With Hip-Hopper's Support,

NY GOVERNOR TRIES AGAIN ON ROCKEFELLER LAW REFORM

Not Good Enough, Say Critics

Hip Hop empresario Russell Simmons is getting a rapid education in the
politics of drug reform in New York, but perhaps not rapid enough.
Simmons, whose Hip Hop Action Summit network has sought to mobilize
the energy of the hip hop nation for positive political change, played
a key role in creating mass protests against New York's draconian
Rockefeller drug laws in June and managed to insert himself into
negotiations over competing versions of Rockefeller law reform in the
days that followed. Those negotiations faltered, however, and this
week Simmons announced that he had signed on to a new reform proposal
from Gov. George Pataki (R). Problem is, in so doing, Simmons has
managed to alienate the constituencies that have worked for years to
obtain meaningful reform or outright repeal of those laws -- not
merely window-dressing.

Under the Rockefeller drug laws, named for former Gov. Nelson
Rockefeller, who instigated them in the early 1970s, the possession of
even relatively small amounts of hard drugs can lead to prison
sentences of 15 years to life. New York prisons are stuffed to the
rafters with some 19,000 small-time, usually black or Latino, drug
offenders serving Rockefeller law sentences. For the past two years,
Gov. Pataki, the Democratic-led State Assembly, and a growing
coalition of pro-reform or pro-repeal groups have been entangled in a
so far fruitless effort to reach a workable compromise. The primary
issues in the way have been the degree of sentence reductions, funding
for drug treatment, and the demand by prosecutors, backed by state
Republican legislators, that they continue to wield power over
sentencing decisions instead of judges.

Monday night, Gov. Pataki announced his new proposal, highlighting the
following provisions:

. Nearly 80% of drug offenders sentenced to prison annually would be
eligible for a shorter sentence (approximately 5,400 drug offenders
out of approximately 6,800 sentenced to prison annually based on 2002
admissions). Class A-I, first-time drug offenders would receive a 50%
reduction in minimum sentences, from 15 years to 8 years. With earned
good time and merit time, offenders could be eligible for work release
after serving 3.7 years in prison. Over 90% of Class A-I drug
offenders sentenced to prison over the last 5 years were nonviolent,
first offenders.

. All other nonviolent drug offenders would be eligible for sentencing
reductions as well. For example, the minimum amount of prison time for
a Class B, nonviolent drug felon will be reduced by 45% from 3.8 years
(with merit time allowance) to 2.1 years. 70% of Class B predicate
felons sentenced to prison within the last 5 years had no prior
violent felony conviction.

. The weights would double for certain controlled substances. 63% of
Class A-I drug offenders sentenced to prison over the last five years
and 58% of Class A-II drug offenders sentenced to prison over that
time period were committed on drug possession only.

. All nonviolent Class A-I drug offenders could apply for
re-sentencing. Approximately 90% of drug offenders serving life
sentences for Class A-I drug convictions could be eligible for
retroactive re-sentencing. Of the approximately 550 Class A-I drug
offenders under custody, 370 (67%) could be eligible for immediate
release if sentenced to the new minimum determinate and awarded merit
time and good time.

. All other non-Class A-I drug offenders under custody who have not
reached their minimum sentences would be eligible for an additional
merit time reduction of 1/6 off their minimum sentences. Approximately
10,000 would be eligible for the additional reduction. I ncreased
determinate sentences for drug felons with prior violent felony
convictions.

. Mandatory 3-year consecutive sentence for those who carry, use or
possess a gun in the course of the commission of certain drug offenses.

. New kingpin offense for those who exercise leadership roles in a
controlled substance organization.

. Enhanced penalty for a person 21 years or older for using a minor
less than 18 years of age in the commission of a drug sale or for
using the Internet to sell illegal drugs.

"There is general consensus that the Rockefeller drug law sentences
are in need of reform," Governor Pataki said in a press release
announcing the new proposal. "This legislation corrects the portions
of the laws that are widely agreed to be too harsh and should be
overhauled. Through this proposal, hundreds of nonviolent drug
offenders currently serving unduly long sentences could be reunited
immediately with their families and thousands of other nonviolent
offenders in prison could have their sentences reduced as well."

His proposal is a "just and balanced bill," Pataki added, one that
sends "a clear message that New Yorkers will not tolerate those who
jeopardize the health and safety of our communities by selling drugs."

But while Simmons and Democratic presidential contender Al Sharpton
signed on in support of Pataki's new proposal, they were almost alone.
"We are most disappointed by the complete lack of judicial discretion
and the absence of any drug treatment diversion provision or funding
for low-level offenders under this proposal," said State Assembly
leader Sheldon Silver in a joint statement with Jeffrion Aubry
(D-Queens), who has made changing the Rockefeller laws a capstone of
his political career. Silver's aides told the New York Times the
Pataki plan couldn't even be considered dead on arrival, since it had
never officially arrived -- only an outline had been slipped under an
Assembly lawyer's door Monday night.

"This is a great public relations move, but it is bad public policy,"
Andrew Cuomo told the Albany Times-Union. Cuomo, a former Democratic
gubernatorial contender, had worked with Simmons in pushing for
reform. "Now, we don't know what the bill actually means."

"On balance, we think it is a bad deal," Robert Gangi of the
Correctional Association of New York told the Times. "The message that
needs to be communicated to the governor and to Russell Simmons is,
"Don't come back with a drug law reform proposal unless it restores
sentencing discretion to judges.'"

As if that criticism weren't enough, even the Drug Policy Alliance,
which had shepherded Simmons in earlier negotiations with the
governor, was keeping its distance. "From my perspective, what they
did was take a tentative agreement and add a lot of frills to it that
eviscerates any of the good stuff that was in it," said Deborah Small,
the group's director of public policy, who had accompanied Simmons at
the June meetings. "If this passes, it will do more harm than good."

Paradoxically, Simmons' miscue in signing on to the governor's newest
model may have helped solidify a movement for repeal or radical reform
which had begun to splinter as the possibility of a deal drew
tantalizingly near. Simmons' endorsement of the Pataki plan can be
excused as a political newcomer's naivete, but that's no excuse for
Pataki and state Senate Republicans. Rockefeller reform still appears
as far off as the day Pataki began claiming he wanted it in January
2001.