Sentencing:
New
York
Assembly
Passes
Rockefeller
Law
Reform
Bill
5/12/06
The New York Assembly passed a bill Monday that would further undo the state's draconian Rockefeller drug laws, some of the nation's harshest. After years of stalemate at the statehouse, the legislature in 2004 passed limited reforms aimed at those sentenced to the most serious time, but failed to act on "B" felony offenders, the most numerous of Rockefeller law prisoners. Introduced by Rep. Jeffrion Aubrey, Assembly Bill A-8098 would allow "B" prisoners to apply for resentencing just as the more serious "A" prisoners can now. The bill would allow more offenders to be diverted into treatment, but prosecutors would retain the power to decide who qualifies. It also requires that all prisoners and probationers identified as having drug problems undergo mandatory one-year treatment programs with a drug-testing component. Those who fail treatment would face a felony conviction and possible prison sentence. More positively, the bill also increases quantity thresholds for lower level drug possession crimes and doubles the quantities required to trigger Class A felony charges, from two to four ounces (A-I) and four to eight ounces (A-II). But it also increases penalties for trafficking involving children and major drug trafficking and creates the new offense of possessing a weapon while selling drugs. Backers of the Assembly bill held a press conference Monday at the capitol in Albany to prod the Republican-dominated state Senate and Gov. George Pataki (R) to address the inadequacies of the 2004 bill. Despite pledges from both the Senate and the governor to act, no bills have been forthcoming from either this year. "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 Assembly Speaker Sheldon 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, nonviolent 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 Aubrey. "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 next move is up to the Republicans in the Senate and Gov. Pataki.
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