2006 New York Code - Conditional Discharge.



 
    §  353.1.  Conditional  discharge.  1.  The  court  may  conditionally
  discharge the respondent if the court, having regard for the nature  and
  circumstances  of the crime and for the history, character and condition
  of the respondent, is of the opinion that  consistent  with  subdivision
  two  of  section  352.2,  neither  the  public  interest nor the ends of
  justice would be served by a placement and that probation supervision is
  not appropriate.
    2. When the court orders a conditional discharge the respondent  shall
  be  released  with respect to the finding upon which such order is based
  without placement or  probation  supervision  but  subject,  during  the
  period  of  conditional  discharge,  to  such  conditions  enumerated in
  subdivision two of section 353.2, as the court may determine. The  court
  shall   order   the   period  of  conditional  discharge  authorized  by
  subdivision three and shall specify the conditions to be complied  with.
  The  court may modify or enlarge the conditions at any time prior to the
  expiration or termination of the period of conditional  discharge.  Such
  action  may  not,  however, be taken unless the respondent is personally
  present,  except  that  the  respondent  need  not  be  present  if  the
  modification  consists solely of the elimination or relaxation of one or
  more conditions.
    3. The maximum period of a conditional discharge shall not exceed  one
  year.
    4.  The  respondent  must be given a written copy of the conditions at
  the time a conditional  discharge  is  ordered  or  modified,  provided,
  however, that whenever the respondent has not been personally present at
  the  time  of  a  modification, the court shall notify the respondent in
  writing within twenty  days  after  such  modification,  specifying  the
  nature  of  the  elimination  or  relaxation  of  any  condition and the
  effective date thereof. A copy of such conditions must be filed with and
  become part of the record of the case.
    5. A finding that the respondent committed an additional crime after a
  conditional discharge has been  ordered  and  prior  to  expiration  and
  termination  of  the  period  of  such  order  constitutes  a ground for
  revocation of such order irrespective of whether such fact is  specified
  as a condition of the order.

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