B Sellers
2009-06-05 14:20:48 UTC
Drug War Chronicle, Issue #588 -- 6/5/09
Phillip S. Smith, Editor, ***@drcnet.org
http://stopthedrugwar.org/chronicle/588
A Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, ***@drcnet.org
"Raising Awareness of the Consequences of Drug Prohibition"
Table of Contents:
1. FEATURE: NEW YORK REPUBLICANS, PROSECUTORS IN LAST MINUTE BID
TO BLOCK ROCKEFELLER REFORM PROVISION
New York Republicans and prosecutors lost the battle over
Rockefeller drug law reform in April. They were back this week
with a last-ditch effort to repeal one of the new law's key
provisions. But with the governor and Democrats in the Assembly
standing firm, it looks like it ain't gonna happen.
http://stopthedrugwar.org/chronicle/588/rockefeller_drug_law_reform_seal_criminal_records
2. FEATURE: DC MOVES TOWARD STRICTER PENALTIES FOR KHAT
Taxi drivers' wake-me-up or terrorist drug threat? The herbal
stimulant khat is popular with elements of America's immigrant
East African population despite being banned by federal law.
Now, Washington, DC, home to one of the nation's East African
immigrant communities, wants its law to be as severe as federal
law. A battle is brewing.
http://stopthedrugwar.org/chronicle/588/washington_dc_khat_bill
3. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
Cops pocketing drug money, cops ripping off drug dealers, cops
protecting drug dealers, cops stealing dope, and, of course,
another dope-smuggling jail guard.
http://stopthedrugwar.org/chronicle/588/police_drug_corruption
4. MEDICAL MARIJUANA: MID-ATLANTIC MOVEMENT AS DELAWARE, NEW
JERSEY BILLS WIN COMMITTEE VOTES
Medical marijuana legislation saw progress in two more states
this week, as bills advanced in New Jersey and Delaware. But the
New Jersey bill just got more restrictive, too.
http://stopthedrugwar.org/chronicle/588/medical_marijuana_bills_new_jersey_delaware
5. MEDICAL MARIJUANA: RHODE ISLAND DISPENSARY BILL PASSES HOUSE,
NOW GOES FOR FINAL SENATE APPROVAL
The Rhode Island legislature is well on its way to passing the
medical marijuana dispensary bill by overwhelming veto-proof
margins. Take that, Gov. Carcieri!
http://stopthedrugwar.org/chronicle/588/rhode_island_house_medical_marijuana_dispensary_bill_passes
6. MEDICAL MARIJUANA: VETERANS ADMINISTRATION SAYS POSITIVE
MARIJUANA DRUG SCREENING WILL NOT VOID PAIN CONTRACTS FOR VETS
WITH DOCTORS' RECOMMENDATIONS
Is the Veterans Administration changing its tune on medical
marijuana? Well, not exactly, but now it looks like at least
they won't throw you out of their pain management programs if
you're a registered user in a state where it's legal.
http://stopthedrugwar.org/chronicle/588/veterans_administration_medical_marijuana
7. DRUG TESTING: RANDOM SUSPICIONLESS DRUG TESTS SUFFER DOUBLE
SMACKDOWN IN LOUISIANA
Louisiana proponents of random, suspicionless drug testing are
smarting after being handed a pair of defeats in the past 10
days.
http://stopthedrugwar.org/chronicle/588/louisiana_random_drug_tests_defeated_teachers_welfare
8. PLEASE: DON'T SHOOT!
The killing of Tarika Wilson, an unarmed mother holding her
child, and the maiming of that child, is an inevitable
consequences of the overuse of SWAT teams and the growing
paramilitarization of the drug war.
http://stopthedrugwar.org/chronicle/588/please_dont_shoot
9. EUROPE: NICE PEOPLE TAKE DRUGS, SAYS BRITISH ADVOCACY GROUP
A British drug reform advocacy group is bound to shock some
sensibilities with its new bus-side ad campaign, but that's
precisely the point.
http://stopthedrugwar.org/chronicle/588/release_bus_ad_nice_people_take_drugs
10. CANADA: NEW HEROIN MAINTENANCE PILOT PROGRAM TO GET UNDERWAY
LATER THIS YEAR
Canada's Conservative government is hard-line on drug policy
issues. It wants mandatory minimum sentences for drug crimes and
it is in court to try to block Vancouver's safe injection site.
