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| Pataki Proposes Changes To Rockefeller Drug Laws |
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Posted by CN Staff on May 09, 2002 at 11:12:21 PT By James C. McKinley Jr. Source: New York Times 
As protesters in New York and Albany spoke out against the state's harsh penalties for drug crimes today, Gov. George E. Pataki put forward yet another proposal for breaking a deadlock with Assembly Democrats over reducing sentences for drug offenders.It is the governor's third attempt in the last year and a half to reach an agreement with the Assembly on the issue. The penalties for drug crimes, enacted in the 1970's, rankle many black and Latino voters, groups the governor has been trying to please as part of his re-election campaign. Nine of 10 people serving time for drug offenses are black or Hispanic. The current laws do not give judges the power to divert people arrested on drug charges into treatment programs instead of sending them to prison. Passed 30 years ago under Gov. Nelson A. Rockefeller, the statutes also often force judges to hand out long prison terms for addicts who were paying for their habits by selling drugs. The Republican governor and Democratic leaders in the Assembly have been at loggerheads about how much leeway judges should have to place addicted felons into treatment programs rather than prison. As a practical matter, prosecutors now control who qualifies for drug treatment, and they are reluctant to give up that power. The Assembly Democrats want to let judges decide. Mr. Pataki's proposal would still let prosecutors determine if a defendant deserved to go to a treatment program. But it would allow defendants to appeal a decision to a judge, who could overrule the prosecutor, said Chauncey G. Parker, the state criminal justice coordinator. The governor has also proposed a new schedule of sentences for drug crimes that reduces prison terms for drug offenders who are not violent and removes the possibility of life imprisonment, Mr. Parker said. Mr. Pataki would also require judges to determine precisely how much time a convicted person should serve, within a specified range, cutting parole boards out of the picture. At the same time, the governor wants to impose a mandatory five-year sentence on anyone who carries a gun while committing a drug offense. He also wants to increase sentences for people who run drug rings of more than three people. For his part, the governor accused the Legislature today of dragging its feet. "The time for political posturing must end," he said. "The time for real reform has come." But the Assembly Democrats say there is less than meets the eye to Mr. Pataki's proposal. For starters, only people with one prior felony conviction or no criminal record at all would be able to appeal to a judge for the chance to receive treatment, and most addicted felons have more than one conviction. In 2000, about 1,600 people imprisoned on drug convictions were first-time offenders who could have been treated under the governor's proposal, but 1,752 others would not have qualified. Supporters of the Assembly bill said the governor's proposal still did not go far enough in giving judges the ability to tailor penalties to individuals. "You have to untie the hands of the judges," said Assemblyman Keith L. Wright of Harlem, one of the sponsors of the Assembly bill. Some Democrats also object to the rules Mr. Pataki has proposed for people who do receive treatment. Addicts who miss an appointment or relapse to drug use during treatment could be tried on the underlying charge immediately under the governor's plan, and most do have a relapse at least once during treatment, experts say. The governor's aides released details of his plan on the 29th anniversary of the signing of the Rockefeller laws. In Albany, Christian, Jewish and Muslim clerics marked the day with calls for softening the penalties. In Manhattan, the Rev. Al Sharpton led about 100 protesters in calling for the repeal of the laws in front of the governor's offices on Third Avenue. The latest proposal drew mixed reviews from advocates for changing the laws. "When you look at the details, his proposals fall short," said Robert Gangi of the Correctional Association of New York. But Paul N. Samuels, the president of Legal Action Center, said it was the first sign the impasse might be broken this year. Source: New York Times (NY) Related Articles: Sadly, Drug Laws Stay It’s Time for Tough Questions About Drug Law Grassroots Campaign Needed Justices Weigh How Far to Take Sentencing Home Comment Email Register Recent Comments Help |
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