N.Y. PEN Law § 65.10 — New York Code / Act PEN / Part 2 / Title E / Article 65 / Section 65.10
Conditions of probation and of conditional discharge
Status: in_force

§ 65.10 Conditions of probation and of conditional discharge.\n  1. In general. The conditions of probation and of conditional\ndischarge shall be such as the court, in its discretion, deems\nreasonably necessary to insure that the defendant will lead a\nlaw-abiding life or to assist him to do so.\n  2. Conditions relating to conduct and rehabilitation. When imposing a\nsentence of probation or of conditional discharge, the court shall, as a\ncondition of the sentence, consider restitution or reparation and may,\nas a condition of the sentence, require that the defendant:\n  (a) Avoid injurious or vicious habits;\n  (b) Refrain from frequenting unlawful or disreputable places or\nconsorting with disreputable persons;\n  (c) Work faithfully at a suitable employment or faithfully pursue a\ncourse of study or of vocational training that will equip him for\nsuitable employment;\n  (d) Undergo available medical or psychiatric treatment and remain in a\nspecified institution, when required for that purpose;\n  (e) Participate in an alcohol or substance abuse program or an\nintervention program approved by the court after consultation with the\nlocal probation department having jurisdiction, or such other public or\nprivate agency as the court determines to be appropriate;\n  (e-1) Participate in a motor vehicle accident prevention course. The\ncourt may require such condition where a person has been convicted of a\ntraffic infraction for a violation of article twenty-six of the vehicle\nand traffic law where the commission of such violation caused the\nserious physical injury or death of another person. For purposes of this\nparagraph, the term "motor vehicle accident prevention course" shall\nmean a motor vehicle accident prevention course approved by the\ndepartment of motor vehicles pursuant to article twelve-B of the vehicle\nand traffic law;\n  (f) Support his dependents and meet other family responsibilities;\n  (g) Make restitution of the fruits of his or her offense or make\nreparation, in an amount he can afford to pay, for the actual\nout-of-pocket loss caused thereby. When restitution or reparation is a\ncondition of the sentence, the court shall fix the amount thereof, the\nmanner of performance, specifically state the date when restitution is\nto be paid in full prior to the expiration of the sentence of probation\nand may establish provisions for the early termination of a sentence of\nprobation or conditional discharge pursuant to the provisions of\nsubdivision three of section 410.90 of the criminal procedure law after\nthe restitution and reparation part of a sentence of probation or\nconditional discharge has been satisfied. The court shall provide that\nin the event the person to whom restitution or reparation is to be made\ndies prior to the completion of said restitution or reparation, the\nremaining payments shall be made to the estate of the deceased.\n  (h) Perform services for a public or not-for-profit corporation,\nassociation, institution or agency, including but not limited to\nservices for the division of substance abuse services, services in an\nappropriate community program for removal of graffiti from public or\nprivate property, including any property damaged in the underlying\noffense, or services for the maintenance and repair of real or personal\nproperty maintained as a cemetery plot, grave, burial place or other\nplace of interment of human remains. Provided however, that the\nperformance of any such services shall not result in the displacement of\nemployed workers or in the impairment of existing contracts for\nservices, nor shall the performance of any such services be required or\npermitted in any establishment involved in any labor strike or lockout.\nThe court may establish provisions for the early termination of a\nsentence of probation or conditional discharge pursuant to the\nprovisions of subdivision three of section 410.90 of the criminal\nprocedure law after such services have been completed. Such sentence may\nonly be imposed upon conviction of a misdemeanor, violation, or class D\nor class E felony, or a youthful offender finding replacing any such\nconviction, where the defendant has consented to the amount and\nconditions of such service;\n  (i) If a person under the age of twenty-one years, (i) resides with\nhis parents or in a suitable foster home or hostel as referred to in\nsection two hundred forty-four of the executive law, (ii) attends\nschool, (iii) spends such part of the period of the sentence as the\ncourt may direct, but not exceeding two years, in a facility made\navailable by the division for youth pursuant to article nineteen-G of\nthe executive law, provided that admission to such facility may be made\nonly with the prior consent of the division for youth, (iv) attend a\nnon-residential program for such hours and pursuant to a schedule\nprescribed by the court as suitable for a program of rehabilitation of\nyouth, (v) contribute to his own support in any home, foster home or\nhostel;\n  (j) Post a bond or other security for the performance of any or all\nconditions imposed;\n  (k) Observe certain specified conditions of conduct as set forth in an\norder of protection issued pursuant to section 530.12 or 530.13 of the\ncriminal procedure law.