the laws, which set mandatory sentences for drug offenses. 
Lobbyists have been pressing to have the laws amended, saying the sentences 
for low-level, nonviolent drug offenders were too long. Republicans and 
Democrats both endorsed changes, albeit with significant differences. 
Negotiations had been conducted, but the flare-up indicated little progress 
had been made.

The rhetoric, even for Albany, where public shaming is considered a 
standard negotiating tactic, was unusually high-pitched, coming as it did 
before the gubernatorial race.

Mr. Silver, a Democrat, prompted an exchange with the governor by calling a 
news conference with H. Carl McCall, the state comptroller who is seeking 
the Democratic nomination for governor. The conference, on the steps of 
City Hall, was billed as a joint statement criticizing the governor for 
failing to reach a compromise on the laws.

But Governor Pataki made a preemptive strike, issuing a strongly worded 
statement: "Today what has been apparent for several weeks now becomes 
crystal clear. The Assembly Democrats would rather play politics with 
Rockefeller drug law reform than achieve real reform."

Mr. Silver and Mr. McCall, standing shoulder to shoulder, returned the 
volley. "It's time for Governor Pataki to lead or get out of the way," Mr. 
McCall said.

Opponents of the laws had pinned their hopes on this election season. Mr. 
Pataki, who has been courting Latino voters, said he would change the laws; 
advocates for revisions said they thought the governor might feel pressured 
to deliver results. Nine of 10 drug offenders in prison are black or 
Hispanic. Yesterday, however, Democratic officials said that Mr. Pataki's 
concerns over Tom Golisano, an opponent in the gubernatorial race, might be 
outweighing his desire for Latino support.

The Pataki administration shook off criticism about the drug laws. 
Officials said they had a comprehensive proposal and that the Democratic 
Assembly had balked. Republicans suggested that Mr. Silver wanted to deny 
Mr. Pataki a legislative victory before the election.

Some of the people pushing for the revisions said they feared it would be 
at least another year before the issue could gain any traction. John Dunne, 
a former Republican state senator who helped write the laws and has spent 
the last few years to trying to change them, said, "There seemed to be 
general public recognition that reform should be accomplished."

Both sides had agreed that drug treatment, rather than jail time, should be 
an option for low-level, nonviolent drug offenders. But they disagreed on 
core issues. The governor wanted prosecutors to decide which offenders were 
eligible for treatment, while Mr. Silver said the choice should rest with 
judges. Mr. Silver wanted any changes to sentences to be retroactive, while 
the governor wanted to require those serving time to petition for release.
- ---
MAP posted-by: Beth