New York to Ease Landmark Tough Drug Laws
By MICHAEL VIRTANEN
Associated Press Writer
ALBANY, N.Y. --
New York Gov. David Paterson and legislative leaders have agreed to ease drug laws that were once among the harshest in the nation and led a movement more than 30 years ago toward mandatory prison terms.
The agreement rolls back some of the sentencing provisions pushed through the Legislature in 1973 by then-Gov. Nelson Rockefeller, a Republican who said they were needed to fight a drug-related "reign of terror." The strictest provisions were removed in 2004.
Critics have long claimed the laws were draconian and crowded prisons with people who would be better served with treatment. The planned changes would eliminate mandatory minimum terms for some low-level nonviolent drug felonies, cutting the prison population by thousands.
"In additional to being unjust, these policies are ineffective," Paterson said Friday, surrounded by Democratic lawmakers and New York Chief Judge Jonathan Lippman.
Three decades have shown the core issue is often addiction, "a treatable illness," with far lower recidivism for those who get treatment instead of prison, he said.
At the same time, penalties will be toughened for drug kingpins and dealers. The measure will be part of the state's budget package, he said. Lawmakers are trying to enact it by next week.
Senate Majority Leader Malcolm Smith, a Queens Democrat, said it costs the state $45,000 a year to house offenders and that the changes are expected to eventually reduce the state's prison population by 13,000 people, producing huge cost savings.
If the reforms are approved, about 1,500 inmates would be eligible to apply for resentencing but are not assured of shorter sentences, Paterson said.
Assembly Speaker Sheldon Silver, whose chamber passed a version of the legislation 98-46, said more effective residential drug treatment costs $15,000 or one-third the cost of prison.
"We're establishing a more just, more humane, more effective policy for the state of New York," he said.
The legislation would give judges discretion to sentence certain nonviolent and lower felony offenders - both first-time and repeat - to local jail, probation or a combination. Some could be sent to six-month military-style shock camp or a prison-run drug-treatment facility.
In select cases, judges could approve prejudgment diversion drug-abuse programs and dismiss charges, said Assemblyman Jeffrion Aubry, a Queens Democrat who chairs the Assembly Committee on Correction. Under current law, treatment programs can be ordered as a condition of probation.
Senate Republicans warned that watering down the laws will protect drug dealers and release criminals into the community.
Republicans argued it is unfair to include the changes in drug policy in the budget vote. They said it forces lawmakers opposed to the changes to vote for them with their vote on the budget. They also said it gives political cover for lawmakers going along with their leaders' wishes.
Posted Friday, March 27, 2009
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