S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5253--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  social services law, in relation to creating an
  educational reform program for certain offenders  who  are  criminally
  charged  with  certain  offenses involving the creation, exhibition or
  distribution of a photograph depicting nudity through the  use  of  an
  electronic  communication  device,  an  interactive  wireless communi-
  cations device or a computer; and to amend the criminal procedure  law
  and  the  family  court  act,  in  relation to creating a diversionary
  program for cases  involving  certain  offenders  who  are  criminally
  charged  with  certain  offenses involving the creation, exhibition or
  distribution of a photograph depicting nudity through the  use  of  an
  electronic  communication  device,  an  interactive  wireless communi-
  cations device or a computer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    This act shall be known and may be cited as "The Cyber-
Crime Youth Rescue Act".
  S 2. Legislative intent. The teenage practices of sexting and  posting
sexual  images  online  are  nationwide  problems  that  have  perplexed
parents, school administrators, and law enforcement officials.  Prosecu-
tors  in several states have charged teenagers who have engaged in these
behaviors  with  criminal  offenses,  including  distribution  of  child
pornography. A charge of this type can ruin the future of a young person
who  was  too inexperienced to understand the consequences of his or her
actions.
  It is necessary to develop an alternative to prosecution for juveniles
who are charged with a criminal offense for posting sexually  suggestive

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11384-04-1

              

