THE HIGH COST OF CRIME

More states are reforming mandatory minimum sentencing laws, and so should
New York

Ever since the 1980s, getting tough on crime has been a popular slogan with
politicians, as one candidate after another promised to lock up criminals
and throw away the key. And the appeal worked.

Voters turned out in large numbers to approve "three strikes" laws that
mandated life in prison for anyone convicted of three felonies -- even if,
as in California, the third offense was only stealing a slice of pizza.

In New York City, then-Mayor Rudolph Giuliani boasted of turning the tide on
crime by cracking down on even minor infractions.

But that was then. As The New York Times reported last week, now is another
story. With nearly every state facing a budget deficit, and many of the
country's larger cities in even more dire fiscal straits, the bill is coming
due. With rising jail populations sapping their treasuries, one state after
another is reforming strict mandatory sentencing laws and searching for
alternatives to prison. And parole, which was once the favorite whipping boy
of politicians, is now seen as the best way to return many nonviolent
offenders back to society. States like Washington, Michigan and Colorado are
reforming punitive statutes in favor of early release for select prisoners.

Kansas has passed a law requiring treatment for first-time drug offenders
instead of prison.

All this should be a wake-up call for Gov. George Pataki and state
lawmakers. While New York never enacted a "three strikes" law, the
Rockefeller Drug Laws set the tone for that trend nearly 30 years ago by
mandating harsh prison sentences for anyone convicted of possessing or
selling even small amounts of drugs. And as the trend spread, prison
populations swelled and taxpayers have been picking up the tab ever since.

New York's statutes were intended to get drugs off the street by locking up
kingpin pushers.

But it didn't work out that way. Instead, drug lords escaped arrest by using
low-level intermediaries known as runners to carry out their transactions.
Meanwhile, those who were arrested sometimes faced 15 years to life in
prison.

In an encouraging development, many states are taking a long hard look at
mandatory laws. For example, Michigan has repealed its mandatory minimum
drug sentencing laws to save $41 million a year. Yet reform of the
Rockefeller Drug Laws remains elusive.

That's unacceptable.

True, there has been some progress.

This year, for example, the state Legislature approved programs that enable
nonviolent offenders to become eligible for parole without first going
before the parole board.

And drug offenders who are serving some of the harshest prison terms will
now be able to reduce their sentences by as much as one-third, provided they
remain model prisoners who take part in education or other programs.

While these are only the first steps toward reform, they are hardly
negligible. No doubt the lawmakers and Mr. Pataki preferred to approve them
without much fanfare out of fear they might be called soft on crime. But
it's time for a reality check.

The Rockefeller Drug Laws have failed to serve their purpose or justice, and
the high cost of crowded prisons is indefensible. When the lawmakers return
to Albany next year, they must make reform -- genuine reform -- a priority.