N.Y. FCT Law § 353.2 — New York Code / Act FCT / Article 3 / Part 5 / Section 353.2
Probation
Status: in_force

§ 353.2. Probation. 1. The court may order a period of probation if\nthe court, having regard for the nature and circumstances of the crime\nand the history, character and condition of the respondent, is of the\nopinion that:\n  (a) placement of respondent is not or may not be necessary;\n  (b) the respondent is in need of guidance, training or other\nassistance which can be effectively administered through probation; and\n  (c) such disposition is consistent with the provisions of subdivision\ntwo of section 352.2.\n  2. When ordering a period of probation or a conditional discharge\npursuant to section 353.1, the court may, as a condition of such order,\nrequire that the respondent:\n  (a) attend school regularly and obey all rules and regulations of the\nschool;\n  (b) obey all reasonable commands of the parent or other person legally\nresponsible for the respondent's care;\n  (c) abstain from visiting designated places or associating with named\nindividuals;\n  (d) avoid injurious or vicious activities;\n  (e) co-operate with a mental health, social services or other\nappropriate community facility or agency to which the respondent is\nreferred;\n  (f) make restitution or perform services for the public good pursuant\nto section 353.6;\n  (g) except when the respondent has been assigned to a facility in\naccordance with subdivision four of section five hundred four of the\nexecutive law, in cases wherein the record indicates that the\nconsumption of alcohol by the respondent may have been a contributing\nfactor, attend and complete an alcohol awareness program established\npursuant to section 19.25 of the mental hygiene law; and\n  (h) comply with such other reasonable conditions as the court shall\ndetermine to be necessary or appropriate to ameliorate the conduct which\ngave rise to the filing of the petition or to prevent placement with the\ncommissioner of social services or the division for youth.\n  3. When ordering a period of probation, the court may, as a condition\nof such order, further require that the respondent:\n  (a) meet with a probation officer when directed to do so by that\nofficer and permit the officer to visit the respondent at home or\nelsewhere;\n  (b) permit the probation officer to obtain information from any person\nor agency from whom respondent is receiving or was directed to receive\ndiagnosis, treatment or counseling;\n  (c) permit the probation officer to obtain information from the\nrespondent's school;\n  (d) co-operate with the probation officer in seeking to obtain and in\naccepting employment, and supply records and reports of earnings to the\nofficer when requested to do so;\n  (e) obtain permission from the probation officer for any absence from\nrespondent's residence in excess of two weeks; and\n  (f) with the consent of the division for youth, spend a specified\nportion of the probation period, not exceeding one year, in a non-secure\nfacility provided by the division for youth pursuant to article\nnineteen-G of the executive law.\n  4. A finding that the respondent committed an additional crime after\nprobation supervision has been ordered and prior to expiration or\ntermination of the period of such order constitutes a ground for\nrevocation of such order irrespective of whether such fact is specified\nas a condition of such order.\n  5. The respondent must be given a written copy of the conditions at\nthe time probation supervision is ordered. A copy of such conditions\nmust be filed with and become part of the record of the case.\n  6. The maximum period of probation shall not exceed two years. If the\ncourt finds at the conclusion of the original period and after a hearing\nthat exceptional circumstances require an additional year of probation,\nthe court may continue the probation for an additional year.\n