§ 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.
(g-1) Reimburse a consumer credit reporting agency for the amount of
the fee or fees that could have been charged by such agency to a
domestic violence victim, as defined in section three hundred eighty-t
of the general business law, had such victim not been eligible to
receive security freeze services without charge pursuant to subdivision
(n) of such section;
(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 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.
(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 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 promot-
ing sexual relations with persons under the age of eighteen, and commu-
nicate 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 eigh-
teen when such offender is the parent of a minor child and is not other-
wise 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 neces-
sary 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.
NYSentencing