MORGENTHAU - REFORM NY DRUG LAWS

The Manhattan district attorney, Robert Morgenthau, called for a reform of
Rockefeller-era drug laws yesterday, as state legislators renew talks this
week on changing laws that carry some of the harshest penalties in the country.

"I raise these issues now, in the hope that lawmakers, who will be back in
Albany this week, will use the time to consider both changes in the law and
more resources for treatment and prevention," Mr. Morgenthau said,
referring to the 1973 law that imposes mandatory sentences for drug-related
felony offenses.

The Rockefeller laws are ineffective, as a convict serving a mandatory
sentence of three to nine years could get out on work release in six
months, Mr. Morgenthau said. Placing nonviolent, first-time drug offenders
into treatment programs would be more effective and could spare the
taxpayer tens of thousands of dollars per defendant, the district attorney
said.

Mr. Morgenthau proposed a system of "determinate" sentencing, in which
sentences handed down by a judge would bear a closer relation to the term
served by the convict, as well as greater discretion for judges in setting
sentences, a "kingpin statute" that would reserve top felony charges for
drug gang leaders, and more financing for treatment services.

"It's a two-sided problem, a supply-and-demand problem," said Mitchell
Rosenthal, president of the treatment program Phoenix House. "The law deals
with the supply problem, but it also has to deal with the demand problem
with drug treatment and evaluation."

Mr. Morgenthau cited the Drug Treatment Alternative to Prison program,
implemented by the Brooklyn district attorney, Charles Hynes, in 1990. Of
1,696 people who entered the two-year drug-treatment program after being
convicted for the first time of felony drug offenses, 62% graduated.

Speaking out against the Rockefeller drug laws could pay off in today's
political climate. In Albany County, David Soares, a Democrat, was elected
district attorney last month after making drug-law reform a major part of
his platform. Mr. Soares defeated a tough talking incumbent, Paul Clyne, in
the Democratic Party primary.

"He was running on a Rockefeller-drug-law-reform platform against an
incumbent district attorney who had been an outspoken defender of the
current drug law, of the status quo," said a spokesman for the Working
Families Party, Alex Navarro. "That cleared the groundwork for a very
respected prosecutor like Mr. Morgenthau to make clear that he also favors
reform."

Advocates for drug reform lauded Mr. Morgenthau for seeking to change laws
that they consider draconian.

"Given the new breath of fresh air in Albany County, district attorneys are
beginning to rethink our outdated drug policies," said a spokesman for the
Drug Policy Alliance, Michael Blaine. "I'm very happy and encouraged that
Morgenthau is beginning to become an agent of change. The mandatory
sentences in the state of New York are the worst mandatory sentences in the
country. For the Drug Policy Alliance, it's really all about full repeal of
the Rockefeller drug law. We feel that what's on the table right now in
Albany is half a step in the right direction."

A likely contender in next year's election for Manhattan district attorney,
Leslie Crocker Snyder, criticized Mr. Morgenthau for pandering to the voters.

"While I certainly applaud the district attorney's new interest in
reforming these laws, his failure to urge reform at any time prior to this
election year has resulted in countless years lost for New Yorkers who have
found themselves incarcerated for minor offenses that posed no threat to
others," Ms. Snyder said. "I believe the support of our district attorney
on such a vital issue should have come years earlier during his 31 years in
office and his reluctance to speak out sooner has been tremendously
disappointing."

This is not the first time Mr. Morgenthau has lobbied for a more lenient
drug policy. In June, he joined with a talk show host, Montel Williams, who
suffers from multiple sclerosis, in calling for the legalization of
medicinal marijuana.

In 1962, when he was the U.S. attorney in Manhattan, Mr. Morgenthau ran for
governor but lost to Nelson Rockefeller.