S. 5253--A                          2

or  sexually  explicit photographs on the internet or disseminating such
images by use of other electronic media such as cell phones.
  S  3. The social services law is amended by adding a new section 423-b
to read as follows:
  S 423-B. EDUCATIONAL REFORM PROGRAM FOR CERTAIN JUVENILE OFFENDERS. 1.
THE OFFICE OF CHILDREN AND FAMILY SERVICES, HEREINAFTER THE "OFFICE," IN
CONSULTATION WITH THE CHIEF ADMINISTRATOR OF THE COURTS AND THE  COMMIS-
SIONER  OF  THE  DEPARTMENT  OF EDUCATION, SHALL DEVELOP, AND THE OFFICE
SHALL IMPLEMENT, AN EDUCATIONAL REFORM PROGRAM  FOR  ELIGIBLE  OFFENDERS
WHO  HAVE  BEEN REFERRED TO THE PROGRAM THROUGH THE DIVERSIONARY PROGRAM
DESCRIBED IN SECTION 530.15 OF THE CRIMINAL PROCEDURE LAW.
  2. THE PROGRAM SHALL BE  AVAILABLE  IN  EVERY  COUNTY  IN  THE  STATE;
PROVIDED  THAT  IF  THE OFFICE DETERMINES THAT THERE IS NOT A SUFFICIENT
NUMBER OF ELIGIBLE OFFENSES IN A COUNTY TO MANDATE THE ESTABLISHMENT  OF
A  SITE  FOR  THE PROGRAM, PROVISIONS SHALL BE MADE FOR THE RESIDENTS OF
SAID COUNTY TO ATTEND A  PROGRAM  IN  ANOTHER  COUNTY  WHERE  A  PROGRAM
EXISTS.
  3. THE PROGRAM SHALL PROVIDE, AT A MINIMUM, INFORMATION CONCERNING:
  A.  THE  LEGAL  CONSEQUENCES  OF  AND  PENALTIES  FOR SHARING SEXUALLY
SUGGESTIVE MATERIALS, EXPLICIT MATERIALS OR ABUSIVE MATERIALS, INCLUDING
SANCTIONS IMPOSED UNDER APPLICABLE FEDERAL AND STATE STATUTES;
  B. THE NON-LEGAL CONSEQUENCES OF SHARING SEXUALLY  SUGGESTIVE  MATERI-
ALS, EXPLICIT MATERIALS OR ABUSIVE MATERIALS, INCLUDING, BUT NOT LIMITED
TO,  THE  EFFECT  ON  RELATIONSHIPS,  LOSS OF EDUCATIONAL AND EMPLOYMENT
OPPORTUNITIES, AND BEING BARRED OR  REMOVED  FROM  SCHOOL  PROGRAMS  AND
EXTRACURRICULAR ACTIVITIES;
  C.  HOW  THE  UNIQUE  CHARACTERISTICS  OF CYBERSPACE AND THE INTERNET,
INCLUDING THE NEARLY  UNLIMITED  ABILITY  OF  AN  INFINITE  AUDIENCE  TO
UTILIZE  THE INTERNET TO SEARCH FOR AND REPLICATE MATERIALS, CAN PRODUCE
LONG-TERM AND UNFORESEEN CONSEQUENCES FOR  SHARING  SEXUALLY  SUGGESTIVE
MATERIALS, EXPLICIT MATERIALS OR ABUSIVE MATERIALS; AND
  D.  THE  CONNECTION  BETWEEN BULLYING AND CYBER-BULLYING AND JUVENILES
SHARING SEXUALLY SUGGESTIVE MATERIALS,  EXPLICIT  MATERIALS  OR  ABUSIVE
MATERIALS.
  4. UPON RECEIPT OF THE COURT ORDER DIRECTING THAT THE CASE BE DIVERTED
TO  THE PROGRAM, AS PROVIDED IN SUBDIVISION SIX OF SECTION 530.15 OF THE
CRIMINAL PROCEDURE LAW, THE PROGRAM SHALL SCHEDULE THE ELIGIBLE OFFENDER
TO ATTEND THE NEXT SESSION OF THE PROGRAM AND SHALL SEND WRITTEN  NOTICE
OF THE SCHEDULING, ALONG WITH THE DATE, TIME AND LOCATION OF THE SESSION
OR  SESSIONS,  TO THE ELIGIBLE OFFENDER, HIS OR HER PARENTS OR GUARDIANS
AND THE CLERK OF THE REFERRING COURT.
  5. ATTENDANCE AT EACH SCHEDULED  SESSION  OF  THE  PROGRAM,  FROM  THE
COMMENCEMENT OF THE SESSION TO ITS CONCLUSION, IS MANDATORY FOR ELIGIBLE
OFFENDERS.  IN  THE  DISCRETION OF THE OFFICE, ANY OFFENDER WHO, WITHOUT
VALID EXCUSE AS DETERMINED BY THE OFFICE, DOES NOT ATTEND EACH  COMPLETE
SESSION  OF  THE  PROGRAM  MAY  BE DEEMED TO HAVE FAILED TO COMPLETE THE
PROGRAM. THE OFFICE SHALL NOTIFY THE  REFERRING  COURT  OF  AN  ELIGIBLE
OFFENDER'S  UNEXCUSED  FAILURE TO COMPLETE THE PROGRAM WITHIN THREE DAYS
OF THE ELIGIBLE OFFENDER'S FAILURE TO ATTEND A SESSION.
  6. WITHIN TWENTY DAYS OF THE DATE UPON  WHICH  THE  ELIGIBLE  OFFENDER
COMPLETES THE PROGRAM, THE OFFICE SHALL PROVIDE THE REFERRING COURT WITH
A  CERTIFICATION  THAT  THE ELIGIBLE OFFENDER HAS SUCCESSFULLY COMPLETED
THE PROGRAM.
  7. AS USED IN THIS SECTION:
  A. "ELIGIBLE OFFENDER" MEANS AN OFFENDER AS DEFINED IN SUBDIVISION TWO
OF SECTION 530.15 OF THE CRIMINAL PROCEDURE LAW;

