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Probation Department

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1. What are your hours of operation?

Monday, Tuesday, and Friday 8:00am - 4:00pm. Wednesday and Thursday 8:00am - 5:00pm. We are closed all government holidays expect Juneteenth. 

2. What is Probation Supervision?

Probation supervision is an alternative to incarceration in the criminal court system. Probation is a sentence for unacceptable behavior in the family court system. A period of probation supervision influences law abiding behavior while allowing the probationer to continue to reside and function in the community.

3. Is probation supervision the same as parole supervision?

No, probation is a county function in New York State. The Division of Probation and Correctional Alternatives (OPCA) provides regulatory oversight and funding to local probation departments. Parole is a portion of New York State Department of Corrections and Community Supervision (DOCCS) and is served in the community following a term of incarceration in state prison. 

4. I know someone on probation is violating their conditions of probation, how do I report that?

Please follow these instructions: Report Probation Non-Compliance.

5. How do I obtain my criminal history?

You may contact the New York State Office of Court Administration (OCA) for a name-based check by visiting this website: OCA-CHRS

You may also request your own personal record at: New York State Department of Justice or Federal Bureau of Investigations

There are also a multitude of private entities that will provide individual and third party background/criminal history checks.

6. Do I qualify to have my criminal conviction sealed?

You may qualify to have your criminal conviction sealed if the following statements apply to you:

1. I was convicted of a crime or crimes in no more than two criminal transactions in New York State or elsewhere, and no more than one of those criminal convictions includes a conviction for a felony offense. (You are telling the court that you have not been convicted in more than two criminal cases, and that no more than one of those cases was a conviction for a felony charge).

2. I do not have any open or pending criminal charges against me.

3. I am not applying to seal any of the following offenses (check your Certificate of Disposition to verify that it does not include any of the following charges):

a. Sex offense defined in article one hundred thirty of the Penal Law (PL 130.20 Sexual Misconduct; PL 130.25 Rape 3°; PL 130.30 Rape 2°; PL 130.35 Rape 1°; PL 130.40 Criminal Sexual Act 3°; PL 130.45 Criminal Sexual Act 2°; PL 130.50 Criminal Sexual Act 1°; PL 130.52 Forcible Touching; PL 130.53 Persistent Sexual Abuse; PL 130.55 Sexual Abuse 3°; PL 130.60 Sexual Abuse 2°; PL 130.65 Sexual Abuse 1°; PL 130.65-a Aggravated Sexual Abuse 4°; PL 130.66 Aggravated Sexual Abuse 3°; PL 130.67 Aggravated Sexual Abuse 2°; PL 130.70 Aggravated Sexual Abuse 1°; PL 130.75 Course of Sexual Conduct Against a Child 1°; PL 130.80 Course of Sexual Conduct Against a Child 2°; PL 130.85 Female Genital Mutilation; PL 130.90 Facilitating a Sex Offense with a Controlled Substance; PL 130.91 Sexually Motivated Felony; PL 130.95 Predatory Sexual Assault; PL 130.96 Predatory Sexual Assault Against a Child);

b. An offense defined in article two hundred sixty-three of the Penal Law (PL 263.05 Use of a Child in a Sexual Performance; PL 263.10 Promoting an Obscene Sexual Performance by a Child; PL 263.11 Possessing an Obscene Sexual Performance by a Child; PL 263.15 Promoting a Sexual Performance by a Child; PL 263.16 Possessing a Sexual Performance by a Child; PL 263.30 Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol);

c. A felony offense defined in article one hundred twenty-five of the Penal Law (PL 125.10 Criminally Negligent Homicide; PL 125.11 Aggravated Criminally Negligent Homicide; PL 125.12 Vehicular Manslaughter 2°; PL 125.13 Vehicular Manslaughter 1°; PL 125.14 Aggravated Vehicular Homicide; PL 125.15 Manslaughter 2°; PL 125.20 Manslaughter 1°; PL 125.21 Aggravated Manslaughter 2°; PL 125.22 Aggravated Manslaughter 1°; PL 125.25 Murder 2°; PL 125.26 Aggravated Murder; PL 125.27 Murder 1°; PL 125.40 Abortion 2°; PL 125.45 Abortion 1°; PL 125.50 Self-Abortion 2°; PL 125.55 Self- Abortion 1°; PL 125.60 Issuing Abortion Articles);

