Office of Probation & Correctional Alternatives Sixth Annual Ignition Interlock Manufacturers’ Conference 9:30 a.m. - 4:30 p.m. Alfred E. Smith Building 80 South Swan Street Albany, New York 12210 July 10, 2015 February 26, 2015 February 26, 2015 July 10, 2015 Update on Leandra’s Law - Impact on Public Safety: Welcome & Introductions- • Robert Maccarone, Deputy Commissioner and Director, DCJS OPCA • Gary Govel, Director of Adult Operations, DCJS OPCA 1
February 26, 2015 February 26, 2015 July 10, 2015 Leandra’s Law February 26, 2015 February 26, 2015 July 10, 2015 Leandra’s Law November 18, 2009 : Former Governor, David Paterson, signed Chapter 496 of the Laws of 2009, otherwise known as “Leandra’s Law.” FIRST Effective Date - December 18, 2009: New Class E Felony Offense-Enhanced Penalties for Persons who Operate a Motor Vehicle while Intoxicated, with a Child Passenger under 16 years of age. Penalty of up to 4 years in state prison. 2
February 26, 2015 February 26, 2015 July 10, 2015 Leandra’s Law Second Effective Date August 15, 2010 – VTL § 1192 (2), (2-a), or (3) Requires that persons convicted of having committed VTL Section 1192 misdemeanor or felony DWI crimes, on or after the date of enactment, (November 18, 2009) and sentenced on or after August 15, 2010; shall be sentenced to a period of probation or conditional discharge, in addition to any sentence of imprisonment or payment of any fine or penalty imposed, and that they be ordered to install an Ignition Interlock Device (IID) in any motor vehicle they “own or operate.” The term of probation or conditional discharge shall run consecutive to any term of imprisonment. The IID condition appears on the NYS Driver’s License and the Driver’s License File. February 26, 2015 February 26, 2015 July 10, 2015 Chapter 169 of the Laws of 2013 July 26, 2013 - Governor Cuomo signed Chapter 169 of the Laws of 2013, amending Chapter 496 of the Laws of 2009 and strengthening Leandra’s Law. The new law applies to those violations committed on or after November 1, 2013 and accomplishes the following: Extends the period of interlock restriction to a minimum of 12 months (from 6 months). Installation requirement shall terminate upon submission of proof from the offender that they had installed and maintained the device for at least six (6) months unless the court ordered a longer duration of installation. Authorizes the imposition of IIDs to be installed prior to sentencing as a preventive measure. The period of IID restriction will commence from the earlier of the date of sentencing or the date an IID was installed in advance of sentencing. 3
February 26, 2015 February 26, 2015 July 10, 2015 Chapter 169 of the Laws of 2013 Those defendants who claim he/she is not the owner of any motor vehicle and that he/she will not operate any motor vehicle during the period of interlock restriction must assert such under oath and on the court record. Revised language potentially subjects an offender to additional charges (i.e., Perjury) if he/she is found to have intentionally made a false statement to a court. “Owner” shall have the same meaning as provided in Vehicle and Traffic Law § 128. February 26, 2015 February 26, 2015 July 10, 2015 Chapter 169 of the Laws of 2013 Ensures that youth adjudicated as Youthful Offenders of DWI will be subject to Leandra’s Law provisions, including the ignition interlock requirement. Expands upon the Class E Felony , Aggravated Unlicensed Operation 1 st degree to capture operators who were given the benefit of a conditional license after a DWI and/or alcohol related offense and then drive impaired again. 4
February 26, 2015 February 26, 2015 July 10, 2015 Proposed Amendments to Part 358 to Accomplish the Following Goals: Ensure consistency with Chapter 169 of the Laws of 2013 for New York State, including the provision that courts may order the installation of the IID prior to sentencing. Ensure consistency with the National Highway Traffic Safety Administration (NHTSA) recommended standards for states. Recognize the necessity for lowered breath test volume in IID’s for individuals with documented medical conditions. Define Real-Time Reporting consistent with IID advancing technologies. Define Emergency Response Protocol to ensure statewide consistency for counties implementing such. Clarify the requirement that operators report for service visits, consistent with the classification of IID’s. February 26, 2015 February 26, 2015 July 10, 2015 NYS A LCOHOL -R ELATED M OTOR V EHICLE C RASH F ATALITIES 5