But now, it is funding a heroin maintenance pilot
project--again.
http://stopthedrugwar.org/chronicle/588/canada_salome_heroin_maintenance_pilot_program
11. EUROPE: GERMAN PARLIAMENT APPROVES HEROIN MAINTENANCE
Germany is about to become the latest country to move heroin
maintenance from pilot program to permanent. In the US, we
maintain our addicts behind bars.
http://stopthedrugwar.org/chronicle/588/germany_approves_heroin_maintenance
12. CANADA: SUPREME COURT CLARIFIES ASSET FORFEITURE LAW, ALLOWS
GRADUATED SANCTIONS
In its first review of Canada's asset forfeiture laws, the
Canadian Supreme Court has ruled that judges must look at the
circumstances of each case in deciding whether full, partial or
no forfeiture orders should be issued. In the US, prosecutors
make forfeiture decisions.
http://stopthedrugwar.org/chronicle/588/canada_supreme_court_asset_forfeiture
13. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/588/drug_war_history
14. WEEKLY: BLOGGING @ THE SPEAKEASY
"Drug Smuggling Scientists Are Always Ahead of the Game," "If
Pawlenty Wants to Be President, He Should Reconsider His
Opposition to Medical Marijuana," "States Don't Need Federal
Permission to Legalize Marijuana, Part II," "Top Anti-Drug
Researcher Changes His Mind, Says Legalize Marijuana," "Rogue
Philly Drug Cops Add Molestation to Their List of Crimes," "If
There's No 'War on Drugs' Anymore, Then What's the Helicopter
For?," "Yes, the Case Against Marc Emery is Political," "LAPD
Raids Its Own Officer in Weird Botched Investigation,"
"Legalizing Drugs is an Idea That Speaks for Itself," "Orange
County Seniors Demand Medical Marijuana Access."
http://stopthedrugwar.org/chronicle/588/blogging_at_the_speakeasy
15. JOB OPPORTUNITY: LEGAL COORDINATOR, AMERICANS FOR SAFE
ACCESS, OAKLAND, CA
Americans for Safe Access (ASA), the largest national
member-based organization of patients, medical professionals,
scientists and concerned citizens promoting safe and legal
access to cannabis for therapeutic uses and research, is seeking
a Legal Coordinator to work from its office in Oakland,
California.
http://stopthedrugwar.org/chronicle/588/asa_legal_coordinator_job_opportunity
(Not subscribed? Visit http://stopthedrugwar.org to sign up
today!)
================
1. Feature: New York Republicans, Prosecutors in Last Minute Bid
to Block Rockefeller Reform Provision
http://stopthedrugwar.org/chronicle/588/rockefeller_drug_law_reform_seal_criminal_records
The losers in New York state's effort to reform its draconian
Rockefeller drug laws, mainly district attorneys and Republican
legislators, made a last-ditch effort this week to scuttle part
of the reforms. But given a strong response from reform
proponents, Gov. David Paterson (D), and Assembly Democrats, the
effort appeared dead in the water as the week wound down.
The brouhaha erupted over a provision in the law that allows
judges the discretion to conditionally seal some nonviolent
conviction records when a person has completed drug treatment.
The reason for the provision is simple: To make it possible for
people who have successfully undergone treatment to be able to
enter the workforce without having the albatross of their
nonviolent, pre-treatment drug convictions hanging around their
necks.
With the Rockefeller reform law set to go into effect next week,
Senate Republican minority leader Dean Skelos headlined a Monday
press conference
(http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--nydruglaws0601jun01,0,4947690.story)
to warn that allowing judges to seal the records of "dangerous
criminals" was a threat to the safety of New Yorkers. "This is
one that is potentially going to kill people if it's not
repealed," said Skelos (R-Rockville Centre). "This is about life
and death."
