Pubdate: Wed, 16 Jul 2003 Source: Journal News, The (NY) Copyright: 2003 The Gannett Company, Inc. Contact: http://www.nyjournalnews.com/ Details: http://www.mapinc.org/media/1205 Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws) THE ROCKEFELLER DRUG LAWS New York, it can only be hoped, moved a step closer yesterday to overhauling its antiquated Rockefeller-era drug laws, with Gov. George Pataki unveiling a new proposal aimed at reducing sentences for possession and sale of small amounts of narcotics, while at the same time toughening sanctions against so-called drug kingpins. When lawmakers return to work, likely in special session this fall, they should finally turn these long-overdue measures into law. Pataki, a Republican who long resisted reforms of the 1970s-era sentencing laws and pressed for even stiffer sentences and the abolishment of parole for some offenders, is well-suited politically to usher this pending reform package toward reality, much as only a hawkish President Nixon could go to China. The changes are hardly "soft" on crime, as they still mete out punishment in generous doses. New York's prisons wouldn't be any less hellish or unforgiving. Under the changes, hundreds of nonviolent offenders would be released from prison, and thousands of others would have their sentences reduced. All nonviolent drug offenders would see a dramatic reduction in penalties. For example, Class A-1 nonviolent, first-time felons could receive a 50 percent reduction in sentencing. Moreover, virtually all nonviolent drug felons would be eligible for retroactive relief. For example, about 90 percent of the current 550, Class A-1 drug felons would be eligible for resentencing, according to figures reported by The Associated Press. About 370 of these offenders could be released immediately. Additionally, more nonviolent offenders would be eligible to receive reduced sentences due to good behavior in prison. "We cannot afford to lose this historic opportunity to pass a bill that would make an immediate difference to so many lives, as well as protect our neighborhoods and children from drugs and violence," Pataki said. The changes, the subject of celebrity lobbying earlier this summer, when hip hop mogul Russell Simmons took up the cause and participated in marathon negotiating sessions with state lawmakers and Pataki, are in line with steps being taken by legislatures across the nation. The action grows out of concern for rising prison costs, for sure, but is also fueled by belief that mandatory sentencing laws of the 1980s and 1990s have done much to clog prison cells, but little to stem illegal drug use and sales. Many experts believe that drug education and changing demographics, and to a lesser extent drug treatment, have made a dent in the drug trade where tough drug laws have not. In fiscally challenged New York, the changes are expected to save taxpayers millions of dollars. A similar package of reforms, bandied about in the spring but hardly forgotten when the regular legislative session ended, would have saved an estimated $19.6 million annually -- while restoring a measure of common sense and fairness to the state's notion of crime and punishment. It's time to move New York's drug laws into this century. - --- MAP posted-by: Richard Lake