§ 353.1. Conditional discharge. 1. The court may conditionally
discharge the respondent if the court, having regard for the nature and
circumstances of the crime and for the history, character and condition
of the respondent, is of the opinion that consistent with subdivision
two of section 352.2, neither the public interest nor the ends of
justice would be served by a placement and that probation supervision is
not appropriate. The court may, as a condition of a conditional
discharge, in cases where the record indicates the respondent qualifies
as an eligible person and has been adjudicated for an eligible offense
as defined in section four hundred fifty-eight-l of the social services
law, require the respondent to attend and complete an education reform
program established pursuant to section four hundred fifty-eight-l of
the social services law.

2. When the court orders a conditional discharge the respondent shall
be released with respect to the finding upon which such order is based
without placement or probation supervision but subject, during the
period of conditional discharge, to such conditions enumerated in
subdivision two of section 353.2, as the court may determine. The court
shall order the period of conditional discharge authorized by
subdivision three and shall specify the conditions to be complied with.
The court may modify or enlarge the conditions at any time prior to the
expiration or termination of the period of conditional discharge. Such
action may not, however, be taken unless the respondent is personally
present, except that the respondent need not be present if the
modification consists solely of the elimination or relaxation of one or
more conditions.

3. The maximum period of a conditional discharge shall not exceed one
year.

4. The respondent must be given a written copy of the conditions at
the time a conditional discharge is ordered or modified, provided,
however, that whenever the respondent has not been personally present at
the time of a modification, the court shall notify the respondent in
writing within twenty days after such modification, specifying the
nature of the elimination or relaxation of any condition and the
effective date thereof. A copy of such conditions must be filed with and
become part of the record of the case.

5. A finding that the respondent committed an additional crime after a
conditional discharge has been ordered and prior to expiration and
termination of the period of such order constitutes a ground for
revocation of such order irrespective of whether such fact is specified
as a condition of the order.