Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring

BILL NUMBER:S2423

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 amends section 1193 of the Vehicle and Traffic Law, adding a new subdivision 1-b requiring continuous alcohol and controlled substance use monitoring as a condition of pre-trial release for those accused of dwi/dwai and as a precondition of probation for those sentenced to probation.

Section 2 amends section 243 of the Executive Law by adding a new subdivision 5 directing the director to promulgate rules and regulations for the administration of this program.

Justification

Currently, as part of probation, judges 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

2014: Senate Bill #611 (Gianaris) - Died in Senate Transportation Committee 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.