Pubdate: Sat, 08 Jun 2002
Source: Press & Sun Bulletin (NY)
Copyright: 2002 Press & Sun Bulletin
Contact:  http://www.pressconnects.com/
Details: http://www.mapinc.org/media/878
Author: Erika Rosenberg
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

PATAKI UNVEILS REFORM PLAN FOR ROCKEFELLER DRUG LAWS

Critics Say Proposal Not Enough

ALBANY -- Saying he's committed to change, Gov. George E. Pataki 
released a new proposal for softening the state's harsh drug laws 
Friday, but some reform advocates called it little more than rehash.

Under the plan, life sentences for drug criminals would be 
eliminated, more people would be eligible for treatment instead of 
prison, and judges would have more leeway to order treatment instead 
of prison, even if prosecutors disagreed.

But critics say despite the changes, too many drug offenders would 
remain in prison and not qualify for treatment programs.

Pataki has said for two years that he wants to reform the 
Rockefeller-era laws that mandate lengthy prison sentences for 
possessing even small amounts of drugs. But he's been unable to reach 
agreement with Assembly Democrats on specifics.

This year, an election year for Pataki and all legislators, the 
governor renewed the push, meeting with groups on all sides of the 
issue and directing his criminal-justice chief to make it a top 
priority.

"We will not stop in this unprecedented campaign to finally reform 
the Rockefeller drugs laws until we get the job done," Pataki said in 
a news release Friday.

But some drug-reform groups said Pataki's approach remained the same 
in many respects and accused him of using the issue to appeal to 
minority voters without being serious about reform.

"I'm actually disappointed. He's made this a cornerstone of his 
political talks to most of the African-American and Latino community 
leaders," said Deborah Small of the Drug Policy Alliance in New York 
City.

Looking at the new proposal, "I have to think they're more interested 
in political posturing and getting points" than in real reform, she 
said.

The existing laws, enacted under former Gov. Nelson Rockefeller in 
1973, have contributed to a five-fold increase in the number of 
prisoners to about 65,000 but done little to curb drug addiction or 
sales, critics say.

"The governor wants our votes, particularly Latino votes, but is not 
willing to do anything to deserve them, which is insulting," said 
Terrence Stevens, a Harlem resident who served eight years of a 15 
years-to-life sentence for selling drugs. It was his first offense, 
and Pataki granted him clemency in 2000.

Pataki's criminal-justice chief, though, said the governor is 
committed to reform and hopeful it can be accomplished.

"Why would he send me out to spend thousands of hours talking to all 
these different groups?" Chauncey Parker said. "We've made many, 
many, many changes. ... There's no reason in the world why we can't 
accomplish meaningful reform of these drug laws this year."

Parker said the remaining points of disagreement are negotiable. "Not 
one of these things is a deal-breaker."

They include:

* How many of today's prisoners could have their prison sentences 
reduced. Pataki's proposal would allow only those convicted of the 
most serious drug crimes to appeal to a judge for a shorter sentence, 
but reform advocates say that leaves out most drug offenders in 
prison.

* Whether people with more than one prior nonviolent felony 
conviction should be eligible for treatment instead of prison. 
Advocates say they should; Pataki's bill doesn't include them.

* Who should monitor drug defendants participating in court-ordered 
treatment programs over the objections of prosecutors. Pataki wants 
the state Parole Board system to oversee the offenders, while 
advocates say it should be judges deciding whether they are making 
progress in treatment.

* Whether to change the threshold weights of drugs that determine 
what level charge a person faces. Pataki has kept them the same, 
while Assembly Democrats want to double them.

Assembly Democrats greeted Pataki's new plan skeptically; Senate 
Republicans were more enthusiastic.

"It appears that the governor is not moving this issue forward," said 
Eileen Larrabee, spokeswoman for Assembly Speaker Sheldon Silver, 
D-Manhattan.

Pataki's plan "strikes the right balance between treatment programs 
and prison alternatives," said Senate Majority Leader Joseph Bruno, 
R-Brunswick, Rensselaer County.

Pataki's proposal also boosts penalties for drug crimes when guns are 
involved, adding five years to whatever prison sentence is imposed.
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