Senate Bill S547

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

                                   547

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN  ACT  to  amend  the  executive  law,  in relation to creating a 24/7
  sobriety pilot program; making an appropriation therefor; and  provid-
  ing for the repeal of such provisions upon expiration thereof

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

  Section 1. The executive law is amended by adding a new section 231 to
read as follows:
  S 231. 24/7 SOBRIETY PILOT PROGRAM. 1. THERE IS HEREBY  ESTABLISHED  A
"24/7 SOBRIETY" PILOT PROGRAM TO BE ADMINISTERED IN TEN COUNTIES IN THIS
STATE  AS  DETERMINED  BY THE SUPERINTENDENT. THIS PROGRAM SHALL PROVIDE
FOR EITHER TWICE-DAILY CHEMICAL TESTING  OF  PARTICIPANTS  OR  A  SECURE
CONTINUOUS REMOTE ALCOHOL MONITOR (SCRAM) SYSTEM FOR THOSE WHO HAVE BEEN
CONVICTED  OF CERTAIN OFFENSES THAT INVOLVE DRIVING WHILE INTOXICATED OR
UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES.
  2. THE SUPERINTENDENT SHALL DEVELOP AN APPLICATION PROCESS FOR PARTIC-
IPATION BY UP TO TEN COUNTIES IN THIS STATE.  A  COUNTY  MAY  APPLY  FOR
PARTICIPATION  THROUGH ITS COUNTY SHERIFF'S OFFICE. A COUNTY SHERIFF MAY
DESIGNATE AN ALTERNATE ENTITY TO PROVIDE THE SERVICES  REQUIRED  BY  THE
PROGRAM.  THE SUPERINTENDENT SHALL MAKE GRANTS FROM AMOUNTS APPROPRIATED
THEREFOR TO A PARTICIPATING  COUNTY  TO  OFFSET  COSTS  ASSOCIATED  WITH
PARTICIPATION INCLUDING EQUIPMENT, STAFFING AND ADMINISTRATION.
  3.  A  COURT  WITH  JURISDICTION IN A PARTICIPATING COUNTY MAY REQUIRE
THAT ANY PERSON WHO HAS BEEN CONVICTED OF A SECOND VIOLATION OF SUBDIVI-
SION TWO, TWO-A OR THREE OF SECTION ELEVEN  HUNDRED  NINETY-TWO  OF  THE
VEHICLE  AND  TRAFFIC  LAW,  OR ANY CRIME DEFINED BY SUCH CHAPTER OR THE
PENAL LAW OF WHICH AN ALCOHOL-RELATED  VIOLATION  OF  ANY  PROVISION  OF
SECTION  ELEVEN  HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW IS AN
ESSENTIAL ELEMENT, WITHIN A FIVE YEAR PERIOD, AND WHO HAS BEEN SENTENCED

