2023 New York Laws › VAT - Vehicle and Traffic › Title 7 - Rules of the Road › Article 31 - Alcohol and Drug-Related Offenses and Procedures Applicable Thereto › 1198-A - Special Procedures and Disposition Involving Alcohol and Substance Abuse Assessment and Treatment.

§  1198-a.  Special  procedures  and disposition involving alcohol and
substance abuse assessment and treatment. 1. Definitions.  For  purposes
of this section, the following terms shall have the following meanings:
(a)  "Alcohol  and  substance  abuse  professional" shall mean persons
credentialed by the office of alcoholism and substance abuse services to
provide alcohol and substance abuse  services  pursuant  to  the  mental
hygiene law and persons licensed by the state education department in an
appropriate  health  field,  including  licensed clinical social worker,
licensed master social worker, licensed mental health  counselor,  nurse
practitioner,    physician,    physician's    assistant,   psychiatrist,
psychologist, and registered nurse.
(b) "Licensed agency" shall mean an agency licensed by the  office  of
alcoholism and substance abuse services to provide alcohol and substance
abuse services pursuant to the mental hygiene law.
2.  Procedure.  (a)  Mandatory  screening;  when  authorized. Upon the
arraignment of, or  at  the  discretion  of  the  court,  prior  to  the
sentencing of any person who (i) at arraignment is charged with or prior
to  sentencing  convicted  of  a  first  violation  of operating a motor
vehicle in violation of subdivision one, two or three or  paragraph  (b)
of  subdivision  two-a  of  section  eleven  hundred  ninety-two of this
article while such person has less than .15 of one per centum by  weight
of  alcohol  in the person's blood as shown by chemical analysis of such
person's blood, breath, urine or saliva made pursuant to the  provisions
of  section  eleven hundred ninety-four of this article, or in violation
of subdivision four of such section eleven hundred ninety-two,  or  (ii)
has  refused  to  submit  to  a chemical test pursuant to section eleven
hundred ninety-four of this article, the court shall order  such  person
to  submit  to  screening  for alcohol or substance abuse and dependency
using a standardized  written  screening  instrument  developed  by  the
office of alcoholism and substance abuse services, to be administered by
an alcohol or substance abuse professional.
(b)  Mandatory  assessment;  when  authorized. The court shall order a
defendant to undergo a formal alcohol or substance abuse and  dependency
assessment  by  an alcohol or substance abuse professional or a licensed
agency: (i) when  the  screening  required  by  paragraph  (a)  of  this
subdivision  indicates  that  a  defendant  is abusing or dependent upon
alcohol or drugs; (ii) following the arraignment of any  person  charged
with  or, at the discretion of the court, prior to the sentencing of any
person convicted of a violation of subdivision one, two, three, four  or
four-a of section eleven hundred ninety-two of this article after having
been  convicted  of  a  violation  of  any subdivision of section eleven
hundred ninety-two of this article or of vehicular assault in the second
or first degree, as defined, respectively, in sections 120.03 and 120.04
of the penal law or of  aggravated  vehicular  assault,  as  defined  in
section  120.04-a  of  the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 of the penal law or of aggravated vehicular homicide, as  defined
in  section  125.14 of such law within the preceding five years or after
having been convicted of a violation of any subdivision of such  section
or  of  vehicular  assault  in  the  second or first degree, as defined,
respectively, in sections 120.03 and 120.04  of  the  penal  law  or  of
aggravated  vehicular  assault,  as  defined  in section 120.04-a of the
penal law or of vehicular manslaughter in the second or first degree, as
defined, respectively, in sections 125.12 and 125.13 of the penal law or
of aggravated vehicular homicide, as defined in section 125.14  of  such
law,  two  or  more  times  within  the  preceding  ten  years; or (iii)
following the  arraignment  of  any  person  charged  with  or,  at  the
discretion of the court, prior to the sentencing of any person convicted

of operating a motor vehicle in violation of subdivision two or three or
paragraph  (b) of subdivision two-a of section eleven hundred ninety-two
of this article while such person has .15 of one per centum or  more  by
weight  of alcohol in the person's blood as shown by a chemical analysis
of such person's blood, breath, urine or saliva  made  pursuant  to  the
provisions  of  section eleven hundred ninety-four of this article or in
violation of paragraph  (a)  of  subdivision  two-a  of  section  eleven
hundred ninety-two of this article.
