2006 New York Code - Probation.



 
    §  353.2.  Probation.  1. The court may order a period of probation if
  the court, having regard for the nature and circumstances of  the  crime
  and  the  history,  character and condition of the respondent, is of the
  opinion that:
    (a) placement of respondent is not or may not be necessary;
    (b)  the  respondent  is  in  need  of  guidance,  training  or  other
  assistance which can be effectively administered through probation; and
    (c)  such disposition is consistent with the provisions of subdivision
  two of section 352.2.
    2. When ordering a period of  probation  or  a  conditional  discharge
  pursuant  to section 353.1, the court may, as a condition of such order,
  require that the respondent:
    (a) attend school regularly and obey all rules and regulations of  the
  school;
    (b) obey all reasonable commands of the parent or other person legally
  responsible for the respondent's care;
    (c)  abstain from visiting designated places or associating with named
  individuals;
    (d) avoid injurious or vicious activities;
    (e)  co-operate  with  a  mental  health,  social  services  or  other
  appropriate  community  facility  or  agency  to which the respondent is
  referred;
    (f) make restitution or perform services for the public good  pursuant
  to section 353.6, provided the respondent is over ten years of age;
    (g)  except  when  the  respondent  has been assigned to a facility in
  accordance with subdivision four of section five  hundred  four  of  the
  executive   law,   in  cases  wherein  the  record  indicates  that  the
  consumption of alcohol by the respondent may have  been  a  contributing
  factor,  attend  and  complete  an alcohol awareness program established
  pursuant to section 19.25 of the mental hygiene law; and
    (h) comply with such other reasonable conditions as  the  court  shall
  determine to be necessary or appropriate to ameliorate the conduct which
  gave rise to the filing of the petition or to prevent placement with the
  commissioner of social services or the division for youth.
    3.  When ordering a period of probation, the court may, as a condition
  of such order, further require that the respondent:
    (a) meet with a probation officer when  directed  to  do  so  by  that
  officer  and  permit  the  officer  to  visit  the respondent at home or
  elsewhere;
    (b) permit the probation officer to obtain information from any person
  or agency from whom respondent is receiving or was directed  to  receive
  diagnosis, treatment or counseling;
    (c)  permit  the  probation  officer  to  obtain  information from the
  respondent's school;
    (d) co-operate with the probation officer in seeking to obtain and  in
  accepting  employment, and supply records and reports of earnings to the
  officer when requested to do so;
    (e) obtain permission from the probation officer for any absence  from
  respondent's residence in excess of two weeks; and
    (f)  with  the  consent  of  the division for youth, spend a specified
  portion of the probation period, not exceeding one year, in a non-secure
  facility  provided  by  the  division  for  youth  pursuant  to  article
  nineteen-G of the executive law.
    4.  A  finding that the respondent committed an additional crime after
  probation supervision has  been  ordered  and  prior  to  expiration  or
  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 such order.

5. The respondent must be given a written copy of the conditions at the time probation supervision is ordered. A copy of such conditions must be filed with and become part of the record of the case. 6. The maximum period of probation shall not exceed two years. If the court finds at the conclusion of the original period and after a hearing that exceptional circumstances require an additional year of probation, the court may continue the probation for an additional year.

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