Bill S6765-2013

Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person required to use an ignition device

Requires the department of corrections and community supervision to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of installation of an ignition interlock device on their motor vehicle.

Details

Actions

  • Jun 11, 2014: referred to correction
  • Jun 11, 2014: DELIVERED TO ASSEMBLY
  • Jun 11, 2014: PASSED SENATE
  • Jun 11, 2014: ORDERED TO THIRD READING CAL.1297
  • Jun 11, 2014: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 26, 2014: REPORTED AND COMMITTED TO FINANCE
  • Mar 7, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 26, 2014
Ayes (12): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Peralta, Rivera
Ayes W/R (1): Hoylman
VOTE: COMMITTEE VOTE: - Rules - Jun 11, 2014
Ayes (21): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Gianaris
Ayes W/R (2): Krueger, Perkins
Excused (2): Hassell-Thompson, Espaillat

Memo

BILL NUMBER:S6765

TITLE OF BILL: An act to amend the executive law, in relation to an ignition interlock device

PURPOSE:

Requires the Department of Corrections and Community Supervision to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of an ignition interlock.

SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 15-a of section 259-c of the Executive law, as amended by Section 38-b of subpart A of part C of chapter 62 of the laws of 2011, to require the Parole Office to maintain the responsibility and costs of monitoring any person released on parole with the mandatory requirement of installation of an ignition interlock device on their motor vehicle.

Section 2 provides for an immediate effective date.

EXISTING LAW:

Currently, the Office of Parole is charged with the supervision and re-entry of persons released from State Prison who are required to install an ignition interlock device pursuant to the provisions created by Leandra's Law. The county agency designated to monitor these same offenders must also supervise parolees after the completion of their State Prison sentence for a mandatory six month interlock condition.

JUSTIFICATION:

The monitoring of parolees by county departments such as probation, district attorney, Sheriffs' offices and County STOP DWI is duplicative because the Office of Parole is already charged with this supervision. Having the Office of Parole as the sole entity responsible for the supervision of these cases allows for more effective monitoring of ignition interlock requirements in conjunction with the individual's other conditions of parole.

LEGISLATIVE HISTORY:

2012: Passed Senate (S.5221A / A.7669A) 2013: Passed Senate (S.758 / A2726)

FISCAL IMPLICATIONS:

This bill will eliminate an unnecessary expense for counties and also property tax payers.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6765 IN SENATE March 7, 2014 ___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to an ignition interlock device THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 15-a of section 259-c of the executive law, as amended by section 38-b of subpart A of part C of chapter 62 of the laws of 2011, is amended to read as follows: 15-a. Notwithstanding any other provision of law, where a person is serving a sentence for a violation of section 120.03, 120.04, 120.04-a, 125.12, 125.13 or 125.14 of the penal law, or a felony as defined in paragraph (c) of subdivision one of section eleven hundred ninety-three of the vehicle and traffic law, if such person is released on parole or conditional release the board shall require as a mandatory condition of such release, that such person install and maintain, in accordance with the provisions of section eleven hundred ninety-eight of the vehicle and traffic law, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such parole or conditional release for such crime. THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION SHALL MAINTAIN THE RESPONSIBILITY AND COSTS OF MONITORING ANY PERSON RELEASED ON PAROLE WITH THE MANDATORY REQUIREMENT OF INSTAL- LATION OF AN IGNITION INTERLOCK DEVICE ON HIS OR HER MOTOR VEHICLE. Provided further, however, the board may not otherwise authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked pursuant to the provisions of the vehicle and traffic law. S 2. This act shall take effect immediately.

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