PATAKI PROPOSES MAJOR OVERHAUL OF ROCKEFELLER DRUG LAWS

ALBANY -- Gov. Pataki on Tuesday released his latest proposal to overhaul
the Rockefeller-era drug laws that require long prison sentences for
possession and sale of even small amounts of narcotics.

The proposal was immediately rejected by the Legislature's top Democrat,
Assembly Speaker Sheldon Silver, who said it was "slipped under the door
.. after-hours last night."

Pataki said if his proposal becomes law, hundreds of nonviolent offenders
would be released from prison and thousands of others would have their
sentences reduced.

Pataki's proposal would "overhaul the drug law sentencing structure,
provide retroactive relief for nonviolent offenders in prison, and toughen
penalties for violent and predatory drug dealers," according to a statement
Pataki released about his proposal. "The bill would completely replace the
drug law sentencing structure, providing dramatic reductions in sentencing
for all nonviolent drug offenses and allow for retroactive relief for
hundreds of nonviolent drug felons."

To try to soften opposition from prosecutors and others, the proposal would
also toughen penalties for so-called drug kingpins, for dealers who use
guns or sell drugs to children or by using the Internet.

"We cannot afford to lose this historic opportunity to pass a bill that
would make an immediate difference to so many lives, as well as protect our
neighborhoods and children from drugs and violence," Pataki said.

Although Pataki said the proposal represents what he believed was a
"consensus" with Silver and Senate Majority Leader Joseph Bruno, Silver
said it was lacking in key areas. Silver said there must be a provision for
diversion on nonviolent offenders to drug rehabilitation instead of prison
and there must be greater discretion in sentencing by judges, instead of
mandatory terms.

"While we are dismayed by this less-than-comprehensive approach, we are
hopeful that we can continue discussions," Silver said.

The proposal includes agreements worked out in an seven-hour closed-door
session between Pataki, legislative leaders and hip hop mogul Russell
Simmons, an activist for reform of the laws.

The proposal would:

Dramaticaly reduce penalties for all nonviolent drug offenders. Class A-I
nonviolent, first-time felons could receive nearly a 50 percent reduction
in sentencing.

Make eligible all nonviolent felons for a significant reduction in prison
time through lower sentences as well as credit for good behavior in prison.

Make virtually all nonviolent drug felons eligible for "retroactive
relief." About 90 percent of the current 550 Class A-I drug felons would be
eligible for re-sentencing. Approximately 67 percent of these eligible
Class A-I felons, or about 370 offenders, could be released immediately.

Make all other nonviolent drug felons who have not reached their minimum
sentences eligible for an additional merit time reduction of a sixth of
their minimum sentence. Approximately 10,000 offenders could be eligible.

"This bill reflects generally where the governor, Senator Bruno and the
(Assembly) speaker were toward the end of session," said John McArdle,
spokesman for Senate Majority Leader Joseph Bruno.

The Senate Republicans "strongly believe that increased penalties must be a
provision of any bill," McArdle said.

That is a provision that irks an advocate for prisoners.

"Our concern is that if Russell Simmons blesses this proposal ... this
reform proposal will be palmed off on the public as a historic breakthrough
when it is at best a cosmetic change," said Robert Gangi, executive
director of the Correctional Association of New York.

Gangi said the proposal isn't meaningful because it doesn't return
sentencing authority to judges, but instead maintains some mandatory
sentencing. He is also opposed to automatic increased penalties for drug
crimes involving children and the Internet without a judge being able to
consider factors in individual cases.

In New York City, Simmons called the bill "very fair and very balanced."

Benjamin Chavis, a leader of the Hip Hop Summit Action Network, said
repealing the law would have been impossible at this time, so the activist
group is pleased with Pataki's proposal.

"If (Gov. Nelson) Rockefeller were here now, I think he would totally
agree," said singer-songwriter Carly Simon, a political activist. "This is
a great, great beginning."

A spokesman for the New York District Attorneys Association didn't
immediately comment.