N.Y. Comp. Codes R. & Regs. tit. 9 § 358.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 358.8 - Costs and maintenance

(a) Any operator shall pay the cost of installing and maintaining the ignition interlock device unless the operator has been determined to be financially unable to afford the cost of the ignition interlock device by the applicable criminal court whereupon such cost may be imposed pursuant to a payment plan or waived.

(b) Any operator who claims financial inability to pay for the device shall submit in advance of any pre-sentence release or sentencing three copies of his or her financial disclosure report, on a form prescribed by the division, to the criminal court which shall distribute copies to the District Attorney and defense counsel. The report shall enumerate factors which may be considered by the court with respect to financial inability of the operator to pay for the device and shall include, but not be limited to income from all sources, assets, and expenses. This report shall be made available to assist the court in determining whether or not the operator is financially able to afford the cost of the ignition interlock device, and if not whether to impose a payment plan. Where it is determined that a payment plan is not feasible, the court shall determine whether the fee/charge for the device shall be waived.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 358.8

Amended New York State Register October 18, 2017/Volume XXXIX, Issue 42, eff. 11/15/2017