From: Jim Rosenfield <[j n r] at [igc.apc.org]> Newsgroups: talk.politics.drugs Subject: Unclogging NY Prisons Date: Tue, 31 Jan 1995 15:00:40 -0800 (PST) From: Jim Rosenfield New York Times Jan.31, 1993 OPINION PAGE Unclogging the State Prisons In a breakthrough for common sense, Gov. George Pataki has persuaded Republican legislative leaders to consider changing at least some of the sentencing rules that have clogged New York State prisons with nonviolent drug addicts who might be better served by drug treatment and other cheaper alternatives to incarceration. The changes will target the so-called second-felony-offender law passed in 1973, under which sentences rise sharply for anyone convicted of two felonies within 10 years. That law mandates stiff prison terms for hoards of young, low-level drug users and dealers who are caught twice. The law is a big factor in the extravagant misuse of expensive prison resources to house an expanding population of nonviolent drug offenders. In 1982, 11 percent of the new commitments to state prison were for drug offenses and 63 percent for violent offenses like murder, manslaughter, rape, assault or robbery. By 1993 new commitments for drugs had rocketed to 44 percent while new inmates deemed violent had dropped to 35 percent. During this period, the number of state prison cells expanded from 23,000 to 65,000. In his final year in office Governor Pataki's predecessor, Mario Cuomo, tried to persuade the Republican Senate to amend the second-felony law, only to be labeled "soft on crime." The fact that the Senate finally seems willing to consider similar changes for Mr. Pataki, a Republican, speaks well of their new majority leader, Joseph Bruno. The precise details of Mr. Pataki's proposal remain sketchy. But he favors giving judges the option to sentence nonviolent second offenders like drug users and low-level street sellers to drug rehabilitation, community service, job training or house arrest using electronic monitors. The goal is to free cell space for violent felons who will no longer be eligible for work-release under an executive order signed by Mr. Pataki or who will serve longer time if his initiative to end parole for violent felons is approved. It has been clear for years that locking up large numbers of nonviolent drug offenders does not stop the drug trade. Governor Pataki deserves credit for pushing a potentially more humane and less expensive approach. Much now depends on whether he comes up with sufficient money to provide quality drug treatment and strengthen programs like intensive probation that hold offenders accountable.