2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 11 - (458-L) EDUCATION REFORM PROGRAM
458-L - Education reform program.

 
    § 458-l. Education reform program. 1. As used in this section:
    (a) "eligible person" means an individual who (i) is, or is at risk of
  being, the subject of a person in need of supervision petition in family
  court where elements of an eligible offense have been indicated; or (ii)
  has  been  arrested  for  or  charged with an eligible offense, or it is
  otherwise alleged that such person has committed an eligible offense, as
  that  term  is  defined  in  paragraph  (b)  of  this  subdivision.   In
  determining  whether  to  order an eligible person who has been arrested
  for or charged with an eligible offense as an adult  to  participate  in
  the  education reform program under this section, a judge must consider,
  among other factors, prior participation in the program as an adult.
    (b) "eligible offense" means a crime or offense committed, or, in  the
  case  of a person who is, or is at risk of being the subject of a person
  in need of supervision petition, conduct  engaged  in,  by  an  eligible
  person  that  involved  cyberbullying  or the sending or receipt through
  electronic means of obscenity, as defined in subdivision one of  section
  235.00  of  the  penal  law, or nudity, as defined in subdivision two of
  section 235.20 of the penal  law,  when  the  sender  and  the  receiver
  thereof  were  both  under  the  age  of  twenty  at  the  time  of such
  communication, but not more than five years apart in age.
    (c) "program" means the education reform program developed pursuant to
  subdivision two of this section.
    2. The  office  of  children  and  family  services,  hereinafter  the
  "office," shall develop and implement, in consultation with the division
  of  criminal  justice  services  and  the state education department, an
  education reform program  to  be  provided  to  eligible  persons  as  a
  diversion  program  in accordance with section seven hundred thirty-five
  of the family court act or, as a condition  of  adjustment  pursuant  to
  section  308.1 of the family court act, or as a condition of an order of
  adjournment in contemplation of dismissal, suspended judgment, discharge
  with warning, conditional discharge or  probation  pursuant  to  article
  three or seven of the family court act, as a condition of probation or a
  conditional discharge pursuant to section 60.37 of the penal law or as a
  condition  of  an  adjournment in contemplation of dismissal pursuant to
  section 170.55 of the criminal procedure law, as applicable.
    3. The program shall be available in every judicial department in  the
  state;  provided  that  if  the  office  determines  that there is not a
  sufficient number of eligible  offenses  in  a  judicial  department  to
  mandate  the  implementation  of a program, provisions shall be made for
  the residents of such judicial department to participate in a program in
  another judicial department where a program exists if  practicable  with
  regard to travel and cost, or to complete the education course online.
    4.  Such  program shall be provided in an age-appropriate manner which
  focuses on the crime, offense or conduct,  shall  involve  up  to  eight
  hours  of  instruction  and  shall  provide,  at  a minimum, information
  concerning:
    (a) the legal consequences of  and  potential  penalties  for  sharing
  sexually  suggestive materials, explicit materials or abusive materials,
  including sanctions imposed under applicable federal and state statutes;
    (b)  the  non-legal  consequences  of  sharing   sexually   suggestive
  materials,  explicit  materials or abusive materials, including, but not
  limited to, the possible effect on relationships,  loss  of  educational
  and  employment  opportunities,  and  the  potential for being barred or
  removed from school programs and extracurricular activities;
    (c) how the unique characteristics of  cyberspace  and  the  internet,
  including  the  potential ability of an infinite audience to utilize the
  internet to search for and replicate materials,  can  produce  long-term

  and  unforeseen  consequences for sharing sexually suggestive materials,
  explicit materials or abusive materials; and
    (d)  the  potential connection between bullying and cyber-bullying and
  juveniles sharing sexually suggestive materials, explicit  materials  or
  abusive materials.
    5. The office, in conjunction with the office of court administration,
  the  office  of probation and correctional alternatives and the division
  of criminal justice services, shall provide annual notice regarding  the
  program  to  local  probation  departments,  applicable court personnel,
  county defender offices, organizations or  groups  assigned  to  act  as
  attorneys  for  children,  district  attorneys, presentment agencies and
  county attorneys, for the purpose of such information being provided  to
  each  eligible  person,  his  or  her  attorney and his or her parent or
  guardian where necessary, upon an order that they complete such program.
  The notice shall include, at a  minimum,  a  short  description  of  the
  program, when use of the program is authorized by statute, and the means
  of  accessing  and  completing  the  program.  The office shall maintain
  information on its website regarding the program,  including  directions
  for accessing the program.
    6.  Within  twenty  days  of  the  date upon which the eligible person
  completes the program, the office  shall  provide  such  person  with  a
  certification  that he or she has successfully completed the program and
  the date the  program  was  completed.  The  eligible  person  shall  be
  responsible  for  completing  the  program,  and providing any necessary
  proof of completion.