Lead Opinion
Appeal from a judgment of the County Court of Sullivan County (McGuire, J.), rendered December 4, 2013, which revoked defendant’s probation and imposed a sentence of imprisonment.
In April 2013, defendant was convicted of driving while intoxicated, a class E felony, and sentenced to five years of probation, the first six months of which defendant was required to serve in county jail. The sentence of probation included a special condition requiring defendant to wear a Secure Continuous Remote Alcohol Monitoring (hereinafter SCRAM) bracelet and to pay the Rocky Mountain Offender Management System (hereinafter RMOMS) the costs and fees associated with its monitoring of that bracelet.
Although we are reversing the judgment rendered December 4, 2013, we note that, because only the Board of Parole is authorized to impose the conditions of postrelease supervision (see Penal Law § 70.45 [3]; Executive Law §§ 259-c [2]; 259-i; People v Monk, 21 NY3d 27, 32 [2013]; People v Curry, 123 AD3d 1381, 1383-1384 [2014], lv denied 25 NY3d 950 [2015]), County Court also erred to the extent that it imposed certain conditions of defendant’s postrelease supervision at sentencing (see People v Curry, 123 AD3d at 1383-1384).
. A SCRAM bracelet is a transdermial alcohol detection device that continuously measures the alcoholic content of perspiration. The device is “an ankle bracelet that gathers information and transfers that information to a computer for purposes of analysis. Essentially the role of a SCRAM device is to provide the equivalence of ongoing breathalyzers. The fundamental difference between a breathalyzer and a SCRAM [device] is that a breathalyzer analyzes the gas within an individual’s lungs, while the SCRAM [device] analyzes the gas [or vapors] leaving an individual’s skin” (Matter of Angel P., 39 Misc 3d 264, 265 n 1 [Fam Ct, Clinton County 2013]; see Matter of Ashley E. [Mark E.], 68 AD3d 1185, 1187 [2009]).
. We note that, at the time of defendant’s sentencing in 2013, County Court was concerned about the safety of the community if defendant was on probation and in community based treatment, given defendant’s extensive history of alcohol abuse and multiple driving while intoxicated charges. Despite the recommendations of the Probation Department and the People who both sought a sentence of prison time, County Court considered an alternative to incarceration and sentenced defendant to probation “because he was being monitored 24/7.”
Concurrence Opinion
concur. Ordered that the judgment is reversed, on the law, and matter remitted to the County Court of Sullivan County for further proceedings not inconsistent with this Court’s decision.
