N.Y. Penal Law § 65.10: 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;

(e-1) Participate in a motor vehicle accident prevention course. The

court may require such condition where a person has been convicted of a

traffic infraction for a violation of article twenty-six of the vehicle

and traffic law where the commission of such violation caused the

serious physical injury or death of another person. For purposes of this

paragraph, the term "motor vehicle accident prevention course" shall

mean a motor vehicle accident prevention course approved by the

department of motor vehicles pursuant to article twelve-B of the vehicle

and traffic law;

(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 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, two-a 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. The offender shall be required to

install and operate the ignition interlock device only in accordance

with section eleven hundred ninety-eight of the vehicle and traffic law.

(k-2) (i) Refrain, upon sentencing for a crime involving unlawful

sexual conduct committed against a metropolitan transportation authority

passenger, customer, or employee or a crime involving assault against a

metropolitan transportation authority employee, committed in or on any

facility or conveyance of the metropolitan transportation authority or a

subsidiary thereof or the New York city transit authority or a

subsidiary thereof, from using or entering any of such authority's

subways, trains, buses or other conveyances or facilities specified by

the court for a period of up to three years, or a specified period of

such probation or conditional discharge, whichever is less. For purposes

of this section, a crime involving assault shall mean an offense

described in article one hundred twenty of this chapter which has as an

element the causing of physical injury or serious physical injury to

another as well as the attempt thereof.

(ii) The court may, in its discretion, suspend, modify or cancel a

condition imposed under this paragraph in the interest of justice at any

time. If the person depends on the authority's subways, trains, buses,

or other conveyances or facilities for trips of necessity, including,

but not limited to, travel to or from medical or legal appointments,

school or training classes or places of employment, obtaining food,

clothing or necessary household items, or rendering care to family

members, the court may modify such condition to allow for a trip or

trips as in its discretion are necessary.

(iii) A person at liberty and subject to a condition under this

paragraph who applies, within thirty days after the date such condition

becomes effective, for a refund of any prepaid fare amounts rendered

unusable in whole or in part by such condition including, but not

limited to, a monthly pass, shall be issued a refund of the amounts so

prepaid.

(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. Where a

defendant is granted permission to move or travel outside the

jurisdiction of the court, the defendant shall sign a written waiver of

extradition agreeing to waive extradition proceedings where such

proceedings are the result of the issuance of a warrant by the court

pursuant to subdivision two of section 410.40 of the criminal procedure

law based on an alleged violation of probation. Where any county or the

city of New York incurs costs associated with the return of any

probationer based on the issuance of a warrant by the court pursuant to

subdivision two of section 410.40 of the criminal procedure law, the

jurisdiction may collect the reasonable and necessary expenses involved

in connection with his or her transport, from the probationer; provided

that where the sentence of probation is not revoked pursuant to section

410.70 of the criminal procedure law no such expenses may be collected.

(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 office of probation and correctional

alternatives.

4-a. Mandatory conditions for sex offenders. (a) 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, 255.26 or 255.27 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.

(b) When imposing a sentence of probation or conditional discharge

upon a person convicted of an offense for which registration as a sex

offender is required pursuant to subdivision two or three of section one

hundred sixty-eight-a of the correction law, 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 one hundred sixty-eight-l of the correction

law or the internet was used to facilitate the commission of the crime,

the court shall require, as mandatory conditions of such sentence, that

such sentenced offender be prohibited from using the internet to access

pornographic material, access a commercial social networking website,

communicate with other individuals or groups for the purpose of

promoting sexual relations with persons under the age of eighteen, and

communicate with a person under the age of eighteen when such offender

is over the age of eighteen, provided that the court may permit an

offender to use the internet to communicate with a person under the age

of eighteen when such offender is the parent of a minor child and is not

otherwise prohibited from communicating with such child. Nothing in this

subdivision shall be construed as restricting any other lawful condition

of supervision that may be imposed on such sentenced offender. As used

in this subdivision, a "commercial social networking website" shall mean

any business, organization or other entity operating a website that

permits persons under eighteen years of age to be registered users for

the purpose of establishing personal relationships with other users,

where such persons under eighteen years of age may: (i) create web pages

or profiles that provide information about themselves where such web

pages or profiles are available to the public or to other users; (ii)

engage in direct or real time communication with other users, such as a

chat room or instant messenger; and (iii) communicate with persons over

eighteen years of age; provided, however, that, for purposes of this

subdivision, a commercial social networking website shall not include a

website that permits users to engage in such other activities as are not

enumerated herein.

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.

5-a. Other conditions for sex offenders. When imposing a sentence of

probation upon a person convicted of an offense for which registration

as a sex offender is required pursuant to subdivision two or three of

section one hundred sixty-eight-a of the correction law, in addition to

any conditions required under subdivisions two, three, four, four-a and

five of this section, the court may require that the defendant comply

with a reasonable limitation on his or her use of the internet that the

court determines to be necessary or appropriate to ameliorate the

conduct which gave rise to the offense or to protect public safety,

provided that the court shall not prohibit such sentenced offender from

using the internet in connection with education, lawful employment or

search for lawful employment.