2006 New York Code - Conditions Of Probation And Of Conditional Discharge.

 
  § 65.10 Conditions of probation and of conditional discharge.
    1.  In  general.  The  conditions  of  probation  and  of  conditional
  discharge  shall  be  such  as  the  court,  in  its  discretion,  deems
  reasonably   necessary   to  insure  that  the  defendant  will  lead  a
  law-abiding life or to assist him to do so.
    2. Conditions relating to conduct and rehabilitation. When imposing  a
  sentence of probation or of conditional discharge, the court shall, as a
  condition  of  the sentence, consider restitution or reparation and may,
  as a condition of the sentence, require that the defendant:
    (a) Avoid injurious or vicious habits;
    (b) Refrain  from  frequenting  unlawful  or  disreputable  places  or
  consorting with disreputable persons;
    (c)  Work  faithfully  at a suitable employment or faithfully pursue a
  course of study or of  vocational  training  that  will  equip  him  for
  suitable employment;
    (d) Undergo available medical or psychiatric treatment and remain in a
  specified institution, when required for that purpose;
    (e)  Participate  in  an  alcohol  or  substance  abuse  program or an
  intervention program approved by the court after consultation  with  the
  local  probation department having jurisdiction, or such other public or
  private agency as the court determines to be appropriate;
    (f) Support his dependents and meet other family responsibilities;
    (g) Make restitution of the fruits of  his  or  her  offense  or  make
  reparation,  in  an  amount  he  can  afford  to  pay,  for  the  actual
  out-of-pocket loss caused thereby. When restitution or reparation  is  a
  condition  of  the sentence, the court shall fix the amount thereof, the
  manner of performance, specifically state the date when  restitution  is
  to  be paid in full prior to the expiration of the sentence of probation
  and may establish provisions for the early termination of a sentence  of
  probation  or  conditional  discharge  pursuant  to  the  provisions  of
  subdivision three of section 410.90 of the criminal procedure law  after
  the  restitution  and  reparation  part  of  a  sentence of probation or
  conditional discharge has been satisfied. The court shall  provide  that
  in  the event the person to whom restitution or reparation is to be made
  dies prior to the completion of  said  restitution  or  reparation,  the
  remaining payments shall be made to the estate of the deceased.
    (h)  Perform  services  for  a  public  or not-for-profit corporation,
  association,  institution  or  agency,  including  but  not  limited  to
  services  for  the  division of substance abuse services, services in an
  appropriate community program for removal of  graffiti  from  public  or
  private  property,  including  any  property  damaged  in the underlying
  offense, or services for the maintenance and repair of real or  personal
  property  maintained  as  a  cemetery plot, grave, burial place or other
  place  of  interment  of  human  remains.  Provided  however,  that  the
  performance of any such services shall not result in the displacement of
  employed  workers  or  in  the  impairment  of  existing  contracts  for
  services, nor shall the performance of any such services be required  or
  permitted  in any establishment involved in any labor strike or lockout.
  The court may establish  provisions  for  the  early  termination  of  a
  sentence   of   probation  or  conditional  discharge  pursuant  to  the
  provisions of subdivision  three  of  section  410.90  of  the  criminal
  procedure law after such services have been completed. Such sentence may
  only  be imposed upon conviction of a misdemeanor, violation, or class D
  or class E felony, or a youthful offender  finding  replacing  any  such
  conviction,  where  the  defendant  has  consented  to  the  amount  and
  conditions of such service;
    (i) If a person under the age of twenty-one years,  (i)  resides  with
  his  parents  or  in  a suitable foster home or hostel as referred to in
  section two hundred  forty-four  of  the  executive  law,  (ii)  attends
  school,  (iii)  spends  such  part  of the period of the sentence as the
  court may direct, but not  exceeding  two  years,  in  a  facility  made
  available  by  the  division for youth pursuant to article nineteen-G of
  the executive law, provided that admission to such facility may be  made
  only  with  the  prior  consent of the division for youth, (iv) attend a
  non-residential program for  such  hours  and  pursuant  to  a  schedule
  prescribed  by  the court as suitable for a program of rehabilitation of
  youth, (v) contribute to his own support in any  home,  foster  home  or
  hostel;
    (j)  Post  a  bond or other security for the performance of any or all
  conditions imposed;
    (k) Observe certain specified conditions of conduct as set forth in an
  order of protection issued pursuant to section 530.12 or 530.13  of  the
  criminal procedure law.
