The Prison Explosion, Part 1d

DRUG LAW REFORM BILLS AT A GLANCE

New York's drug statutes provide for mandatory minimum sentences of 15
years to life for the sale or two ounces or possession of four ounces of a
controlled substance, such as cocaine of heroin.

Possession of two ounces or sale of a half-ounce merits a minimum
three-year term. For a single $10 sale of cocaine, the minimum term is one
to three years. In both cases, prosecutors note that many offenders plead
to lesser charges or are diverted to shorter drug treatment or shock
incarceration programs.

Additionally, a prison sentence is mandated under a separate law for any
second felony conviction.

The following are excerpts of bills in the state Legislature that would
revise the so-called Rockefeller drug laws:

Repeal mandatory sentences

Bills: Assembly A4117; Senate S7611.

Sponsors: Assemblyman Jeffrion L. Aubry, Sen. Velmanette Montgomery.

Summary: "This bill provides new sentencing guidelines for offenses
involving the possession and sale of controlled substances and allows
judicial discretion in sentencing offenders to alternative
punishments....(It) would repeal the mandatory sentencing requirements of
the Rockefeller Drug Laws and the Second Felony Offender Law as it relates
to drug offenses."

Justification: "Judges are now bound by rigid guidelines requiring stiff
prison terms for drug offenses, even for possession of relatively small
amounts of drugs. The sentences escalate steeply when a person is convicted
of a second felony within 10 years."

Allowing appellate review

Bill: Senate S4009

Sponsor: Sen. James Lack.

Summary: "The bill allows the Appellate Division on appeal to determine
that such a sentence (of 15-year-to-life for an A-1 drug felony) is unjust
in a particular case, and to reduce the minimum sentence... (not) below
five years. (Additionally, the bill) allows deferral of prosecution of
certain drug offenses where the court finds that the defendant has a
history of controlled substance dependence."

Justification: "Will allow some deserving defendants in particular cases to
escape the harsh consequences of the sentencing laws."

Increase drug threshold

Bill: Assembly A10051.

Sponsor: Martin Luster.

Summary: ''Increases the amounts of controlled substances a defendant must
possess or sell to commit a class A felony... authorizes the deferral of
prosecution in certain controlled substance proceedings; eliminates certain
plea restrictions on controlled substance offenses; authorizes alternative
sentencing and probation upon conviction.''

Justification: ''A Zogby International poll conducted in May 1999 showed
that by a 2-1 ratio, New Yorkers support reducing drug sentences and
sending drug offenders to treatment programs rather than jail. A broad and
growing group of office holders and organizations supports drug sentencing
reform.''

Treatment, reduced sentence

Bill: Sentencing Crime Act of 2000.

Sponsor: Proposed by Gov. George Pataki.

Summary: Among many other changes, "the bill establishes drug treatment
program alternatives for those eligible offenders suffering from drug
dependency and creates a mechanism for intermediate appellate review (of
sentences that are)... harsh or excessive."

Justification: "More than one-half of those convicted in 1998 of nonviolent
drug sale and possession in New York were also convicted of other crimes.
Nevertheless, recognizing that a small number are truly low-level,
first-time drug offenders... the bill provides for the appellate review of
sentences imposed on those convicted of class A-1 drug possession... (The)
minimum sentence may be reduced from the mandatory minimum A-1 sentence of
15-25 years to 10 years.

"In addition, to the extent that some drug addicts who either sell drugs to
support their habit or possess drugs for personal consumption are
inappropriately imprisoned under the current law, the bill establishes a
drug treatment alternative to prison program."