The Justice Department and a leading Senate Democrat appeared to take their first tentative steps Tuesday toward a possible compromise on legislation regarding sentencing for cocaine offenses.

At a hearing of the Senate Judiciary Crime and Drugs Subcommittee, Chairman Joseph R. Biden Jr., D-Del., signaled he was ready to negotiate with the Justice Department. Biden wants to reduce the sentencing disparity between crack and powder cocaine that Congress established in 1986; the Justice Department wants Congress to send President Bush a bill by March 3 narrowing a decision by the U.S. Sentencing Commission to apply a reduction in crack sentences retroactively.

The trigger for a five-year prison term is five grams of crack, whereas it takes 500 grams of powder. Biden, who helped write the 1986 law (PL 99-570) that established the disparate ratio, said, “I am part of the problem I have been trying to solve.” He has introduced a bill (S 1711) to eliminate the disparity.

Representing the Justice Department at the hearing was Gretchen C.F. Shappert, the U.S. attorney for the Western District of North Carolina. Shappert repeated what Attorney General Michael B. Mukasey told the House Judiciary Committee last week: If Congress does not act by March 3, the effective date of the Sentencing Commission action, the federal criminal justice system will be overwhelmed by hundreds of potentially violent inmates seeking early releases into communities where they could well commit new crimes.

The Justice Department wants Congress to restrict the Sentencing Commission’s decision to non-violent, first-time crack cocaine offenders. Shappert reiterated that the Justice Department is willing to discuss the disparity issue as well, but signaled that the administration would not agree to completely equalize crack and powder cocaine penalties. She said that crack cocaine offenders tend to be involved in more violent crimes and are more likely to commit new crimes after being released from prison, and “the law must reflect that difference.” She also said that any legislation addressing the crack/powder disparity should not be retroactive.

Biden said although he prefers to equalize crack and powder cocaine penalties, “I would rather get something good done than nothing at all.”