S. 5253--A                          3

  B. "ELIGIBLE OFFENSE" MEANS AN OFFENSE AS DEFINED IN  SUBDIVISION  TWO
OF SECTION 530.15 OF THE CRIMINAL PROCEDURE LAW; AND
  C.  "PROGRAM" MEANS THE EDUCATION REFORM PROGRAM DEVELOPED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION.
  S 4. The criminal procedure law is amended by  adding  a  new  section
530.15 to read as follows:
S 530.15 DIVERSIONARY PROGRAM FOR ELIGIBLE OFFENSES.
  1.  A  CASE  AGAINST AN ELIGIBLE OFFENDER WHO HAS BEEN CHARGED WITH AN
ELIGIBLE OFFENSE, AS DEFINED IN SUBDIVISION TWO OF THIS  SECTION,  SHALL
BE DIVERTED FROM PROSECUTION TO THE EDUCATIONAL REFORM PROGRAM DESCRIBED
IN SECTION FOUR HUNDRED TWENTY-THREE-B OF THE SOCIAL SERVICES LAW ON THE
CONDITIONS  PROVIDED  IN THIS SECTION. AN OFFENDER WHO QUALIFIES FOR AND
SUCCESSFULLY COMPLETES THE EDUCATIONAL REFORM  PROGRAM  SHALL  HAVE  THE
OPPORTUNITY  TO AVOID PROSECUTION FOR THE ELIGIBLE OFFENSE.  PROSECUTION
OF THE OFFENDER FOR THE ELIGIBLE OFFENSE SHALL BE DEFERRED FOR THE PERI-
OD DURING WHICH THE OFFENDER ATTENDS THE PROGRAM. THE COURT SHALL INFORM
AN OFFENDER OF THE POSSIBILITY OF DIVERSION TO THE PROGRAM AT  THE  TIME
OF ARRAIGNMENT.
  2. AS USED IN THIS SECTION:
  (A)  "CYBERBULLYING" MEANS COMMUNICATION WITH INTENT TO COERCE, INTIM-
IDATE, HARASS OR CAUSE SUBSTANTIAL EMOTIONAL DISTRESS TO A PERSON, USING
ELECTRONIC MEANS TO SUPPORT SEVERE, REPEATED AND HOSTILE BEHAVIOR.
  (B) "ELIGIBLE OFFENDER" MEANS A PERSON EIGHTEEN YEARS OLD  OR  YOUNGER
WHO  HAS  BEEN  CHARGED  WITH  AN ELIGIBLE OFFENSE AND WHOSE CASE CAN BE
DIVERTED TO THE EDUCATIONAL REFORM PROGRAM.
  (C) "ELIGIBLE OFFENSE" MEANS AN OFFENSE WHICH INVOLVES SEXTING, CYBER-
BULLYING OR ANY OFFENSE DEFINED IN SECTION 245.10 OF THE PENAL LAW.
  (D) "PROGRAM" OR "EDUCATIONAL REFORM PROGRAM"  MEANS  THE  EDUCATIONAL
REFORM  PROGRAM  DESCRIBED IN SECTION FOUR HUNDRED TWENTY-THREE-B OF THE
SOCIAL SERVICES LAW.
  (E) "SEXTING" MEANS THE CREATION,  EXHIBITION  OR  DISTRIBUTION  OF  A
PHOTOGRAPH  DEPICTING  NUDITY  THROUGH THE USE OF AN ELECTRONIC COMMUNI-
CATION DEVICE,  AN  INTERACTIVE  WIRELESS  COMMUNICATIONS  DEVICE  OR  A
COMPUTER, WHEN THE CREATOR THEREOF AND THE SUBJECT OF THE PHOTOGRAPH ARE
BOTH  UNDER  THE AGE OF SIXTEEN YEARS OR WERE BOTH UNDER SUCH AGE AT THE
TIME OF ITS MAKING.
  3. DIVERSION TO THE PROGRAM SHALL BE LIMITED TO SITUATIONS WHERE:
  (A) THE OFFENDER HAS NOT PREVIOUSLY BEEN ADJUDICATED DELINQUENT FOR OR
CONVICTED OF A CRIME OR OFFENSE WHICH, IF COMMITTED BY AN  ADULT,  WOULD
CONSTITUTE A VIOLATION OF THE PROVISIONS OF SECTION 235.05 (OBSCENITY IN
THE  THIRD  DEGREE);  235.06  (OBSCENITY  IN  THE SECOND DEGREE); 235.07
(OBSCENITY IN THE FIRST DEGREE); 235.21 (DISSEMINATING INDECENT MATERIAL
TO MINORS IN THE SECOND DEGREE); 235.22 (DISSEMINATING INDECENT MATERIAL
TO MINORS IN THE FIRST DEGREE);  263.10  (PROMOTING  AN  OBSCENE  SEXUAL
PERFORMANCE  BY  A CHILD); 263.11 (POSSESSING AN OBSCENE SEXUAL PERFORM-
ANCE BY A CHILD); 263.15 (PROMOTING A SEXUAL PERFORMANCE BY A CHILD); OR
263.16 (POSSESSING A SEXUAL PERFORMANCE BY A CHILD) OF THE PENAL LAW;
  (B) THE OFFENDER WAS NOT AWARE THAT HIS OR HER ACTIONS  COULD  CONSTI-
TUTE A CRIMINAL OFFENSE;
  (C) THE OFFENDER DID NOT HAVE THE INTENT TO COMMIT A CRIMINAL OFFENSE;
  (D)  THERE IS A LIKELIHOOD THAT THE OFFENDER'S OFFENSE IS RELATED TO A
CONDITION OR SITUATION THAT WOULD BE CONDUCIVE TO CHANGE THROUGH HIS  OR
HER PARTICIPATION IN THE EDUCATIONAL PROGRAM; AND
  (E)  THE BENEFITS TO SOCIETY IN ADMITTING THE OFFENDER INTO THE EDUCA-
TIONAL PROGRAM OUTWEIGH THE HARM DONE TO SOCIETY BY ABANDONING  CRIMINAL
PROSECUTION OR ANY PUNITIVE MEASURE.

