N.Y. Family Court Act § 353.6: Restitution

§ 353.6. Restitution. 1. At the conclusion of the dispositional

hearing the court may:

(a) recommend as a condition of placement, or order as a condition of

probation or conditional discharge, restitution in an amount

representing a fair and reasonable cost to replace the property, repair

the damage caused by the respondent or provide the victim with

compensation for unreimbursed medical expenses, not, however, to exceed

one thousand five hundred dollars. In the case of a placement, the court

may recommend that the respondent pay out of his or her own funds or

earnings the amount of replacement, damage or unreimbursed medical

expenses, either in a lump sum or in periodic payments in amounts set by

the agency with which he or she is placed, and in the case of probation

or conditional discharge, the court may require that the respondent pay

out of his or her own funds or earnings the amount of replacement,

damage or unreimbursed medical expenses, either in a lump sum or in

periodic payments in amounts set by the court; and/or

(b) order as a condition of placement, probation, or conditional

discharge, services for the public good including in the case of a crime

involving willful, malicious, or unlawful damage or destruction to real

or personal property maintained as a cemetery plot, grave, burial place,

or other place of interment of human remains, services for the

maintenance and repair thereof, taking into consideration the age and

physical condition of the respondent.

2. If the court recommends restitution or requires services for the

public good in conjunction with an order of placement pursuant to

section 353.3 or 353.5, the placement shall be made only to an

authorized agency, including the division for youth, which has adopted

rules and regulations for the supervision of such a program, which rules

and regulations, except in the case of the division for youth, shall be

subject to the approval of the state department of social services. Such

rules and regulations shall include, but not be limited to provisions:

(i) assuring that the conditions of work, including wages, meet the

standards therefor prescribed pursuant to the labor law; (ii) affording

coverage to the respondent under the workers' compensation law as an

employee of such agency, department, division or institution; (iii)

assuring that the entity receiving such services shall not utilize the

same to replace its regular employees; and (iv) providing for reports to

the court not less frequently than every six months.

3. If the court requires restitution or services for the public good

as a condition of probation or conditional discharge, it shall provide

that an agency or person supervise the restitution or services and that

such agency or person report to the court not less frequently than every

six months. Upon the written notice submitted by a school district to

the court and the appropriate probation department or agency which

submits probation recommendations or reports to the court, the court may

provide that such school district shall supervise the performance of

services for the public good.

4. The court, upon receipt of the reports provided for in subdivisions

two and three may, on its own motion or the motion of the agency,

probation service or the presentment agency, hold a hearing pursuant to

section 355.1 to determine whether the dispositional order should be

modified.