N.Y. VAT. LAW § 1198-a : NY Code - Section 1198-A: Special procedures and disposition involving alcohol and substance abuse assessment and treatment

Search N.Y. VAT. LAW § 1198-a : NY Code - Section 1198-A: Special procedures and disposition involving alcohol and substance abuse assessment and treatment

1. Definitions.  For  purposes
  of this section, the following terms shall have the following meanings:
    (a)  "Alcohol  and  substance  abuse  professional" shall mean persons
  credentialed by the office of alcoholism and substance abuse services to
  provide alcohol and substance abuse  services  pursuant  to  the  mental
  hygiene law and persons licensed by the state education department in an
  appropriate  health  field,  including  licensed clinical social worker,
  licensed master social worker, licensed mental health  counselor,  nurse
  practitioner,    physician,    physician's    assistant,   psychiatrist,
  psychologist, and registered nurse.
    (b) "Licensed agency" shall mean an agency licensed by the  office  of
  alcoholism and substance abuse services to provide alcohol and substance
  abuse services pursuant to the mental hygiene law.
    2.  Procedure.  (a)  Mandatory  screening;  when  authorized. Upon the
  arraignment of, or  at  the  discretion  of  the  court,  prior  to  the
  sentencing of any person who (i) at arraignment is charged with or prior
  to  sentencing  convicted  of  a  first  violation  of operating a motor
  vehicle in violation of subdivision one, two or three of section  eleven
  hundred  ninety-two  of this article while such person has less than .15
  of one per centum by weight of alcohol in the person's blood as shown by
  chemical analysis of such person's blood, breath, urine or  saliva  made
  pursuant to the provisions of section eleven hundred ninety-four of this
  article,  or  in  violation  of  subdivision four of such section eleven
  hundred ninety-two, or (ii) has refused to submit  to  a  chemical  test
  pursuant  to  section  eleven  hundred  ninety-four of this article, the
  court shall order such person to submit  to  screening  for  alcohol  or
  substance  abuse  and  dependency using a standardized written screening
  instrument developed by the office of  alcoholism  and  substance  abuse
  services,   to   be  administered  by  an  alcohol  or  substance  abuse
  professional.
    (b) Mandatory assessment; when authorized. The  court  shall  order  a
  defendant  to undergo a formal alcohol or substance abuse and dependency
  assessment by an alcohol or substance abuse professional or  a  licensed
  agency:  (i)  when  the  screening  required  by  paragraph  (a) of this
  subdivision indicates that a defendant  is  abusing  or  dependent  upon
  alcohol  or  drugs; (ii) following the arraignment of any person charged
  with or, at the discretion of the court, prior to the sentencing of  any
  person  convicted of a violation of subdivision one, two, three, four or
  four-a of section eleven hundred ninety-two of this article after having
  been convicted of a violation  of  any  subdivision  of  section  eleven
  hundred ninety-two of this article or of vehicular assault in the second
  or first degree, as defined, respectively, in sections 120.03 and 120.04
  of  the  penal  law  or  of  aggravated vehicular assault, as defined in
  section 120.04-a of the penal law or of vehicular  manslaughter  in  the
  second or first degree, as defined, respectively, in sections 125.12 and
  125.13  of the penal law or of aggravated vehicular homicide, as defined
  in section 125.14 of such law within the preceding five years  or  after
  having  been convicted of a violation of any subdivision of such section
  or of vehicular assault in the  second  or  first  degree,  as  defined,
  respectively,  in  sections  120.03  and  120.04  of the penal law or of
  aggravated vehicular assault, as defined  in  section  120.04-a  of  the
  penal law or of vehicular manslaughter in the second or first degree, as
  defined, respectively, in sections 125.12 and 125.13 of the penal law or
  of  aggravated  vehicular homicide, as defined in section 125.14 of such
  law, two or  more  times  within  the  preceding  ten  years;  or  (iii)
  following  the  arraignment  of  any  person  charged  with  or,  at the
  discretion of the court, prior to the sentencing of any person convicted

