THE ROCKEFELLER DRUG LAWS

New York, it can only be hoped, moved a step closer yesterday to
overhauling its antiquated Rockefeller-era drug laws, with Gov. George
Pataki unveiling a new proposal aimed at reducing sentences for
possession and sale of small amounts of narcotics, while at the same
time toughening sanctions against so-called drug kingpins.

When lawmakers return to work, likely in special session this fall,
they should finally turn these long-overdue measures into law.

Pataki, a Republican who long resisted reforms of the 1970s-era
sentencing laws and pressed for even stiffer sentences and the
abolishment of parole for some offenders, is well-suited politically
to usher this pending reform package toward reality, much as only a
hawkish President Nixon could go to China. The changes are hardly
"soft" on crime, as they still mete out punishment in generous doses.
New York's prisons wouldn't be any less hellish or
unforgiving.

Under the changes, hundreds of nonviolent offenders would be released
from prison, and thousands of others would have their sentences
reduced. All nonviolent drug offenders would see a dramatic reduction
in penalties. For example, Class A-1 nonviolent, first-time felons
could receive a 50 percent reduction in sentencing.

Moreover, virtually all nonviolent drug felons would be eligible for
retroactive relief. For example, about 90 percent of the current 550,
Class A-1 drug felons would be eligible for resentencing, according to
figures reported by The Associated Press. About 370 of these offenders
could be released immediately. Additionally, more nonviolent offenders
would be eligible to receive reduced sentences due to good behavior in
prison.

"We cannot afford to lose this historic opportunity to pass a bill
that would make an immediate difference to so many lives, as well as
protect our neighborhoods and children from drugs and violence,"
Pataki said.

The changes, the subject of celebrity lobbying earlier this summer,
when hip hop mogul Russell Simmons took up the cause and participated
in marathon negotiating sessions with state lawmakers and Pataki, are
in line with steps being taken by legislatures across the nation. The
action grows out of concern for rising prison costs, for sure, but is
also fueled by belief that mandatory sentencing laws of the 1980s and
1990s have done much to clog prison cells, but little to stem illegal
drug use and sales. Many experts believe that drug education and
changing demographics, and to a lesser extent drug treatment, have
made a dent in the drug trade where tough drug laws have not.

In fiscally challenged New York, the changes are expected to save
taxpayers millions of dollars. A similar package of reforms, bandied
about in the spring but hardly forgotten when the regular legislative
session ended, would have saved an estimated $19.6 million annually --
while restoring a measure of common sense and fairness to the state's
notion of crime and punishment.

It's time to move New York's drug laws into this century.