§ 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 reason- ably 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 suit- able 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 inter- vention 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 repa- ration, 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 subdi- vision three of section 410.90 of the criminal procedure law after the restitution and reparation part of a sentence of probation or condi- tional 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, asso- ciation, 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 proper- ty, 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 work- ers 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 subdi- vision 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 avail- able 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-re- sidential 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 rehabili- tation. 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 permis- sion to leave by the court or the probation officer; and (c) Answer all reasonable inquiries by the probation officer and noti- fy 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 subdivi- sions 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 requir- ing 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, the court shall require, as a mandatory condi- tion of such sentence, that such sentenced offender shall refrain from knowingly entering into or upon any school grounds, as that term is defined in paragraph (a) of 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 authori- zation of his or her probation officer or the court and the superinten- dent 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 super- intendent 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 neces- sary or appropriate to ameliorate the conduct which gave rise to the offense or to prevent the incarceration of the defendant.
(For verification consult Official Text at Senate Gopher site.)