Pubdate: Thursday, April 22, 1999 Source: Times Union (NY) Copyright: 1999, Capital Newspapers Division of The Hearst Corporation Contact: Box 15000, Albany, NY 12212 Feedback: http://www.timesunion.com/react/ Website: http://www.timesunion.com/ Forum: http://www.timesunion.com/react/forums/ STATES DRUG LAWS NEVER ACHIEVED INTENDED GOAL Re: "Drug laws under review'' (April 9): It is true, as the State District Attorneys Association points out, that in 1997 only 60 drug offenders were sentenced to the harshest prison terms, a maximum sentence of life. However, there are now over 600 people in prison serving these draconian sentences -- a small number of whom actually deserve such long sentences. Yet, after trial, judges have no choice but to impose these sentences under our mandatory imprisonment laws. If convicted, the same offender who may have been offered a pretrial plea requiring a minimum of three years in prison, now faces a minimum of at least 15 years in prison. Something is very wrong with a justice system where a district attorney indicates that three years is enough prison time for an offender today, but where a 15-year sentence must be served if that same person chooses to go to trial and is convicted. The convicted offender's criminal background, the role played in the transaction, or life circumstances cannot even be considered, since the trial judge has no choice but to impose that sentence. It is not just those who sell or possess the most drugs who must serve long prison sentences. In fact, there are now over 22,000 inmates locked up in New York state prisons for drug crimes, many serving maximum sentences of at least five years, far too long for the minor role that the vast majority play in the drug trade and who are readily replaced. So many of these offenders are drug addicts who would benefit far more by a mandatory residential drug treatment program. Society would benefit too by reduced recidivism and costs well below the $30,000 a year that taxpayers spend to keep thousands of nonviolent drug offenders locked up. Until the drug laws are reformed to give judges the option, after consultation with the district attorney, to impose alternative sanctions, including drug treatment, New York state will continue on its failed drug law course. As a supporter of these drug laws when they were enacted 26 years ago, I can safely say that the sad reality is that they have not achieved their goal -- to drive the drug dealers from our streets. New York state can no longer afford to unnecessarily send thousands of low-level drug offenders to prison. Our drug laws must be significantly reformed now. JOHN R. DUNNE Albany The writer is former assistant attorney general under President Bush and now heads the Campaign for Effective Criminal Justice - --- MAP posted-by: Derek Rea