Pubdate: Thu, 09 Jun 2005
Source: Times Union (Albany, NY)
Section: Pg B3
Copyright: 2005 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)

DRUG LAW REFORM PROSPECTS UNCLEAR

Assembly Democrats Push For More Changes To Statutes, But Bruno Cool To Idea

ALBANY -- Assembly Democrats unveiled a bill they called the "next step" in 
Rockefeller Drug Law reform Wednesday, but its prospects are dim as Senate 
Republicans appear uninterested in changes beyond the modest adjustments 
made last year.

The Assembly bill would double the weight of narcotics that trigger 
sentences for drug possession, return judges' sentencing discretion and 
allow some nonviolent felons to get substance abuse treatment instead of 
prison time. It would also increase penalties for drug traffickers and 
adults who use children to peddle drugs.

Assembly Speaker Sheldon Silver, D-Manhattan, said the goal is to help 
lower-level, Class A2 and B, offenders who are the bulk of those in prison 
for drug crimes but weren't helped by the 2004 deal, which cut sentences 
for only the highest-level, Class A1, offenders.

"We want the public to know ... we haven't forgotten the commitment to the 
next step in Rockefeller reform," Silver said.

Of the 446 Class A1 offenders in state prison when Gov. George Pataki 
signed changes to the drug laws, 66 have been resentenced, but only 21 were 
released as of April 30, according to the state corrections department .

Some A1 offenders are serving concurrent, lower level sentences that can't 
be reduced by judges. The Assembly bill would address this, Silver said, 
and also allow some Class B and all Class A2 drug offenders to 
retroactively appeal their sentences.

Albany County District Attorney David Soares, who won an upset victory in 
2004 with a drug law reform focus, called the Assembly bill "tough and smart."

But Senate Republicans don't seem interested. Last year, Majority Leader 
Joseph Bruno, R-Brunswick, said "there is more to be done" but there is no 
majority-sponsored bill.

Bruno spokesman Mark Hansen said: "We'll look at the Assembly proposal. But 
the Senate's top criminal justice priority this year is keeping children 
safe from sexual predators."

The renewed stalemate is the outcome many advocates feared after the 2004 
deal, which they felt would give lawmakers political cover for refusing to 
revisit it.

Michael Blain, director of public policy for the Drug Policy Alliance, a 
pro-reform group that helped Soares win, said: "Next year is not good 
enough. ... There will continue to be political consequences until we have 
real reform."

Silver said reform "is not political," and a deal is possible. "I haven't 
given up on this year yet."