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New York Penal Law Section 65.10 - Conditions Of Probation And Of Conditional Discharge.Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 65.10 - Conditions Of Probation And Of Conditional Discharge. Sponsored Links
§ 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.
Last modified: July 30, 2006 |