S. 5253--A                          4

  4.  (A)  THE DETERMINATION OF WHETHER A CASE AGAINST AN OFFENDER SHALL
BE DIVERTED TO THE PROGRAM SHALL BE MADE:
  (1)  BY  THE DISTRICT ATTORNEY AT ANY TIME PRIOR TO ARRAIGNMENT OF THE
ELIGIBLE OFFENDER ON THE CHARGES CONSTITUTING THE ELIGIBLE OFFENSE; OR
  (2) BY THE JUDGE AT ANY TIME AFTER ARRAIGNMENT OF THE ELIGIBLE  OFFEN-
DER ON THE CHARGES CONSTITUTING THE ELIGIBLE OFFENSE BUT BEFORE ENTRY OF
A  GUILTY  PLEA OR COMMENCEMENT OF TRIAL UPON: (I) THE RECOMMENDATION OF
THE DISTRICT ATTORNEY; (II) THE REQUEST OF THE DEFENDANT; OR  (III)  THE
COURT'S OWN INITIATIVE.
  (B)  IN  DETERMINING  WHETHER THE CASE SHALL BE DIVERTED TO THE EDUCA-
TIONAL PROGRAM, THE COURT SHALL CONSIDER, IN ADDITION  TO  THE  REQUIRE-
MENTS OF SUBDIVISION THREE OF THIS SECTION:
  (1)  THE SERIOUSNESS OF THE ALLEGED OFFENSE OR CONDUCT AND THE CIRCUM-
STANCES IN WHICH IT OCCURRED;
  (2) THE AGE AND  MATURITY  OF  THE  OFFENDER,  INCLUDING  ANY  SPECIAL
CIRCUMSTANCES  ATTENDANT  TO  THE  OFFENDER'S  ABILITY TO COMPREHEND THE
CONSEQUENCES OF HIS OR HER ACTIONS;
  (3) THE RISK THAT THE OFFENDER PRESENTS AS  A  SUBSTANTIAL  DANGER  TO
OTHERS;
  (4)  THE FAMILY CIRCUMSTANCES, INCLUDING ANY HISTORY OF DRUGS, ALCOHOL
ABUSE OR CHILD ABUSE ON THE PART OF THE OFFENDER, HIS PARENTS OR GUARDI-
AN;
  (5) THE NATURE AND NUMBER OF CONTACTS WITH THE  DEPARTMENT  OF  SOCIAL
SERVICES AND THE COURT THAT THE OFFENDER OR HIS OR HER FAMILY HAVE HAD;
  (6) THE OUTCOME OF THOSE CONTACTS, INCLUDING THE SERVICES TO WHICH THE
OFFENDER  OR  FAMILY  HAVE BEEN REFERRED AND THE RESULTS OF THOSE REFER-
RALS; AND
  (7) ANY RECOMMENDATION EXPRESSED BY THE DISTRICT ATTORNEY.
  5. (A) IF THE CASE IS DIVERTED TO THE PROGRAM  AFTER  ARRAIGNMENT,  AN
ORDER  SHALL  BE  ENTERED  DIRECTING  THAT  THE  CASE BE DIVERTED TO THE
