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History
- Referred to finance
- Referred to finance
Full text
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Title of bill
An act to amend the executive law, in relation to creating a 24/7 sobriety pilot program; making an appropriation therefor; and providing for the repeal of such provisions upon expiration thereof
Purpose
To establish the 24/7 Sobriety Pilot Program in ten counties for the purpose of giving judges the option of using either twice daily chemical testing or 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 convicted of a second offense.
Summary of provisions
Section 1 adds subsections to the executive law entitled the Sobriety Pilot Program which provides judges with the option ordering twice-daily chemical testing or 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 convicted of a second offense.
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 us 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. Twice-daily testing and the Secure Continuous Remote Alcohol Monitor (SCRAM) System may offer an alternative to the interlocking device program and/or may act as a second line of testing in the arsenal available to judges in managing particular criminals. Due to the fact that this is a pilot program it will give the state the ability to study the most effective way of monitoring those accused and/or convicted of DWI/DWAI.
Legislative history
2007-2008 S.4304-C/A.8890-A Passed the Senate
Fiscal implications
To be determined.
Effective date
On the first of January next succeeding the date which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.