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Updated 10/07/2009 08:02 PM

Revised Drug Laws Take Effect

By: Lily Jamali

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Hundreds of lower-level drug felons will be allowed to petition judges for lighter sentences under key revisions to the Rockefeller Drug Laws that took effect Wednesday. NY1's Lily Jamali filed the following report.

Case files of incarcerated drug offenders who petitioned to have their sentences reduced were piled up Wednesday.

An attorney for the New York Legal Aid Society says the organization has about 270 possible New York City cases out of some 1,100 statewide identified by prison officials.

The requests are allowed under the drug law reforms passed by the state legislature this spring. Governor David Paterson hailed the changes during an appearance in Brooklyn Wednesday morning.

"Today is a day for second chances," Paterson said.

The legislation put an end to what was left of the so-called Rockefeller Drug Laws which were passed in 1973. Judges were forced to impose mandatory sentences, even for those caught with drugs for the first time.

In April, mandatory minimums for those offenders ended. On Wednesday, judges regained the ability to use their own discretion in imposing punishment.

"We are going to allow judges to use the great ability that got them on the bench in the first place," Paterson said.

Judges will now decide whether to send first-time drug offenders to prison or offer them the option of going into treatment. Before, prosecutors made that call.

In 1997, prosecutors gave Damon Fuseyamore, a now-recovered cocaine addict, the choice of two to seven years behind bars or a treatment program. He says that made all the difference.

"Any person in their right mind would just go through the program. Around that time, I found out I had a baby on the way and I did not want him to see me doing anything like that," Fuseyamore said.

But there are concerns. Special Narcotics Prosecutor Bridget Brennan says while there are many good judges out there, they are overloaded as it is and giving them more discretion could make it more difficult for them to exercise good judgment.

"The judges will have to really balance those pressures of having a crowded court docket against ensuring that they are exercising their discretion appropriately in every case," Brennan said.

In the past, Brennan says having boundaries helped judges balance their load. But proponents of the changes say the one size fits all approach hasn't worked and that it has filled prisons with people who shouldn't be there.

They say although it may be more work, offenders should be treated based on their circumstances.