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

                                                           LBD02311-01-9

S. 547                              2

TO A PERIOD OF PROBATION, AS A CONDITION OF SUCH PROBATION, TO SUBMIT TO
TWICE DAILY CHEMICAL TESTING OR  BE  FITTED  WITH  A  SECURE  CONTINUOUS
REMOTE  ALCOHOL  MONITOR  (SCRAM) SYSTEM FOR THE DETECTION OF ALCOHOL OR
CONTROLLED  SUBSTANCES,  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
SECTION; PROVIDED, HOWEVER, THE COURT MAY NOT AUTHORIZE THE OPERATION OF
A MOTOR VEHICLE BY ANY PERSON WHOSE LICENSE OR PRIVILEGE  TO  OPERATE  A
MOTOR  VEHICLE  HAS BEEN REVOKED. IF TWICE A DAY TESTING IS ORDERED, THE
SHERIFF, OR DESIGNATED ENTITY, SHALL ESTABLISH THE TESTING LOCATIONS AND
TIMES FOR EACH COUNTY BUT SHALL HAVE AT LEAST  TWO  LOCATIONS  WITH  TWO
DAILY  TESTING  TIMES  APPROXIMATELY  TWELVE  HOURS  APART.  IF A SECURE
CONTINUOUS REMOTE ALCOHOL MONITOR (SCRAM) SYSTEM IS UTILIZED, THE  SHER-
IFF,  OR DESIGNATED ENTITY, SHALL ENSURE THE USERS COMPLIANCE BY RANDOM,
UNSCHEDULED HOME VISITS.
  4. THE COURT MAY CONDITION ANY BOND OR PRE-TRIAL RELEASE UPON  PARTIC-
IPATION  IN  THE  24/7  SOBRIETY PILOT PROGRAM AND PAYMENT OF ASSOCIATED
COSTS AND EXPENSES. THE COURT MAY CONDITION THE GRANTING OF A  SUSPENDED
IMPOSITION  OF  SENTENCE,  SUSPENDED EXECUTION OF SENTENCE, OR PROBATION
UPON PARTICIPATION IN THE 24/7 SOBRIETY PILOT  PROGRAM  AND  PAYMENT  OF
ASSOCIATED COSTS AND EXPENSES.  THE COURT MAY WAIVE BOND OR FINE IN LIEU
OF  PARTICIPATION IN THE 24/7 SOBRIETY PILOT PROGRAM. THE COURT MAY ALSO
WAIVE THE EXPENSE OF THIS PROGRAM IN CASES WHERE A DEFENDANT  OR  PROBA-
TIONER  MEETS  THE  REQUIREMENTS  FOR A PUBLIC DEFENDER.  THE FAILURE TO
COMPLY WITH THE REQUIREMENTS OF THIS PROGRAM MAY RESULT IN  THE  REVOCA-
TION  ORDER ISSUED BY THE COURT. NOTHING CONTAINED IN THIS SECTION SHALL
AUTHORIZE A COURT TO SENTENCE ANY PERSON TO A PERIOD  OF  PROBATION  FOR
THE PURPOSE OF SUBJECTING SUCH PERSON TO THE PROVISIONS OF THIS SECTION,
UNLESS SUCH PERSON WOULD HAVE OTHERWISE BEEN SO SENTENCED TO A PERIOD OF
PROBATION.
  5.  THE  SUPERINTENDENT SHALL PROMULGATE RULES AND REGULATIONS FOR THE
ADMINISTRATION OF THE 24/7 SOBRIETY PILOT PROGRAM TO:
  (A) REGULATE THE NATURE AND MANNER OF TESTING;
  (B) PROVIDE FOR PROCEDURES AND APPARATUS FOR TESTING  INCLUDING  ELEC-
TRONIC MONITORING DEVICES;
  (C)  SET  PARTICIPATION  AND USER FEES; HOWEVER, USER FEES FOR TWICE A
DAY TESTING SHALL NOT BE LESS THAN ONE DOLLAR PER TEST AND PARTICIPATION
WITH SECURE CONTINUOUS REMOTE ALCOHOL MONITOR (SCRAM) SYSTEM  SHALL  NOT
BE LESS THAN THE STATE'S EXPENSE FOR USING SUCH UNIT; AND
  (D)  REQUIRE THE SUBMISSION OF REPORTS AND INFORMATION BY LAW ENFORCE-
MENT AGENCIES WITHIN THIS STATE.
  6. ALL FEES COLLECTED IN THE ADMINISTRATION OF THIS PROGRAM  SHALL  BE
PAID  INTO THE TREASURY OF THE PARTICIPATING COUNTY, OR COLLECTED BY THE
ENTITY DESIGNATED BY THE SHERIFF, THE PROCEEDS OF WHICH SHALL BE APPLIED
AND USED ONLY TO DEFRAY RECURRING COSTS INCLUDING MAINTAINING EQUIPMENT,
FUNDING SUPPORT SERVICES AND ENSURING COMPLIANCE.
  7. IF A COURT IMPOSES PARTICIPATION IN THE 24/7 SOBRIETY PILOT PROGRAM
AS A CONDITION OF PROBATION IT SHALL REQUIRE THE PERSON TO PROVIDE PROOF
OF COMPLIANCE WITH THIS SECTION TO THE COURT AND THE  PROBATION  OFFICER
AS  SET  FORTH IN THE ORDER OF PROBATION. IF THE PERSON FAILS TO PROVIDE
FOR SUCH PROOF OF COMPLIANCE, ABSENT A FINDING  BY  THE  COURT  OF  GOOD
CAUSE  FOR  THAT  FAILURE  WHICH IS ENTERED IN THE RECORD, THE COURT MAY
REVOKE, MODIFY, OR TERMINATE  THE  PERSON'S  SENTENCE  OF  PROBATION  AS
PROVIDED BY LAW.
  8.  THE  SUPERINTENDENT  SHALL  PREPARE AN EVALUATIVE REPORT AS TO THE
EFFECTIVENESS, RELIABILITY AND IMPACT OF THE 24/7 SOBRIETY PILOT PROGRAM
AS A SENTENCING AND PROBATION OPTION. SUCH REPORT SHALL BE SUBMITTED  TO
THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF

S. 547                              3

THE ASSEMBLY NO LATER THAN THE FIRST DAY OF SEPTEMBER, TWO THOUSAND  TEN
AND  AN  UPDATED  REPORT  NO  LATER THAN THE FIRST DAY OF SEPTEMBER, TWO
THOUSAND TWELVE.   IN ADDITION, SUCH  REPORT  AND  REPORT  UPDATE  SHALL
INCLUDE,  BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION: (A) RECORD OF
OFFENDERS,  INCLUDING  THE  NUMBER  OF  PRIOR  ALCOHOL  OR  DRUG-RELATED
CONVICTIONS  RELATING  TO  THE OPERATION OF A VEHICLE; (B) RECORD OF ANY
VIOLATIONS OF PROBATION; (C) ANY OTHER INFORMATION DETERMINED  NECESSARY
AND RELEVANT TO THE IMPLEMENTATION OF THIS SECTION.
  S  2.  The sum of two million dollars ($2,000,000), or so much thereof
as may be necessary, is hereby appropriated to  the  division  of  state
police  out  of  any moneys in the state treasury in the general fund to
the credit of the local assistance account, not otherwise  appropriated,
and  made  immediately  available,  for  the purpose of carrying out the
provisions of this act. Such moneys shall be payable on  the  audit  and
warrant  of  the  comptroller  on  vouchers certified or approved by the
superintendent of state police in the manner prescribed by law.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed December 31, 2012.