\n  (k-1) Install and maintain a functioning ignition interlock device, as\nthat term is defined in section one hundred nineteen-a of the vehicle\nand traffic law, in any vehicle owned or operated by the defendant if\nthe court in its discretion determines that such a condition is\nnecessary to ensure the public safety. The court may require such\ncondition only where a person has been convicted of a violation of\nsubdivision two, two-a or three of section eleven hundred ninety-two of\nthe vehicle and traffic law, or any crime defined by the vehicle and\ntraffic law or this chapter of which an alcohol-related violation of any\nprovision of section eleven hundred ninety-two of the vehicle and\ntraffic law is an essential element. The offender shall be required to\ninstall and operate the ignition interlock device only in accordance\nwith section eleven hundred ninety-eight of the vehicle and traffic law.\n  (k-2) (i) Refrain, upon sentencing for a crime involving unlawful\nsexual conduct committed against a metropolitan transportation authority\npassenger, customer, or employee or a crime involving assault against a\nmetropolitan transportation authority employee, committed in or on any\nfacility or conveyance of the metropolitan transportation authority or a\nsubsidiary thereof or the New York city transit authority or a\nsubsidiary thereof, from using or entering any of such authority's\nsubways, trains, buses or other conveyances or facilities specified by\nthe court for a period of up to three years, or a specified period of\nsuch probation or conditional discharge, whichever is less. For purposes\nof this section, a crime involving assault shall mean an offense\ndescribed in article one hundred twenty of this chapter which has as an\nelement the causing of physical injury or serious physical injury to\nanother as well as the attempt thereof.\n  (ii) The court may, in its discretion, suspend, modify or cancel a\ncondition imposed under this paragraph in the interest of justice at any\ntime. If the person depends on the authority's subways, trains, buses,\nor other conveyances or facilities for trips of necessity, including,\nbut not limited to, travel to or from medical or legal appointments,\nschool or training classes or places of employment, obtaining food,\nclothing or necessary household items, or rendering care to family\nmembers, the court may modify such condition to allow for a trip or\ntrips as in its discretion are necessary.\n  (iii) A person at liberty and subject to a condition under this\nparagraph who applies, within thirty days after the date such condition\nbecomes effective, for a refund of any prepaid fare amounts rendered\nunusable in whole or in part by such condition including, but not\nlimited to, a monthly pass, shall be issued a refund of the amounts so\nprepaid.\n  (l) Satisfy any other conditions reasonably related to his\nrehabilitation.\n  3. Conditions relating to supervision. When imposing a sentence of\nprobation the court, in addition to any conditions imposed pursuant to\nsubdivision two of this section, shall require as conditions of the\nsentence, that the defendant:\n  (a) Report to a probation officer as directed by the court or the\nprobation officer and permit the probation officer to visit him at his\nplace of abode or elsewhere;\n  (b) Remain within the jurisdiction of the court unless granted\npermission to leave by the court or the probation officer. Where a\ndefendant is granted permission to move or travel outside the\njurisdiction of the court, the defendant shall sign a written waiver of\nextradition agreeing to waive extradition proceedings where such\nproceedings are the result of the issuance of a warrant by the court\npursuant to subdivision two of section 410.40 of the criminal procedure\nlaw based on an alleged violation of probation. Where any county or the\ncity of New York incurs costs associated with the return of any\nprobationer based on the issuance of a warrant by the court pursuant to\nsubdivision two of section 410.40 of the criminal procedure law, the\njurisdiction may collect the reasonable and necessary expenses involved\nin connection with his or her transport, from the probationer; provided\nthat where the sentence of probation is not revoked pursuant to section\n410.70 of the criminal procedure law no such expenses may be collected.\n  (c) Answer all reasonable inquiries by the probation officer and\nnotify the probation officer prior to any change in address or\nemployment.\n  4. Electronic monitoring. When imposing a sentence of probation the\ncourt may, in addition to any conditions imposed pursuant to\nsubdivisions two and three of this section, require the defendant to\nsubmit to the use of an electronic monitoring device and/or to follow a\nschedule that governs the defendant's daily movement. Such condition may\nbe imposed only where the court, in its discretion, determines that\nrequiring the defendant to comply with such condition will advance\npublic safety, probationer control or probationer surveillance.\nElectronic monitoring shall be used in accordance with uniform\nprocedures developed by the office of probation and correctional\nalternatives.