Ignition Interlock Devices/Leandra's Law
Leandra’s Law, also known as the Child Passenger Protection Act, (Chapter 496, Laws of 2009), has two parts:
Creates a new class E felony for driving while intoxicated with a child 15 years of age or younger in the car [Vehicle and Traffic Law (VTL) § 1192(2-a)(b)] and amends Penal Law §§ 120.04; 120.04-a; 125.13; and 125.14 to incorporate the new offense. These provisions took effect on December 18, 2009.
Mandates that judges sentence defendants convicted of a VTL § 1192(2), (2-a), or (3) offense to probation or conditional discharge, a condition of which must be the installation and maintenance of an ignition interlock device in any car owned or operated by the defendant; the ignition interlock condition must be imposed for at least 6 months. Judges may impose a fine and/or a term of imprisonment in addition to the mandatory period of probation or conditional discharge. These provisions are scheduled to take effect on August 15, 2010 and apply to persons sentenced on or after that date. There is some disagreement regarding whether the ignition interlock provisions may be imposed on persons who committed qualifying offenses before August 15, 2010, but after November 18, 2009.
State and Federal Regulations: Ignition Interlock Program and Ignition Interlock Devices
9 NYCRR Part 358: Handling of Ignition Interlock Cases Involving Certain Criminal Offenders (emergency rule expires November 5, 2010) (adopted effective November 3, 2010)
VTL § 1193(1)(g) requires the Division of Probation and Correctional Alternatives (DPCA) to promulgate regulations governing the monitoring of compliance of persons subject to an ignition interlock condition. DPCA issued the original emergency rule on April 23, 2010, and a notice of emergency rule making was published in the State Register on May 12, 2010. Earlier this year, DPCA was merged into the Division of Criminal Justice Services (DCJS) and is now known as the Office of Probation and Correctional Alternatives (OPCA). DCJS renewed the emergency regulations on July 21, 2010 (see the 8/4/2010 State Register for the notice of emergency/proposed rule making) and again on September 7, 2010 (see the 9/22/2010 State Register for the notice of emergency rule making). The deadline for public comment on the proposed rule has passed. (adopted effective November 3, 2010)
A notice of adoption was published in the State Register on November 3, 2010. In response to NYSDA's comments on the proposed rule making, DCJS made four amendments to Part 358, including deleting the definition of "conviction" in section 358.3 and amending the definition of "service visit" in section 358.3(w) to allow another driver to bring in a vehicle with an ignition interlock device for a service visit. Section 358.1 (Objective) and the definition of "operator" in section 358.3(o) were also amended. 10 NYCRR Part 59: Chemical Analyses of Blood, Urine, Breath or Saliva for Alcoholic Content
The Department of Health issued an emergency rule amending Part 59, including sections 59.10--59.12, which govern certification and testing of ignition interlock devices. The original notice of emergency rule making appeared on May 12, 2010, and a new notice of emergency rule making was published on August 11, 2010. The amendments expire on October 19, 2010. The original notice of emergency rule making appeared on May 12, 2010 and notices of emergency rule making were published on August 11 and November 10, 2010. The amendments expire on January 17, 2011. The original notice of emergency rule making appeared on May 12, 2010 and notices of emergency rule making were published on August 11 and November 10, 2010. The amendments expire on January 17, 2011.
National Highway Traffic Safety Administration: Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs) [57 Fed Reg 11772 (1992); 71 Fed Reg 8047 (Feb. 15, 2006) (available through GPO Access)]
The National Highway Traffic Safety Administration has proposed revisions to these Model Specifications. The deadline for written comments is December 6, 2010.
Office of Probation and Correctional Alternatives: Ignition Interlock Program Materials
Ignition Interlock webpage: includes links to forms, laws and regulations, manufacturer and vendor information, approved ignition interlock devices, county plans, and contact information for each county’s probation and conditional discharge monitors. This page contains the most recent information regarding qualified manufacturers, service center locations, available devices, and probation and conditional discharge monitors.
