senate Bill S2516

Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Jan / 2011
    • REFERRED TO TRANSPORTATION
  • 04 / Jan / 2012
    • REFERRED TO TRANSPORTATION

Summary

Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition thereof shall be alcohol and controlled substance monitoring by the probation department; such monitoring shall be by means of the use of a secure continuous remote alcohol monitor.

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Bill Details

See Assembly Version of this Bill:
A3997
Versions:
S2516
Legislative Cycle:
2011-2012
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §243, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
A8650, A8650

Sponsor Memo

BILL NUMBER:S2516

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the executive law, in relation
to the imposition of a sentence of alcohol and controlled substance
monitoring upon
conviction of an alcohol-related
offense

PURPOSE:
Provides that when a driving under the
influence of alcohol
offender is sentenced to probation, a condition shall be alcohol and
controlled substance monitoring.

SUMMARY OF PROVISIONS:
Section 1 adds subsections to the executive law
entitled the Sobriety Pilot Program which requires the use of a
Secure Continuous Remote Alcohol Monitor (SCRAM) System as a
condition of pre-trial release for those accused of DWI/DWAI and as a
condition of probation for those sentenced to probation.

JUSTIFICATION:
Currently, judges as part of probation, may require
certain persons convicted of driving while intoxicated or under the
influence of a controlled substance to use a chemical testing
interlocking device which prohibits the participant from using their
vehicle if the device registers the presence of a alcohol or a
controlled substance. This program has met with some success but
offenders have found creative ways to subvert these systems. On more
than one occasion, people have been arrested for driving while
intoxicated even with interlocking devices because another person has
breathed in the device for them. The Secure Continuous Remote Alcohol
Monitor (SCRAM) System, which involves an ankle bracelet that
monitors an offender's alcohol content, would offer an alternative to
the interlocking device program and act as a second line of testing
in the arsenal in managing particular criminals.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect
immediately, except that
section two of this act shall take effect on the first of January
next succeeding the date on which this act shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2516

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the  executive  law,  in
  relation  to  the  imposition  of a sentence of alcohol and controlled
  substance monitoring upon conviction of an alcohol-related offense

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 1193 of the vehicle and traffic law is amended by
adding a new subdivision 1-b to read as follows:
  1-B. ALCOHOL AND CONTROLLED SUBSTANCE MONITORING. (A) IN  ADDITION  TO
ANY  OTHER  SANCTIONS  PROVIDED  BY  THIS  SECTION, THE COURT SHALL UPON
CONVICTION OF A PERSON OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE
OF SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  ARTICLE,  OR  VEHICULAR
ASSAULT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL
LAW, OR VEHICULAR ASSAULT IN THE FIRST  DEGREE  AS  DEFINED  IN  SECTION
120.04  OF  THE PENAL LAW, OR AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN
SECTION 120.04-A OF THE PENAL LAW,  OR  VEHICULAR  MANSLAUGHTER  IN  THE
SECOND  DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, OR VEHICU-
LAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14
OF THE PENAL LAW, WHEN SUCH COURT SENTENCES SUCH PERSON TO A  PERIOD  OF
PROBATION,  MAKE  A  CONDITION OF SUCH PROBATION THE WEARING OF A SECURE
CONTINUOUS REMOTE ALCOHOL MONITOR FOR THE DETECTION OF THE USE OF  ALCO-
HOL  OR A CONTROLLED SUBSTANCE BY THE SENTENCED PERSON; PROVIDED, HOWEV-
ER, SUCH COURT SHALL NOT AUTHORIZE THE OPERATION OF A MOTOR  VEHICLE  BY
ANY  SUCH  PERSON  WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE
HAS BEEN SUSPENDED OR REVOKED.
  (B) A COURT SHALL CONDITION ANY BOND OR PRE-TRIAL RELEASE FOR A CHARGE
OF ANY OF THE OFFENSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION  UPON
THE  WEARING  OF  A  SECURE  CONTINUOUS  REMOTE ALCOHOL MONITOR, AND THE
PAYMENT OF THE ASSOCIATED COSTS AND  EXPENSES.  FURTHERMORE,  THE  COURT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05781-01-1

