Pubdate: Mon, 21 Jul 2003
Source: Leader-Herald, The (NY)
Copyright: 2003 - The Leader Herald
Contact:  http://www.leaderherald.com/
Details: http://www.mapinc.org/media/2276
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)
Bookmark: http://www.mapinc.org/people/Gov+Pataki (Governor Pataki)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

TIME TO CHANGE OLD DRUG LAWS

The so-called Rockefeller-era drug laws, which require long prison 
sentences for possession and sale of small amounts of narcotics in New York 
state, have done little good. The laws fail to provide drug users with 
proper rehabilitation, which is what they need, and the laws clog the court 
and prison systems with defendants.

Reformation of the drug laws is long overdue. Last week, Gov. George Pataki 
proposed a reasonable overhaul of the Rockefeller drug laws. Hopefully, the 
Republicans and Democrats can set aside political bickering and reach an 
agreement on the changes.

If Pataki's proposal were to become law, hundreds of nonviolent offenders 
would be released from prison and thousands of others would have their 
sentences reduced, the Republican governor says. The proposal would offer 
retroactive relief for nonviolent offenders in prison and toughen penalties 
for "violent and predatory drug dealers," according to a statement from Pataki.

The proposal, which would change the sentencing structure, would toughen 
penalties for dealers who use guns, sell drugs to children or use the 
Internet to sell drugs. We applaud this part of the proposal because law 
enforcement and the courts should target the violent, ruthless dealers. 
These offenders deserve no mercy.

Nonviolent drug offenders, however, often struggle with addictions, harming 
no one but themselves. They deserve treatment, not stiff prison terms.

Under Pataki's proposal, first-time felons could receive nearly a 50 
percent reduction in sentencing. The proposal also would make all 
nonviolent felons eligible for a reduction in prison time through lower 
sentences and credit for good behavior in prison.

Assembly Speaker Sheldon Silver expressed concerns about the proposal.

Among them, he said the law should include a provision for drug 
rehabilitation instead of prison and should give judges greater discretion 
in sentencing.

The differences among the two sides appear minor. We see no legitimate 
reason why they can't work out a compromise without delay and adopt prudent 
legislation. 
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