N.Y. Social Services Law § 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.