§ 1196. Alcohol and drug rehabilitation program. 1. Program\nestablishment. There is hereby established an alcohol and drug\nrehabilitation program within the department of motor vehicles. The\ncommissioner shall establish, by regulation, the instructional and\nrehabilitative aspects of the program. Such program shall consist of at\nleast fifteen hours and include, but need not be limited to, classroom\ninstruction in areas deemed suitable by the commissioner. No person\nshall be required to attend or participate in such program or any aspect\nthereof for a period exceeding eight months except upon the\nrecommendation of the department of mental hygiene or appropriate health\nofficials administering the program on behalf of a municipality.\n 2. Curriculum. The form, content and method of presentation of the\nvarious aspects of such program shall be established by the\ncommissioner. In the development of the form, curriculum and content of\nsuch program, the commissioner may consult with the commissioner of\nmental health, the director of the division of alcoholism and alcohol\nabuse, the director of the division of substance abuse services and any\nother state department or agency and request and receive assistance from\nthem. The commissioner is also authorized to develop more than one\ncurriculum and course content for such program in order to meet the\nvarying rehabilitative needs of the participants.\n 3. Where available. A course in such program shall be available in at\nleast every county in the state, except where the commissioner\ndetermines that there is not a sufficient number of alcohol or\ndrug-related traffic offenses in a county to mandate the establishment\nof said course, and that provisions be made for the residents of said\ncounty to attend a course in another county where a course exists.\n 4. Eligibility. Participation in the program shall be limited to those\npersons convicted of alcohol or drug-related traffic offenses or persons\nwho have been adjudicated youthful offenders for alcohol or drug-related\ntraffic offenses, or persons found to have been operating a motor\nvehicle after having consumed alcohol in violation of section eleven\nhundred ninety-two-a of this article, who choose to participate and who\nsatisfy the criteria and meet the requirements for participation as\nestablished by this section and the regulations promulgated thereunder;\nprovided, however, in the exercise of discretion, the judge imposing\nsentence may prohibit the defendant from enrolling in such program. The\ncommissioner or deputy may exercise discretion, to reject any person\nfrom participation referred to such program and nothing herein contained\nshall be construed as creating a right to be included in any course or\nprogram established under this section. In addition, no person shall be\npermitted to take part in such program if, during the five years\nimmediately preceding commission of an alcohol or drug-related traffic\noffense or a finding of a violation of section eleven hundred\nninety-two-a of this article, such person has participated in a program\nestablished pursuant to this article or been convicted of a violation of\nany subdivision of section eleven hundred ninety-two of this article\nother than a violation committed prior to November first, nineteen\nhundred eighty-eight, for which such person did not participate in such\nprogram. In the exercise of discretion, the commissioner or a deputy\nshall have the right to expel any participant from the program who fails\nto satisfy the requirements for participation in such program or who\nfails to satisfactorily participate in or attend any aspect of such\nprogram. Notwithstanding any contrary provisions of this chapter,\nsatisfactory participation in and completion of a course in such program\nshall result in the termination of any sentence of imprisonment that may\nhave been imposed by reason of a conviction therefor; provided, however,\nthat nothing containe
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