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 358.4 - County ignition interlock program plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every county shall establish a county
				  ignition interlock program plan with respect to usage of ignition interlock
				  devices and monitoring the compliance of an operator subject to installation of
				  an ignition interlock device with monitoring as directed by a criminal court.
				  Such plan shall be approved by the county executive. A county may submit an
				  amended plan on its own initiative, which shall be approved by the county
				  executive. Where a plan has been amended by the county, in whole or in part, it
				  shall be promptly filed with the division in advance of its effective date. The
				  division may also require modification or updates of any county plan or amended
				  plan as it deems necessary to be consistent with law or regulatory
				  provisions.
(b) Every county shall
				  develop a plan in consultation with the county's probation director, district
				  attorney, and in New York City the district attorney from each of the five
				  boroughs, sheriff or police commissioner where applicable, STOP-DWI
				  coordinator, a representative of its drinking driver program where applicable
				  and where more than one program exists in the county, a representative
				  designated by the county executive, a superior and local criminal court judge
				  designated by the administrative judge for the county, and in New York City a
				  superior and local criminal court judge designated by the deputy chief
				  administrative judge, a representative of an agency providing legal services to
				  those unable to afford counsel in criminal cases designated by the county
				  executive. Nothing herein shall prohibit a county from consulting with other
				  persons or entities as the county executive deems appropriate with respect to
				  development of its plan.
(c) Every
				  plan shall specify monitoring by the probation department where the operator is
				  subject to a period of either interim probation supervision or probation and
				  may designate one or more alternative persons or entities, in lieu of the
				  probation department, responsible for monitoring where an ignition interlock
				  device has been:
(1) imposed pursuant to a
				  conditional discharge; or
(2)
				  imposed by court order in advance of sentencing requiring monitoring.
An alternative person or entity may include but is not
					 limited to the sheriff, police commissioner, district attorney, STOP-DWI
					 coordinator, traffic safety board representative, Drinking Driver Program,
					 Treatment Alternative for Safer Communities Program, or any other similar
					 individual, agency, or organization. Nothing shall preclude a county from
					 sharing monitoring resources, including equipment, with another county to
					 effectuate the provisions of this Part.