"It's just mind-boggling in terms of the impact of this
provision," said Sen. Frank Padavan (R-Bellerose) the primary
sponsor of the effort to undo the provision. "This change in our
state drug laws defies all common sense because it would
effectively wipe the slate clean for criminals who will face
necessary criminal background checks for positions of confidence
and public trust."
"It means someone convicted of selling drugs on a school yard
could be hired as a teacher," Skelos added. "Someone caring for
toddlers, someone running a crystal meth lab could be delivering
medications to your grandmother at a nursing home. And an
individual convicted of forgery or grand larceny could be
handling your money at the bank or taking your application for a
loan or credit card."
DAs also joined in the attack. "If you look at the list of jobs
and licenses that you are going to be able to get without having
your criminal drug activity revealed to a potential employer is
remarkable," Staten Island District Attorney Daniel Donovan, who
heads the state's district attorneys' association, told the
Ithaca Journal
(http://www.theithacajournal.com/article/20090528/NEWS01/905280391/District+attorneys+attack+drug+law).
Sounds pretty scary, and that scare tactic worked, at least to
some degree. Senate Democrats initially wavered, saying they
might take up the issue. On Wednesday, Sen. Eric Schneiderman
(D-Manhattan), the Senate sponsor of the Rockefeller reform bill
indicated he will try to delay the implementation of the
record-sealing provision.
But on closer analysis, the Republicans' and the prosecutors'
appeal to public safety appears threadbare, one might even say
hypocritical, especially given that DAs have held the same power
to seal conviction records for decades -- and have used it
expansively with little scrutiny.
The new provision is much more transparent. Under this
provision, a judge may order records to be conditionally sealed
only after a person has successfully completed both a
judicially-supervised drug treatment program and the
court-imposed sentence for the offense, and after the judge
considers, among other things, the circumstances and seriousness
of the offense, the character of the defendant, his or her
criminal history, and the impact of the sealing on public
safety. A judge must also give the district attorney notice and
an opportunity to be heard and may deny a sealing request even
if the applicant has completed drug treatment.
Even while signaling he might be open to delay to discuss the
provision, Schneiderman defended the bill. "A defendant should
be able to go to a judge and say the prosecutor wouldn't do this
for me," he said. "Now the judge can overrule the prosecutor,"
he added before going on to accuse the GOP of trying to
"terrorize the citizenry."
If Schneiderman was intimidated by the Republican onslaught,
some of his fellow Senate Democrats weren't. Senate Crime
Committee Chairwoman Ruth Hassell-Thompson (D-Mount Vernon) said
in a statement that the criticism "is an alarmist attitude of a
few who refuse to accept the notion that many of these former
addicts have served their time and proven themselves worthy of a
second chance."
Nor were reform proponents taking the attack lying down. "The
real issue here is not about sealing, but who gets to decide,"
said Gabriel Sayegh, project director with the Drug Policy
Alliance (http://www.drugpolicy.org). "Prosecutors have been
sealing records for years, and so long as they held the
discretion to seal records, they didn't mind sealing. But now
that discretion has been returned to judges, the prosecutors
have objections to the practice. This isn't about record
sealing, which works when done right. It's about who gets to
decide, and prosecutors don't want to lose control over the
process."
"The right-of-center representatives and law enforcement
officials, mainly DAs, are trying to make political hay out of
this issue and are using fairly old-school tactics to bum rush
the public into being scared," said Robert Gangi, executive
director of the Correctional Association of New York
(http://www.correctionalassociation.org), a member of the
Rockefeller reform coalition Drop the Rock
(http://www.droptherock.org). "But I think our side has defended
the sealing provisions very eloquently and forcefully."
"People with past criminal histories -- no matter how old or the
nature of the record -- are often indefinitely denied access to
many spheres of society including employment," said Anita
Marton, vice president of the Legal Action Center
(http://www.lac.org). "This provision increases employment
opportunities, so people can truly be given a second chance at
succeeding in and contributing to society. This is smart
policy."
"Prosecutors and some opportunistic elected officials want to
set up road blocks and stigmatize people by prohibiting judges
from sealing records for people who have successfully completed
their drug treatment," said Anthony Papa, communications
specialist at the Drug Policy Alliance, who served 12 years for
a first time nonviolent drug offense. "We should be removing
barriers for people who are reentering society so they can
function as productive, taxpaying citizens, and access to
employment is an important part of that."
