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.