§ 1196. Alcohol and drug rehabilitation program. 1. Program
establishment. There is hereby established an alcohol and drug
rehabilitation program within the department of motor vehicles. The
commissioner shall establish, by regulation, the instructional and
rehabilitative aspects of the program. Such program shall consist of at
least fifteen hours and include, but need not be limited to, classroom
instruction in areas deemed suitable by the commissioner. No person
shall be required to attend or participate in such program or any aspect
thereof for a period exceeding eight months except upon the
recommendation of the department of mental hygiene or appropriate health
officials administering the program on behalf of a municipality.

2. Curriculum. The form, content and method of presentation of the
various aspects of such program shall be established by the
commissioner. In the development of the form, curriculum and content of
such program, the commissioner may consult with the commissioner of
mental health, the director of the division of alcoholism and alcohol
abuse, the director of the division of substance abuse services and any
other state department or agency and request and receive assistance from
them. The commissioner is also authorized to develop more than one
curriculum and course content for such program in order to meet the
varying rehabilitative needs of the participants.

3. Where available. A course in such program shall be available in at
least every county in the state, except where the commissioner
determines that there is not a sufficient number of alcohol or
drug-related traffic offenses in a county to mandate the establishment
of said course, and that provisions be made for the residents of said
county to attend a course in another county where a course exists.

4. Eligibility. Participation in the program shall be limited to those
persons convicted of alcohol or drug-related traffic offenses or persons
who have been adjudicated youthful offenders for alcohol or drug-related
traffic offenses, or persons found to have been operating a motor
vehicle after having consumed alcohol in violation of section eleven
hundred ninety-two-a of this article, who choose to participate and who
satisfy the criteria and meet the requirements for participation as
established by this section and the regulations promulgated thereunder;
provided, however, in the exercise of discretion, the judge imposing
sentence may prohibit the defendant from enrolling in such program. The
commissioner or deputy may exercise discretion, to reject any person
from participation referred to such program and nothing herein contained
shall be construed as creating a right to be included in any course or
program established under this section. In addition, no person shall be
permitted to take part in such program if, during the five years
immediately preceding commission of an alcohol or drug-related traffic
offense or a finding of a violation of section eleven hundred
ninety-two-a of this article, such person has participated in a program
established pursuant to this article or been convicted of a violation of
any subdivision of section eleven hundred ninety-two of this article
other than a violation committed prior to November first, nineteen
hundred eighty-eight, for which such person did not participate in such
program. In the exercise of discretion, the commissioner or a deputy
shall have the right to expel any participant from the program who fails
to satisfy the requirements for participation in such program or who
fails to satisfactorily participate in or attend any aspect of such
program. Notwithstanding any contrary provisions of this chapter,
satisfactory participation in and completion of a course in such program
shall result in the termination of any sentence of imprisonment that may
have been imposed by reason of a conviction therefor; provided, however,
that nothing contained in this section shall delay the commencement of
such sentence.

5. Effect of completion. 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 a course in such program as certified by its administrator, a
participant 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 participant's conviction which caused the
participation in such course. In the exercise of discretion, upon
receipt of such application, and upon payment of any civil penalties for
which the applicant may be liable, the commissioner is authorized to
terminate such order or orders and return the participant'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 of restoral is prohibited by subdivision
two of section eleven hundred ninety-three of this article.

6. Fees. The commissioner shall establish a schedule of fees to be
paid by or on behalf of each participant in the program, and may, from
time to time, modify same. Such fees shall defray the ongoing expenses
of the program. Provided, however, that pursuant to an agreement with
the department a municipality, department thereof, or other agency may
conduct a course in such program with all or part of the expense of such
course and program being borne by such municipality, department or
agency. In no event shall such fee be refundable, either for reasons of
the participant's withdrawal or expulsion from such program or
otherwise.

