LAWMAKERS AGREE TO AMEND DRUG LAWS

ALBANY - The Legislature has agreed to more minor changes to the
state's harsh drug laws, but critics say the reforms don't go far enough.

The bill would allow A-2 drug offenders to petition the court for
resentencing and early release. The legislation would affect about 600 inmates.

Sen. Dale Volker, an Erie County Republican and chairman of the
Senate Codes Committee, said the bill fulfills the Senate's promise
to continue to reform the Rockefeller Drug Laws.

"It's probably a baby step, but it's still a step," said Assemblyman
Joseph Lentol, D-Brooklyn, a co-sponsor of the bill in that house.

In December, the Legislature reduced the penalties for New York's
most serious drug offenses, reforming sentences adopted in 1973 under
Gov. Nelson Rockefeller.

For A-1 felons, who were convicted of selling 2 ounces or more or
possessing 4 ounces or more of a controlled substance, the maximum
sentence had been 15 years to life.

That sentence was dropped to 8 to 20 years for new convictions. The
law also allowed about 400 inmates already serving time under the old
law to petition the courts for resentencing and early release.

For those convicted of lesser A-2 felonies, the sentence for a
first-time conviction was reduced from 8 years to life to 3 to 10
years, but those already serving time were not allowed to seek
resentencing. The bill would change that, as long as the inmates meet
certain criteria, including no history of violence.

"It's still just a sliver of what needs to be done," said Sen. Thomas
Duane, a Manhattan Democrat.

A-1 felons seeking sentencing review now are having a hard time
finding lawyers to represent them in court, he said.

The bill also does nothing to help low-level drug offenders, who are
having a difficult time getting drug treatment that might help them
earn early release, he said.

"There're waiting lists for all of these programs in every facility," he said.