PATAKI OUT TO REFORM DRUG LAWS

Albany-- Proposal Seeks To Lower Some Mandatory Sentences, Allow
Flexibility For Treatment Option

Proposing to reform the Rockefeller Drug Laws for the second time in
his six years as governor, George Pataki on Wednesday unveiled a plan
to nearly halve minimum sentences for some offenders and allow judges
the discretion to divert others into treatment.

Although some maintained the governor's 2001 plan doesn't go far
enough in overhauling the 1973 laws that have packed New York's
prisons, reform supporters praised it as a first step toward changes
they are optimistic will come this year. The reform package does not
include elimination of parole for all felons -- a proposal he made
two years ago and has become a significant roadblock to approval from
the Democratic Assembly.

"This doesn't look like more than a step forward, but at this point,
a step forward is a good thing,'' said Jonathan Gradess, executive
director of the New York State Defenders Association.

"The governor has presented a serious overture to the Legislature,''
Gradess said. "For the first time, there will be real, full-blown
negotiations.''

Pataki's 10-point proposal phases in legal reforms and new
initiatives over four years. It calls for reducing the mandatory
sentences laid out in the 28-year-old laws for Class A-1 drug sale
and possession offenses, the most serious, from 15 years to life to 8
/3 years to life on appeal for nonviolent first time offenders. Some
500 nonviolent inmates already serving Class A-1 sentences under the
Rockefeller Drug Laws would be able to appeal to have their time
reduced.

Judges would have the option of sending nonviolent lower-level drug
offenders, who now receive at least 3 to 6 years in prison under
Class C, D, and E felonies, to drug treatment programs for at least
six months. And prosecutors would be able to put repeat drug
offenders into residential treatment programs for 18 months, with the
threat of incarceration if they drop out.

Those who use minors under 18 or the Internet to sell drugs would
receive harsher sentences, as would so-called "kingpins'' who manage,
control and oversee drug rings.

Pataki called his reform package "a tough and smart approach.''

"This comprehensive, balanced proposal addresses the overly severe
sentences of the Rockefeller Drug Laws, while recognizing that
effective treatment for nonviolent offenders can work,'' the governor
said.

Unlike years past, the leaders in both houses of the Legislature
seemed receptive Wednesday to negotiating with the governor.

Assembly Speaker Sheldon Silver, D-Manhattan, called the governor's
proposals "a step forward, but not a dramatic change.'' He said the
Assembly majority "stands ready to work with (Pataki), the Senate and
Court of Appeals Chief Judge Judith Kaye to move this discussion
forward.''

Senate Majority Leader Joseph Bruno, R-Brunswick, said he and Pataki
"share a similar view on the issue ... and I expect the Senate will
take a close look at his proposal.''

Pataki's plan brought cautionary praise from those who have long
lobbied for reform -- if not full repeal -- of the laws enacted under
Gov. Nelson Rockefeller in an attempt to deter drug use and sales
with severe penalties. Today, most agree the laws failed, sending New
York state's prison population skyrocketing from about 13,000 28
years ago to more than 70,000 in 2000. Approximately 21,200 are
serving time for drug-related offenses.

"He stood up there today and said, 'This is the direction we ought to
go in. Come join me. We're not going to be soft on crime, we're going
to be smart on crime,' '' said John Dunne, a former state senator who
helped write the Rockefeller Drug Laws and now pushes for their
reform as head of the Campaign for Effective Criminal Justice.

Robert Gangi, head of the Correctional Association of New York, a
prison watchdog group, praised the governor for "talking the talk and
walking at least halfway down the path.'' And Deborah Small, director
of the Lindesmith Center-Drug Policy Foundation, also commended
Pataki for making a start, but said his proposal isn't far reaching
enough.

"Eight-and-a-third (years) is still an extraordinarily long time for
a first-time, nonviolent offender,'' she said.

Meanwhile, Sam Hoyt, chairman of the Assembly Standing Committee on
Alcoholism and Drug Abuse, warned that there isn't any increase in
Pataki's proposed 2001-02 budget for drug treatment programs, which
will likely see an influx of people if the governor's reforms are
enacted. "Without the resources, this program won't be effective,''
said Hoyt, D-Buffalo.

Hoyt's concerns were echoed by John Coppola, executive director of
the New York Association of Alcoholism and Substance Abuse Providers,
who said law-abiding people in community-based treatment could be
displaced by drug offenders if the programs don't receive more money.

State Criminal Justice Director Katherine Lapp on Wednesday said
Pataki has directed her to work with the state Office of Alcohol and
Substance Abuse Services to determine if treatment facilities could
meet the increased need of drug offenders released from prison or
diverted away from incarceration.

"To the extent we need more spaces in treatment facilities, we will
make sure they exist,'' Lapp said. "The governor does not want a
situation where someone is charged to get treatment and then can't
find a space.''