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Instill fairness in drug laws
05-15-07|Poughkeepsie Journal

Former Gov. George Pataki tinkered around the edges to make sense of the state's outdated and, at times, unjust drug laws, but Gov. Eliot Spitzer must complete the job.

This would rectify mistakes made more than 30 years ago, when the so-called Rockefeller drug statutes were implemented.

Over time, an array of judges has criticized these laws, and even some of those instrumental in drafting the statutes have called for their repeal in places. They know thousands of inmates - especially first-time offenders with no history of violence - shouldn't be locked up for long periods of time when society would be served if these convicts had a chance to complete drug treatment programs. This would not only save taxpayers' money, it would give these offenders a better chance to recover and become productive members of society. While drug use must not be condoned, the penalties are, at times, completely out of whack, resulting in nonviolent offenders getting longer prison sentences than rapists and murderers in some cases.

It's true that, in 2004, state lawmakers approved changes to some of the most egregious aspects of the state's drug laws. They reduced the mandatory prison terms for people caught in the toughest of the statutes. In those cases, convicts were facing 15 to 25-years-to-life for some first-time offenses. Now those drug offenders can be sentenced to eight to 20 years.

But these sentencing reforms were incredibly narrow, resulting in the release of only 177 people, according to state Sen. Eric Schneiderman, D-Manhattan, one of many lawmakers advocating broader changes to the drug laws. At the same time, more people have been sent to state prison for nonviolent drug offenses - more than 6,000 last year, up from 5,657 in 2004, according to the Correctional Association of New York, a longtime proponent of rolling back some of the drug laws.

The state Assembly recently approved some good changes, including expanding drug treatment programs and, just as importantly, increasing judges' discretion in many cases. Justices should be able to take into account whether someone is a first-time or repeat offender in drug cases - and what, precisely, was the person's overall role in a drug transaction. The Rockefeller laws are so rigid they focus primarily on the weight of drugs and whether they are in someone's actual possession. Sometimes, low-level people in the drug trade, or even innocent family members and friends, get caught with drugs, while the kingpins avoid capture. While penalties should be loosened for first-time, nonviolent offenders, they should also be increased for these kingpins and those convicted of possessing a gun while selling or attempting to sell drugs.

The Assembly bill also would set up drug courts in every county; these courts have worked well in Dutchess and Ulster counties, where offenders have a chance to enter treatment programs. The New York Center for Court Innovation found those who attended drug courts were 29 percent less likely to commit new crimes; the number was significantly higher - 70 percent - for those graduating from drug court.

Cutting down on recidivism, getting more drug users to clean up their destructive habits and saving taxpayers' money along the way all are within reach with more-sensible drug laws. The state should pick up the pace of reform; the governor should be leading the call.

 

Tokamak

Gimme one f*ing reason why!

Peace.

__________________
"He who knows does not speak. He who speaks does not know."
- Lao Tzu, Tao Te Ching