PATAKI UNVEILS REFORM PLAN FOR ROCKEFELLER DRUG LAWS

Critics Say Proposal Not Enough

ALBANY -- Saying he's committed to change, Gov. George E. Pataki
released a new proposal for softening the state's harsh drug laws
Friday, but some reform advocates called it little more than rehash.

Under the plan, life sentences for drug criminals would be
eliminated, more people would be eligible for treatment instead of
prison, and judges would have more leeway to order treatment instead
of prison, even if prosecutors disagreed.

But critics say despite the changes, too many drug offenders would
remain in prison and not qualify for treatment programs.

Pataki has said for two years that he wants to reform the
Rockefeller-era laws that mandate lengthy prison sentences for
possessing even small amounts of drugs. But he's been unable to reach
agreement with Assembly Democrats on specifics.

This year, an election year for Pataki and all legislators, the
governor renewed the push, meeting with groups on all sides of the
issue and directing his criminal-justice chief to make it a top
priority.

"We will not stop in this unprecedented campaign to finally reform
the Rockefeller drugs laws until we get the job done," Pataki said in
a news release Friday.

But some drug-reform groups said Pataki's approach remained the same
in many respects and accused him of using the issue to appeal to
minority voters without being serious about reform.

"I'm actually disappointed. He's made this a cornerstone of his
political talks to most of the African-American and Latino community
leaders," said Deborah Small of the Drug Policy Alliance in New York
City.

Looking at the new proposal, "I have to think they're more interested
in political posturing and getting points" than in real reform, she
said.

The existing laws, enacted under former Gov. Nelson Rockefeller in
1973, have contributed to a five-fold increase in the number of
prisoners to about 65,000 but done little to curb drug addiction or
sales, critics say.

"The governor wants our votes, particularly Latino votes, but is not
willing to do anything to deserve them, which is insulting," said
Terrence Stevens, a Harlem resident who served eight years of a 15
years-to-life sentence for selling drugs. It was his first offense,
and Pataki granted him clemency in 2000.

Pataki's criminal-justice chief, though, said the governor is
committed to reform and hopeful it can be accomplished.

"Why would he send me out to spend thousands of hours talking to all
these different groups?" Chauncey Parker said. "We've made many,
many, many changes. ... There's no reason in the world why we can't
accomplish meaningful reform of these drug laws this year."

Parker said the remaining points of disagreement are negotiable. "Not
one of these things is a deal-breaker."

They include:

* How many of today's prisoners could have their prison sentences
reduced. Pataki's proposal would allow only those convicted of the
most serious drug crimes to appeal to a judge for a shorter sentence,
but reform advocates say that leaves out most drug offenders in
prison.

* Whether people with more than one prior nonviolent felony
conviction should be eligible for treatment instead of prison.
Advocates say they should; Pataki's bill doesn't include them.

* Who should monitor drug defendants participating in court-ordered
treatment programs over the objections of prosecutors. Pataki wants
the state Parole Board system to oversee the offenders, while
advocates say it should be judges deciding whether they are making
progress in treatment.

* Whether to change the threshold weights of drugs that determine
what level charge a person faces. Pataki has kept them the same,
while Assembly Democrats want to double them.

Assembly Democrats greeted Pataki's new plan skeptically; Senate
Republicans were more enthusiastic.

"It appears that the governor is not moving this issue forward," said
Eileen Larrabee, spokeswoman for Assembly Speaker Sheldon Silver,
D-Manhattan.

Pataki's plan "strikes the right balance between treatment programs
and prison alternatives," said Senate Majority Leader Joseph Bruno,
R-Brunswick, Rensselaer County.

Pataki's proposal also boosts penalties for drug crimes when guns are
involved, adding five years to whatever prison sentence is imposed.