UNFINISHED BUSINESS

The 34th anniversary of the Rockefeller drug laws passed this month
without fanfare.

Yet the more than 15,000 mostly African-American and Hispanic
offenders incarcerated under some of the harshest drug laws in the
land would surely have liked someone to notice. Too many non-violent
drug offenders remain imprisoned under laws that in some cases
require stiffer penalties for possessing small amounts of cocaine
than for committing rape or manslaughter.

And although almost every political leader, past and present
(including those who drafted the lock-em-up-and-throw-away-the-key
statutes in 1973), believes the laws are archaic, the momentum for
change seems to have slowed considerably. Three years ago, the Drop
the Rock campaign by celebrities such as hip-hop mogul Russell
Simmons, and other efforts from lawmakers and advocacy groups like
the Drug Policy Alliance, brought some changes, but they didn't go far enough.

Under the reforms, which were further amended in 2005, some drug
offenders with Class I and II felonies could apply for resentencing,
which could make them eligible for release. Some sentence times were
shortened. But many non-violent drug offenders did not benefit from
the changes, and Gov. Pataki and legislative leaders agreed that the
reforms were only a first step.

The Assembly seems motivated to continue the work. Last month, it
passed more reforms, including the much-needed provision that gives
judges discretion in sentencing, which would allow them to send
non-violent offenders to drug treatment programs, where many belong.
The Assembly plan also lengthens sentences for drug kingpins.

But the Senate, which had resisted drug law changes for so long, has
not moved on the issue. Some critics have suggested the Senate
doesn't want to change the laws because Upstate communities would
lose some of their prison populations, which are included in Census
counts. Communities with lower Census counts could face redistricting.

It is doubtful that senators are that callous or calculating. But
whatever their reasons, they have not been pushing the reforms.

The Senate and Gov. Eliot Spitzer, who has backed drug law reform,
need to re-engage in this effort. It would also be nice to hear
Attorney General Andrew Cuomo's voice on this issue; he has a history
of fighting for the cause.

Next year, there should be no 35th anniversary commemoration of drug
laws that have punished some non-violent offenders more than child
rapists and killers.