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  Views vary at hearing on state drug laws
  Zachary R. Dowdy
 
 

May 9--As spectators booed and cheered, defense attorneys, prosecutors, treatment providers and reformers testified before state lawmakers yesterday about the ongoing battle of approaches in enforcing drug laws and rehabilitating offenders.

The daylong hearing in Manhattan marked to the day the 35th anniversary of the enactment of the Rockefeller Drug Laws, a set of mandatory sentencing measures that made New York one of the most punitive states.

Speakers urged the panel to build on amendments to the laws in 2004 and 2005, with most calling for a more public-health based approach over a criminal justice strategy. Those alterations lifted the most draconian elements of the laws, such as lifetime incarceration for the most severe offenses.

The hearing is part of a process to determine what else should be done.

"The city bar believes more should be done," said Robert Gottlieb, an attorney in Commack and Manhattan, speaking for the criminal justice council of the bar association of New York. "Allow them into drug treatment, not prison."

Judy Whiting, of the city bar's corrections committee, said the Rockefeller Drug Laws have wreaked "collateral consequences" on people convicted of drug offenses and their families and communities.

"People convicted of drug-related felonies face really serious obstacles to joining society once they are released," she said.

Lisa Schreibersdorf, president of the state Association of Criminal Defense Attorneys, said legislators should adopt laws to "wipe away" a first-time offender's record for minor drug offenses.

Bridget G. Brennan, special narcotics prosecutor for New York City, said reforms to the drug laws have reduced the amount of time people serve in prison and the number of inmates in for drug offenses without lifting the threat of incarceration that motivated many to kick the habit.

"The threat of incarceration is critical to the success of our programs -- and it is a critical element in the success of our efforts to keep dealers from taking over buildings, blocks and neighborhoods," she said.

Brennan echoed prosecutor Rhonda Ferdinand, who runs alternatives to incarceration (ATI) programs for the city. "The plain and unvarnished truth is that for the ATI process, the harsh sentences of the Rockefeller Drug Laws was the backbone of our success," she said, drawing hisses and boos in response.

"Drug cases are on the wane, so somebody's doing something right," said Assemb. Joseph Lentol (D-Brooklyn). "The answer may lie somewhere in between" reducing penalties and giving incentives for treatment and curbing the drug trade.

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To see more of Newsday, or to subscribe to the newspaper, go to http://www.newsday.com

Copyright (c) 2008, Newsday, Melville, N.Y.

Distributed by McClatchy-Tribune Information Services.

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