§ 1196 — Alcohol and drug rehabilitation program

§ 1196. Alcohol and drug rehabilitation program. 1. Program\nestablishment. There is hereby established an alcohol and drug\nrehabilitation program within the department of motor vehicles. The\ncommissioner shall establish, by regulation, the instructional and\nrehabilitative aspects of the program. Such program shall consist of at\nleast fifteen hours and include, but need not be limited to, classroom\ninstruction in areas deemed suitable by the commissioner. No person\nshall be required to attend or participate in such program or any aspect\nthereof for a period exceeding eight months except upon the\nrecommendation of the department of mental hygiene or appropriate health\nofficials administering the program on behalf of a municipality.\n 2. Curriculum. The form, content and method of presentation of the\nvarious aspects of such program shall be established by the\ncommissioner. In the development of the form, curriculum and content of\nsuch program, the commissioner may consult with the commissioner of\nmental health, the director of the division of alcoholism and alcohol\nabuse, the director of the division of substance abuse services and any\nother state department or agency and request and receive assistance from\nthem. The commissioner is also authorized to develop more than one\ncurriculum and course content for such program in order to meet the\nvarying rehabilitative needs of the participants.\n 3. Where available. A course in such program shall be available in at\nleast every county in the state, except where the commissioner\ndetermines that there is not a sufficient number of alcohol or\ndrug-related traffic offenses in a county to mandate the establishment\nof said course, and that provisions be made for the residents of said\ncounty to attend a course in another county where a course exists.\n 4. Eligibility. Participation in the program shall be limited to those\npersons convicted of alcohol or drug-related traffic offenses or persons\nwho have been adjudicated youthful offenders for alcohol or drug-related\ntraffic offenses, or persons found to have been operating a motor\nvehicle after having consumed alcohol in violation of section eleven\nhundred ninety-two-a of this article, who choose to participate and who\nsatisfy the criteria and meet the requirements for participation as\nestablished by this section and the regulations promulgated thereunder;\nprovided, however, in the exercise of discretion, the judge imposing\nsentence may prohibit the defendant from enrolling in such program. The\ncommissioner or deputy may exercise discretion, to reject any person\nfrom participation referred to such program and nothing herein contained\nshall be construed as creating a right to be included in any course or\nprogram established under this section. In addition, no person shall be\npermitted to take part in such program if, during the five years\nimmediately preceding commission of an alcohol or drug-related traffic\noffense or a finding of a violation of section eleven hundred\nninety-two-a of this article, such person has participated in a program\nestablished pursuant to this article or been convicted of a violation of\nany subdivision of section eleven hundred ninety-two of this article\nother than a violation committed prior to November first, nineteen\nhundred eighty-eight, for which such person did not participate in such\nprogram. In the exercise of discretion, the commissioner or a deputy\nshall have the right to expel any participant from the program who fails\nto satisfy the requirements for participation in such program or who\nfails to satisfactorily participate in or attend any aspect of such\nprogram. Notwithstanding any contrary provisions of this chapter,\nsatisfactory participation in and completion of a course in such program\nshall result in the termination of any sentence of imprisonment that may\nhave been imposed by reason of a conviction therefor; provided, however,\nthat nothing contained in this section shall delay the commencement of\nsuch sentence.\n 5. Effect of completion. Except as provided in subparagraph nine of\nparagraph (b) of subdivision two of section eleven hundred ninety-three\nor in subparagraph three of paragraph (d) of subdivision two of section\neleven hundred ninety-four of this article, upon successful completion\nof a course in such program as certified by its administrator, a\nparticipant may apply to the commissioner on a form provided for that\npurpose, for the termination of the suspension or revocation order\nissued as a result of the participant's conviction which caused the\nparticipation in such course. In the exercise of discretion, upon\nreceipt of such application, and upon payment of any civil penalties for\nwhich the applicant may be liable, the commissioner is authorized to\nterminate such order or orders and return the participant's license or\nreinstate the privilege of operating a motor vehicle in this state.\nHowever, the commissioner shall not issue any new license nor restore\nany license where said issuance of restoral is prohibited by subdivision\ntwo of section eleven hundred ninety-three of this article.\n 6. Fees. The commissioner shall establish a schedule of fees to be\npaid by or on behalf of each participant in the program, and may, from\ntime to time, modify same. Such fees shall defray the ongoing expenses\nof the program. Provided, however, that pursuant to an agreement with\nthe department a municipality, department thereof, or other agency may\nconduct a course in such program with all or part of the expense of such\ncourse and program being borne by such municipality, department or\nagency. In no event shall such fee be refundable, either for reasons of\nthe participant's withdrawal or expulsion from such program or\notherwise.