Pubdate: Wed, 16 Jul 2003
Source: Daily Star, The (NY)
Copyright: 2003 The Daily Star
Contact:  http://www.thedailystar.com/
Details: http://www.mapinc.org/media/557
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

PLAN FOR DRUG LAWS A GOOD STEP

At long last, the three middle-aged men who control New York state
politics have apparently decided to do something about the onerous
Rockefeller drug laws that have unjustly incarcerated so many young
people.

Two questions, however, remain:

What took so long?

Are the proposed changes going to make any real difference?

On Tuesday, Gov. George Pataki released a proposal that would appear
to have the blessings of Assembly Speaker Sheldon Silver and Senate
President Joseph Bruno to overhaul the Rockefeller laws, which often
require long prison sentences for minor drug offenses.

If Pataki's proposals become law, perhaps hundreds of nonviolent
criminals would get out of prison, and many others would have their
sentences reduced.

As we have said in this space numerous times, it is something that is
long overdue. We have fulminated about the Legislature's consistent
dithering about the issue in session after session.

Now, it would seem there is reason for hope.

Lest anyone think the trio is soft on crime, the proposal would
increase penalties for big-time drug dealers, particularly those who
use guns or sell drugs to children or via the Internet.

According to The Associated Press, these are the major aspects of the
proposal:

. It will dramatically reduce penalties for all nonviolent drug
offenders. For example, Class A-I nonviolent, first-time felons could
receive nearly a 50 percent reduction in sentencing.

. It will make eligible all nonviolent felons for a significant
reduction in prison time through lower sentences as well as credit for
good behavior in prison.

. It will make virtually all nonviolent drug felons eligible for
"retroactive relief." About 90 percent of the current 550, Class A-I
drug felons would be eligible for re-sentencing. Approximately 67
percent of these eligible Class A-I felons, or about 370 offenders,
could be released immediately after passage of the law.

. It will make all other nonviolent drug felons who have not reached
their minimum sentences eligible for an additional merit time
reduction of a sixth of their minimum sentence. Approximately 10,000
offenders could be eligible for this additional reduction.

This is a very important step, as long as we keep in mind that it is
only a first step. Many judges will still be hamstrung by mandatory
sentencing guidelines.

Judges should be allowed to be judges, to temper strict laws with
logic and wisdom. That means they should be given leeway instead of
just being the instruments of blind justice.

"We cannot afford to lose this historic opportunity to pass a bill
that would make an immediate difference to so many lives, as well as
protect our neighborhoods and children from drugs and violence,"
Pataki said.

We're not certain it will do all that, but anything that will temper
the restrictive and foolish policy that has been the law of the state
for so long will certainly be welcome.

Now, it's up to the Legislature to get down to business and make the
proposal a law. 
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