NEW YORK DRUG LAWS

Albany Should Enact Reforms This Year

Reform of New York state's harsh drug laws has been a perennial topic
in Albany, and the debate resumed this year with proposals Wednesday
from Senate Democrats to modify the statutes.

The drug laws dating from the administration of New York Gov. Nelson
A. Rockefeller in the 1970s require mandatory sentences that limit
judicial discretion and alternatives to prison for some offenders.

There has been recognition for years that the laws need to be changed.
Gov. George E. Pataki, Republicans and Democrats in the assembly and
Senate have offered differing versions of reform but have failed to
reach a compromise.

On Wednesday state Sen. David A. Paterson, D-Manhattan, who is in the
minority in the senate, called for public hearings on reforms,
claiming that the state has the harshest sentencing options for
certain low-level drug sellers of any state.

In New York, a drug seller with a prior nonviolent felony conviction
would receive 4 1/2 years in prison. In contrast, 38 states provide
for probation together with drug treatment. The alternatives may be
more effective and save on prison costs by directing potential repeat
offenders into treatment programs, which would have to be accompanied
by expansion of programs to accommodate more offenders.

State Sen. Thomas Duane, D-Manhattan, said the state's"procedures are
completely, totally and utterly out of line."

Manhattan District Attorney Robert M. Morgenthau added his support to
changes, saying, "There are instances where imposition of the state
prison sentences mandated by current law for certain drug felonies can
be unnecessarily harsh."

District Attorneys have objected to a provision of the Senate
Democrats' proposal that would restrict their role in sentencing by
removing the veto power prosecutors have over directing offenders to
drug treatment. Though pre-sentencing reports, conferences and other
input from prosecutors, judges can be made aware of any factors that
may influence their decision to require treatment rather than prison
time, but the determination should be left to judges.

For years there have been broad agreement on the need for
changes.

The Senate Democrats have opened the debate.

The governor and Legislature should make this the year to enact
reforms and take the topic off Albany's agenda.

It's time to act.