S. 2516                             2

SHALL  CONDITION  THE  SUSPENDED  IMPOSITION  OF  SENTENCE  OR SUSPENDED
EXECUTION OF SENTENCE UPON SUCH WEARING, AND THE PAYMENT OF THE  ASSOCI-
ATED  COSTS  AND  EXPENSES.  A COURT MAY WAIVE A FINE OR BOND IN LIEU OF
PARTICIPATION  IN THE ALCOHOL AND CONTROLLED SUBSTANCE MONITORING ESTAB-
LISHED PURSUANT TO THIS SUBDIVISION. IN ADDITION, A COURT MAY WAIVE  THE
PAYMENT  OF  THE  ASSOCIATED  COST AND EXPENSE OF SUCH PROGRAM WHERE THE
PROBATIONER OR DEFENDANT MEETS THE ELIGIBILITY REQUIREMENTS FOR A PUBLIC
DEFENDER.
  (C) THE FAILURE OF ANY PERSON TO COMPLY WITH THE REQUIREMENTS  OF  THE
ALCOHOL  AND CONTROLLED SUBSTANCE MONITORING PROGRAM SHALL RESULT IN THE
ISSUANCE OF A REVOCATION ORDER. NO PROVISION OF THIS  SUBDIVISION  SHALL
AUTHORIZE  A  COURT  TO SENTENCE ANY PERSON TO A PERIOD OF PROBATION FOR
SUBJECTING HIM OR HER TO THE PROGRAM ESTABLISHED  BY  THIS  SUBDIVISION,
UNLESS SUCH PERSON WOULD OTHERWISE HAVE BEEN ELIGIBLE TO BE SENTENCED TO
PROBATION.
  (D)  EVERY PERSON SENTENCED PURSUANT TO THIS SUBDIVISION SHALL PROVIDE
PROOF OF COMPLIANCE TO THE SENTENCING COURT IN SUCH MANNER AND  AT  SUCH
TIMES AS THE COURT SHALL REQUIRE.
  (E)  ALL  COSTS  AND  EXPENSES  COLLECTED PURSUANT TO THIS SUBDIVISION
SHALL BE PAID IN THE TREASURY OF THE COUNTY OR CITY  OF  NEW  YORK,  THE
PROCEEDS  OF  WHICH  SHALL  BE  USED SOLELY FOR THE PURPOSE OF DEFRAYING
RECURRING  COSTS  INCLUDING  MAINTAINING  EQUIPMENT,   FUNDING   SUPPORT
SERVICES AND ENSURING COMPLIANCE.
  S  2.  Section  243  of  the  executive law is amended by adding a new
subdivision 5 to read as follows:
  5. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE  ADMIN-
ISTRATION  OF  ALCOHOL  AND  CONTROLLED SUBSTANCE MONITORING PURSUANT TO
SUBDIVISION ONE-B OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE  VEHICLE
AND TRAFFIC LAW. SUCH RULES AND REGULATIONS SHALL:
  (A)  PROVIDE  FOR  PROCEDURES AND APPARATUS FOR TESTING THE ELECTRONIC
MONITORING DEVICES;
  (B) SET PARTICIPATION AND USER FEES, PROVIDED,  THAT  SUCH  USER  FEES
SHALL  NOT BE LESS THAN THE PRO RATA COST OF THE PURCHASE AND USE OF THE
SECURE CONTINUOUS REMOTE ALCOHOL MONITOR; AND
  (C) REQUIRE  THE  SUBMISSION  OF  REPORTS  AND  INFORMATION  BY  LOCAL
PROBATION DEPARTMENTS.
  S  3.  This act shall take effect immediately, except that section two
of this act shall take effect on the first of  January  next  succeeding
the date on which this act shall have become a law.

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