MR. PATAKI'S PALLID DRUG REFORMS

Gov. George Pataki's proposed changes to New York State's rigid
drug laws are utterly inadequate. Instead of overhauling the drug statutes
that have filled state prisons with nonviolent drug offenders at a cost of
hundreds of millions a year, he has proposed some tinkering that would allow
very modest relief to a small number of felons who have received sentences
that are out of proportion to their crimes.

Mr. Pataki seems to believe that this minor change will persuade
Democrats who want drug-law reform to support his plan to eliminate
parole for all felons. Last year the state ended parole for all
violent felons, replacing parole board discretion on the time of a
prisoner's release with a sentencing structure in which convicts are
given a fixed prison term. Now Mr. Pataki is pushing to end parole for
people convicted of nonviolent felonies.

The administration says the intent is not to lengthen sentences but to
inject more certainty into sentencing. The parole issue deserves
legislative debate. But it should not stand in the way of reforming
the drug-sentencing laws now.

Under the drug laws, which date to the Rockefeller era, first-time
offenders convicted of selling more than two ounces or possessing more
than four ounces of cocaine, heroin or other controlled substances
must be sentenced to a minimum of 15 years.

Another Rockefeller-era law greatly increases time for second-time
offenders.

Currently, more than 22,000 people -- roughly a third of the total
prison population -- are incarcerated for drug offenses.

Most are low-level users who could be rehabilitated more cheaply
through treatment.

The Governor's drug-law proposal, however, would not do away with this
wasteful system.

He would only allow appellate judges to reduce the minimum 15-year
sentence to 10 years in isolated cases involving first-time offenders
convicted of possessing more than four ounces of a narcotic.

That would apply to very few people, perhaps 250 offenders, and would
not restore proportionality to most drug sentences.

His plan would also allow some low-level drug-addicted offenders, with
a prosecutor's consent, to avoid prosecution if they successfully
complete a treatment program.

That is a positive step. But it fails to revamp the drug laws in a
comprehensive way.