By Wednesday, Gov. David Paterson (D) had weighed in, saying the
law should stand as is. The reforms are aimed at giving judges
discretion in diverting nonviolent drug offenders to treatment
instead of prison, he said, and people who complete such
programs should not be penalized when seeking work. "We feel it
helps society to try to place them in homes and in jobs without
putting the scar of their addiction on them," he said during a
meeting with legislators
(http://polhudson.lohudblogs.com/2009/06/03/paterson-defends-drug-law-changes)
to discuss the matter.
The governor's statement was on the money, said Gangi. "Sealing
the records is actually a very good idea that doesn't increase
the risk to public safety," he said. "People who have gone
through treatment and avoided prison are going to continue to do
well. We don't want to place obstacles in their path."
With Paterson standing firm and Assembly Democrats right there
beside him, the issue should be dead now, said Gangi. "The
Assembly Democrats won't even be considering looking at this,"
he said, "even if the Senate Democrats waiver. With the
governor's support and if the Assembly Democrats hold the line,
this is even more of a non-starter. It should be case closed,
and let's move on to the next pressing matter."
My, how the mighty have fallen! Up until last year, DAs and
their Republican allies in the state legislature were able to
beat back reform with the clubs of fear-mongering and
demagoguery. Now, they appear lonely losers, their appeals to
fear scoffed at, their shrieks of discontent lost in the wind.
================
...
___________________
It's time to correct the mistake:
truth:the Anti-drugwar
<http://www.briancbennett.com>
Cops say legalize drugs--find out why:
<http://www.leap.cc>
Stoners are people too:
<http://www.cannabisconsumers.org>
___________________
later
bliss -- Cacoa Powered... (at sfo dot com)
--
bobbie sellers - a retired nurse in San Francisco
"It is by will alone I set my mind in motion.
It is by the beans of cacoa that the thoughts acquire speed,
the thighs acquire girth, the girth become a warning.
It is by theobromine alone I set my mind in motion."
--from Someone else's Dune spoof ripped to my taste.
Phillip S. Smith, Editor, ***@drcnet.org
http://stopthedrugwar.org/chronicle/588
A Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, ***@drcnet.org
"Raising Awareness of the Consequences of Drug Prohibition"
Table of Contents:
1. FEATURE: NEW YORK REPUBLICANS, PROSECUTORS IN LAST MINUTE BID
TO BLOCK ROCKEFELLER REFORM PROVISION
New York Republicans and prosecutors lost the battle over
Rockefeller drug law reform in April. They were back this week
with a last-ditch effort to repeal one of the new law's key
provisions. But with the governor and Democrats in the Assembly
standing firm, it looks like it ain't gonna happen.
http://stopthedrugwar.org/chronicle/588/rockefeller_drug_law_reform_seal_criminal_records
2. FEATURE: DC MOVES TOWARD STRICTER PENALTIES FOR KHAT
Taxi drivers' wake-me-up or terrorist drug threat? The herbal
stimulant khat is popular with elements of America's immigrant
East African population despite being banned by federal law.
Now, Washington, DC, home to one of the nation's East African
immigrant communities, wants its law to be as severe as federal
law. A battle is brewing.
http://stopthedrugwar.org/chronicle/588/washington_dc_khat_bill
3. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
Cops pocketing drug money, cops ripping off drug dealers, cops
protecting drug dealers, cops stealing dope, and, of course,
another dope-smuggling jail guard.
http://stopthedrugwar.org/chronicle/588/police_drug_corruption
4. MEDICAL MARIJUANA: MID-ATLANTIC MOVEMENT AS DELAWARE, NEW
JERSEY BILLS WIN COMMITTEE VOTES
Medical marijuana legislation saw progress in two more states
this week, as bills advanced in New Jersey and Delaware. But the
New Jersey bill just got more restrictive, too.