d. A violent felony offense defined in section 70.02 of the Penal Law (CLASS B VIOLENT FELONY OFFENSES: PL 110/125.25 Attempted Murder 2°; PL 110/135.25 Attempted Kidnapping 1°; PL 110/150.20 Attempted Arson 1°; PL 125.20 Manslaughter 1°; PL 125.22 Aggravated Manslaughter 1°; PL 130.35 Rape 1°; PL 130.50 Criminal Sexual Act 1°; PL 130.70 Aggravated Sexual Abuse 1°; PL 130.75 Course of Sexual Conduct Against a Child 1°; PL 120.10 Assault 1°; PL 135.20 Kidnapping 2°; PL 140.30 Burglary 1°; PL 150.15 Arson 2°; PL 160.15 Robbery 1°; PL 230.34(5)(a)&(b) Sex Trafficking; PL 255.27 Incest 1°; PL 265.04 Criminal Possession of a Weapon 1°; PL 265.09 Criminal Use of a Firearm 1°; PL 265.13 Criminal Sale of a Firearm 1°; PL 120.11 Aggravated Assault upon a Police Officer or a Peace Officer; PL 120.07 Gang Assault 1°; PL 215.17 Intimidating a Victim or Witness 1°; PL 490.35 Hindering Prosecution of Terrorism 1°; PL 490.40 Criminal Possession of a Chemical Weapon or Biological Weapon 2°; PL 490.47 Criminal Use of a Chemical Weapon or Biological Weapon 3°); (CLASS C VIOLENT FELONY OFFENSES: An attempt to commit any of the Class B violent felony offenses listed above; PL 125.11 Aggravated Criminally Negligent Homicide; PL 125.21 Aggravated Manslaughter 2°; PL 130.67 Aggravated Sexual Abuse 2°; PL 120.08 Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional; PL 120.09 Assault on a Judge; PL 120.06 Gang Assault 2°; PL 121.13 Strangulation 1°; PL 140.25 Burglary 2°; PL 160.10 Robbery 2°; PL 265.03 Criminal Possession of a Weapon 2°; PL 265.08 Criminal Use of a Firearm 2°; PL 265.12 Criminal Sale of a Firearm 2°; PL 265.14 Criminal Sale of a Firearm with the Aid of a Minor; PL 265.19 Aggravated Criminal Possession of a Weapon; PL 490.15 Soliciting or Providing Support for an Act of Terrorism 1°; PL 490.30 Hindering Prosecution of Terrorism 2°; PL 490.37 Criminal Possession of a Chemical Weapon or Biological Weapon 3°); (CLASS D VIOLENT FELONY OFFENSES: An attempt to commit any of the Class C violent felony offenses listed above; PL 120.02 Reckless Assault of a Child; PL 120.05 Assault 2°; PL 120.18 Menacing a Police Officer or Peace Officer; PL 120.60 Stalking 1°; PL 121.12 Strangulation 2°; PL 130.30 Rape 2°; PL 130.45 Criminal Sexual Act 2°; PL 130.65 Sexual abuse 1°; PL 130.80 Course of Sexual Conduct Against a Child 2°; PL 130.66 Aggravated Sexual Abuse 3°; PL 130.90 Facilitating a Sex Offense with a Controlled Substance; PL 135.35 (3)(a)&(b) Labor Trafficking; PL 265.02 (5), (6), (7), (8), (9) or (10); PL 265.11 Criminal Sale of a Firearm 3°; PL 215.16 Intimidating a Victim or Witness 2°; PL 490.10 Soliciting or Providing Support for an Act of Terrorism 2°; PL 490.20 Making a Terroristic Threat; PL 240.60 Falsely Reporting an Incident 1°; PL 240.62 Placing a False Bomb or Hazardous Substance 1°; PL 240.63 Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, Mass Transportation Facility or Enclosed Shopping Mall; PL 405.18 Aggravated Unpermitted Use of Indoor Pyrotechnics 1°) (CLASS E VIOLENT FELONY OFFENSES: PL 110/265.02 (5), (6), (7), or (8) Attempted Criminal Possession of a Weapon 3° as a lesser included offense of that section as defined in CPL 220.20; PL 130.53 Persistent Sexual Abuse; PL 130.65-a Aggravated Sexual Abuse 4°; PL 240.55 Falsely Reporting an Incident 2°; PL 240.61 Placing a False Bomb or Hazardous Substance 2°);

e. A class A felony offense defined in the Penal Law (abbreviated on your Certificate of Disposition as “AF”);

f. A felony offense defined in article one hundred five of the Penal Law where the underlying offense is not an eligible offense (PL 105.10 Conspiracy 4°; PL 105.13 Conspiracy 3°; PL 105.15 Conspiracy 2°; or PL 105.17 Conspiracy 1°; when the crime you conspired to commit is one of the charges listed in this section);

g. An attempt to commit an offense that is not an eligible offense if the attempt is a felony (An attempt to commit a crime is displayed on your Certificate of Disposition as “Attempted” and will have the number 110 displayed before the section and subsection (e.g., Attempted Robbery 2°; PL 110-160.10) If it is a felony level offense, the charge weight will be BF, CF, DF or EF); or,

h. An offense for which registration as a sex offender is required pursuant to article six-C of the correction law (A conviction that requires you to register as a sex offender).

