No More Prisons

Thursday, January 10, 2002



Sentencing Reform Plan Draws Praise From Some Observers

By Larry Fisher-Hertz

Poughkeepsie Journal



Prison reform advocates and local law enforcement officials had cautious praise Wednesday for anti-crime initiatives Gov. Pataki advanced in his State of the State address.



During his annual address Wednesday, Pataki noted that violent crime had dropped by 43 percent since he was elected governor in 1994. He attributed that decline to ''tougher laws and ending parole for violent felons'' and urged the Legislature to ''build on those reforms.''



''Let's abolish parole for all convicted felons,'' Pataki said. ''Let's reform the outdated Rockefeller drug laws."



The 1970s-era anti-drug laws, enacted under then-Gov. Nelson Rockefeller, call for mandatory sentences of up to life behind bars for possession of certain amounts of illegal drugs. Pataki had called for a softening of the Rockefeller drug laws last year, but the Senate and Assembly could not agree on a new law and no reforms were adopted.



Pataki's bill would reduce sentences for most non-violent drug offenders, and some of the provisions of the bill are retroactive, meaning hundreds of inmates currently behind bars could attain shorter sentences if Pataki's proposals are adopted. Dutchess County District Attorney William Grady lauded Pataki for urging the Legislature to take a fresh look at the Rockefeller laws. But he said many prosecutors in the state already were working with local judges to shield non-violent drug offenders from the most harsh Rockefeller sentences.



''Some decisions can be made prior to indictment to avoid some of the harsh sentencing, allowing us to address the issue of rehabilitation where appropriate,'' Grady said. ''But there are also those who sell drugs for profit who belong behind bars for long periods of time.''



Robert Gangi, executive director of the Correctional Association of New York, also praised Pataki for calling for reform of the Rockefeller laws. But he said the governor's proposals didn't go far enough. ''He should get credit for raising the issue for debate,'' Gangi said, ''but true reform would return discretion in sentencing to trial judges, and Pataki's proposal doesn't do that.''



''What the governor is trying to do is wrap himself in what appears to be drug law reform -- because he sees the public supporting that position -- without moving too far from law enforcement's position.'' Grady said Pataki's proposal to end parole for all felons would effectively give judges more discretion in sentencing.



The Legislature abolished parole for repeat violent felons in 1995 and for all those convicted of violent crimes in 1998. In these cases, defendants now are given determinate sentences instead of being sentenced to a minimum and a maximum prison term. But those convicted of non-violent felonies are still sentenced to indeterminate terms are usually released before their
maximum date and placed on parole.



''Elimination of parole is an issue that should be thoroughly discussed,'' Grady said. ''The positive aspect to this proposal is that the sentencing court has the most knowledge about the case and is in the best position to determine the specific amount of time the offender should serve, rather than leaving that up to the parole board.''



Grady noted that judges imposing determinate sentences also can specify the amount of time a convicted felon should spend on ''post-release supervision'' under the direction of the Division of Parole. ''This is particularly important in drug-related cases where rehabilitation programs are warranted,'' the district attorney said. ''It is often critical to ensure that public safety is adequately addressed.''