Relates to the distribution of certain mandatory surcharges imposed for alcohol-related traffic convictions

(2) Amends subdivision 5 of VTL §1197 to add "implementation of the ignition interlock program as set forth in VTL §1198" to the functions and funding responsibilities of the County STOP-DWI coordinator.

(3) Amends VTL §§ 1809-c and 1809-e to direct that mandatory surcharges be imposed for the traffic offenses of "driving outside the terms of a conditional license" and "circumventing a required ignition interlock device" making these offenses consistent with all other alcohol-related provisions of the VTL.

(4) Amends VTL §§ 1809-C and 1809-e to direct that mandatory surcharges imposed and collected under both of these provisions be directed to the STOP-DWI Program in the county where the offense occurred.

(5) Amends subdivision 3 of §60.35 of the penal Law to conform the fine and surcharge collection process consistent with the intent of this bill.

Justification

Chapter 496 of the Laws of 2009, also known as Leandra's Law, requires inter alia that the sentence for all persons convicted of driving while intoxicated include a period of probation or conditional discharge, a condition of which shall include the installation of an ignition interlock device on all vehicles owned or operated by such person, for the period of probation (at least 3 years) or conditional discharge, but not less than six months. This provision takes effect on August 15, 2010.

As a result of this law, 25,000 people annually will be sentenced pursuant to this requirement. In seeking to implement this law, the Division of Probation and Correctional Alternatives has promulgated an emergency

rule that essentially orders the counties to develop a program to implement the massive and recurring requirements associated with compliance, tracking and monitoring those subject to conditional discharge. However, it provides no funding for either these tasks, nor for the 12,000+ new probationers likely to exist as a result of this statute. Actually, it would appear that the 2012-2011 Budget will, instead, reduce state funding for Probation services by another 10% this year.

Thus, the counties are currently faced with a combination of a seriously unfunded mandate and the requirement that they develop an entirely new program pursuant to the new rule.

This measure resolves both of these problems as well as a third. Over the years, the State has added a series of mandatory surcharges to alcohol related offenses strictly for budget relief, in total ignorance of sound criminal justice policy and to the immediate financial detriment of the county STOP-DWI Programs that rely exclusively upon the fines imposed for alcohol-related offenses.

This bill would address all three issues. First, it utilizes the county STOP-DWI program and its existing statutory funding mechanism to fully realize the ignition interlock program rather than force counties to develop an entirely new -- and unfunded -- process. Second, it establishes a recurring revenue stream to provide the counties with the necessary funding to implement the expansive new ignition interlock program and maintain it going forward. It does so by redirecting the surcharges collected under VTL sections 1809-c($25) and 1809-e($170) from the General Fund to the local STOP-DWI Program. Third, it helps reinforce the local option STOP-DWI Programs that collectively have made New York a national model for addressing the challenges presented by the drunk driver, but have recently seen their revenue streams reduced out of expediency for quick-fix State budget relief.

In order for this program to work, there must be confidence in the ability for counties to implement and maintain it. The unintended consequences of this act can surely undermine the Legislature's intent and leave the program in shambles. At least 25 counties have already asked for a two-year moratorium on the new law until a funding stream has been established. Furthermore, it is obvious that the mischief that can arise from the suddenly overwhelmed local courts could result in thousands of new offenders sent to an already overburdened probation system or, thousands of persons who should be convicted of DWI, being allowed to plead to the traffic offense of DWAI -both for the purposes of expediency, and neither consistent with the intent New York's commitment to eradicate drunk driving. This bill presents an opportunity to have the new law implemented in a manner that reflects the Legislature's intent when it was enacted.

Prior legislative history

New Bill.

Fiscal implications

Approximately $6.8 million in mandatory surcharges will be redirected from the General Fund to the counties based upon the county of conviction.

Effective date

This act shall take effect immediately, provided, however, the provisions of section one, three, four and five shall take effect on the sixtieth day after it shall have become a law, and provided further, however, that section six shall take effect on the first day of April, 2011.