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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S611-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S611-2013 Memo

BILL NUMBER:S611

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:
2012: Senate Bill
2516 (Gianaris) - Died
in Senate Transportation Committee
2012: Assembly Bill
3997 (Gabryszak) - Died in Assembly
Transportation Committee
2010: Assembly Bill
9650 (Gianaris) -
Died in Assembly Transportation Committee

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.

S611-2013 Text

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

                                     611

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01538-01-3

 S. 611                              2

  PAYMENT OF THE ASSOCIATED COSTS AND  EXPENSES.  FURTHERMORE,  THE  COURT
  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.