Pubdate: Thu, 19 Jun 2003
Source: Times Union (Albany, NY)
Copyright: 2003 Capital Newspapers Division of The Hearst Corporation
Contact:  http://www.timesunion.com/
Details: http://www.mapinc.org/media/452
Author: ELIZABETH BENJAMIN, and JAMES M. ODATO, Capitol bureau

MARATHON SESSION ON DRUG LAWS

Late-Night Discussion Of Reform Goes Into The Early Morning At The Capitol

Gov. George Pataki and legislative leaders emerged early this morning from 
a marathon negotiation session with hip-hop mogul Russell Simmons and other 
Rockefeller Drug Law reform advocates hinting that a deal to ease the 
strict laws could be at hand as lawmakers prepared to leave Albany today.

After almost 7 hours of closed door negotiations that ended at about 1:10 
a.m., Pataki said substantial progress has been made to reform New York's 
tough drug sentencing laws but much more hard work is necessary.

``We have an opportunity to achieve a historic goal that has eluded the 
state for 30 years,'' Pataki said. ``We're going to do everything we can, I 
am, to make sure we achieve that.''

Legislative leaders said their staffs will continue working on reform 
proposals. Simmons swiftly left the Capitol, telling a reporter that he is 
done with negotiations. He said he was invited to the discussions by Pataki 
and the leaders of the Legislature but after a chat with Secretary of State 
Randy Daniels annnounced that he won't provide any details of any proposed 
agreement.

Simmons flew into Albany Wednesday with Deborah Small, director of public 
policy at the Drug Policy Alliance, and Ben Chavis, a former executive 
director of the NAACP who is now president of the Hip-Hop Action Network, a 
nonprofit advocacy organization founded by Simmons in 2001.

The three were closeted with Pataki, Senate Majority Leader Joseph L. 
Bruno, R-Brunswick, and Assembly Speaker Sheldon Silver, D-Manhattan. Also 
in the room was state Criminal Justice Services Director Chauncey Parker, 
who left several times to fetch legal reference books and other documents.

The stage was set for a possible breakthrough on this long-stalled issue 
Tuesday, when Silver staked out a new position with a bill that offered 
some significant concessions to Pataki and Bruno.

The bill would not alter the current balance of power between district 
attorneys and judges when it comes to deciding which drug offenders can be 
diverted away from prison and into substance abuse treatment. Advocates for 
full repeal of the Rockefeller Drug Laws have long pushed for complete 
judicial discretion, a major sticking point in reform talks.

Silver's legislation also did not identify any additional money to expand 
the state's drug treatment system.

The Assembly bill would double the weight of narcotics found on an offender 
to trigger certain prison sentences, which supporters believe will reduce 
the number of people who do time on drug charges. The 1973 drug laws set 
long mandatory minimum sentences -- including life -- for sale of two 
ounces of a narcotic or possessing four ounces.

The bill also would restructure sentences for drug offenses from the 
highest-level, or Class A, felonies, which now carry a 15-years-to-life 
sentence, down to the lowest level, Class E. In addition, it called for 
allowing Class A and Class B drug offenders currently in prison to appeal 
their sentences retroactively under the new sentence structure.

As drug law negotiations have dragged on over the past eight years, Pataki 
has been unwilling to extend the boon of retroactive appeals to B-level 
convicts.

Assemblyman Jeffrion Aubry, D-Queens, who repeatedly has introduced 
legislation to repeal the Rockefeller Drug Laws, said Assembly Democrats 
offered this compromise because they believe they have reached the limit of 
how much Pataki is willing to give up.

``We knew we were getting to the point where we were going to suffer the 
weight of inertia,'' said Aubry, chairman of the Assembly Correction 
Committee. ``For the moment, there is a recognition of what we are going to 
get from the governor. We're past the point of election when he seemed most 
open to doing this.''

Aubry, who waited outside the governor's office with reporters in hopes of 
hearing an announcement on drug law reform, said he is glad to see some 
movement on the issue.

``You take what victories you can now and look out to the next governor to 
try again,'' Aubry said, adding that he plans to continue to work on drug 
law repeal even if he does not remain in the Legislature.

``I'll always be a citizen,'' he said.

While much attention was focused on reaching agreement on easing the drug 
sentencing laws, other topics receiving serious discussion as the 
Legislature worked deep into Wednesday night included the cleanup of 
brownfields and action to at least extend New York City's rent control laws 
for another one to four years.

A bill carried by Sen. Elizabeth Little, R-Queensbury, appeared abruptly at 
Gov. George Pataki's request. The bill would ratify the 1993 casino compact 
between the Gov. Mario M. Cuomo and the St. Regis Mohawk Tribe. The compact 
was rendered invalid last week by the Court of Appeals, which said the 
Legislature had to approve such gambling deals.

Little said she sponsored the bill since the Akwesasne Reservation casino 
is in her district. She expected the Legislature to pass the bill, which 
appeared the day after Mohawk chiefs and chiefs-elect appeared in the Capitol.

Other measures getting close scrutiny were:

- -- A bill to help the Pyramid Cos. create North America's biggest 
resort/mall complex in Syracuse by guaranteeing the developer more than 
$600 million in tax credits. Lawmakers said they were having difficulty 
understanding the complex financing deal.

- -- A bill to create regulated assisted living homes, where residents have 
more independence than nursing homes. Health care advocates were optimistic 
about the chances of this legislation.

- -- A bill authorizing emergency room contraception for rape victims. The 
Assembly passed the measure. The Senate is mulling it over, but advocates 
and opponents suspect it may be put off in this nonelection year.

- -- Extension of the Superfund and creation of a brownfields law. 
Representatives of environmental groups expected a major announcement by 
today dealing with laws to clean up toxic or spoiled sites.

- -- A measure that specifies appropriations and revenues needed to 
administer this year's budget. Gov. George Pataki's aides say the measure 
is needed because of flaws in the legislative budget.

Legislative leaders and Pataki said Wednesday that they will continue to 
work on reaching deals, but gave few details. The legislative leaders 
maintained today will be the last day of session. Many lawmakers say they 
anticipate returning later this year.
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MAP posted-by: Keith Brilhart