Pubdate: Sat, 15 Jun 2002
Source: Times Union (Albany, NY)
Copyright: 2002 Capital Newspapers Division of The Hearst Corporation
Contact:  http://www.timesunion.com/
Details: http://www.mapinc.org/media/452
Author: Elizabeth Benjamin
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

DISTRICT ATTORNEYS BACK MODEST REFORMS TO DRUG LAWS

Albany -- Lawyers Seek to Reduce Sentences Given to High-Level Offenders, 
Offer More Treatment to Addicts

The state District Attorneys Association on Friday said it will back modest 
reform of the strict Rockefeller Drug Laws but urged state lawmakers not to 
accept the Democratic-controlled Assembly's "radical changes."

In a 13-page letter to Republican Gov. George Pataki and state legislative 
leaders, association President John Tunney said there is "widespread 
consensus" among the group's 62 members to reduce the potential life 
sentence for the highest-level drug offenders.

The group also supports increased funding for treatment programs as an 
alternative to prison for nonviolent offenders addicted to drugs, Tunney 
wrote in the June 13 letter.

Tunney, the Steuben County district attorney, called these moves "genuine 
reforms" that should not be "held hostage to the political debate over 
radical changes, particularly those proposed by the Assembly."

Tunney criticized the Assembly plan, saying it is "driven by myth" and 
"favors predatory drug dealers over public safety." He insisted judges 
already have great discretion over drug sentences and many drug offenders 
already are being sent to treatment under the existing laws.

Charles "Skip" Carrier, a spokesman for Assembly Speaker Sheldon Silver, 
D-Manhattan, called the district attorneys' position "overstated and not 
credible."

"Reforming the Rockefeller Drug Laws enjoys widespread support from 
Republicans, Democrats, Conservatives and Liberals," Carrier said. "The 
Assembly has advanced a compromise proposal that provides for real reform."

Jonathan E. Gradess, executive director of the New York State Defenders 
Association, said the district attorneys appear driven only to retain their 
power in court to broker plea bargains.

"This letter insults the judiciary," Gradess said. "It basically says, 'If 
we can't run the courtroom, there will be no treatment for people who need 
it.' "

The governor and the Legislature have tried for several years to negotiate 
a deal on reforming the 1973 drug laws, which opponents say mandate overly 
long prison sentences for offenders convicted of selling or possessing 
relatively small amounts of narcotics. The district attorneys dispute the 
term "small," pointing out that 2 ounces of cocaine can be cut into more 
than 4,000 doses and sell for more than $50,000.

Again this year, both Pataki and the Assembly have proposed drug law reform 
plans. The Assembly made concessions to the governor but still would 
provide more judicial discretion and offer more treatments. With less than 
one week left of the legislative session, the two sides appear far apart.

The Senate adopted Pataki's plan this week. Barring any breakthrough in 
negotiations over the weekend, the Assembly is scheduled to pass its bill 
Monday.
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