PROGRAM AND SPECIFYING THAT THE PROSECUTION  OF  THE  OFFENDER  FOR  THE
ELIGIBLE  OFFENSE  SHALL  BE  DEFERRED  FOR  THE PERIOD DURING WHICH THE
OFFENDER ATTENDS THE PROGRAM.
  (B) AN ELIGIBLE OFFENDER MAY DECLINE TO PARTICIPATE IN THE PROGRAM. AN
OFFENDER WHO DECLINES TO PARTICIPATE IN  THE  PROGRAM  MAY  SUBSEQUENTLY
REQUEST  THAT  HIS  OR  HER  CASE BE DIVERTED TO THE PROGRAM AT ANY TIME
BEFORE THE ENTRY OF A GUILTY PLEA OR THE COMMENCEMENT OF TRIAL.
  6. WITHIN FIVE DAYS OF THE DATE OF ENTRY OF AN  ORDER  DIRECTING  THAT
THE  CASE  BE  DIVERTED  TO  THE  PROGRAM,  THE CLERK OF THE COURT SHALL
FORWARD TO THE PROGRAM A COPY OF THE ORDER DIVERTING  THE  CASE  TO  THE
PROGRAM,  ALONG  WITH  THE ADDRESS, TELEPHONE NUMBER AND SOCIAL SECURITY
NUMBER OF THE ELIGIBLE OFFENDER AND THE  NAME,  ADDRESS,  AND  TELEPHONE
NUMBERS OF THE ELIGIBLE OFFENDER'S PARENTS OR GUARDIANS.
  7.  AN  ELIGIBLE OFFENDER WHO FAILS TO COMPLETE THE PROGRAM SHALL HAVE
HIS OR HER CASE IMMEDIATELY REINSTATED TO THE CALENDAR OF THE  REFERRING
COURT.  THE COURT, IN ITS DISCRETION, MAY DIVERT THE CASE TO THE PROGRAM
ONE ADDITIONAL TIME.
  8. UPON SUCCESSFUL COMPLETION OF THE  PROGRAM,  AS  CERTIFIED  BY  THE
OFFICE  OF  CHILDREN AND FAMILY SERVICES, AN ELIGIBLE OFFENDER MAY APPLY
TO THE COURT ON A FORM PROVIDED FOR THAT PURPOSE, FOR DISMISSAL  OF  THE
CHARGES  ARISING  FROM  THE  ELIGIBLE OFFENSE FOR WHICH THE OFFENDER WAS
REFERRED TO THE PROGRAM. IN THE EXERCISE OF THE COURT'S DISCRETION, UPON
RECEIPT OF SUCH APPLICATION AND UPON  PAYMENT  OF  ANY  COSTS  OR  CIVIL
PENALTIES  FOR  WHICH  THE ELIGIBLE OFFENDER MAY BE LIABLE, THE COURT IS
AUTHORIZED TO DISMISS THE CASE AGAINST THE ELIGIBLE  OFFENDER  OR  ORDER
THAT  THE  CASE  BE  ADJOURNED  IN CONTEMPLATION OF DISMISSAL. THE COURT