February 26, 2015 February 26, 2015 July 10, 2015 A N ATIONAL P ICTURE – Currently, 25 states require interlocks for ALL offenders Source: MADD NYS Sixth Annual Ignition Interlock Manufacturers’ Conference Albany, New York July y 10, 2015 Presented by Anne Dowling, PhD. Deputy Director Institute for Traffic Safety Management & Research University at Albany 6
Fatal & Personal Injury Crashes VTL 1192 & 1198 Arrests Drivers Sentenced to Ignition Interlock Under Leandra’s law Where & When They Happen Gender & Age of Driver Other Factors Involved 7
Change ge 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2009 2009- 2013 2013 Total F&PI Crashes 121,419 122,181 117,652 114,000 115,701 -4.7% A-R R F&PI PI Cr Crash ashes 5,005 005 4,772 772 4,628 628 4,796 796 4,606 606 -8.0% 0% % of Total 4.1% 3.9% 3.9% 4.2% 4.0% Total Fatalities 1,148 1,192 1,153 1,163 1,188 +3.5% A-R R Fatal alities 361 361 354 354 362 362 358 358 387 387 +7. 7.2% 2% % of Total 31.4% 29.7% 31.4% 30.8% 32.6% Source: NYS DMV AIS Fataliti ties in A-R Crashes (N=1,822) Drivers 991 (54%) Drinking Drivers 908 (50%) Passengers 325 (18%) Drinking Passengers 265 (15%) Pedestrians 458 (25%) Drinking Pedestrians 392 (22%) Bicyclists 48 (3%) Drinking Bicyclists 41 (2%) Source: NYS DMV AIS 8
75% 75% 65% 65% Alcohol-Related… 60% 60% Total 2013… 45% 45% 43% 43% 45% 45% 30% 30% 19% 19% 16% 16% 12% 12% 15% 15% 0% 0% Single Vehicle Multiple Vehicle Vehicle w/Ped/Bike Source: NYS DMV AIS 75% 75% 62% 62% Alcohol-Related Crashes… 60% 60% Tota otal 2013 (N=115,701) 43% 43% 45% 45% 37% 37% 30% 30% 20% 20% 20% 20% 18% 18% 15% 15% 0% 0% Ups Upstate te New w York Cit City Long ng Is Isla land nd Source: NYS DMV AIS 9
% of Lic Dr Dr # % 2013 2013 Suffol olk 2,422 10.2% 9.6% Nassau 1,765 7.4% 8.7% Kings gs 1,499 6.3% 8.1% Erie 1,471 6.2% 5.6% Queens 1,369 5.8% 9.5% Statewi wide 11,425,15 23,807 Total 7 Source: NYS DMV AIS 30% 30% 24% 24% 22% 22% 20% 20% 15% 15% 11% 11% 10% 10% 10% 10% 8% 8% 10% 10% 0% 0% Source: NYS DMV AIS 10
40% 40% 30% 30% 24% 24% 22% 22% 17% 17% 20% 20% 16% 16% 10% 10% 10% 10% 5% 5% 4% 4% 2% 2% 0% 0% Source: NYS DMV AIS 90% 90% 77% 77% 51% 51% 60% 60% 49% 49% 30% 30% 23% 23% 0% 0% Men en Wo Women en Drive Dri vers in Alcoh ohol ol-Related ted Cr Crashes (N=21,871) Li Licensed Dr d Drive vers (N=11 mi million on) Source: NYS DMV AIS 11
40% 40% 35% 35% 26% 26% 30% 30% 21% 21% 20% 20% 19% 19% 18% 18% 17% 17% 20% 20% 15% 15% 12% 12% 9% 9% 5% 5% 10% 10% 4% 4% 0% 0% Under Un der 21-29 30-39 40-49 50-59 60+ 60+ 21 21 Dri Drive vers in Alcoh ohol ol-Related Cr d Crashes (N=21,871) Source: NYS DMV AIS Drive vers (N=21,871) Alcoh ohol ol Invol olve vemen ment 93% 93% Unsafe Speed 25% 25% Drugs gs (Illegal) gal)/Prescripti tion on 3% 3% Medicati tion on Source: NYS DMV AIS 12
Where & When They Happen Gender & Age of Driver Other Offenses Involved Chang e 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2009- 2009 2013 2013 Drive vers Ticketed ted 45,053 43,023 39,164 36,953 34,839 -22.7% Tickets ts Issued 77,750 75,043 68,804 64,668 60,898 -21.7% Source: NYS DMV TSLED 13
Alcoh ohol ol-Impa paired Drive vers (N=34,839) Speeding 21% Drugs (1192.4 & 4a) 3% Seat Belts 3% Cell Phone/Texting 1% Source: NYS DMV TSLED 90% 90% 84% 84% 74% 74% Alcohol Arrests ts (N=34,839) 60% 60% 26% 26% 30% 30% 16% 16% 0% 0% Upstate Ups te Long ng Is Isla land nd Source: NYS DMV TSLED 14
% of Lic Dr Dr # % 2013 2013 Erie 3,071 8.8% 5.6 Suffol olk 3,046 8.7% 9.6 Monroe oe 2,545 7.3% 4.5 Nassau 2,439 7.0% 8.7 Westchester ter 1,861 5.3% 5.7 Total 34,839 7,950,403 Source: NYS DMV TSLED 30% 30% 25% 25% 27% 27% 20% 20% 15% 15% 10% 10% 8% 8% 7% 7% 7% 7% 10% 10% 0% 0% Source: NYS DMV TSLED 15
40% 40% 36% 36% 30% 30% 21% 21% 19% 19% 20% 20% 11% 11% 10% 10% 5% 5% 3% 3% 2% 2% 3% 3% 0% 0% Source: NYS DMV TSLED 80% 80% 75% 75% 51% 51% 60% 60% 49% 49% 40% 40% 25% 25% 20% 20% 0% 0% Men en Women Wo en Alcohol-Imp mpaired Dr d Drive vers (N=34,839) Li Licensed Dr d Drive vers (N=11 mi million on) Source: NYS DMV TSLED 16
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