WEAK DRUG LAW REFORMS

Far from reforming New York's rigid drug laws, Gov. George Pataki now says
he is willing only to consider very modest changes.

Shortly after taking office, Mr. Pataki let it be known that he
thought the laws enacted under Gov. Nelson Rockefeller in 1973 were
filling up costly prison space with nonviolent drug offenders who
might be handled better by drug treatment.

But his new stance indicates that he is not willing to lead on this
issue. Instead, his position seems a calculated effort to head off
demands for a complete overhaul.

Although Mr. Pataki has not offered details, he seems to be moving in
the direction proposed by New York State's Chief Judge, Judith Kaye.
But her recommendations are too limited to cure the unjust sentencing
structure.

A bill introduced by Assemblyman Jeffrion Aubry, by contrast, would
repeal mandatory sentences and restore discretion to judges in
punishing drug offenders. The Rockefeller drug laws require that
anyone convicted of selling more than two ounces or possessing more
than four ounces of cocaine, heroin or other controlled substances be
sentenced to a minimum of 15 years in prison.

They make no distinction between a drug kingpin and a low-level
junkie.

As a result, many first-time drug offenders end up serving longer
prison terms than people convicted of violent crimes like armed
robbery and rape. Another Rockefeller-era law greatly increases
sentences for second offenses, putting thousands of small-time drug
offenders behind bars for years. The lengthy sentences have done
little to curb drug trafficking, but have helped fill the prisons.

New York has about 70,000 prison inmates, and more than 22,000 of them
are incarcerated for drug offenses.

Many could be rehabilitated with drug treatment for far less than the
$30,000 a year required to keep an inmate locked up.

Judge Kaye recommends allowing appellate courts to reduce the 15-year
minimum sentence to 5 years if the court finds the higher sentence
would be a "miscarriage of justice." That change does not go far enough.

It fails to restore sentencing discretion to trial
judges.

Judge Kaye also proposes that trial courts be authorized, with a
prosecutor's consent, to defer prosecution of low-level nonviolent
drug offenders if they agree to undergo drug treatment.

That may help reduce some of the waste and injustice.

But true reform requires creating new laws that allow for more
judicial discretion and a greater sense of proportionality to the
punishments.