§ 353.1. Conditional discharge. 1. The court may conditionally\ndischarge the respondent if the court, having regard for the nature and\ncircumstances of the crime and for the history, character and condition\nof the respondent, is of the opinion that consistent with subdivision\ntwo of section 352.2, neither the public interest nor the ends of\njustice would be served by a placement and that probation supervision is\nnot appropriate. The court may, as a condition of a conditional\ndischarge, in cases where the record indicates the respondent qualifies\nas an eligible person and has been adjudicated for an eligible offense\nas defined in section four hundred fifty-eight-l of the social services\nlaw, require the respondent to attend and complete an education reform\nprogram established pursuant to section four hundred fifty-eight-l of\nthe social services law.\n 2. When the court orders a conditional discharge the respondent shall\nbe released with respect to the finding upon which such order is based\nwithout placement or probation supervision but subject, during the\nperiod of conditional discharge, to such conditions enumerated in\nsubdivision two of section 353.2, as the court may determine. The court\nshall order the period of conditional discharge authorized by\nsubdivision three and shall specify the conditions to be complied with.\nThe court may modify or enlarge the conditions at any time prior to the\nexpiration or termination of the period of conditional discharge. Such\naction may not, however, be taken unless the respondent is personally\npresent, except that the respondent need not be present if the\nmodification consists solely of the elimination or relaxation of one or\nmore conditions.\n 3. The maximum period of a conditional discharge shall not exceed one\nyear.\n 4. The respondent must be given a written copy of the conditions at\nthe time a conditional discharge is ordered or modified, provided,\nhowever, that whenever the respondent has not been personally present at\nthe time of a modification, the court shall notify the respondent in\nwriting within twenty days after such modification, specifying the\nnature of the elimination or relaxation of any condition and the\neffective date thereof. A copy of such conditions must be filed with and\nbecome part of the record of the case.\n 5. A finding that the respondent committed an additional crime after a\nconditional discharge has been ordered and prior to expiration and\ntermination of the period of such order constitutes a ground for\nrevocation of such order irrespective of whether such fact is specified\nas a condition of the order.\n
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