Angry Golden decries ‘Drug Dealers Protection Act’
By Thomas Tracy
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| State Senator Marty Golden. |
Changes to the state’s Rockefeller Drug Laws are shaking up more people than rock n’ roll ever did.
While hailed by both the Assembly and the State Senate, the new “compromise” to loosening the long criticized narcotics laws is being both lauded and panned across the borough.
Opponents to the changes fear that the retooled laws will put upwards of 1,500 incarcerated drug dealers and users back out on the streets.
“What the Governor and the Senate Majority and Assembly are trying to do is create the ‘Drug Dealers Protection Act,’” said Bay Ridge State Senator Martin Golden, a Republican. “They take away the voice of district attorneys and hand over all discretion to judges.”
Golden said that the changes will keep the revolving door of justice spinning.
“The nickel and dime seller of heroin and cocaine to escape prosecution and the scourge of our society will have the run of our streets,” he said.
The compromise, which will be reportedly be inserted in the state budget, allows convicted felons to receive drug treatment instead of jail time if the presiding judge deems that it is warranted.
It also calls for drug courts state wide, as well as use $80 million in state funds to pay for new and expanded drug rehab programs.
“I have been fighting to overhaul the drug laws and restore judicial discretion in narcotics cases since I began my career in public service as a State Senator nearly a quarter-century ago,” Governor David Paterson said in a statement. “I have seen too many lives destroyed by outrageously harsh and ineffective mandatory sentencing laws, and I have also seen too many lives ruined by despicable dealers who prey on the vulnerabilities and addictions of others. I believe this agreement strikes the right balance, and I urge the Legislature to enact it immediately, before more lives and communities are needlessly destroyed.”
According to published reports, the new compromise will also allow 1,500 incarcerated drug felons to apply for early release once the new law takes affect.
State officials said that violent offenders wouldn’t qualify for drug treatment or early release.
Early last month, the State Senate seemed deadlocked over a Rockefeller Drug Law reform bill passed by the Assembly.
That law also called for giving judges more discretion over sentencing as well as more drug treatment for convicts suffering from addiction.
Ever since the laws were created 35 years ago, many have criticized the stringent prison sentences for those convicted of drug offenses in New York.
Opponents say that the laws have no wiggle room and that people convicted of low-level drug offenses are given the same sentences as drug kingpins.
Critics of the new plan think just the opposite will happen this time around: drug kingpins will receive the same light sentences that addicts arrested on non-violent drug crimes would if they can charm the judge enough.
The widespread discretion about to be given over to judges should remain with county prosecutors, some said.
Kings County District Attorney Charles Hynes already has in place a Drug Treatment Alternative-to-prison Program (DTAP) where those arrested for low-level drug crimes will be sent to rehab instead of prison.
“It’s been very successful and has made a great impact,” he said in a recent interview, adding that Kings County already has its own drug court. “Judges do a fine job, but in cases like this the district attorneys should be the gatekeepers.”
Many borough legislators hailed the tweaks to the intractable law.
“This is a promise made, and a promise kept,” Said Canarsie State Senator John Sampson, who is chair of the Senate’s Judiciary Committee. “The Rockefeller Drug Laws have decimated communities and destroyed lives. The reforms we made in 2004 were just a down payment. We’ve now paid off the mortgage.”
“We’re not opening up the floodgates, we’re not going to release violent drug dealers,” he explained. “We’re talking about helping drug addicts, not helping the distributors and kingpins.”
“Judicial discretion has always been one of the core principles for which the Assembly has fought,” added Assemblymember Helene Weinstein. “With the expansion of drug courts and other options to treat addicts, we are moving toward dealing with the underlying problems of drug offenders — giving them the opportunity to get treatment and reduce recidivism in New York.”
While hailed by both the Assembly and the State Senate, the new “compromise” to loosening the long criticized narcotics laws is being both lauded and panned across the borough.
Opponents to the changes fear that the retooled laws will put upwards of 1,500 incarcerated drug dealers and users back out on the streets.
“What the Governor and the Senate Majority and Assembly are trying to do is create the ‘Drug Dealers Protection Act,’” said Bay Ridge State Senator Martin Golden, a Republican. “They take away the voice of district attorneys and hand over all discretion to judges.”
Golden said that the changes will keep the revolving door of justice spinning.
“The nickel and dime seller of heroin and cocaine to escape prosecution and the scourge of our society will have the run of our streets,” he said.
The compromise, which will be reportedly be inserted in the state budget, allows convicted felons to receive drug treatment instead of jail time if the presiding judge deems that it is warranted.
It also calls for drug courts state wide, as well as use $80 million in state funds to pay for new and expanded drug rehab programs.
“I have been fighting to overhaul the drug laws and restore judicial discretion in narcotics cases since I began my career in public service as a State Senator nearly a quarter-century ago,” Governor David Paterson said in a statement. “I have seen too many lives destroyed by outrageously harsh and ineffective mandatory sentencing laws, and I have also seen too many lives ruined by despicable dealers who prey on the vulnerabilities and addictions of others. I believe this agreement strikes the right balance, and I urge the Legislature to enact it immediately, before more lives and communities are needlessly destroyed.”
According to published reports, the new compromise will also allow 1,500 incarcerated drug felons to apply for early release once the new law takes affect.