OPCA Presentations on the Ignition Interlock Program
Presentation to the New York State Judicial Institute (August 3, 2010)
Presentation to the New York State Prosecutors Training Institute (July 29, 2010)
Presentation to the New York State Division of Criminal Justice Services (August 24, 2010)
Presentation to the New York State Sheriffs Association (September 14, 2010)
Presentation at the 11th Annual International Alcohol Interlock Conference (October 17-19, 2010)
Presentation at the National Ignition Interlock Summit (November 4, 2010)
Director's Memo #2010-4: Ignition Interlock Regulations (April 23, 2010)
Information about the emergency rule (9 NYCRR Part 358), the application process for manufacturers/vendors of ignition interlock devices, and the requirements for county plans for monitoring persons subject to an ignition interlock condition.
Request for Applications: Provision of Ignition Interlock Services in NYS
Ignition Interlock Manufacturer Application and Application Attachment A
Director's Memo #2010-5: Child Passenger Protection Act (“Leandra’s Law”) Ignition Interlock County/City Plan (May 6, 2010) -- Disseminating a sample plan document to assist counties and NYC in complying with the June 15, 2010 deadline for submission of plans to DPCA.
Director's Memo #2010-9: Leandra’s Law—Ignition Interlock Devices, New York State Qualified Manufacturers & Price Schedules (July 15, 2010) -- Announcing that OPCA signed three-year agreements with 7 ignition interlock manufacturers/vendors.
Ignition Interlock Available Devices and Features (July 15, 2010)
Qualified Manufacturers Listing (updated July 15, 2010)
Device Availability and Features Table as of July 15, 2010
Ignition Interlock Regions
Director’s Memorandum #2010-12: Leandra’s Law—Ignition Interlock Update: New York State Qualified Manufacturers & Price Schedules, Installation/Service Provider Listing, Interlock Monitor Directories, and Availability of County Plans (August 10, 2010)
Qualified Manufacturer Listing (updated August 9, 2010)
Ignition Interlock Available Devices and Features (as of August 15, 2010)
Ignition Interlock Service Centers (as of August 15, 2010)
Conditional Discharge Monitors (as of August 15, 2010)
Probation Supervision Monitors (as of August 15, 2010)
Open and Continuous Request for Applications: Provision of Ignition Interlock Services in New York State
Application Attachment A
Ignition Interlock Manufacturer Certification Form
Universal Application for Qualified Manufacturers released [for adding new ignition interlock devices, adding features to certified devices, notification of reduction/elimination of fees and changes in installation/service providers] (October 6, 2010)
Updated directories: Service Center Locations, Probation Supervision Monitors, and Conditional Discharge Monitors (October 26, 2010)
Ignition Interlock Device Cost and the Financial Disclosure Report for Determining Ability to Pay for the Device
A person subject to an ignition interlock condition must pay for the installation and maintenance of the device on each vehicle he/she owns or operates, unless the court determines that the person is financially unable to afford this cost. If such a finding is made, the court may waive the cost or impose a payment plan. [VTL § 1198(5)(a)]. In those cases, manufacturers/vendors must provide ignition interlock devices for free or in accordance with the court-imposed payment plan. [9 NYCRR 358.5(c)(3)].
Financial Disclosure Report (Spanish Version PDF): The costs and maintenance of the ignition interlock device are addressed in 9 NYCRR 358.8. Defendants who assert they are financially unable to pay for the device must complete the financial disclosure report and give the court three copies of it prior to sentencing. According to section 358.8(b), the court will distribute the report to the prosecution and defense counsel.
Cost of Installing, Maintaining, and De-Installing an Ignition Interlock Device: Information about the costs associated with each device is available in OPCA’s Ignition Interlock Available Devices and Features. When setting their maximum fee schedules, manufacturers/vendors were instructed to assume a 10% waiver of the fees due to operator unaffordability. Manufacturers may seek rate adjustments from OPCA beginning in February 2011 and annually thereafter. [9 NYCRR 358.5(b)(2)].
