Source: Times Union (NY)
Copyright: 1999, Capital Newspapers Division of The Hearst Corporation
Contact: tuletters@timesunion.com
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Author: Editorial

DRUG LAW REFORM: NOW

Gov. Pataki's welcome proposal to ease the harsh Rockefeller statutes
shouldn't have a quid pro quo

Gov. Pataki's anticipated proposal to reform New York's Draconian
Rockefeller drug laws represents the first step in what could become a
major achievement of this legislative session. But it will require
more than this proposal to achieve that goal. A genuine display of
bipartisan cooperation also will be necessary, along with a more
pragmatic approach by the governor.

When it comes to drug law reform, however, there's no excuse for
further delay or partisanship. For too long, the Rockefeller statutes
have been justly criticized as failures in curbing drug crime.
Instead, they have fallen disproportionately on low-level offenders,
while leaving drug king pins unscathed. As a result, New York state
prisons have large populations of drug offenders who are serving
harsher sentences than those imposed for violent crimes. But the
numbers can be deceiving to the uninformed. At present, only 600
inmates are serving the harshest drug sentences. However, a staggering
22,000 are in prison for drug offenses in general, with many serving
maximum sentences of at least five years.

Mr. Pataki's plan combines portions of proposals put forth earlier by
the state's chief judge, Judith Kaye, and state Sen. Dale Volker. The
governor's plan skillfully interweaves the best of both of those
blueprints and arrives at a balanced approach to drug crime in
general. Not only would it provide for leniency in sentencing drug
functionaries known as "mules,'' but it also would target major
dealers by holding them liable for A-level felonies if they can be
linked to a drug sale that they did not personally transact.

Regrettably, the governor intends to tie strings to his proposal. In
exchange for his support for drug law reform, he wants lawmakers to
approve his plan to end parole and impose fixed sentences for all
felonies. That would eliminate judicial discretion at the time of
sentencing and later, in prison, when the parole board assesses an
inmate's suitability for early release.

Determinate sentencing appeals to critics of the present system, who
note, correctly, that convicted criminals often serve different
sentences for the same offenses. By eliminating parole, they argue,
these inmates would be required to serve their full sentences, thereby
ending the arbitrary disparities of the current system.

Ironically, that argument is turned on its head by the Rockefeller
drug laws now on the books. They are the ultimate in fixed sentences,
leaving no discretion to judges to tailor punishment to fit varying
circumstances surrounding a crime. A rigid system of fixed sentences
for all felonies would have a similar impact.

Gov. Pataki's proposed drug law reform would reintroduce some judicial
discretion into an otherwise inflexible sentencing guidelines. Now he
needs to recognize that a rigid system of fixed sentences would have
the same potential for miscarriages of justice, and should be avoided.