S. 5253--A                          5

SHALL  CONSIDER  ALL  CIRCUMSTANCES,  REFERENCES  AND   RECOMMENDATIONS,
INCLUDING  BUT  NOT  LIMITED  TO  RECOMMENDATIONS  AS TO (I) WHETHER THE
ELIGIBLE OFFENDER COMPREHENDS THE LEGAL AND NON-LEGAL CONSEQUENCE OF HIS
OR  HER ACTIONS (II) WHETHER THE ELIGIBLE OFFENDER COMPREHENDS THE RISKS
ATTENDANT TO HIS OR HER ACTIONS AND (III) WHETHER THE ELIGIBLE  OFFENDER
IS  LIKELY  TO  RE-OFFEND,  IN  EXERCISING ITS DISCRETION WITH REGARD TO
DISMISSAL OF THE CHARGES.
  9.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,   THE
PROVISIONS  OF  THIS  SECTION  SHALL  BE APPLICABLE TO ANY PROCEEDING IN
FAMILY COURT THAT INVOLVES AN ELIGIBLE OFFENSE  COMMITTED  BY  A  PERSON
EIGHTEEN YEARS OLD OR YOUNGER.
  10.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED AS PRECLUDING OTHER
DISCIPLINARY ACTION OR THE PROSECUTION OF A RESPONDENT FOR  THE  COMMIS-
SION  OF  A  DIFFERENT  OFFENSE  WHILE PARTICIPATING IN THE DIVERSIONARY
PROGRAM.
  S 5. The family court act is amended by adding a new section 303.4  to
read as follows:
  S  303.4.  DIVERSIONARY PROGRAM FOR ELIGIBLE OFFENSES. NOTWITHSTANDING
ANY PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF  SECTION  530.15
OF  THE  CRIMINAL PROCEDURE LAW SHALL BE APPLICABLE TO ANY PROCEEDING IN
FAMILY COURT THAT INVOLVES AN ELIGIBLE OFFENSE  COMMITTED  BY  A  PERSON
EIGHTEEN YEARS OLD OR YOUNGER.
  S 6. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that, effective immediately, the
commissioner of the office of children and family services, the  commis-
sioner of the department of education and the chief administrator of the
courts  shall  promulgate  any  rules and regulations and take all other
actions necessary to implement the provisions of this act on  or  before
its effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5253--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sens. HANNON, ADAMS -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the social services law, the family court act and the
  penal law, in relation to creating an  education  reform  program  for
  certain  individuals  charged  with  certain  offenses  involving  the
  creation, exhibition or distribution of a photograph depicting  nudity
  through  the use of an electronic communication device, an interactive
  wireless communications device or a computer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as "the cyber-
crime youth rescue act".
  S 2. Article 6 of the social services law is amended by adding  a  new
title 11 to read as follows:
                                 TITLE 11
                        EDUCATION REFORM PROGRAM
SECTION 458-L. EDUCATION REFORM PROGRAM.
  S 458-L. EDUCATION REFORM PROGRAM. 1. AS USED IN THIS SECTION:
  (A)  "ELIGIBLE  PERSON"  MEANS  AN  INDIVIDUAL WHO IS THE SUBJECT OF A
PENDING PETITION IN FAMILY COURT ALLEGING HE OR  SHE  HAS  COMMITTED  AN
ELIGIBLE  OFFENSE  OR  A PERSON WHO HAS BEEN CHARGED, IN CRIMINAL COURT,
WITH AN ELIGIBLE OFFENSE AS THAT TERM IS DEFINED  IN  PARAGRAPH  (B)  OF
THIS SUBDIVISION.
  (B) "ELIGIBLE OFFENSE" MEANS A CRIME OR OFFENSE COMMITTED BY AN ELIGI-
BLE  PERSON  THAT  INVOLVED  CYBERBULLYING  OR THE SENDING OR RECEIPT OF
OBSCENITY, AS DEFINED IN SUBDIVISION ONE OF SECTION 235.00 OF THE  PENAL
LAW,  OR  NUDITY, AS DEFINED IN SUBDIVISION TWO OF SECTION 235.20 OF THE
PENAL LAW, WHEN THE SENDER AND THE RECEIVER THEREOF WERE BOTH UNDER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11384-06-1
              

