New York

New York Legislation

Year of last legislative change: 2015

Year of last revision to administrative code: Awaiting data

Most challenging aspects associated with introducing and passing interlock legislation:
Regulation and time constraints regarding time for public comment is a challenge. There is a public website and people have time to comment/ask questions. For regulation updates there is a 30-day time frame. The bigger challenge was the initial writing of regulation, the updating is not overly daunting. Informal outreach with stakeholders prior to public comment

Changes for program improvement being pursued: Awaiting data

Who is eligible for an interlock in your state according to legislation (Data provided by CIIM):
All impaired drivers

Can impaired drivers 'wait out' their interlock requirement:
Yes

Is an interlock required on test refusal:
No

Program Authority

Type of program: Judicial

Agency/agencies with authority over the interlock program:
Division of Criminal Justice Services

Agency/agencies with authority over participant monitoring:
Probation

Agency/agencies with authority over sanctioning interlock program participants:
Courts

Agency/agencies with authority to approve devices:
Courts

Training available for judges, law enforcement, and lawyers:
Online training through DPS for law enforcement. Judicial training – typically asked to present at trainings (annual), typically the regional trainings. DWI symposium, component that is IID based – 1 hour. We participate in that but we’re not responsible for courts. Monitor and/or attorney is on the panel to discuss information. There is a lead resource person among prosecutors for impaired driver topics.

Program Features

Hardship license available to first offenders: No

Hardship license available to repeat offenders: No

Hardship license (First offenders, Repeat offenders, All): No

Lookback period: 10 years

Source of funding: Awaiting data

Indigent funding is available to participants: Yes

Qualification requirements for indigent funding: Court decision

Frequency of interlock device service: 30-60 days

Participation

Participation Rate: Awaiting data

Number of interlock program participants in 2019: >2,000

Indicator used to determine the number of participants in the interlock program (e.g., certificate of device installation, certificate of device removal):
Manufacturer and Monitor Reports

Indicator(s) used in state as the best measure(s) of the eligible population of offenders for the interlock program to determine the program participation rate: Awaiting data

Penalties for non-compliance: Awaiting data

Program Length

Length of Hard Suspension

1st offenders: Awaiting data

2nd offenders: Awaiting data

3rd offenders: Awaiting data

4th and subsequent offenders: Awaiting data

Interlock Program Length

1st offenders: 12 months

2nd offenders: 12 months

3rd offenders: 12 months

4th and subsequent offenders: Awaiting data

Compliance/Non-Compliance

Program length is extended for non-compliance: Yes

Length of extension for non-compliance: Awaiting data

Program length is reduced for compliance: Yes

Length of reduction for compliance: De-install after 6 months

Frequency of sanctions imposed for non-compliance: Occasionally

Program exit requirements: Compliance-based removal

Treatment

Treatment is required for the interlock program: Yes

Components applied to treatment: Yes

Data Collection & Management

Agency responsible for collecting data: Division of Criminal Justice Services

Overview of Data Management: Installations – we collect data from two sources – monitors (probation, DAs office) of which there are 78 in the state – quarterly data from the state. Monthly data collected from manufacturers – everyone who is installed at the time of reporting. Certain data maintained by DMV – presence of restriction and license, etc.

Barriers to data collection: Awaiting data

Vendors in State

Vendor Oversight

Number of Vendors in State: 3

Agency responsible for vendor oversight: Probation

Approval process for new vendors: Awaiting data

Vendor recertification: Yes

Interlock technology features (Data provided by CIIM): Camera, GPS, Real-time reporting

Radius requirement for service centers: Awaiting data

Radius requirement: Awaiting data

Jurisdiction: