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DRUG LAW REFORM

Give Judges More Sentencing Authority

The state Legislature this week will begin discussing further reform of the draconian Rockefeller-era drug laws with proposals to give judges more discretion to consider alternatives to prison for some people convicted of drug crimes.

Reforms enacted in 2004 revised the harshest mandatory sentences under the strict laws enacted in 1973 when Nelson Rockefeller was governor by reducing the length of prison terms and increasing the amount of drugs that could lead to longer sentences.  But they left in place mandatory minimum sentences judges must impose.

The Assembly is expected to take up a proposal to allow more judicial discretion for possessing small amounts of drugs while allowing those serving prison terms for nonviolent drug offenses to have their sentences modified.  Gov.  David A.  Paterson, a longtime opponent of the laws, favors giving judges more leeway but his proposal does not address reviewing sentences for those now in prison.

Judicial discretion will allow judges to distinguish between violent and nonviolent drug offenders, between low-level users and drug couriers and then decide whether alternatives to incarceration, such as treatment and rehabilitation programs, would be more suitable than prison time.

And perhaps less costly by keeping out of prison those who should not be there in the first place at a time when Gov.  Paterson is looking to lower state costs through measures reducing the prison population.

As a state senator, the governor was arrested in 2002 during a demonstration opposing the drug laws.  Now he should have the opportunity to complete the overdue reform he sought then with legislative approval of a bill that gives judges the ability to weigh individual circumstances when deciding an appropriate sentence.