DETOX NEW YORK'S HARSH DRUG LAWS

Gov. Pataki has proven that he's serious about reforming New York's
outdated and draconian Rockefeller drug laws. Now it's up to the state
Senate and Assembly to follow suit.

Pataki sought changes last year, but the Legislature refused to act. He
introduced another bill in January. The Assembly said the proposal denied
judges adequate discretion in sentencing nonviolent offenders. The Senate
wanted to give prosecutors the ability to request tougher sentences where
appropriate. This week, the governor offered a compromise that ought to
please all factions.

Under his innovative approach, addicts who plead guilty and meet certain
criteria - namely, that they are users in need of help, not big-time
pushers trying to make a fast buck - may ask judges to send them to drug
treatment programs. Drug kingpins would not be eligible, and prosecutors
could appeal judges' decisions they believed too lenient. Prosecutors and
defendants also could ask that cases go to judges with substantial
experience in handling drug cases.

By striking a balance between judges and prosecutors, the state could
continue sending hardened criminals to prison while giving a second chance
to nonviolent drug users who could benefit from treatment programs.

If this plan becomes law, each year an estimated 2,800 addicts and
low-level dealers could plead guilty to minor felonies and serve nine
months in prison-based drug treatment, followed by six months in a
supervised residential program. There would be an additional six months of
outpatient treatment.

While this would require millions in rehabilitation costs in the short
term, the price would be offset in the long run by lowering both the prison
population and recidivism. A 1997 Rand Corp. study found that treatment is
15 times more effective than mandatory minimum sentences in reducing
serious crime committed by drug offenders. Successful rehab also increases
their ability to hold a job.

When the Rockefeller laws were enacted in 1973, there were approximately
12,000 inmates in state prisons. The harsh mandatory penalties for
possessing even small amounts of drugs helped swell that population to
about 70,000 today.

State Senate Majority Leader Joe Bruno and Assembly Speaker Sheldon Silver
say they support reforming the laws, but the issue does not yet seem to be
a priority in either chamber. That ought to change, now that Pataki has
charted a sensible middle course.