Lawmakers suggest challenging state’s new DWI law
NORWICH – The Chenango County Safety and Rules Committee has asked the county’s attorney to consider entering into a lawsuit being spearheaded by Wayne County against New York State for requiring it to mandate Leandra’s Law, a state law that some are calling another unfunded mandate.
The legislation, passed in November, makes any DWI charge with children in the vehicle a felony offense and anyone convicted of DWI at all, including first-time offenders, to have an ignition interlock system installed into their vehicle for a minimum of six months, as determined by a judge.
The first part of Leandra’s Law went into effect in January. The latter, and more controversial part, goes into effect Aug. 15.
By default, all counties’ probation departments are expected to enforce DWI felons’ compliance with what is essentially a breathalyzer that controls an auto’s ignition system. The system requires the driver to take repeated tests for every 20 minutes of driving. If failed, the vehicle would slow to a stop and not be able to start again. The interlock system would send a report to the manufacturer who, in turn, would send it to the county’s probation departments.
Chenango County Director of Probation Laureen J. Clarke told members of Safety & Rules in July that she would need to add a full-time officer’s assistant next year in order to handle the extra work. She estimates that the legislation would triple the number of cases coming through her department.
“Chairman Decker agreed it would be a burden,” she said, upon requesting the new position.
There were 28 offenders on probation for DWI in 2008 and 78 on conditional discharge. Based on those statistics, Clarke said probation could conceivably get 40 cases between now and Dec. 31.
“Conditional discharge cases never come to us. (They are currently dealt with by the local courts.) But, they will now all fall to us. We’ve always monitored felony probation cases and now we will have to monitor misdemeanor probation as well as conditional discharges. In the case of ignition interlock, will now be our agency that has to get involved in enforcing that order,” she said.
Leandra’s Law has provisions for the offender to cover both the approximately $80 expense for the device and approximately $70 monthly monitoring fee, but it is up to a judge to determine.
“It’s uncertain what the courts will do,” Clarke said. “If the court waves the fee for majority of offenders, then the manufacturer loses out on payment for the devices and the costs of them go up.”
Supervisor George Seneck, R-Guilford, said he wasn’t in favor of creating a new position or spending more money, but said he “would have us prepared.” His motion to add the position was seconded by committee Chairman Jack Cook, R-Greene. It failed to pass by a majority.
Supervisor Jerry Kreiner, R-Plymouth, said he wouldn’t vote for a new position until “thinking out of the box” is exhausted.
Town of Norwich Supervisor David C. Law’s motion did pass, however. The Republican moved to refer to the county’s attorney and chairman the task of researching the cost and viability of entering Wayne County’s lawsuit against New York State. Wayne is hoping to unite counties across the state in a civil suit against the state for mandating a law without providing funding.
Clarke said Monday that she had received communication from Chenango County Attorney Richard Breslin that suggest the prospects for pursuing a lawsuit were slim.
“It looks like counties suing a state is different than a state suing the federal government because counties don’t have the same constitutional protections,” she said.
Probation departments are the monitoring agencies for the program if no other entity assumes the responsibility. Other counties have designated the District Attorney’s office, the Stop DWI coordinator, or the Sheriff to take on the job. Safety & Rules discussed all of those options, and Law followed up with a referral to Chairman Richard B. Decker to set up a meeting with the Stop DWI coordinator, the Sheriff and Clarke “to come up with a reason why they (each entity) shouldn’t they be coordinating it, and if so, how they would handle it.”
As many as 11 other counties have failed to designate at all, and some named the state police. Town of Coventry Supervisor John Phelan and Kreiner have also suggested naming the state police to perform the task. Clarke said that that proposal had been rejected by the state.
The legislation, passed in November, makes any DWI charge with children in the vehicle a felony offense and anyone convicted of DWI at all, including first-time offenders, to have an ignition interlock system installed into their vehicle for a minimum of six months, as determined by a judge.
The first part of Leandra’s Law went into effect in January. The latter, and more controversial part, goes into effect Aug. 15.
By default, all counties’ probation departments are expected to enforce DWI felons’ compliance with what is essentially a breathalyzer that controls an auto’s ignition system. The system requires the driver to take repeated tests for every 20 minutes of driving. If failed, the vehicle would slow to a stop and not be able to start again. The interlock system would send a report to the manufacturer who, in turn, would send it to the county’s probation departments.
Chenango County Director of Probation Laureen J. Clarke told members of Safety & Rules in July that she would need to add a full-time officer’s assistant next year in order to handle the extra work. She estimates that the legislation would triple the number of cases coming through her department.
“Chairman Decker agreed it would be a burden,” she said, upon requesting the new position.
There were 28 offenders on probation for DWI in 2008 and 78 on conditional discharge. Based on those statistics, Clarke said probation could conceivably get 40 cases between now and Dec. 31.
“Conditional discharge cases never come to us. (They are currently dealt with by the local courts.) But, they will now all fall to us. We’ve always monitored felony probation cases and now we will have to monitor misdemeanor probation as well as conditional discharges. In the case of ignition interlock, will now be our agency that has to get involved in enforcing that order,” she said.
Leandra’s Law has provisions for the offender to cover both the approximately $80 expense for the device and approximately $70 monthly monitoring fee, but it is up to a judge to determine.
“It’s uncertain what the courts will do,” Clarke said. “If the court waves the fee for majority of offenders, then the manufacturer loses out on payment for the devices and the costs of them go up.”
Supervisor George Seneck, R-Guilford, said he wasn’t in favor of creating a new position or spending more money, but said he “would have us prepared.” His motion to add the position was seconded by committee Chairman Jack Cook, R-Greene. It failed to pass by a majority.
Supervisor Jerry Kreiner, R-Plymouth, said he wouldn’t vote for a new position until “thinking out of the box” is exhausted.
Town of Norwich Supervisor David C. Law’s motion did pass, however. The Republican moved to refer to the county’s attorney and chairman the task of researching the cost and viability of entering Wayne County’s lawsuit against New York State. Wayne is hoping to unite counties across the state in a civil suit against the state for mandating a law without providing funding.
Clarke said Monday that she had received communication from Chenango County Attorney Richard Breslin that suggest the prospects for pursuing a lawsuit were slim.
“It looks like counties suing a state is different than a state suing the federal government because counties don’t have the same constitutional protections,” she said.
Probation departments are the monitoring agencies for the program if no other entity assumes the responsibility. Other counties have designated the District Attorney’s office, the Stop DWI coordinator, or the Sheriff to take on the job. Safety & Rules discussed all of those options, and Law followed up with a referral to Chairman Richard B. Decker to set up a meeting with the Stop DWI coordinator, the Sheriff and Clarke “to come up with a reason why they (each entity) shouldn’t they be coordinating it, and if so, how they would handle it.”
As many as 11 other counties have failed to designate at all, and some named the state police. Town of Coventry Supervisor John Phelan and Kreiner have also suggested naming the state police to perform the task. Clarke said that that proposal had been rejected by the state.
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