PATAKI RELEASES PLAN TO OVERHAUL DRUG LAWS

ALBANY - Gov. George E. Pataki on Tuesday released his latest proposal to
overhaul the Rockefeller-era drug laws that require long prison sentences
for possession and sale of even small amounts of narcotics.

The proposal was immediately rejected by the Legislature's top Democrat,
Assembly Speaker Sheldon Silver, who said it was "slipped under the door . .
. after-hours last night."

Pataki said if his proposal becomes law, hundreds of nonviolent offenders
would be released from prison and thousands of others would have their
sentences reduced.

Pataki's proposal would "overhaul the drug law sentencing structure, provide
retroactive relief for nonviolent offenders in prison, and toughen penalties
for violent and predatory drug dealers," according to a statement Pataki
issued. To try to soften opposition from prosecutors and others, the
proposal would also toughen penalties for drug kingpins, for dealers who use
guns or sell drugs to children or who use the Internet.

"We cannot afford to lose this historic opportunity to pass a bill that
would make an immediate difference to so many lives, as well as protect our
neighborhoods and children from drugs and violence," Pataki said.

Although Pataki said the proposal represents what he believed was a
"consensus" with Silver and Senate Majority Leader Joseph Bruno, Silver said
it was lacking in key areas. Silver said there must be a provision for
diversion of nonviolent offenders to drug rehabilitation instead of prison
and there must be greater discretion in sentencing by judges, instead of
mandatory terms.

"While we are dismayed by this less-than-comprehensive approach, we are
hopeful that we can continue discussions," Silver said. The proposal
includes agreements worked out in a seven-hour closed-door session among
Pataki, legislative leaders and hip hop mogul Russell Simmons, an activist
for reform of the laws.

The proposal would:

- -- Dramatically reduce penalties for all nonviolent drug offenders. Class
A-I nonviolent, first-time felons could receive nearly a 50 percent
reduction in sentencing.

- -- Make eligible all nonviolent felons for a significant reduction in prison
time through shorter sentences as well as credit for good behavior in
prison.

- -- Make virtually all nonviolent drug felons eligible for "retroactive
relief." About 90 percent of the current 550 Class A-I drug felons would be
eligible for re-sentencing. Approximately 67 percent of these eligible Class
A-I felons, or about 370 offenders, could be released immediately.

- -- Make all other nonviolent drug felons who have not reached their minimum
sentences eligible for an additional merit time reduction of one-sixth of
their minimum sentence. Approximately 10,000 offenders could be eligible.