§ 1198-a. Special procedures and disposition involving alcohol and\nsubstance abuse assessment and treatment. 1. Definitions. For purposes\nof this section, the following terms shall have the following meanings:\n (a) "Alcohol and substance abuse professional" shall mean persons\ncredentialed by the office of alcoholism and substance abuse services to\nprovide alcohol and substance abuse services pursuant to the mental\nhygiene law and persons licensed by the state education department in an\nappropriate health field, including licensed clinical social worker,\nlicensed master social worker, licensed mental health counselor, nurse\npractitioner, physician, physician's assistant, psychiatrist,\npsychologist, and registered nurse.\n (b) "Licensed agency" shall mean an agency licensed by the office of\nalcoholism and substance abuse services to provide alcohol and substance\nabuse services pursuant to the mental hygiene law.\n 2. Procedure. (a) Mandatory screening; when authorized. Upon the\narraignment of, or at the discretion of the court, prior to the\nsentencing of any person who (i) at arraignment is charged with or prior\nto sentencing convicted of a first violation of operating a motor\nvehicle in violation of subdivision one, two or three or paragraph (b)\nof subdivision two-a of section eleven hundred ninety-two of this\narticle while such person has less than .15 of one per centum by weight\nof alcohol in the person's blood as shown by chemical analysis of such\nperson's blood, breath, urine or saliva made pursuant to the provisions\nof section eleven hundred ninety-four of this article, or in violation\nof subdivision four of such section eleven hundred ninety-two, or (ii)\nhas refused to submit to a chemical test pursuant to section eleven\nhundred ninety-four of this article, the court shall order such person\nto submit to screening for alcohol or substance abuse and dependency\nusing a standardized written screening instrument developed by the\noffice of alcoholism and substance abuse services, to be administered by\nan alcohol or substance abuse professional.\n (b) Mandatory assessment; when authorized. The court shall order a\ndefendant to undergo a formal alcohol or substance abuse and dependency\nassessment by an alcohol or substance abuse professional or a licensed\nagency: (i) when the screening required by paragraph (a) of this\nsubdivision indicates that a defendant is abusing or dependent upon\nalcohol or drugs; (ii) following the arraignment of any person charged\nwith or, at the discretion of the court, prior to the sentencing of any\nperson convicted of a violation of subdivision one, two, three, four or\nfour-a of section eleven hundred ninety-two of this article after having\nbeen convicted of a violation of any subdivision of section eleven\nhundred ninety-two of this article or of vehicular assault in the second\nor first degree, as defined, respectively, in sections 120.03 and 120.04\nof the penal law or of aggravated vehicular assault, as defined in\nsection 120.04-a of the penal law or of vehicular manslaughter in the\nsecond or first degree, as defined, respectively, in sections 125.12 and\n125.13 of the penal law or of aggravated vehicular homicide, as defined\nin section 125.14 of such law within the preceding five years or after\nhaving been convicted of a violation of any subdivision of such section\nor of vehicular assault in the second or first degree, as defined,\nrespectively, in sections 120.03 and 120.04 of the penal law or of\naggravated vehicular assault, as defined in section 120.04-a of the\npenal law or of vehicular manslaughter in the second or first degree, as\ndefined, respectively, in sections 125.12 and 125.13 of the penal law or\nof aggravated vehicular homicide, as defined in section 125.14 of such\nlaw, two or more times within the preceding ten years; or (iii)\nfollowing the arraignment of any person charged with or, at the\ndiscretion of the court, prior to the senten
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