(c) Mandatory assessment; procedure. The assessment ordered by a court
pursuant  to  this section shall be performed by an alcohol or substance
abuse professional or a licensed agency which shall forward the results,
in writing, to the court and to the defendant  or  his  or  her  counsel
within thirty days of the date of such order.
3.   Authorized  disposition.  When  a  sentence  of  probation  or  a
conditional discharge is imposed upon a person who has been required  to
undergo an alcohol or substance abuse and dependency assessment pursuant
to  subdivision  two of this section and where such assessment indicates
that such person is in need of treatment for alcohol or substance  abuse
or dependency, the court shall require, as a condition of such sentence,
that   such   person  participate  in  and  successfully  complete  such
treatment. Such treatment shall be provided by an alcohol  or  substance
abuse professional or a licensed agency.
4.  Any  case  wherein  a  court  has  accepted a plea pursuant to the
provisions of subparagraph (ii) of paragraph (a) of subdivision  ten  of
section eleven hundred ninety-two of this article and such plea includes
as  a  condition  thereof  that  the  defendant  attend and complete the
alcohol and drug rehabilitation program established pursuant to  section
eleven  hundred ninety-six of this article, including any assessment and
treatment required thereby, shall be deemed to be in compliance with the
provisions of this section.
5. The chief administrator of the office of court administration shall
make available to all courts in this state with jurisdiction in criminal
cases a list of alcohol and substance abuse professionals  and  licensed
agencies  as  provided  by  the office of alcoholism and substance abuse
services pursuant to subdivision (g) of  section  19.07  of  the  mental
hygiene law.
6.  Confidentiality  of  records.  (a)  The records and content of all
screenings,  assessments  and  treatment  conducted  pursuant  to   this
section,  including  the  identity,  diagnosis  and  prognosis  of  each
individual who is  the  subject  of  such  records,  and  including  any
statements  or  admissions  of such individual made during the course of
such screenings, assessments and treatment, shall be confidential, shall
not be disclosed except as authorized by this subdivision, and shall not
be  entered  or  received  as  evidence  at  any  civil,   criminal   or
administrative  trial,  hearing  or  proceeding. No person, other than a
defendant to whom  such  records  are  disclosed,  may  redisclose  such
records.
(b)  Consistent with Section 290 dd-2 of Title 42 of the United States
Code, as such law may, from time to time, be amended, such  records  and
content may only be disclosed as follows:
(i)  to  a court for the sole purpose of requiring a defendant charged
with or convicted of a violation of subdivision one, two, two-a,  three,
four  or  four-a of section eleven hundred ninety-two of this article to
undergo  alcohol  or  substance  abuse  or  dependency   assessment   or
treatment;
(ii) to the defendant or his or her authorized representative; and
(iii) to medical personnel to the extent necessary to meet a bona fide
medical emergency.
7.   Effect   of  completion  of  treatment.  Except  as  provided  in
subparagraph nine of paragraph (b) of subdivision two of section  eleven
hundred  ninety-three  or  in  subparagraph  three  of  paragraph (d) of
subdivision two of section eleven hundred ninety-four of  this  article,
upon successful completion of treatment ordered pursuant to this section
as  certified by the alcohol or substance abuse professional or licensed
agency which provided such treatment, the defendant  may  apply  to  the
commissioner on a form provided for that purpose, for the termination of
the suspension or revocation order issued as a result of the defendant's
conviction.  In  the  exercise  of  discretion,  upon  receipt  of  such
application, and upon payment of  any  civil  penalties  for  which  the
defendant  may  be  liable,  the commissioner is authorized to terminate
such order or orders and return the defendant's license or reinstate the
privilege of operating a motor  vehicle  in  this  state.  However,  the
commissioner  shall  not  issue  any new license nor restore any license
where said issuance or restoration is prohibited by subdivision  two  of
section eleven hundred ninety-three of this article.