N.Y. FCT Law § 353.6 — New York Code / Act FCT / Article 3 / Part 5 / Section 353.6
Restitution
Status: in_force

§ 353.6. Restitution. 1. At the conclusion of the dispositional\nhearing the court may:\n  (a) recommend as a condition of placement, or order as a condition of\nprobation or conditional discharge, restitution in an amount\nrepresenting a fair and reasonable cost to replace the property, repair\nthe damage caused by the respondent or provide the victim with\ncompensation for unreimbursed medical expenses, not, however, to exceed\none thousand five hundred dollars. In the case of a placement, the court\nmay recommend that the respondent pay out of his or her own funds or\nearnings the amount of replacement, damage or unreimbursed medical\nexpenses, either in a lump sum or in periodic payments in amounts set by\nthe agency with which he or she is placed, and in the case of probation\nor conditional discharge, the court may require that the respondent pay\nout of his or her own funds or earnings the amount of replacement,\ndamage or unreimbursed medical expenses, either in a lump sum or in\nperiodic payments in amounts set by the court; and/or\n  (b) order as a condition of placement, probation, or conditional\ndischarge, services for the public good including in the case of a crime\ninvolving willful, malicious, or unlawful damage or destruction to real\nor personal property maintained as a cemetery plot, grave, burial place,\nor other place of interment of human remains, services for the\nmaintenance and repair thereof, taking into consideration the age and\nphysical condition of the respondent.\n  2. If the court recommends restitution or requires services for the\npublic good in conjunction with an order of placement pursuant to\nsection 353.3 or 353.5, the placement shall be made only to an\nauthorized agency, including the division for youth, which has adopted\nrules and regulations for the supervision of such a program, which rules\nand regulations, except in the case of the division for youth, shall be\nsubject to the approval of the state department of social services. Such\nrules and regulations shall include, but not be limited to provisions:\n(i) assuring that the conditions of work, including wages, meet the\nstandards therefor prescribed pursuant to the labor law; (ii) affording\ncoverage to the respondent under the workers' compensation law as an\nemployee of such agency, department, division or institution; (iii)\nassuring that the entity receiving such services shall not utilize the\nsame to replace its regular employees; and (iv) providing for reports to\nthe court not less frequently than every six months.\n  3. If the court requires restitution or services for the public good\nas a condition of probation or conditional discharge, it shall provide\nthat an agency or person supervise the restitution or services and that\nsuch agency or person report to the court not less frequently than every\nsix months. Upon the written notice submitted by a school district to\nthe court and the appropriate probation department or agency which\nsubmits probation recommendations or reports to the court, the court may\nprovide that such school district shall supervise the performance of\nservices for the public good.\n  4. The court, upon receipt of the reports provided for in subdivisions\ntwo and three may, on its own motion or the motion of the agency,\nprobation service or the presentment agency, hold a hearing pursuant to\nsection 355.1 to determine whether the dispositional order should be\nmodified.\n