S. 5253--B                          2

AGE  OF TWENTY AT THE TIME OF SUCH COMMUNICATION, BUT NOT MORE THAN FIVE
YEARS APART IN AGE.
  (C) "PROGRAM" MEANS THE EDUCATION REFORM PROGRAM DEVELOPED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION.
  2.  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  HEREINAFTER THE
"OFFICE," SHALL DEVELOP AND IMPLEMENT, IN CONSULTATION WITH THE DIVISION
OF CRIMINAL JUSTICE SERVICES AND  THE  STATE  EDUCATION  DEPARTMENT,  AN
EDUCATION  REFORM PROGRAM FOR ELIGIBLE PERSONS WHO HAVE BEEN REQUIRED TO
COMPLETE SUCH PROGRAM PURSUANT TO ARTICLE THREE OR SEVEN OF  THE  FAMILY
COURT ACT OR SECTION 60.37 OF THE PENAL LAW.
  3.  THE  PROGRAM  SHALL BE AVAILABLE IN EVERY JUDICIAL DISTRICT IN THE
STATE; PROVIDED THAT IF THE OFFICE DETERMINES THAT THERE IS NOT A SUFFI-
CIENT NUMBER OF ELIGIBLE OFFENSES IN A JUDICIAL DISTRICT TO MANDATE  THE
IMPLEMENTATION  OF A PROGRAM, PROVISIONS SHALL BE MADE FOR THE RESIDENTS
OF SUCH JUDICIAL DISTRICT TO PARTICIPATE IN A PROGRAM IN  ANOTHER  JUDI-
CIAL DISTRICT WHERE A PROGRAM EXISTS IF PRACTICABLE WITH REGARD TO TRAV-
EL AND COST, OR TO COMPLETE THE EDUCATION COURSE ONLINE.
  4.  THE  PROGRAM  SHALL  INVOLVE  UP TO EIGHT HOURS OF INSTRUCTION AND
SHALL PROVIDE, AT A MINIMUM, INFORMATION CONCERNING:
  (A) THE LEGAL CONSEQUENCES OF  AND  POTENTIAL  PENALTIES  FOR  SHARING
SEXUALLY  SUGGESTIVE MATERIALS, EXPLICIT MATERIALS OR ABUSIVE MATERIALS,
INCLUDING SANCTIONS IMPOSED UNDER APPLICABLE FEDERAL AND STATE STATUTES;
  (B) THE NON-LEGAL CONSEQUENCES OF SHARING SEXUALLY SUGGESTIVE  MATERI-
ALS, EXPLICIT MATERIALS OR ABUSIVE MATERIALS, INCLUDING, BUT NOT LIMITED
TO,  THE  POSSIBLE  EFFECT  ON  RELATIONSHIPS,  LOSS  OF EDUCATIONAL AND
EMPLOYMENT OPPORTUNITIES, AND THE POTENTIAL FOR BEING BARRED OR  REMOVED
FROM SCHOOL PROGRAMS AND EXTRACURRICULAR ACTIVITIES;
  (C)  HOW  THE  UNIQUE  CHARACTERISTICS OF CYBERSPACE AND THE INTERNET,
INCLUDING THE POTENTIAL ABILITY OF AN INFINITE AUDIENCE TO  UTILIZE  THE
INTERNET  TO  SEARCH  FOR AND REPLICATE MATERIALS, CAN PRODUCE LONG-TERM
AND UNFORESEEN CONSEQUENCES FOR SHARING SEXUALLY  SUGGESTIVE  MATERIALS,
EXPLICIT MATERIALS OR ABUSIVE MATERIALS; AND
  (D)  THE  POTENTIAL CONNECTION BETWEEN BULLYING AND CYBER-BULLYING AND
JUVENILES SHARING SEXUALLY SUGGESTIVE MATERIALS, EXPLICIT  MATERIALS  OR
ABUSIVE MATERIALS.
  5.  UPON  RECEIPT OF THE COURT ORDER, PURSUANT TO THE FAMILY COURT ACT
OR SECTION 60.37 OF THE PENAL  LAW,  DIRECTING  AN  ELIGIBLE  PERSON  TO
ATTEND  THE  PROGRAM,  THE  OFFICE, AFTER CONSULTATION WITH THE ELIGIBLE
PERSON AND THE ATTORNEY FOR SUCH PERSON,  SHALL  SCHEDULE  THE  ELIGIBLE
PERSON  TO  ATTEND  THE  NEXT AVAILABLE SESSION OF THE PROGRAM AND SHALL
SEND WRITTEN NOTICE OF THE SCHEDULING, ALONG WITH  THE  DATE,  TIME  AND
LOCATION  OF THE SESSION OR SESSIONS, TO THE ELIGIBLE PERSON, THE ATTOR-
NEY FOR SUCH PERSON AND THE CLERK OF THE REFERRING COURT.
  6. WITHIN TWENTY DAYS OF THE  DATE  UPON  WHICH  THE  ELIGIBLE  PERSON
COMPLETES  THE  PROGRAM,  THE  OFFICE  SHALL  PROVIDE SUCH PERSON WITH A
CERTIFICATION THAT HE OR SHE HAS SUCCESSFULLY COMPLETED THE PROGRAM.
  S 3. Subdivision 1 of section  315.3  of  the  family  court  act,  as
amended  by  chapter  237  of  the  laws  of 1991, is amended to read as
follows:
  1. Except where the petition alleges that the respondent has committed
a designated felony act, the court may at any time prior to the entering
of a finding under section 352.1 and with the consent of the  respondent
order  that the proceeding be "adjourned in contemplation of dismissal".
An adjournment in contemplation of dismissal is an  adjournment  of  the
proceeding,  for a period not to exceed six months, with a view to ulti-
mate dismissal of the petition in furtherance of justice.  Upon  issuing