http://stopthedrugwar.org/chronicle/588/medical_marijuana_bills_new_jersey_delaware
5. MEDICAL MARIJUANA: RHODE ISLAND DISPENSARY BILL PASSES HOUSE,
NOW GOES FOR FINAL SENATE APPROVAL
The Rhode Island legislature is well on its way to passing the
medical marijuana dispensary bill by overwhelming veto-proof
margins. Take that, Gov. Carcieri!
http://stopthedrugwar.org/chronicle/588/rhode_island_house_medical_marijuana_dispensary_bill_passes
6. MEDICAL MARIJUANA: VETERANS ADMINISTRATION SAYS POSITIVE
MARIJUANA DRUG SCREENING WILL NOT VOID PAIN CONTRACTS FOR VETS
WITH DOCTORS' RECOMMENDATIONS
Is the Veterans Administration changing its tune on medical
marijuana? Well, not exactly, but now it looks like at least
they won't throw you out of their pain management programs if
you're a registered user in a state where it's legal.
http://stopthedrugwar.org/chronicle/588/veterans_administration_medical_marijuana
7. DRUG TESTING: RANDOM SUSPICIONLESS DRUG TESTS SUFFER DOUBLE
SMACKDOWN IN LOUISIANA
Louisiana proponents of random, suspicionless drug testing are
smarting after being handed a pair of defeats in the past 10
days.
http://stopthedrugwar.org/chronicle/588/louisiana_random_drug_tests_defeated_teachers_welfare
8. PLEASE: DON'T SHOOT!
The killing of Tarika Wilson, an unarmed mother holding her
child, and the maiming of that child, is an inevitable
consequences of the overuse of SWAT teams and the growing
paramilitarization of the drug war.
http://stopthedrugwar.org/chronicle/588/please_dont_shoot
9. EUROPE: NICE PEOPLE TAKE DRUGS, SAYS BRITISH ADVOCACY GROUP
A British drug reform advocacy group is bound to shock some
sensibilities with its new bus-side ad campaign, but that's
precisely the point.
http://stopthedrugwar.org/chronicle/588/release_bus_ad_nice_people_take_drugs
10. CANADA: NEW HEROIN MAINTENANCE PILOT PROGRAM TO GET UNDERWAY
LATER THIS YEAR
Canada's Conservative government is hard-line on drug policy
issues. It wants mandatory minimum sentences for drug crimes and
it is in court to try to block Vancouver's safe injection site.
But now, it is funding a heroin maintenance pilot
project--again.
http://stopthedrugwar.org/chronicle/588/canada_salome_heroin_maintenance_pilot_program
11. EUROPE: GERMAN PARLIAMENT APPROVES HEROIN MAINTENANCE
Germany is about to become the latest country to move heroin
maintenance from pilot program to permanent. In the US, we
maintain our addicts behind bars.
http://stopthedrugwar.org/chronicle/588/germany_approves_heroin_maintenance
12. CANADA: SUPREME COURT CLARIFIES ASSET FORFEITURE LAW, ALLOWS
GRADUATED SANCTIONS
In its first review of Canada's asset forfeiture laws, the
Canadian Supreme Court has ruled that judges must look at the
circumstances of each case in deciding whether full, partial or
no forfeiture orders should be issued. In the US, prosecutors
make forfeiture decisions.
http://stopthedrugwar.org/chronicle/588/canada_supreme_court_asset_forfeiture
13. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/588/drug_war_history
14. WEEKLY: BLOGGING @ THE SPEAKEASY
"Drug Smuggling Scientists Are Always Ahead of the Game," "If
Pawlenty Wants to Be President, He Should Reconsider His
Opposition to Medical Marijuana," "States Don't Need Federal
Permission to Legalize Marijuana, Part II," "Top Anti-Drug
Researcher Changes His Mind, Says Legalize Marijuana," "Rogue
Philly Drug Cops Add Molestation to Their List of Crimes," "If
There's No 'War on Drugs' Anymore, Then What's the Helicopter
For?," "Yes, the Case Against Marc Emery is Political," "LAPD
Raids Its Own Officer in Weird Botched Investigation,"
"Legalizing Drugs is an Idea That Speaks for Itself," "Orange
County Seniors Demand Medical Marijuana Access."
http://stopthedrugwar.org/chronicle/588/blogging_at_the_speakeasy
15. JOB OPPORTUNITY: LEGAL COORDINATOR, AMERICANS FOR SAFE
ACCESS, OAKLAND, CA
Americans for Safe Access (ASA), the largest national
member-based organization of patients, medical professionals,
scientists and concerned citizens promoting safe and legal
access to cannabis for therapeutic uses and research, is seeking
a Legal Coordinator to work from its office in Oakland,
California.
http://stopthedrugwar.org/chronicle/588/asa_legal_coordinator_job_opportunity
(Not subscribed? Visit http://stopthedrugwar.org to sign up
today!)