  of operating a motor vehicle in violation of subdivision two or three of
  section eleven hundred ninety-two of this article while such person  has
  .15 of one per centum or more by weight of alcohol in the person's blood
  as shown by a chemical analysis of such person's blood, breath, urine or
  saliva  made  pursuant  to  the  provisions  of  section  eleven hundred
  ninety-four of this article or in  violation  of  subdivision  two-a  of
  section eleven hundred ninety-two of this article.
    (c) Mandatory assessment; procedure. The assessment ordered by a court
  pursuant  to  this section shall be performed by an alcohol or substance
  abuse professional or a licensed agency which shall forward the results,
  in writing, to the court and to the defendant  or  his  or  her  counsel
  within thirty days of the date of such order.
    3.   Authorized  disposition.  When  a  sentence  of  probation  or  a
  conditional discharge is imposed upon a person who has been required  to
  undergo an alcohol or substance abuse and dependency assessment pursuant
  to  subdivision  two of this section and where such assessment indicates
  that such person is in need of treatment for alcohol or substance  abuse
  or dependency, the court shall require, as a condition of such sentence,
  that   such   person  participate  in  and  successfully  complete  such
  treatment. Such treatment shall be provided by an alcohol  or  substance
  abuse professional or a licensed agency.
    4.  Any  case  wherein  a  court  has  accepted a plea pursuant to the
  provisions of subparagraph (ii) of paragraph (a) of subdivision  ten  of
  section eleven hundred ninety-two of this article and such plea includes
  as  a  condition  thereof  that  the  defendant  attend and complete the
  alcohol and drug rehabilitation program established pursuant to  section
  eleven  hundred ninety-six of this article, including any assessment and
  treatment required thereby, shall be deemed to be in compliance with the
  provisions of this section.
    5. The chief administrator of the office of court administration shall
  make available to all courts in this state with jurisdiction in criminal
  cases a list of alcohol and substance abuse professionals  and  licensed
  agencies  as  provided  by  the office of alcoholism and substance abuse
  services pursuant to subdivision (g) of  section  19.07  of  the  mental
  hygiene law.
    6.  Confidentiality  of  records.  (a)  The records and content of all
  screenings,  assessments  and  treatment  conducted  pursuant  to   this
  section,  including  the  identity,  diagnosis  and  prognosis  of  each
  individual who is  the  subject  of  such  records,  and  including  any
  statements  or  admissions  of such individual made during the course of
  such screenings, assessments and treatment, shall be confidential, shall
  not be disclosed except as authorized by this subdivision, and shall not
  be  entered  or  received  as  evidence  at  any  civil,   criminal   or
  administrative  trial,  hearing  or  proceeding. No person, other than a
  defendant to whom  such  records  are  disclosed,  may  redisclose  such
  records.
    (b)  Consistent with Section 290 dd-2 of Title 42 of the United States
  Code, as such law may, from time to time, be amended, such  records  and
  content may only be disclosed as follows:
    (i)  to  a court for the sole purpose of requiring a defendant charged
  with or convicted of a violation of subdivision one, two, two-a,  three,
  four  or  four-a of section eleven hundred ninety-two of this article to
  undergo  alcohol  or  substance  abuse  or  dependency   assessment   or
  treatment;
    (ii) to the defendant or his or her authorized representative; and
    (iii) to medical personnel to the extent necessary to meet a bona fide
  medical emergency.

    7.   Effect   of  completion  of  treatment.  Except  as  provided  in
  subparagraph nine of paragraph (b) of subdivision two of section  eleven
  hundred  ninety-three  or  in  subparagraph  three  of  paragraph (d) of
  subdivision two of section eleven hundred ninety-four of  this  article,
  upon successful completion of treatment ordered pursuant to this section
  as  certified by the alcohol or substance abuse professional or licensed
  agency which provided such treatment, the defendant  may  apply  to  the
  commissioner on a form provided for that purpose, for the termination of
  the suspension or revocation order issued as a result of the defendant's
  conviction.  In  the  exercise  of  discretion,  upon  receipt  of  such
  application, and upon payment of  any  civil  penalties  for  which  the
  defendant  may  be  liable,  the commissioner is authorized to terminate
  such order or orders and return the defendant's license or reinstate the
  privilege of operating a motor  vehicle  in  this  state.  However,  the
  commissioner  shall  not  issue  any new license nor restore any license
  where said issuance or restoration is prohibited by subdivision  two  of
  section eleven hundred ninety-three of this article.