Pubdate: Tue, 03 Mar 2009
Source: Watertown Daily Times (NY)
Copyright: 2009 Watertown Daily Times
Contact:  http://www.wdt.net
Details: http://www.mapinc.org/media/792
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

DRUG LAW REFORM

Give Judges More Sentencing Authority

The state Legislature this week will begin discussing further reform
of the draconian Rockefeller-era drug laws with proposals to give
judges more discretion to consider alternatives to prison for some
people convicted of drug crimes.

Reforms enacted in 2004 revised the harshest mandatory sentences under
the strict laws enacted in 1973 when Nelson Rockefeller was governor
by reducing the length of prison terms and increasing the amount of
drugs that could lead to longer sentences. But they left in place
mandatory minimum sentences judges must impose.

The Assembly is expected to take up a proposal to allow more judicial
discretion for possessing small amounts of drugs while allowing those
serving prison terms for nonviolent drug offenses to have their
sentences modified. Gov. David A. Paterson, a longtime opponent of the
laws, favors giving judges more leeway but his proposal does not
address reviewing sentences for those now in prison.

Judicial discretion will allow judges to distinguish between violent
and nonviolent drug offenders, between low-level users and drug
couriers and then decide whether alternatives to incarceration, such
as treatment and rehabilitation programs, would be more suitable than
prison time.

And perhaps less costly by keeping out of prison those who should not
be there in the first place at a time when Gov. Paterson is looking to
lower state costs through measures reducing the prison population.

As a state senator, the governor was arrested in 2002 during a
demonstration opposing the drug laws. Now he should have the
opportunity to complete the overdue reform he sought then with
legislative approval of a bill that gives judges the ability to weigh
individual circumstances when deciding an appropriate sentence.
- ---
MAP posted-by: Larry Seguin