7. Conditional license. (a) Notwithstanding any inconsistent provision
of this chapter, participants in the program, except those penalized
under paragraph (d) of subdivision one of section eleven hundred
ninety-three of this article for any violation of subdivision two,
three, or four of section eleven hundred ninety-two of this article,
may, in the commissioner's discretion, be issued a conditional driver's
license, or if the holder of a license issued by another jurisdiction
valid for operation in this state, a conditional privilege of operating
a motor vehicle in this state. Such a conditional license or privilege
shall be valid only for use, by the holder thereof, (1) enroute to and
from the holder's place of employment, (2) if the holder's employment
requires the operation of a motor vehicle then during the hours thereof,
(3) enroute to and from a class or an activity which is an authorized
part of the alcohol and drug rehabilitation program and at which his
attendance is required, (4) enroute to and from a class or course at an
accredited school, college or university or at a state approved
institution of vocational or technical training, (5) to or from court
ordered probation activities, (6) to and from a motor vehicle office for
the transaction of business relating to such license or program, (7) for
a three hour consecutive daytime period, chosen by the administrators of
the program, on a day during which the participant is not engaged in
usual employment or vocation, (8) enroute to and from a medical
examination or treatment as part of a necessary medical treatment for
such participant or member of the participant's household, as evidenced
by a written statement to that effect from a licensed medical
practitioner, and (9) enroute to and from a place, including a school,
at which a child or children of the holder are cared for on a regular
basis and which is necessary for the holder to maintain such holder's
employment or enrollment at an accredited school, college or university
or at a state approved institution of vocational or technical training.
Such license or privilege shall remain in effect during the term of the
suspension or revocation of the participant's license or privilege
unless earlier revoked by the commissioner.

(b) The conditional license or privilege described in paragraph (a) of
this subdivision shall be in a form prescribed by the commissioner, and
shall have indicated thereon the conditions imposed by such paragraph.

(c) Upon receipt of a conditional license issued pursuant to this
section, any order issued by a judge, justice or magistrate pursuant to
paragraph (c) of subdivision two of section eleven hundred ninety-three
of this article shall be surrendered to the department.

(d) The commissioner shall require applicants for a conditional
license to pay a fee of seventy-five dollars for processing costs. Such
fees assessed under this subdivision shall be paid to the commissioner
for deposit to the general fund and shall be in addition to any fees
established by the commissioner pursuant to subdivision six of this
section to defray the costs of the alcohol and drug rehabilitation
program.

(e) The conditional license or privileges described in this
subdivision may be revoked by the commissioner, for sufficient cause
including, but not limited to, failure to register in the program,
failure to attend or satisfactorily participate in the sessions,
conviction of any traffic infraction other than one involving parking,
stopping or standing or conviction of any alcohol or drug-related
traffic offense, misdemeanor or felony. In addition, the commissioner
shall have the right, after a hearing, to revoke the conditional license
or privilege upon receiving notification or evidence that the offender
is not attempting in good faith to accept rehabilitation. In the event
of such revocation, the fee described in subdivision six of this section
shall not be refunded.

(f) It shall be a traffic infraction for the holder of a conditional
license or privilege to operate a motor vehicle upon a public highway
for any use other than those authorized pursuant to paragraph (a) of
this subdivision. When a person is convicted of this offense, the
sentence of the court must be a fine of not less than two hundred
dollars nor more than five hundred dollars or a term of imprisonment of
not more than fifteen days or both such fine and imprisonment.
Additionally, the conditional license or privileges described in this
subdivision shall be revoked by the commissioner upon receiving
notification from the court that the holder thereof has been convicted
of this offense.

(g) Notwithstanding anything to the contrary contained in a
certificate of relief from disabilities or a certificate of good conduct
issued pursuant to article twenty-three of the correction law, any
conditional license or privilege issued to a person convicted of a
violation of any subdivision of section eleven hundred ninety-two of
this article shall not be valid for the operation of any commercial
motor vehicle. In addition, no such conditional license or privilege
shall be valid for the operation of a taxicab as defined in this
chapter.

(h) Notwithstanding any inconsistent provision of this chapter, the
conditional license described in this subdivision may, pursuant to
regulations established by the commissioner, be issued to a person whose
license has been suspended pending prosecution pursuant to subparagraph
seven of paragraph (e) of subdivision two of section eleven hundred
ninety-three of this article.