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Early last month, the State Senate seemed deadlocked over a Rockefeller Drug Law reform bill passed by the Assembly.
That law also called for giving judges more discretion over sentencing as well as more drug treatment for convicts suffering from addiction.
Ever since the laws were created 35 years ago, many have criticized the stringent prison sentences for those convicted of drug offenses in New York.
Opponents say that the laws have no wiggle room and that people convicted of low-level drug offenses are given the same sentences as drug kingpins.
Critics of the new plan think just the opposite will happen this time around: drug kingpins will receive the same light sentences that addicts arrested on non-violent drug crimes would if they can charm the judge enough.
The widespread discretion about to be given over to judges should remain with county prosecutors, some said.
Kings County District Attorney Charles Hynes already has in place a Drug Treatment Alternative-to-prison Program (DTAP) where those arrested for low-level drug crimes will be sent to rehab instead of prison.
“It’s been very successful and has made a great impact,” he said in a recent interview, adding that Kings County already has its own drug court. “Judges do a fine job, but in cases like this the district attorneys should be the gatekeepers.”
Many borough legislators hailed the tweaks to the intractable law.
“This is a promise made, and a promise kept,” Said Canarsie State Senator John Sampson, who is chair of the Senate’s Judiciary Committee. “The Rockefeller Drug Laws have decimated communities and destroyed lives. The reforms we made in 2004 were just a down payment. We’ve now paid off the mortgage.”
“We’re not opening up the floodgates, we’re not going to release violent drug dealers,” he explained. “We’re talking about helping drug addicts, not helping the distributors and kingpins.”
“Judicial discretion has always been one of the core principles for which the Assembly has fought,” added Assemblymember Helene Weinstein. “With the expansion of drug courts and other options to treat addicts, we are moving toward dealing with the underlying problems of drug offenders — giving them the opportunity to get treatment and reduce recidivism in New York.”
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Don wrote on Apr 12, 2009 5:28 PM:
any more hard ships and still put food on the table keep are homes
warm!!! Why don't the government stop putting people in jail for none
violent drug crimes at 40,000 dollars a person and be spending the money
to put other ways to heat are homes and fuel are cars and trucks that
get the foods and things that are made in this country to the homes and
where people can buy them at prices they can afford !!!
Things need to change in this country why do we put 1,000,000 to
1,200,000 people in jail for none violent drug crimes each year at a
cost of over 40 Billion dollars per year per million people just to
houses them. This money goes in to privet company's that are sub
company's of the people in the government. When the C.I.A brings cocaine
and heroin in to this country. Since we went to Afghanistan and took
over the country Afghanistan is now putting 80% of the heroin on the
streets world wide and there number two export is body parts for
transplants that does not say much for us running the country. The
C.I.A. got caught putting cocaine on the streets for sale in the 80s to
fund the Contras war more than once and did not get even a slap on the
hand for it. Marijuana should be legal for medical use in all states for
that matter if
marijuana was treated like alcohol and cigarettes and sin tax the hell
out of it. There is less kids doing cigarettes and alcohol then smoking
marijuana in this country because it is controlled better by the
government and tax payers would save over 40 to 50 Billion dollars a
year alone going in to these privet pockets just by doing this the drug
would be controlled better and less kids under the age of 21 would be
able to get marijuana as easy and the money for this would not be going
down the line and out of the country every one that is getting put in
jail for this would be out working paying taxes having homes paying
taxes
instead of costing the tax payer 40 Billion dollars per year. Then take
a bunch of this money and stop cocaine and heroin from getting in to the
country at all at the borders!. Any one that really looks at the whole
picture it looks like are government is trying to make money from both
ends of this bring the drugs in with the C.I.A. and make money putting
Americans in jail for using it. The average person in this country pays
his bills one week at a time cutting out food,medicines,vacations,not
being even able to keep home payments paid you name it. And be using
this money to help fund new way for every one to get to work ,travel
heat are home with out fossil fuel. if you think we had a depression in
the 30s it will not be nothing compared to what is coming The whole
world needs to worry about global warming more also how about taking
some of this money and putting in water treatment plants to take ocean
water to clean water on all are coasts lines with pipe lines to get it
to all the big city's and the crop land in the middle of this country
that most of are food is grown before it is to late. How about stronger
laws on all the scams people are trying to do to the average person like
make the commercials and advertisements run on TV really work just as
they say or be fined. THE PEOPLE NEED HELP
How many times do you think the people of this country will put up
with are rights being taken from us ?And how long will this country last
before people will be stealing or killing just to stay warm or have food
to feed there family's. If things go the way they are
right now you will not even recognize the world that is coming !!! If
there is not another way other than fossil fuel found soon and brought
to the people at a cost that will keep this country going so the people
of this country can work and make money enough to keep
warm keep food in front of are kids there will BE NO ONE PAYING TAXES OR
EVEN A NEED FOR A GOVERNMENT AT ALL...
This should NOT be put in the hands of the county prosecutors because they are just out to put as many in jail for as long as possible because this makes there records better not looking at the person or the circumstance that drove the person to do drugs or sell them what would any one do if it came to the point that you had no money to feed your childern or get your parents the things they need to even stay alive and the only way you seen was to try to sell a drug to keep your child from starving or cloths on there back ? "