\n  4-a. Mandatory conditions for sex offenders. (a) When imposing a\nsentence of probation or conditional discharge upon a person convicted\nof an offense defined in article one hundred thirty, two hundred\nthirty-five or two hundred sixty-three of this chapter, or section\n255.25, 255.26 or 255.27 of this chapter, and the victim of such offense\nwas under the age of eighteen at the time of such offense or such person\nhas been designated a level three sex offender pursuant to subdivision\nsix of section 168-l of the correction law, the court shall require, as\na mandatory condition of such sentence, that such sentenced offender\nshall refrain from knowingly entering into or upon any school grounds,\nas that term is defined in subdivision fourteen of section 220.00 of\nthis chapter, or any other facility or institution primarily used for\nthe care or treatment of persons under the age of eighteen while one or\nmore of such persons under the age of eighteen are present, provided\nhowever, that when such sentenced offender is a registered student or\nparticipant or an employee of such facility or institution or entity\ncontracting therewith or has a family member enrolled in such facility\nor institution, such sentenced offender may, with the written\nauthorization of his or her probation officer or the court and the\nsuperintendent or chief administrator of such facility, institution or\ngrounds, enter such facility, institution or upon such grounds for the\nlimited purposes authorized by the probation officer or the court and\nsuperintendent or chief officer. Nothing in this subdivision shall be\nconstrued as restricting any lawful condition of supervision that may be\nimposed on such sentenced offender.\n  (b) When imposing a sentence of probation or conditional discharge\nupon a person convicted of an offense for which registration as a sex\noffender is required pursuant to subdivision two or three of section one\nhundred sixty-eight-a of the correction law, and the victim of such\noffense was under the age of eighteen at the time of such offense or\nsuch person has been designated a level three sex offender pursuant to\nsubdivision six of section one hundred sixty-eight-l of the correction\nlaw or the internet was used to facilitate the commission of the crime,\nthe court shall require, as mandatory conditions of such sentence, that\nsuch sentenced offender be prohibited from using the internet to access\npornographic material, access a commercial social networking website,\ncommunicate with other individuals or groups for the purpose of\npromoting sexual relations with persons under the age of eighteen, and\ncommunicate with a person under the age of eighteen when such offender\nis over the age of eighteen, provided that the court may permit an\noffender to use the internet to communicate with a person under the age\nof eighteen when such offender is the parent of a minor child and is not\notherwise prohibited from communicating with such child. Nothing in this\nsubdivision shall be construed as restricting any other lawful condition\nof supervision that may be imposed on such sentenced offender. As used\nin this subdivision, a "commercial social networking website" shall mean\nany business, organization or other entity operating a website that\npermits persons under eighteen years of age to be registered users for\nthe purpose of establishing personal relationships with other users,\nwhere such persons under eighteen years of age may: (i) create web pages\nor profiles that provide information about themselves where such web\npages or profiles are available to the public or to other users; (ii)\nengage in direct or real time communication with other users, such as a\nchat room or instant messenger; and (iii) communicate with persons over\neighteen years of age; provided, however, that, for purposes of this\nsubdivision, a commercial social networking website shall not include a\nwebsite that permits users to engage in such other activities as are not\nenumerated herein.\n  5. Other conditions. When imposing a sentence of probation the court\nmay, in addition to any conditions imposed pursuant to subdivisions two,\nthree and four of this section, require that the defendant comply with\nany other reasonable condition as the court shall determine to be\nnecessary or appropriate to ameliorate the conduct which gave rise to\nthe offense or to prevent the incarceration of the defendant.\n  5-a. Other conditions for sex offenders. When imposing a sentence of\nprobation upon a person convicted of an offense for which registration\nas a sex offender is required pursuant to subdivision two or three of\nsection one hundred sixty-eight-a of the correction law, in addition to\nany conditions required under subdivisions two, three, four, four-a and\nfive of this section, the court may require that the defendant comply\nwith a reasonable limitation on his or her use of the internet that the\ncourt determines to be necessary or appropriate to ameliorate the\nconduct which gave rise to the offense or to protect public safety,\nprovided that the court shall not prohibit such sentenced offender from\nusing the internet in connection with education, lawful employment or\nsearch for lawful employment.\n