NY Soc Serv L § 458-L (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 11 - Education Reform Program 458-L - Education Reform Program.

§ 458-l. Education reform program. 1. As used in this section:  (a) "eligible person" means an individual who (i) is, or is at risk of being, the subject of a person in need of supervision petition in family court where elements of an eligible offense have been indicated; or (ii) has  been  arrested  for  or  charged with an eligible offense, or it is otherwise alleged that such person has committed an eligible offense, as that  term  is  defined  in  paragraph  (b)  of  this  subdivision.   In determining  whether  to  order an eligible person who has been arrested for or charged with an eligible offense as an adult  to  participate  in the  education reform program under this section, a judge must consider, among other factors, prior participation in the program as an adult.  (b) "eligible offense" means a crime or offense committed, or, in  the case  of a person who is, or is at risk of being the subject of a person in need of supervision petition, conduct  engaged  in,  by  an  eligible person  that  involved  cyberbullying  or the sending or receipt through electronic means of obscenity, as defined in subdivision one of  section 235.00  of  the  penal  law, or nudity, as defined in subdivision two of section 235.20 of the penal  law,  when  the  sender  and  the  receiver thereof  were  both  under  the  age  of  twenty  at  the  time  of such communication, but not more than five years apart in age.  (c) "program" means the education reform program developed pursuant to subdivision two of this section.   2. The  office  of  children  and  family  services,  hereinafter  the "office," shall develop and implement, in consultation with the division of  criminal  justice  services  and  the state education department, an education reform program  to  be  provided  to  eligible  persons  as  a diversion  program  in accordance with section seven hundred thirty-five of the family court act or, as a condition  of  adjustment  pursuant  to section  308.1 of the family court act, or as a condition of an order of adjournment in contemplation of dismissal, suspended judgment, discharge with warning, conditional discharge or  probation  pursuant  to  article three or seven of the family court act, as a condition of probation or a conditional discharge pursuant to section 60.37 of the penal law or as a condition  of  an  adjournment in contemplation of dismissal pursuant to section 170.55 of the criminal procedure law, as applicable.   3. The program shall be available in every judicial department in  the state;  provided  that  if  the  office  determines  that there is not a sufficient number of eligible  offenses  in  a  judicial  department  to mandate  the  implementation  of a program, provisions shall be made for the residents of such judicial department to participate in a program in another judicial department where a program exists if  practicable  with regard to travel and cost, or to complete the education course online.   4.  Such  program shall be provided in an age-appropriate manner which focuses on the crime, offense or conduct,  shall  involve  up  to  eight hours  of  instruction  and  shall  provide,  at  a minimum, information concerning:  (a) the legal consequences of  and  potential  penalties  for  sharing sexually  suggestive materials, explicit materials or abusive materials, including sanctions imposed under applicable federal and state statutes;  (b)  the  non-legal  consequences  of  sharing   sexually   suggestive materials,  explicit  materials or abusive materials, including, but not limited to, the possible effect on relationships,  loss  of  educational and  employment  opportunities,  and  the  potential for being barred or removed from school programs and extracurricular activities;  (c) how the unique characteristics of  cyberspace  and  the  internet, including  the  potential ability of an infinite audience to utilize the internet to search for and replicate materials,  can  produce  long-term  and  unforeseen  consequences for sharing sexually suggestive materials, explicit materials or abusive materials; and  (d)  the  potential connection between bullying and cyber-bullying and juveniles sharing sexually suggestive materials, explicit  materials  or abusive materials.   5. The office, in conjunction with the office of court administration, the  office  of probation and correctional alternatives and the division of criminal justice services, shall provide annual notice regarding  the program  to  local  probation  departments,  applicable court personnel, county defender offices, organizations or  groups  assigned  to  act  as attorneys  for  children,  district  attorneys, presentment agencies and county attorneys, for the purpose of such information being provided  to each  eligible  person,  his  or  her  attorney and his or her parent or guardian where necessary, upon an order that they complete such program. The notice shall include, at a  minimum,  a  short  description  of  the program, when use of the program is authorized by statute, and the means of  accessing  and  completing  the  program.  The office shall maintain information on its website regarding the program,  including  directions for accessing the program.   6.  Within  twenty  days  of  the  date upon which the eligible person completes the program, the office  shall  provide  such  person  with  a certification  that he or she has successfully completed the program and the date the  program  was  completed.  The  eligible  person  shall  be responsible  for  completing  the  program,  and providing any necessary proof of completion.