NY Penal L § 65.10 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 65 - Sentences of Probation, Conditional Discharge and Unconditional Discharge 65.10 - Conditions of Probation and of Conditional Discharge.

§ 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 reasonably   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 suitable 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 intervention 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;  (e-1) Participate in a motor vehicle accident prevention  course.  The court  may require such condition where a person has been convicted of a traffic infraction for a violation of article twenty-six of the  vehicle and  traffic  law  where  the  commission  of  such violation caused the serious physical injury or death of another person. For purposes of this paragraph, the term "motor vehicle  accident  prevention  course"  shall mean  a  motor  vehicle  accident  prevention  course  approved  by  the department of motor vehicles pursuant to article twelve-B of the vehicle and traffic law;  (f) Support his dependents and meet other family responsibilities;  (g) Make restitution of the fruits of  his  or  her  offense  or  make reparation,  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 subdivision three of section 410.90 of the criminal procedure law  after the  restitution  and  reparation  part  of  a  sentence of probation or conditional 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.  (h)  Perform  services  for  a  public  or not-for-profit corporation, association,  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  property,  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  workers  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 subdivision  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 available  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-residential 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.  (k-2)  (i)  Refrain,  upon  sentencing  for a crime involving unlawful sexual conduct committed against a metropolitan transportation authority passenger, customer, or employee or a crime involving assault against  a metropolitan  transportation  authority employee, committed in or on any facility or conveyance of the metropolitan transportation authority or a subsidiary  thereof  or  the  New  York  city  transit  authority  or  a subsidiary  thereof,  from  using  or  entering  any of such authority's subways, trains, buses or other conveyances or facilities  specified  by the  court  for  a period of up to three years, or a specified period of such probation or conditional discharge, whichever is less. For purposes of this section,  a  crime  involving  assault  shall  mean  an  offense described  in article one hundred twenty of this chapter which has as an element the causing of physical injury or  serious  physical  injury  to another as well as the attempt thereof.  (ii)  The  court  may,  in its discretion, suspend, modify or cancel a condition imposed under this paragraph in the interest of justice at any time. If the person depends on the authority's subways,  trains,  buses, or  other  conveyances  or facilities for trips of necessity, including, but not limited to, travel to or from  medical  or  legal  appointments, school  or  training  classes  or  places of employment, obtaining food, clothing or necessary household  items,  or  rendering  care  to  family  members,  the  court  may  modify  such condition to allow for a trip or trips as in its discretion are necessary.  (iii)  A  person  at  liberty  and  subject  to a condition under this paragraph who applies, within thirty days after the date such  condition becomes  effective,  for  a  refund of any prepaid fare amounts rendered unusable in whole or in  part  by  such  condition  including,  but  not limited  to,  a monthly pass, shall be issued a refund of the amounts so prepaid.  (l)  Satisfy  any  other  conditions   reasonably   related   to   his rehabilitation.   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 permission  to  leave  by  the  court  or the probation officer. Where a defendant  is  granted  permission  to  move  or  travel   outside   the jurisdiction  of the court, the defendant shall sign a written waiver of extradition  agreeing  to  waive  extradition  proceedings  where   such proceedings  are  the  result  of the issuance of a warrant by the court pursuant to subdivision two of section 410.40 of the criminal  procedure law  based on an alleged violation of probation. Where any county or the city of New  York  incurs  costs  associated  with  the  return  of  any probationer  based on the issuance of a warrant by the court pursuant to subdivision two of section 410.40 of the  criminal  procedure  law,  the jurisdiction  may collect the reasonable and necessary expenses involved in connection with his or her transport, from the probationer;  provided that  where the sentence of probation is not revoked pursuant to section 410.70 of the criminal procedure law no such expenses may be collected.  (c) Answer all reasonable  inquiries  by  the  probation  officer  and notify  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 subdivisions 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 requiring  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  office  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 promoting sexual relations with persons under the age of  eighteen,  and communicate  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 eighteen when such offender is the parent of a minor child and is not otherwise 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 necessary  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.