\n 7. Conditional license. (a) Notwithstanding any inconsistent provision\nof this chapter, participants in the program, except those penalized\nunder paragraph (d) of subdivision one of section eleven hundred\nninety-three of this article for any violation of subdivision two,\nthree, or four of section eleven hundred ninety-two of this article,\nmay, in the commissioner's discretion, be issued a conditional driver's\nlicense, or if the holder of a license issued by another jurisdiction\nvalid for operation in this state, a conditional privilege of operating\na motor vehicle in this state. Such a conditional license or privilege\nshall be valid only for use, by the holder thereof, (1) enroute to and\nfrom the holder's place of employment, (2) if the holder's employment\nrequires the operation of a motor vehicle then during the hours thereof,\n(3) enroute to and from a class or an activity which is an authorized\npart of the alcohol and drug rehabilitation program and at which his\nattendance is required, (4) enroute to and from a class or course at an\naccredited school, college or university or at a state approved\ninstitution of vocational or technical training, (5) to or from court\nordered probation activities, (6) to and from a motor vehicle office for\nthe transaction of business relating to such license or program, (7) for\na three hour consecutive daytime period, chosen by the administrators of\nthe program, on a day during which the participant is not engaged in\nusual employment or vocation, (8) enroute to and from a medical\nexamination or treatment as part of a necessary medical treatment for\nsuch participant or member of the participant's household, as evidenced\nby a written statement to that effect from a licensed medical\npractitioner, and (9) enroute to and from a place, including a school,\nat which a child or children of the holder are cared for on a regular\nbasis and which is necessary for the holder to maintain such holder's\nemployment or enrollment at an accredited school, college or university\nor at a state approved institution of vocational or technical training.\nSuch license or privilege shall remain in effect during the term of the\nsuspension or revocation of the participant's license or privilege\nunless earlier revoked by the commissioner.\n (b) The conditional license or privilege described in paragraph (a) of\nthis subdivision shall be in a form prescribed by the commissioner, and\nshall have indicated thereon the conditions imposed by such paragraph.\n (c) Upon receipt of a conditional license issued pursuant to this\nsection, any order issued by a judge, justice or magistrate pursuant to\nparagraph (c) of subdivision two of section eleven hundred ninety-three\nof this article shall be surrendered to the department.\n (d) The commissioner shall require applicants for a conditional\nlicense to pay a fee of seventy-five dollars for processing costs. Such\nfees assessed under this subdivision shall be paid to the commissioner\nfor deposit to the general fund and shall be in addition to any fees\nestablished by the commissioner pursuant to subdivision six of this\nsection to defray the costs of the alcohol and drug rehabilitation\nprogram.\n (e) The conditional license or privileges described in this\nsubdivision may be revoked by the commissioner, for sufficient cause\nincluding, but not limited to, failure to register in the program,\nfailure to attend or satisfactorily participate in the sessions,\nconviction of any traffic infraction other than one involving parking,\nstopping or standing or conviction of any alcohol or drug-related\ntraffic offense, misdemeanor or felony. In addition, the commissioner\nshall have the right, after a hearing, to revoke the conditional license\nor privilege upon receiving notification or evidence that the offender\nis not attempting in good faith to accept rehabilitation. In the event\nof such revocation, the fee described in subdivision six of this section\nshall not be refunded.\n (f) It shall be a traffic infraction for the holder of a conditional\nlicense or privilege to operate a motor vehicle upon a public highway\nfor any use other than those authorized pursuant to paragraph (a) of\nthis subdivision. When a person is convicted of this offense, the\nsentence of the court must be a fine of not less than two hundred\ndollars nor more than five hundred dollars or a term of imprisonment of\nnot more than fifteen days or both such fine and imprisonment.\nAdditionally, the conditional license or privileges described in this\nsubdivision shall be revoked by the commissioner upon receiving\nnotification from the court that the holder thereof has been convicted\nof this offense.\n (g) Notwithstanding anything to the contrary contained in a\ncertificate of relief from disabilities or a certificate of good conduct\nissued pursuant to article twenty-three of the correction law, any\nconditional license or privilege issued to a person convicted of a\nviolation of any subdivision of section eleven hundred ninety-two of\nthis article shall not be valid for the operation of any commercial\nmotor vehicle. In addition, no such conditional license or privilege\nshall be valid for the operation of a taxicab as defined in this\nchapter.\n (h) Notwithstanding any inconsistent provision of this chapter, the\nconditional license described in this subdivision may, pursuant to\nregulations established by the commissioner, be issued to a person whose\nlicense has been suspended pending prosecution pursuant to subparagraph\nseven of paragraph (e) of subdivision two of section eleven hundred\nninety-three of this article.\n