SENATE PASSES PATAKI'S DRUG LAWS BILL, FORCING TALKS WITH ASSEMBLY

ALBANY - The Republican-led State Senate passed Gov. George E. Pataki's
bill to revamp the state's harsh drug laws today, setting the stage for
talks with the Assembly's Democratic majority on an emotional and divisive
issue.

By passing the governor's bill, the Senate Republicans staked out a
position on changing the drug laws that differs in several small but
important ways from a bill the Assembly passed last week. The Assembly
Democrats said their incorporation of some of Mr. Pataki's ideas was as far
as they could go toward meeting him halfway.

It became clear today, however, that no drug law revision was likely to be
enacted in the week that remains of this legislative session unless the
governor sits down over the next week in private with the Assembly speaker
and the Senate majority leader to resolve the differences.

"I think it's time for the governor to do the next thing and take a bold
step toward getting it accomplished, and that is to sit down and work it
out," said Sheldon Silver, the Assembly speaker.

At the heart of the debate is the question of how much leeway judges should
have to divert addicted, low-level drug traffickers into treatment
programs. District attorneys control those decisions now, and they have
been fighting to keep that power.

For his part, the governor has balanced his tough-on-crime reputation with
a desire to appeal to black and Hispanic voters. His latest bill would
still let district attorneys decide which defendants were diverted to drug
treatment rather than trial, but it also would let defendants appeal a
prosecutor's decision to a specially trained judge under certain conditions.

In their bill, the Assembly Democrats have accepted that proposal, but they
have given judges greater latitude to overrule prosecutors than the
governor sought. They also want all criminal court judges to be trained to
evaluate drug addicts.

The governor's bill would eliminate the possibility of a life sentence for
the top two classes of drug offenders - known as A1 and A2 felons - and
would reduce the minimum mandatory sentences for most other drug offenses.
The sentencing structure would be changed to allow judges to fix the amount
of time a defendant would serve within a range, with no possibility of parole.

The Republican bill would also stiffen penalties for drug traffickers who
carry guns, sell drugs in public parks or over the Internet, employ minors
or lead organizations of three or more people.

Fewer defendants would be eligible for medical treatment under Mr. Pataki's
bill than under the Assembly bill. Both bills exclude from treatment anyone
convicted of a violent crime in the past or of selling drugs on school
grounds. Anyone convicted of A1 or A2 felonies would be disqualified from
treatment under both bills.

The governor would also disqualify anyone with more than one prior
conviction, anyone who sells drugs in a public park and anyone convicted of
a variety of violent misdemeanors, like punching someone.

The governor's bill would force a defendant to meet a number of difficult
legal tests before a judge could overrule a prosecutor's decision. For
instance, a social worker would have to affirm that the defendant was an
addict, and the defendant must prove by "clear and convincing evidence"
that he or she deserves medical rehabilitation. In addition, the defendant
would have to plead guilty before being eligible to receive treatment.

A Queens Democrat, Assemblyman Jeffrion L. Aubry, said the Republicans
"don't trust judges" because they presume they are "liberals out of New
York City who they think will not be giving appropriate sentences."

Chauncey G. Parker, the governor's director of criminal justice services
and the bill's author, said the governor's intent was to separate harmless
addicts who sell drugs to support a habit from hard-core dealers and
violent criminals who happen to be drug users.

Mr. Parker said about 2,800 of the 6,600 people incarcerated for drug
crimes last year would have been eligible to ask a judge to overturn the
prosecutor's decision not to let them go to a treatment clinic.
(Prosecutors sent about 2,400 people into treatment last year.)

Under current law, a first-time offender arrested carrying four ounces of
cocaine, or two ounces with intent to sell, can be charged with an A1
felony, with a sentence of 15 years to life. The governor's bill provides
for a sentence of 10 to 20 years in such a case, with time off for good
behavior.

Neither bill would touch the fundamental structure of the law that liberal
advocates for prisoners maintain has created many injustices. The state
would still have mandatory sentences and charges based on the weight of
drugs involved rather than the role of the defendant.