New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle H - DIVISION OF PROBATION AND CORRECTIONAL ALTERNATIVES › Chapter I - ADMINISTRATION OF PROBATION › Part 358 - Handling Of Ignition Interlock Cases Involving Certain Criminal Offenders › Section 358.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part:
(a) The term
blood alcohol
				  concentration
or
BAC
shall mean the weight amount of
				  alcohol contained in a unit volume of blood, measured as grams ethanol/ 100 ml.
				  blood and expressed as %, grams %, % weight/volume (w/v), and % BAC. Blood
				  alcohol concentration in this Part shall be designated as % BAC.
(b) The term
certificate of
				  completion
shall mean a document issued by the monitor after the
				  conclusion of the ignition interlock period set by the criminal court,
				  including any extensions or modifications as may have subsequently occurred
				  which shows either satisfactory completion of the ignition interlock condition
				  or a change by the court in a pre-sentence order no longer requiring the need
				  for a device, or a change in the conditions of probation or conditional
				  discharge no longer requiring the need for a device after completion of the
				  minimum ignition interlock period.
(c) The term
circumvent
shall mean to request, solicit or allow any other person to blow into an
				  ignition interlock device, or to start a motor vehicle equipped with the
				  device, for the purpose of providing the operator whose driving privileges is
				  so restricted with an operable motor vehicle, or to blow into an ignition
				  interlock device or start a motor vehicle equipped with the device for the
				  purpose of providing an operable motor vehicle to a person whose driving
				  privilege is so restricted or to tamper with an operable ignition interlock
				  device.
(d) The term
county
shall mean every county outside of the city of New
				  York, and the City of New York as a whole.
(e) The term
county
				  executive
shall mean a county administrator, county manager, county
				  director or county president and in cities with a population of one million or
				  more, the mayor.
(f) The term
division
shall mean the Division of Criminal Justice
				  Services.
(g) The term
drinking driver program
shall mean an alcohol and drug
				  rehabilitation program established pursuant to section 1196  of the Vehicle and Traffic
				  Law.
(h) The term
emergency
				  notification program
shall mean a protocol that utilizes real time
				  data reporting and provides timely notification to law enforcement agencies
				  regarding at minimum failed or missed rolling re-tests.
(i) The term
failed tasks
shall mean failure to install the ignition interlock device or failure to
				  comply with a service visit or any requirement resulting therefrom as
				  prescribed by this Part.
(j) The
				  term
failed tests
shall mean a start-up re-test or rolling
				  re-test at or above the set point, or a missed rolling re-test.
(k) The term
failure report
				  recipients
shall mean all persons or entities required to receive a
				  report from the monitor of an operator's failed tasks or failed tests pursuant
				  to a county's plan which may include, but is not limited to the applicable
				  court, district attorney, operator's alcohol treatment provider, and the
				  drinking driver program, where applicable.
(l) The term
ignition interlock
				  device
shall mean any blood alcohol concentration equivalence
				  measuring device which connects to a motor vehicle ignition system and prevents
				  a motor vehicle from being started without first determining through a deep
				  lung breath sample that the operator's equivalent blood alcohol level does not
				  exceed the calibrated setting on the device as required by standards of the
				  Department of Health in section
				  59.10
				  of Title 10 NYCRR.
(m) The term
installation/service provider
shall mean an entity located in
				  New York State approved by a qualified manufacturer that installs, services,
				  and/or removes an ignition interlock device.
(n) The term
lockout mode
shall mean circumstances enumerated in this Part which trigger the ignition
				  interlock device to cause the operator's vehicle to become inoperable if not
				  serviced within five calendar days.
(o) The term
monitor
shall
				  mean the local probation department where the operator is under interim
				  probation supervision or probation or any person(s) or entity(ies) designated
				  in the county's ignition interlock program plan for any operator granted
				  conditional discharge or otherwise required to install an ignition interlock
				  device and undergo monitoring in advance of sentencing pursuant to court
				  order.
(p) The term
operator
shall mean a person who is subject to installation of
				  an ignition interlock device arising from a felony or misdemeanor charge or
				  conviction under the Vehicle and Traffic Law or the Penal Law or arising from a
				  youthful adjudication of any such crime.
(q) The term
qualified
				  manufacturer
shall mean a manufacturer or distributor of an ignition
				  interlock device certified by the New York State Department of Health which has
				  satisfied the specific operational requirements herein and has been approved as
				  an eligible vendor by the division in the designated region where the county is
				  located.
(r) The term
real
				  time reporting
shall mean the contemporaneous transmission of data of
				  particular events, as defined in section
				  358.5(c)(6) 
				  of this Part, to a specified monitoring entity as the event occurs or as soon
				  as cellular reception permits.
(s)
				  The term
region
shall mean counties comprising an area within
				  New York State designated by the division where a qualified manufacturer is
				  authorized and has agreed to service.
(t) The term
start-up test
shall mean a breath test taken by the operator to measure the operator's blood
				  alcohol concentration prior to starting the vehicle's ignition.
(u) The term
start-up
				  re-test
shall mean a breath test taken by the operator to measure the
				  operator's blood alcohol concentration required within 5 to 15 minutes of a
				  failed start-up test.
(v) The term
rolling test
shall mean a breath test, administered at random
				  intervals, taken by the operator while the vehicle is running.
(w) The term
rolling re-test
shall mean a breath test, taken by the operator while the vehicle is running,
				  within one to three minutes after a failed or missed rolling test.
(1) The term
failed rolling
				  re-test
shall mean a rolling re-test in which the operator's BAC is at
				  or above the set point.
(2) The
				  term
missed rolling re-test
shall mean failure to take the
				  rolling re-test within the time period allotted to do so.