§ 458-L — Education reform program

§ 458-l. Education reform program. 1. As used in this section:\n (a) "eligible person" means an individual who (i) is, or is at risk of\nbeing, the subject of a person in need of supervision petition in family\ncourt where elements of an eligible offense have been indicated; or (ii)\nhas been arrested for or charged with an eligible offense, or it is\notherwise alleged that such person has committed an eligible offense, as\nthat term is defined in paragraph (b) of this subdivision. In\ndetermining whether to order an eligible person who has been arrested\nfor or charged with an eligible offense as an adult to participate in\nthe education reform program under this section, a judge must consider,\namong other factors, prior participation in the program as an adult.\n (b) "eligible offense" means a crime or offense committed, or, in the\ncase of a person who is, or is at risk of being the subject of a person\nin need of supervision petition, conduct engaged in, by an eligible\nperson that involved cyberbullying or the sending or receipt through\nelectronic means of obscenity, as defined in subdivision one of section\n235.00 of the penal law, or nudity, as defined in subdivision two of\nsection 235.20 of the penal law, when the sender and the receiver\nthereof were both under the age of twenty at the time of such\ncommunication, but not more than five years apart in age.\n (c) "program" means the education reform program developed pursuant to\nsubdivision two of this section.\n 2. The office of children and family services, hereinafter the\n"office," shall develop and implement, in consultation with the division\nof criminal justice services and the state education department, an\neducation reform program to be provided to eligible persons as a\ndiversion program in accordance with section seven hundred thirty-five\nof the family court act or, as a condition of adjustment pursuant to\nsection 308.1 of the family court act, or as a condition of an order of\nadjournment in contemplation of dismissal, suspended judgment, discharge\nwith warning, conditional discharge or probation pursuant to article\nthree or seven of the family court act, as a condition of probation or a\nconditional discharge pursuant to section 60.37 of the penal law or as a\ncondition of an adjournment in contemplation of dismissal pursuant to\nsection 170.55 of the criminal procedure law, as applicable.\n 3. The program shall be available in every judicial department in the\nstate; provided that if the office determines that there is not a\nsufficient number of eligible offenses in a judicial department to\nmandate the implementation of a program, provisions shall be made for\nthe residents of such judicial department to participate in a program in\nanother judicial department where a program exists if practicable with\nregard to travel and cost, or to complete the education course online.\n 4. Such program shall be provided in an age-appropriate manner which\nfocuses on the crime, offense or conduct, shall involve up to eight\nhours of instruction and shall provide, at a minimum, information\nconcerning:\n (a) the legal consequences of and potential penalties for sharing\nsexually suggestive materials, explicit materials or abusive materials,\nincluding sanctions imposed under applicable federal and state statutes;\n (b) the non-legal consequences of sharing sexually suggestive\nmaterials, explicit materials or abusive materials, including, but not\nlimited to, the possible effect on relationships, loss of educational\nand employment opportunities, and the potential for being barred or\nremoved from school programs and extracurricular activities;\n (c) how the unique characteristics of cyberspace and the internet,\nincluding the potential ability of an infinite audience to utilize the\ninternet to search for and replicate materials, can produce long-term\nand unforeseen consequences for sharing sexually suggestive materials,\nexplicit materials or abusive materials; and\n (d) the potential connection between bullying and cyber-bullying and\njuveniles sharing sexually suggestive materials, explicit materials or\nabusive materials.\n 5. The office, in conjunction with the office of court administration,\nthe office of probation and correctional alternatives and the division\nof criminal justice services, shall provide annual notice regarding the\nprogram to local probation departments, applicable court personnel,\ncounty defender offices, organizations or groups assigned to act as\nattorneys for children, district attorneys, presentment agencies and\ncounty attorneys, for the purpose of such information being provided to\neach eligible person, his or her attorney and his or her parent or\nguardian where necessary, upon an order that they complete such program.\nThe notice shall include, at a minimum, a short description of the\nprogram, when use of the program is authorized by statute, and the means\nof accessing and completing the program. The office shall maintain\ninformation on its website regarding the program, including directions\nfor accessing the program.\n 6. Within twenty days of the date upon which the eligible person\ncompletes the program, the office shall provide such person with a\ncertification that he or she has successfully completed the program and\nthe date the program was completed. The eligible person shall be\nresponsible for completing the program, and providing any necessary\nproof of completion.\n