POLITICS STALLS DRUG REFORM

A spirited debate is taking place among academics, law enforcement
officials, judges, politicians and other concerned citizens about the
Rockefeller drug laws of 1973, the toughest such laws in the country.

Twenty-six years after their passage, it is clear that these draconian laws
neither reduced the use of hard drugs nor dried up the source of prison
fodder. Nevertheless, the laws continue to impose minimum sentences of 15
years on people convicted of selling or possessing relatively small amounts
of drugs.

There are more than 22,300 people in New York prisons for drug offenses.
This represents about one-third of the state's prison population. Of those
sentenced for drug offenses, 48.7% are black and 45% are Hispanic. Whites
are only 4.9%. The statistics show that minority communities suffer
disproportionately under the Rockefeller laws.

The annual cost of keeping someone incarcerated is $32,000. The human cost
is far greater. Families are broken. Children grow up fatherless. Many of
those who are released find it difficult to get married or start a family
because their status as convicted felons deprives them of many employment
opportunities.

In February, Chief Judge Judith Kaye proposed giving appellate courts the
power to review sentences of some of those incarcerated under the
Rockefeller drug laws. If the court determined there was a miscarriage of
justice, it could reduce a sentence to a term of five years to life. Her
proposal also would permit drug treatment and programs to divert nonviolent
drug offenders from prison.

Last month, Gov. Pataki announced a proposal even more modest than Kaye's.
In response, Laurance Rockefeller wrote: "In view of what was known 26 years
ago, my brother Nelson, as governor, did indeed advocate harsh laws.
However, I believe that in light of current knowledge, my brother, who was
both a realistic and humane leader, would today be open to a thoughtful
review of the drug policy issue."

Many conservatives who once supported the lock'em-up-and-throw-away-the-key
approach also have changed their minds and urge reform.

What's the holdup? Well, it looks as if the dog in the manger is Assembly
Speaker Sheldon Silver. His press secretary said last week: "Given the
current political climate.[Silver] has almost unequivocally ruled out doing
anything on the issue, and certainly nothing on the governor's proposal."

Apparently, Silver believes that keeping the drug law status quo is
important to preserving the Democratic Assembly majority in the next
election. This is the same brilliant thinking that led Silver to betray New
York City on the commuter tax.

These games are outrageous and immoral. Silver believes Democrats will
increase their Assembly majority if they are perceived as tougher on drugs
than the governor is.

Does Silver really believe offering up the soul of the Democratic Party to
increase his Assembly majority is worth unfairly imprisoning thousands of
people — many of whom are members of minority communities and already
subject to racial and ethnic prejudices?

Silver would serve justice if he held a conference, listened to all the
competing views and supported the proposal with the best chance of passage.

At the very least, everyone can agree that those who have been oversentenced
should be given some relief now.