================
1. Feature: New York Republicans, Prosecutors in Last Minute Bid
to Block Rockefeller Reform Provision
http://stopthedrugwar.org/chronicle/588/rockefeller_drug_law_reform_seal_criminal_records
The losers in New York state's effort to reform its draconian
Rockefeller drug laws, mainly district attorneys and Republican
legislators, made a last-ditch effort this week to scuttle part
of the reforms. But given a strong response from reform
proponents, Gov. David Paterson (D), and Assembly Democrats, the
effort appeared dead in the water as the week wound down.
The brouhaha erupted over a provision in the law that allows
judges the discretion to conditionally seal some nonviolent
conviction records when a person has completed drug treatment.
The reason for the provision is simple: To make it possible for
people who have successfully undergone treatment to be able to
enter the workforce without having the albatross of their
nonviolent, pre-treatment drug convictions hanging around their
necks.
With the Rockefeller reform law set to go into effect next week,
Senate Republican minority leader Dean Skelos headlined a Monday
press conference
(http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--nydruglaws0601jun01,0,4947690.story)
to warn that allowing judges to seal the records of "dangerous
criminals" was a threat to the safety of New Yorkers. "This is
one that is potentially going to kill people if it's not
repealed," said Skelos (R-Rockville Centre). "This is about life
and death."
"It's just mind-boggling in terms of the impact of this
provision," said Sen. Frank Padavan (R-Bellerose) the primary
sponsor of the effort to undo the provision. "This change in our
state drug laws defies all common sense because it would
effectively wipe the slate clean for criminals who will face
necessary criminal background checks for positions of confidence
and public trust."
"It means someone convicted of selling drugs on a school yard
could be hired as a teacher," Skelos added. "Someone caring for
toddlers, someone running a crystal meth lab could be delivering
medications to your grandmother at a nursing home. And an
individual convicted of forgery or grand larceny could be
handling your money at the bank or taking your application for a
loan or credit card."
DAs also joined in the attack. "If you look at the list of jobs
and licenses that you are going to be able to get without having
your criminal drug activity revealed to a potential employer is
remarkable," Staten Island District Attorney Daniel Donovan, who
heads the state's district attorneys' association, told the
Ithaca Journal
(http://www.theithacajournal.com/article/20090528/NEWS01/905280391/District+attorneys+attack+drug+law).
Sounds pretty scary, and that scare tactic worked, at least to
some degree. Senate Democrats initially wavered, saying they
might take up the issue. On Wednesday, Sen. Eric Schneiderman
(D-Manhattan), the Senate sponsor of the Rockefeller reform bill
indicated he will try to delay the implementation of the
record-sealing provision.
But on closer analysis, the Republicans' and the prosecutors'
appeal to public safety appears threadbare, one might even say
hypocritical, especially given that DAs have held the same power
to seal conviction records for decades -- and have used it
expansively with little scrutiny.
The new provision is much more transparent. Under this
provision, a judge may order records to be conditionally sealed
only after a person has successfully completed both a
judicially-supervised drug treatment program and the
court-imposed sentence for the offense, and after the judge
considers, among other things, the circumstances and seriousness
of the offense, the character of the defendant, his or her
criminal history, and the impact of the sealing on public
safety. A judge must also give the district attorney notice and
an opportunity to be heard and may deny a sealing request even
if the applicant has completed drug treatment.
Even while signaling he might be open to delay to discuss the
provision, Schneiderman defended the bill. "A defendant should
be able to go to a judge and say the prosecutor wouldn't do this
for me," he said. "Now the judge can overrule the prosecutor,"
he added before going on to accuse the GOP of trying to
"terrorize the citizenry."
