Pubdate: Sun, 19 Dec 2004
Source: Saratogian, The (NY)
Copyright: The Saratogian 2004
Contact:  http://www.saratogian.com/
Details: http://www.mapinc.org/media/2100

STATE'S DRUG LAW REFORM A WISE MOVE

New York took an important step into the present and toward the future by 
reworking portions of the 1970s-era Rockefeller drug laws. Gov. George 
Pataki on Tuesday signed legislation scaling back what used to be among the 
harshest drug laws in the nation.

Don't mistake this for leniency or coddling of drug sellers. No penalty can 
be too strong for pushing poison.

The major changes in the law deal with nonviolent offenders, lowering 
maximum sentences so people can learn and move on to productive lives. It 
means more people out in the work force instead of wasting away in prison 
at the expense of taxpayers.

Most importantly, it means that prison is reserved for those who truly 
deserve it: murderers, rapists, child molesters and violent criminals.

Though drug laws inevitably have mutated over the years as different 
governors took the helm, the slimmed-down version fits modern 
sensibilities, offering reasonable hope of a second chance while still 
punishing those who break the law. Interestingly, the revised law, which 
goes into effect in January, is retroactive in part. Judges will be allowed 
to revisit cases of inmates who are serving life sen tences for drug 
offenses. That's only about 400 people across the state, a fraction of 
those incarcerated.

Like any law, this is being called too tough by some and too lenient by 
others. It doesn't provide funding for drug treatment programs, but neither 
does it crack down harder on sellers who use children as drug couriers.

On the simplest level, the revision is an accomplishment because the 
Assembly, Senate and Pataki were all in agreement. At its core, it's a 
necessary and rational update.

Saratoga County District Attorney James A. Murphy III sees the revision as 
a positive change. Administering the law, choosing a just sentence and 
protecting the public is not easy.

"It's a delicate balance, every day," Murphy said. "We re-evaluate our 
position constantly to be sure the law is fair."
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