Legislation

Search OpenLegislation Statutes

This entry was published on 2023-01-06
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 353.2
Probation
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 5
§ 353.2. Probation. 1. The court may order a period of probation if
the court, having regard for the nature and circumstances of the crime
and the history, character and condition of the respondent, is of the
opinion that:

(a) placement of respondent is not or may not be necessary;

(b) the respondent is in need of guidance, training or other
assistance which can be effectively administered through probation; and

(c) such disposition is consistent with the provisions of subdivision
two of section 352.2.

2. When ordering a period of probation or a conditional discharge
pursuant to section 353.1, the court may, as a condition of such order,
require that the respondent:

(a) attend school regularly and obey all rules and regulations of the
school;

(b) obey all reasonable commands of the parent or other person legally
responsible for the respondent's care;

(c) abstain from visiting designated places or associating with named
individuals;

(d) avoid injurious or vicious activities;

(e) co-operate with a mental health, social services or other
appropriate community facility or agency to which the respondent is
referred;

(f) make restitution or perform services for the public good pursuant
to section 353.6;

(g) except when the respondent has been assigned to a facility in
accordance with subdivision four of section five hundred four of the
executive law, in cases wherein the record indicates that the
consumption of alcohol by the respondent may have been a contributing
factor, attend and complete an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law; and

(h) comply with such other reasonable conditions as the court shall
determine to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement with the
commissioner of social services or the division for youth.

3. When ordering a period of probation, the court may, as a condition
of such order, further require that the respondent:

(a) meet with a probation officer when directed to do so by that
officer and permit the officer to visit the respondent at home or
elsewhere;

(b) permit the probation officer to obtain information from any person
or agency from whom respondent is receiving or was directed to receive
diagnosis, treatment or counseling;

(c) permit the probation officer to obtain information from the
respondent's school;

(d) co-operate with the probation officer in seeking to obtain and in
accepting employment, and supply records and reports of earnings to the
officer when requested to do so;

(e) obtain permission from the probation officer for any absence from
respondent's residence in excess of two weeks; and

(f) with the consent of the division for youth, spend a specified
portion of the probation period, not exceeding one year, in a non-secure
facility provided by the division for youth pursuant to article
nineteen-G of the executive law.

4. A finding that the respondent committed an additional crime after
probation supervision has been ordered and prior to expiration or
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 such order.

5. The respondent must be given a written copy of the conditions at
the time probation supervision is ordered. A copy of such conditions
must be filed with and become part of the record of the case.

6. The maximum period of probation shall not exceed two years. If the
court finds at the conclusion of the original period and after a hearing
that exceptional circumstances require an additional year of probation,
the court may continue the probation for an additional year.