REFORM OF ROCKEFELLER DRUG LAWS LONG OVERDUE

The Supreme Court rulings on federal sentencing affirms an important
principle: The authority to impose a criminal sentence ultimately
lies with the judge.

It is time for the state Legislature to embrace this principle and
restore judicial discretion to judges in cases involving drug
offenses. Intended to target major drug traffickers, New York's
Rockefeller Drug Laws have compelled judges to incarcerate low-level,
nonviolent drug users.

Perhaps more disturbing is the impact these laws are having on
communities of color: Blacks and Hispanics comprise more than 90
percent of those currently incarcerated for drug felonies -- far out
of proportion to their actual involvement with drugs. The state's
harsh mandatory sentencing scheme has neither curbed drug use nor
enhanced public safety. Instead, it has destroyed thousands of lives
and wasted limited tax dollars.

Judges must have the authority to determine sentences on a
case-by-case basis and to consider treatment and rehabilitation as
alternatives to incarceration. Time is long past due for reform of
New York's draconian drug-sentencing laws.

DONNA LIEBERMAN NYCLU Executive Director

ROBERT PERRY NYCLU Legislative Director New York