A SMART WAY TO REFORM ROCKEFELLER DRUG LAWS

Since 1994, violent crime has dropped by 39% in New York State. In fact,
New Yorkers are safer than they've been in a generation because of strong
policing and smart policies. We restored the death penalty. We ended parole
for violent felons. We mandated DNA testing for violent felons. And we're
not about to stop there.

New Yorkers have seen these historic crime declines because Gov. Pataki's
policies are working.

Nearly three decades ago, New York enacted some of the toughest drug laws
in the nation. Since then, we have learned that — however well-intentioned
— key aspects of those laws are out of step with the times and the
complexities of drug addiction.

This year, the governor is proposing the first comprehensive reforms ever
to the Rockefeller drug laws.

The governor's 10-point drug law reform proposal reflects what we have
learned over the last 30 years: Structured treatment alternatives work for
nonviolent drug offenders who are serious about addressing their addiction.
There must be severe consequences for those who don't try. And we would
require drug felons with violent histories to face much stiffer sanctions
than those required by current law.

The governor's plan would give judges greater discretion in sentencing
repeat drug offenders with no violent histories to residential drug
treatment programs instead of prison.

If the offender succeeds, a sentence of probation will be imposed. If he
fails, he will go to prison.

Criminal justice and drug treatment experts agree that mandatory treatment
with the threat of prison works and reduces recidivism. That's why our
proposal incorporates that approach.

We also call for appellate court review of sentences of 15 years to life or
more for Class A-1 drug offenders with no violent histories. (Class A-1
offenders are those convicted of selling more than 2 ounces of heroin or
cocaine or possessing more than 4 ounces.)

If the court determines that the sentence was excessive in light of the
offender's record, it would have the authority to reduce it to as low as 8
1/3 years to life imprisonment. And we would allow judges to sentence Class
A-1 offenders with no violent histories to reduced sentences.

We also recognize that drug activity is too often accompanied by violence.
Under the governor's proposal, any drug felon found in possession of a
firearm would serve time in prison without the possibility of parole.

Offenders who use the Internet to peddle drugs and those who use minors in
a drug transaction would face increased criminal penalties as well.

This bill also would strengthen the state laws dealing with drug kingpins
by imposing a minimum sentence of 15 years to life. Many of these most
heinous of criminals avoid lengthy prison terms because of loopholes in
state law.

The proposal acknowledges that drug offenders returning to the community
from state prison need to be safely supervised and provided with
appropriate services. The governor's plan and his executive budget call for
tripling the funds for drug testing to ensure that all parolees are tested
at least four times a year.

We also are developing a program to ensure that several months before their
release from prison, inmates take part in a structured transitional program
and are linked with needed services — before they walk out the prison door,
not after.

The Drug Law Reform Act of 2001 is common-sense policy that will make our
neighborhoods safer while helping those who are serious about it to end
their addiction.