LET'S GIVE DRUG OFFENDERS A SECOND CHANCE

NOW THAT the presidential election is almost over, it is time to refocus on
some of the problems facing our society.

On Monday, the New York State Democratic Task Force on Criminal Justice
Reform held a hearing, at which I testified, on finding solutions to many
problems in the criminal justice system. One of the most widely discussed
issues was the harsh Rockefeller drug laws, which require minimum mandatory
sentences for drug possession.

Under current federal and New York state law, a single conviction of
possessing 5 grams of crack cocaine results in a mandatory five-year prison
sentence. For someone using powder cocaine to be subject to the same
penalty, he would have to be convicted of possessing 500 grams.

The result is that whites, particularly those living in affluent suburbs
where drug busts are less common and who use powder cocaine as their drug
of choice, are often given probation. Whereas minorities who live in urban
areas, where crack cocaine is less expensive and more common, are sent to
prison for the mandatory minimum.

Several years ago, it became apparent that we needed to find a way to
correct the injustices caused by the Rockefeller drug laws and to reduce
the high recidivism rates among drug offenders.

Most experts believe that these recidivism rates can be reduced if the
ex-offenders have families helping them to stay off drugs. But ex-offenders
often find it exceedingly difficult to have a family because they can't get
jobs needed to support that family after their release from prison.

The major reason they can't get work is their criminal record. Clearly, we
need a program that enables nonviolent drug offenders to have their
criminal records sealed for certain purposes. The goal is reducing
recidivism rates, saving lives and benefitting society. That is the Second
Chance program, and here is how it works: After people convicted of no more
than two nonviolent drug-related felonies and misdemeanors have served
their time and fulfilled the program requirements-completing drug and
alcohol treatment and testing, obtaining a GED, doing at least a year of
public service, staying crime free and securing employment-they may apply
to the Second Chance Commission to have their criminal records sealed five
years after leaving prison. If the commission grants their request,
whenever they are asked if they have been convicted of a crime (on a job
application, for example), they would be able to lawfully respond no.

Law enforcement officials in New York State estimate about 140,000 people
are eligible for the Second Chance program. New York is not alone. Based on
the U.S. Department of Justice's estimate that 600,000 inmates, many of
whom are nonviolent drug offenders, are scheduled to be released from
prison this year, millions would be eligible for this program nationwide.
The appalling statistic that one out of three black men between the ages of
20 and 29 is either in prison, on probation or on parole, comes to mind.

The current situation and recidivism rates must be dealt with. It is
remarkable that there are no post-conviction programs that attempt to do so.

There is no danger to society in going forward with the Second Chance
program because the criminal records are not sealed for law enforcement
purposes. For example, if participants in the Second Chance program ever
commit another crime, then their entire records remain available to law
enforcement officials and the courts and they would be sentenced
accordingly. In addition, criminal records remain available for those
seeking gun permits or jobs in law enforcement.

Legislation to create the program is pending in the New York state
Legislature. In June, it passed in the Assembly by a vote of 78 to 68.
Because it was not voted on in the state Senate, the bill will have to go
through both houses again next year. In the Assembly, the legislation is
sponsored by Assemb. Jeffrion Aubry (D-East Elmhurst) and in the Senate by
Sen. Dale Volker (R-Depew). A federal version that would apply to
nonviolent drug offenders is sponsored by Rep. Charles Rangel
(D-Manhattan). The Second Chance program is an idea whose time has come.