    (k-1) Install and maintain a functioning ignition interlock device, as
  that  term  is  defined in section one hundred nineteen-a of the vehicle
  and traffic law, in any vehicle owned or operated on a regular basis  by
  the  defendant  if  the  court  in its discretion determines that such a
  condition is necessary to  ensure  the  public  safety.  The  court  may
  require  such  condition  only  where  a  person has been convicted of a
  violation  of  subdivision  two  or  three  of  section  eleven  hundred
  ninety-two  of  the vehicle and traffic law, or any crime defined by the
  vehicle and traffic law or this  chapter  of  which  an  alcohol-related
  violation  of  any provision of section eleven hundred ninety-two of the
  vehicle and traffic law is an essential element.
    (l)  Satisfy  any  other  conditions   reasonably   related   to   his
  rehabilitation.
    3.  Conditions  relating  to  supervision. When imposing a sentence of
  probation the court, in addition to any conditions imposed  pursuant  to
  subdivision  two  of  this  section,  shall require as conditions of the
  sentence, that the defendant:
    (a) Report to a probation officer as directed  by  the  court  or  the
  probation  officer  and permit the probation officer to visit him at his
  place of abode or elsewhere;
    (b) Remain  within  the  jurisdiction  of  the  court  unless  granted
  permission to leave by the court or the probation officer; and
    (c)  Answer  all  reasonable  inquiries  by  the probation officer and
  notify  the  probation  officer  prior  to  any  change  in  address  or
  employment.
    4.  Electronic  monitoring.  When imposing a sentence of probation the
  court  may,  in  addition  to  any  conditions   imposed   pursuant   to
  subdivisions  two  and  three  of this section, require the defendant to
  submit to the use of an electronic monitoring device and/or to follow  a
  schedule that governs the defendant's daily movement. Such condition may
  be  imposed  only  where  the  court, in its discretion, determines that
  requiring the defendant to  comply  with  such  condition  will  advance
  public   safety,   probationer   control  or  probationer  surveillance.
  Electronic  monitoring  shall  be  used  in  accordance   with   uniform
  procedures  developed  by  the  division  of  probation and correctional
  alternatives.
    4-a. Mandatory condition for sex offenders. When imposing  a  sentence
  of  probation  or  conditional  discharge  upon a person convicted of an
  offense defined in article one hundred thirty, two  hundred  thirty-five
  or  two  hundred  sixty-three of this chapter, or section 255.25 of this
  chapter, and the victim of such offense was under the age of eighteen at
  the time of such offense or such person  has  been  designated  a  level
  three  sex  offender pursuant to subdivision six of section 168-l of the
  correction law, the court shall require, as  a  mandatory  condition  of
  such sentence, that such sentenced offender shall refrain from knowingly
  entering  into  or  upon  any school grounds, as that term is defined in
  subdivision  fourteen  of  section  220.00 of this chapter, or any other
  facility or institution primarily used for  the  care  or  treatment  of
  persons  under  the  age  of  eighteen while one or more of such persons
  under the age of eighteen are present, provided however, that when  such
  sentenced offender is a registered student or participant or an employee
  of such facility or institution or entity contracting therewith or has a
  family  member  enrolled in such facility or institution, such sentenced
  offender may, with the written authorization of  his  or  her  probation
  officer  or  the  court and the superintendent or chief administrator of
  such facility, institution or grounds, enter such facility,  institution
  or  upon  such  grounds  for  the  limited  purposes  authorized  by the
  probation officer or the court  and  superintendent  or  chief  officer.
  Nothing in this subdivision shall be construed as restricting any lawful
  condition of supervision that may be imposed on such sentenced offender.
    5.  Other  conditions. When imposing a sentence of probation the court
  may, in addition to any conditions imposed pursuant to subdivisions two,
  three and four of this section, require that the defendant  comply  with
  any  other  reasonable  condition  as  the  court  shall determine to be
  necessary or appropriate to ameliorate the conduct which  gave  rise  to
  the offense or to prevent the incarceration of the defendant.