Pubdate: Fri, 10 Dec 2004
Source: Poughkeepsie Journal (NY)
Copyright: 2004 Poughkeepsie Journal
Contact:  http://www.poughkeepsiejournal.com/
Details: http://www.mapinc.org/media/1224

DRUG REFORMS AREN'T ENOUGH

New York lawmakers are about to remedy some of the most egregious aspects 
of the state's drug laws -- but their work will fall significantly short of 
total reform.

While Gov. George Pataki should support the changes before him, lawmakers 
shouldn't kid themselves; their work is far from done. The state is 
reducing the mandatory prison terms for people caught in the toughest of 
the drug statutes. Current laws can put people away for 15-25 years to life 
for some first-time offenses, such as possessing four ounces of cocaine. 
While drug use must not be condoned, people caught in this situation 
shouldn't be spending more time in prison than some rapists and murderers. 
Those drug sentences would be lowered to eight years to 20 years, with 
offenders eligible for release in less than seven years. The new sentencing 
guidelines are more reasonable.

Still, they will affect a small portion of drug offenders. The state could 
fill a baseball stadium with all the prisoners it houses; only about 400 
are serving the maximum for offenses related only to drug possession or 
distribution. At least these inmates would be given the chance to ask their 
sentencing courts to reduce their prison time in light of the new 
guidelines. Modest sentencing reductions would also be made to some 
lower-level drug offenders.

But any real reform must give judges more freedom in sentencing. 
Specifically, they ought to have the ability to sentence some nonviolent 
convicts to drug treatment programs rather than prison. Lawmakers failed to 
include this important provision. That means judges still can't take into 
account whether someone is a first-time or repeat offender in most cases. 
It means judges still can't consider mitigating factors, such as the actual 
role a person played in a drug transaction.

The Rockefeller drug laws have put thousands of nonviolent convicts behind 
bars at considerable cost to taxpayers. Since these drug laws were created 
in 1973, the state has built more than 50 prisons. An inmate population 
that once totaled about 12,500 has grown to about 65,000.

Many of the inmates could live more productive lives if they had the chance 
to go through less expensive drug treatment programs. But the bill doesn't 
include any money to expand treatment programs. So, in many ways, it will 
be business as usual in New York.

Finally, some well-intended tougher measures also got squelched in the 
compromise. State Senate Republicans and Gov. George Pataki dropped their 
ideas to get longer penalties for drug dealers carrying guns or who use 
children as couriers. A better bill would have included those provisions.

Instead, lawmakers approved a bill that's too narrow and too modest, 
considering the substantial flaws in how New York deals with drug offenders.

This debate is far from over.
- ---
MAP posted-by: Beth