DRUG LAWS NEED REFORMING NOW

First he said he would. Then it looked like he didn't. Now he's
closer to getting it right.

That could sum up the see-saw recommendations coming from Gov. George
Pataki, intended to loosen some of the strictest parts of the state's
Rockefeller drug laws.

The governor raised hopes early this year by saying the laws must be
scaled back. But once the details of his first proposal were
released, critics charged it didn't go far enough. They were right.

Specifically, too many nonviolent criminals would have been allowed
to linger in New York's overcrowded prisons at considerable cost to
taxpayers. That's because under the state's drug laws, too great an
emphasis has been placed on prison time rather than on drug treatment
programs. It's led to a prison explosion and has done nothing to win
the much-heralded ''war on drugs.''

Despite his rhetoric, Pataki's first attempt at amending the laws
would not have made things much better -- and, in fact, could have
made them worse. But now Pataki has proposed extending drug treatment
to certain second-time drug offenders -- as long as they don't have a
history of violence. If these defendants plead guilty, they will be
placed in a nine-month treatment program within the state prison
system, followed by six months in a residential treatment center and
supervision, once released. That's an important change because a vast
majority of prison-sentenced drug offenders -- 80 percent last year
- -- have had no violent felony convictions.

Keep Working Toward Consensus

The governor's office estimates 2,800 inmates entering the state
prison system each year would be eligible for the drug treatment
option under his new plan.

That's not bad, but state Chief Administrative Judge Jonathan Lippman
believes 10,000 nonviolent felons in New York could be diverted from
jails and prisons to treatment yearly. Moreover, Pataki is still
calling for more severe penalties for repeat marijuana dealers. These
offenses would be classified as a felony, not a misdemeanor as they
are now, and would lead to more prison time for those convicted.
That's unacceptable.

To be sure, not everyone is happy with the governor's latest
proposal. Reform groups like the Campaign for Effective Criminal
Justice say it still doesn't go far enough. The group says more
nonviolent offenders should qualify for drug treatment, and it wants
that treatment to occur at residential centers, not within a
prison-based program.

Conversely, the state District Attorneys Association is against any
changes that would take away the discretion of prosecutors. The
association does raise some legitimate concerns, pointing out that
crime has dropped overall, in part, because of the tough drug laws.
Any changes to the system will have to be accompanied by an in-depth
monitoring system to see what effect, if any, the revisions have on
crime in general.

But it is far better to give more discretion to judges to decide fair
sentences for drug offenders. Right now, in some cases, judges cannot
take into account whether any violence was committed by the offender.
They should be empowered to use all information available to them
about a defendant, as well as their own expertise, to impose fairer
sentences than are achieved through mandatory guidelines.

The Assembly Democrats have offered a plan that focuses more heavily
on drug treatment programs, rather than prison time. In the long run,
their proposal would be easier on taxpayers -- drug treatment can
cost less than $15,000 a year, incarceration twice that.

Meaningful legislation is being held hostage because of arguments
pertaining to the state budget. Meanwhile, thousands of nonviolent
drug offenders are being locked up in our prisons, though all sides
agree not all of them belong there.

It's disgraceful. State lawmakers need to begin working in earnest to
reform the drug laws.