If Schneiderman was intimidated by the Republican onslaught,
some of his fellow Senate Democrats weren't. Senate Crime
Committee Chairwoman Ruth Hassell-Thompson (D-Mount Vernon) said
in a statement that the criticism "is an alarmist attitude of a
few who refuse to accept the notion that many of these former
addicts have served their time and proven themselves worthy of a
second chance."
Nor were reform proponents taking the attack lying down. "The
real issue here is not about sealing, but who gets to decide,"
said Gabriel Sayegh, project director with the Drug Policy
Alliance (http://www.drugpolicy.org). "Prosecutors have been
sealing records for years, and so long as they held the
discretion to seal records, they didn't mind sealing. But now
that discretion has been returned to judges, the prosecutors
have objections to the practice. This isn't about record
sealing, which works when done right. It's about who gets to
decide, and prosecutors don't want to lose control over the
process."
"The right-of-center representatives and law enforcement
officials, mainly DAs, are trying to make political hay out of
this issue and are using fairly old-school tactics to bum rush
the public into being scared," said Robert Gangi, executive
director of the Correctional Association of New York
(http://www.correctionalassociation.org), a member of the
Rockefeller reform coalition Drop the Rock
(http://www.droptherock.org). "But I think our side has defended
the sealing provisions very eloquently and forcefully."
"People with past criminal histories -- no matter how old or the
nature of the record -- are often indefinitely denied access to
many spheres of society including employment," said Anita
Marton, vice president of the Legal Action Center
(http://www.lac.org). "This provision increases employment
opportunities, so people can truly be given a second chance at
succeeding in and contributing to society. This is smart
policy."
"Prosecutors and some opportunistic elected officials want to
set up road blocks and stigmatize people by prohibiting judges
from sealing records for people who have successfully completed
their drug treatment," said Anthony Papa, communications
specialist at the Drug Policy Alliance, who served 12 years for
a first time nonviolent drug offense. "We should be removing
barriers for people who are reentering society so they can
function as productive, taxpaying citizens, and access to
employment is an important part of that."
By Wednesday, Gov. David Paterson (D) had weighed in, saying the
law should stand as is. The reforms are aimed at giving judges
discretion in diverting nonviolent drug offenders to treatment
instead of prison, he said, and people who complete such
programs should not be penalized when seeking work. "We feel it
helps society to try to place them in homes and in jobs without
putting the scar of their addiction on them," he said during a
meeting with legislators
(http://polhudson.lohudblogs.com/2009/06/03/paterson-defends-drug-law-changes)
to discuss the matter.
The governor's statement was on the money, said Gangi. "Sealing
the records is actually a very good idea that doesn't increase
the risk to public safety," he said. "People who have gone
through treatment and avoided prison are going to continue to do
well. We don't want to place obstacles in their path."
With Paterson standing firm and Assembly Democrats right there
beside him, the issue should be dead now, said Gangi. "The
Assembly Democrats won't even be considering looking at this,"
he said, "even if the Senate Democrats waiver. With the
governor's support and if the Assembly Democrats hold the line,
this is even more of a non-starter. It should be case closed,
and let's move on to the next pressing matter."
My, how the mighty have fallen! Up until last year, DAs and
their Republican allies in the state legislature were able to
beat back reform with the clubs of fear-mongering and
demagoguery. Now, they appear lonely losers, their appeals to
fear scoffed at, their shrieks of discontent lost in the wind.
================
...
___________________
It's time to correct the mistake:
truth:the Anti-drugwar
<http://www.briancbennett.com>
Cops say legalize drugs--find out why:
<http://www.leap.cc>
Stoners are people too:
<http://www.cannabisconsumers.org>
___________________
later
bliss -- Cacoa Powered... (at sfo dot com)
--
bobbie sellers - a retired nurse in San Francisco
"It is by will alone I set my mind in motion.
It is by the beans of cacoa that the thoughts acquire speed,
the thighs acquire girth, the girth become a warning.
It is by theobromine alone I set my mind in motion."
--from Someone else's Dune spoof ripped to my taste.