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 <jnr>

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.