§ 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.