S. 5253--B                          3

such  an  order,  providing such terms and conditions as the court deems
appropriate, the court must release the respondent. The court may, as  a
condition  of  an  adjournment  in  contemplation of dismissal order, in
cases  where  the  record  indicates that the consumption of alcohol may
have been a contributing factor, require the respondent  to  attend  and
complete an alcohol awareness program established pursuant to [paragraph
six-a]  of  subdivision  (a) of section 19.07 of the mental hygiene law.
THE COURT MAY, AS A CONDITION OF  AN  ADJOURNMENT  IN  CONTEMPLATION  OF
DISMISSAL ORDER, IN CASES WHERE THE RECORD INDICATES THAT THE RESPONDENT
IS  AN  ELIGIBLE PERSON AS DEFINED IN SECTION FOUR HUNDRED FIFTY-EIGHT-L
OF THE SOCIAL SERVICES LAW  AND  HAS  ALLEGEDLY  COMMITTED  AN  ELIGIBLE
OFFENSE  AS DEFINED IN SUCH SECTION, DIRECT THE RESPONDENT TO ATTEND AND
COMPLETE AN EDUCATION REFORM PROGRAM  ESTABLISHED  PURSUANT  TO  SECTION
FOUR  HUNDRED  FIFTY-EIGHT-L  OF  THE SOCIAL SERVICES LAW. Upon ex parte
motion by the presentment agency, or upon the court's own  motion,  made
at  the time the order is issued or at any time during its duration, the
court may restore the matter to the calendar. If the proceeding  is  not
restored,  the  petition  is,  at the expiration of the order, deemed to
have been dismissed by the court in furtherance of justice.
  S 4. Subdivision 1 of section 353.1 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  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 INDI-
CATES THE RESPONDENT QUALIFIES AS AN ELIGIBLE PERSON AND HAS BEEN  ADJU-
DICATED  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.
  S 5. Paragraph (i) of subdivision (d) of section  735  of  the  family
court  act, as added by section 7 of part E of chapter 57 of the laws of
2005, is amended to read as follows:
  (i) providing, at the first contact, information on  the  availability
of  or a referral to services in the geographic area where the youth and
his or her family are located that may be of  benefit  in  avoiding  the
need  to file a petition under this article; including the availability,
for up to twenty-one days, of a  residential  respite  program,  if  the
youth  and his or her parent or other person legally responsible for his
or her care agree, and the availability of other non-residential  crisis
intervention  programs  such  as family crisis counseling or alternative
dispute resolution programs OR AN  EDUCATIONAL  PROGRAM  AS  DEFINED  IN
SECTION FOUR HUNDRED FIFTY-EIGHT-L OF THE SOCIAL SERVICES LAW.
  S 6. The penal law is amended by adding a new section 60.37 to read as
follows:
S 60.37 AUTHORIZED DISPOSITION; CERTAIN OFFENSES.
  WHEN  A  PERSON  HAS  BEEN CHARGED WITH AN OFFENSE AND THE ELEMENTS OF
SUCH OFFENSE MEET THE CRITERIA OF AN "ELIGIBLE OFFENSE" AND SUCH  PERSON
QUALIFIES  AS  AN "ELIGIBLE PERSON" AS SUCH TERMS ARE DEFINED IN SECTION
FOUR HUNDRED FIFTY-EIGHT-L OF THE SOCIAL SERVICES LAW, THE COURT MAY, AS
A CONDITION OF PROBATION OR A CONDITIONAL  DISCHARGE,  DIRECT  THAT  THE
DEFENDANT  PARTICIPATE IN AN EDUCATION REFORM PROGRAM PURSUANT TO SUBDI-

S. 5253--B                          4

VISION TWO OF SECTION FOUR HUNDRED FIFTY-EIGHT-L OF THE SOCIAL  SERVICES
LAW.
  S 7. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that, effective immediately, the
commissioner of the office of children and family services shall promul-
gate any rules and regulations and take all other actions  necessary  to
implement the provisions of this act on or before such effective date.