Ignition Interlock Devices
Six manufacturers/vendors have been approved to offer ignition interlock devices in New York State beginning on August 15, 2010. Manufacturers must agree to service every county within a region and ensure that there is an installation/service provider within 50 miles of the operator’s residence or location where the vehicle is parked or garaged, whichever is closer. [9 NYCRR 358.5(c)(4)]
The state is divided into four regions for purposes of the ignition interlock program:
Region 1: Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates counties
Region 2: Broome, Chenango, Clinton, Cortland, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, St. Lawrence, Tioga, and Tompkins counties
Region 3: Albany, Columbia, Delaware, Dutchess, Greene, Montgomery, Orange, Otsego, Putnam, Rensselaer, Rockland, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren, and Washington counties
Region 4: Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, and Westchester counties
Smart Start, Inc./Smart Start of New York
Regions 1, 2, 3 & 4
Devices: Smart Start SSI-1000 and Smart Start 2020
Consumer Safety Technology
Regions 1, 2, 3 & 4
Devices: Intoxalock 1001A and Intoxalock 1001A with Advanced Wireless Technology
Draeger Safety Diagnostics, Inc.
Regions 1, 2, 3 & 4
Device: Draeger XT
Interceptor Ignition Interlocks, Inc.
Regions 1, 2, 3 & 4
Device: Interceptor M-1
National Interlock Service (NY) Ltd.
Regions 1, 2, 3 & 4
Devices: LifeSafer FC100 (no camera) and LifeSafer FC100 (camera)
Sens-O-Lock of America, LLC
Regions 1, 2, 3 & 4
Device: Best Labs FR9000
A seventh manufacturer, Alcohol Countermeasure Systems Corp., appeared on the July 15, 2010 list of qualified manufacturers, but does not appear on the August 9, 2010 list.
Manufacturer Training Videos and User Guides
Several of the approved manufacturers have training videos and user guides on their websites:
Smart Start, Inc.: User instructions, training videos, and general questions
Consumer Safety Technology: Training video
Draeger Safety Diagnostics: Device information
National Interlock Service: Training video and Models and features
Sens-o-Lock: Training video (English) (Spanish) and User’s guide
Ignition Interlock Device Service Centers
Ignition Interlock Device Service Centers (PDF) (as of October 26, 2010)
Ignition Interlock Technology
DUI Breath Interlock Devices Frequently Malfunction, Fox Chicago News (IL), May 6, 2010
Ignition Interlock Devices and Leandra’s Law
Handling the DWI Case in New York (treatise)
New York Driving While Intoxicated (treatise)
New York State Unified Court System: Leandra’s Law
Division of Criminal Justice Services: Fact Sheet
Governor’s Traffic Safety Committee: Leandra's Law Information
Ulster County Stop-DWI: Leandra's Law Information
Warren County District Attorney: Ignition Interlock Forms
Chautauqua County: Leandra's Law (Ignition Interlock)
State Interlock Laws (National Conference of State Legislatures)
Ignition Interlock Devices: Using Technology to Combat Drunk Driving [webinar] (NCSL 2009)
Ignition Interlocks-What You Need to Know (National Highway Traffic Safety Administration 2009)
Key Features for Ignition Interlock Programs (NHTSA 2010)
National College for DUI Defense
Drunk Driving Defense (treatise)
Defense of Drunk Driving Cases: Criminal - Civil (treatise)
Handling Drunk Driving Cases (treatise)
National Motorists Association
DUI: A National Online Resource Library for the Judiciary on Impaired Driving (National Association of State Judicial Educators)
Hardcore Drunk Driving Judicial Guide: A Resource Outlining Judicial Challenges, Effective Strategies and Model Programs (National Association of State Judicial Educators 2004)
Traffic Injury Research Foundationter (Canada)
Alcohol Interlock Symposium
Indigent Funding Initiatives and Opportunities (AIS 2009)
Understanding Behavioural Patterns of Interlocked Offenders to Inform the Efficient and Effective Implementation of Interlock Programs: How Offenders on an Interlock Learn to Comply (Traffic Injury Research Foundation 2010) items.