N.Y. Family Court Act § 353.1: 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. The court may, as a condition of a conditional

discharge, in cases where the record indicates the respondent qualifies

as an eligible person and has been adjudicated for an eligible offense

as defined in section four hundred fifty-eight-l of the social services

law, require the respondent to attend and complete an education reform

program established pursuant to section four hundred fifty-eight-l of

the social services law.

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.