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Marking the 33rd anniversary of the enactment of New York State's overly harsh Rockefeller Drug Laws, the state Assembly announced passage of legislation that would make the state's drug laws "smarter and more effective".
Saying Rockefeller Drug Law reform "is not done," Assembly Speaker Sheldon
Silver, Correction committee chair Jeffrion Aubry and Codes Committee chair Joseph Lentol were joined at a Capitol news conference by key Assembly committee chairs and drug law reform advocates.
According to Silver, the Assembly legislation (A.8098A) seeks to "reduce drug-related crime by addressing the substance abuse that often lies at the core of criminal behavior." The bill would accomplish this goal by mandating certain drug offenders receive treatment and expanding judicial discretion to moderate the toughest sentences. In addition, Silver noted, the bill would increase sentences for major drug traffickers and drug offenders who prey on children. The measure also creates the new crime of possession of a firearm while selling or attempting to sell drugs.
Silver and Aubry noted that while an important first step was made in 2004 to moderate the harshest sentences under the state's drug laws, more needs to be done. The two noted that despite previous pledges by the executive and the Senate to continue working on this issue, no bills have been introduced this year to demonstrate that commitment.
"This bill provides for the kind of judicial and correctional reforms the Assembly has been seeking for years and that are at the heart of any effort to curb addiction and drug-related crimes," said Silver. "Our smart, comprehensive approach seeks to get to the root of our state's drug problem by hitting the drug kingpins hard, and getting the low-level, non violent offenders the treatment they need to get off and stay off drugs."
"Despite a commitment made two years ago by the governor and the Senate to revisit New York's ineffective and imprudent drug laws, they have failed to come forward with any further steps that would provide additional reforms," said Aubry. "We in the Assembly continue to recognize that existing laws are badly flawed and in need of further changes. My bill fulfills our commitment by providing for a more sensible, comprehensive and cost-effective approach for dealing with low-level drug offenders and addicts."
The cornerstone of the Assembly plan is an effort to reduce crime rates by ensuring that non-violent offenders complete effective drug treatment.
Under the Assembly plan, prosecutors would get the first chance at deciding whether low-level, non-violent drug offenders would be diverted from prison to drug-treatment programs through the new "Court Approved Drug Abuse Treatment Program." Only after this initial prosecutorial determination had been made would the judge be empowered to make a decision on treatment under the program.
Drug treatment under the new initiative would generally have a minimum one-year term and include time in a residential drug-treatment facility. Those who do not successfully complete treatment would face a felony conviction, which, for repeat offenders, would mean a mandatory state prison sentence. Diversion would not be available for offenders who committed violent felonies or sold or attempted to sell drugs to minors.
Each drug-treatment plan would have to include a drug-testing component. Offenders would generally be subject to probation supervision while receiving drug treatment.
Judges would be given additional discretion to order non-violent offenders to DOCS' Willard drug-treatment facility in Seneca County. Judges would also be given the authority to sentence eligible drug offenders directly to the DOCS-run shock incarceration program. Both options would have to include a drug-treatment component and provide continuing drug treatment upon release from prison. In addition, judges would be given the discretion to sentence additional non-violent offenders who possessed small quantities of narcotics to drug treatment as an alternative to incarceration.
Another important component of the Assembly's proposal would give judges greater discretion to impose appropriate sentences designed to fit the facts and circumstances of each drug-related crime.
The Assembly's sentencing changes would:
Increase possession thresholds required to meet certain Class A-I and A-II felony sentences from four to eight ounces and two to four ounces, respectively. This change would not be applicable to major drug traffickers;
Increase possession thresholds for lower level drug possession crimes; and
Increase penalties for major drug traffickers.
The Assembly plan not only increases sentences for major drug traffickers and adult offenders peddling drugs to our children, providing life maximum sentences to drug kingpins, but it also combats the deadly connection between drugs and firearms.
The proposal would impose a mandatory five-year determinate sentence upon offenders who carried a loaded handgun while selling or attempting to sell drugs.
Drug-treatment programs operated in prisons and in conjunction with the courts, the Division of Parole and probation departments would be reformed and enhanced under the Assembly plan.
The Assembly approach recognizes that enacting and fully funding Chief Judge Judith Kaye's initiative to expand drug courts to every county in the state is key to providing necessary treatment reforms. These drug courts would provide the needed judicial monitoring and infrastructure to assure strict compliance with treatment requirements.
Every inmate on probation, on parole or in a state correctional facility with a documented drug or alcohol-abuse problem would be required to undergo a drug or alcohol- abuse treatment program lasting at least one year. Mandatory tests for drug abuse would be required.
Mandatory drug or alcohol treatment would also be required for appropriate juvenile delinquents and juvenile offenders.
An important goal of the Assembly plan is to make the Willard drug-treatment facility, which is jointly run by the state Department of Correctional Services and Division of Parole, a more effective treatment and crime-reducing tool. Under the plan, judges would be given the discretion to sentence statutorily eligible offenders to the Willard program and participation would be expanded to include non-violent Class "B" and "C" drug offenders. Also, all Willard "graduates" would be required to undergo an additional year-long treatment program following release from the Willard facility. Because transitional services are critical to reducing recidivism, the Assembly plan statutorily establishes these programs.
Another key component of the Assembly's plan strengthens post-release supervision by reducing offender/parole officer caseloads for certain released drug offenders. 5-09-06
© 2006 North
Country Gazette
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