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.
Ayes (12): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hassell-Thompson, Montgomery, Peralta, Rivera
Ayes W/R (1): Hoylman
Ayes (35): DeFrancisco, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Grisanti, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, O'Mara, Ranzenhofer, Robach, Savino, Seward, Young, Valesky, Diaz, Dilan, Rivera, Gianaris, Breslin, Parker, Peralta, Perkins, Stavisky, Squadron, Kennedy, Espaillat, Hassell-Thompson
Ayes W/R (2): Krueger, Montgomery
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Squadron
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 device.
SUMMARY OF PROVISIONS: Section 1 of the bill 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 of the bill provides for an immediate effective date.
JUSTIFICATION: Under Chapter 62 of the Laws of 2011, parolees who are subject to the mandatory installation of an ignition interlock device when released from state prison are monitored by the county agency. The monitoring of parolees by county departments is duplicative and such departments are not equipped to monitor these individuals. The Department of Corrections and Community Supervision is already involved in their reentry and thus better suited for the task.
LEGISLATIVE HISTORY: 2012: Passed the Senate (S.5221A/A.7669A)
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 758 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FUSCHILLO, RANZENHOFER -- 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01402-01-3