4. It has been over 10 years since I was sentenced for my most recent case. I did not count any jail or prison time I served after being sentenced in calculating the 10-year period (Your most recent conviction and sentence must be more than ten years ago. However, if you were in jail or prison after you were sentenced, that time does not count. For example, your last conviction was 11 years ago and you served 2 years in state prison (11 – 2 = 9), that is only 9 years and you will not qualify for sealing for another year).

7. Can I obtain a US Passport if I have a criminal conviction?

Yes. For more information, please visit: US Department of Homeland Security

8. Can I travel abroad with a criminal conviction?

Yes, you may leave the United States if you are not currently under supervision. However, you must check with the Country in which you want to travel to. That County's Customs and Immigration Laws will determine if you are able to safely enter. 

9. Can I vote with a criminal conviction?

Yes, all US Citizens may vote in open elections. If you have served a period of straight incarceration, you may need to re-register. You can verify this information with the Livingston County Board of Elections. 

10. How do I apply to become an intern at the Probation Department?

If you are interested in being an intern at the Livingston County Probation Department, you will need to be present at least two full days per week and for the ENTIRE semester; even if your required hours have been completed. Upon receipt of your application and a short writing sample, they will be reviewed; if it is determined appropriate, an interview will be scheduled to gather further information from you, and a final determination will be made. You must provide a picture ID and current college identification/transcripts.  In addition, if you are interested in completing compliance checks on probationers in the field, you will need to provide proof of insurance coverage through your college institution.

Livingston County Probation Department receives numerous requests for internships.  Space is limited; please start your application process in the semester prior to the semester you wish to begin your internship.

11. What if I am an Employer and would like to talk to somebody at the Probation Department regarding general questions about probation conditions relating to employment?

Probation Employment Liaison:

The Livingston County Probation Department recognizes the importance of sustained employment for individuals under community supervision. Employment provides individuals a means to self-sufficiency and the ability to support their families, as well as the capacity to structure their time in positive ways.

Probation also understands the needs of area employers and their ability to ask questions of probation officers about work schedules and other work environment related issues.

Accordingly, the Livingston County Probation Department has designated a single point of contact or Probation Employment Liaison officer to communicate with area employers.

Please feel free to contact Probation Director, Lynne Mignemi, at (585) 243-7190 or via email (lmignemi@co.livingston.ny.us) if you are an area employer who has any general questions about probation conditions relating to employment, employment opportunities for individuals on probation, or if you have any other employment related questions or concerns.

On a related note, the NYS Department of Labor offers information for both job seekers and employers on some of the incentives and options available to individuals with known barriers to employment that include having a criminal history. With these links, please find fact sheets describing the Work Opportunity Tax Credit and the Federal Bonding Program.

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Probation Department - Adult Services

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1. What can I expect after I am sentenced to probation?

• After you leave court, the Probation Department is notified of your sentence and a case file will be opened.
• A probation officer will be assigned to supervise your case and will contact you via telephone or letter to inform you of your initial reporting date and time.
• Your probation conditions are in full force and effect beginning on your sentencing date.  
• Any changes in contact information, to include phone number and address, must be reported to the Probation Department immediately. 
• If you have any questions prior to your case assignment, call the Probation Department and ask to speak to a supervisor.

2. What can I expect at my initial reporting appointment?

1. You will review and sign your conditions of probation.
2. If applicable, a DNA sample will be collected.
3. You will sign referrals for any services mandated by your probation conditions.  
4. Releases will be completed for primary contacts, as well as any services providers who you are working with.
5. If applicable, you will be required to provide a urine sample to test for drugs and alcohol.
6. You will be required to bring the following documentation to your initial reporting:
   • Verification of residency
   • Verification of employment/disability
   • Vehicle information (title, registration and insurance)
   • Verification of health insurance
   • Name/contact information for PCP and treatment providers
   • List of prescription medications
   • Photo identification
   • Contact information for primary contact

3. What do I do if I am sentence to probation but live in another county?

• Contact Transfer Designee, Liz Laney (585)243-7190 or elaney@co.livingston.ny.us
  1. The transfer process will take approximately 60 days.  You will be required to report by telephone or email on a weekly basis until your case is accepted in the receiving county.
  2. During the transfer process, you are required to immediately report any change in address, phone number, or police contact.

4. What do I do if my conditions of probation include electronic monitoring?

• Report to the Probation Department immediately upon sentencing unless otherwise instructed.  If sentenced in justice court, call Probation the next business day and ask to speak to a supervisor.
  1. A probation officer will determine which type of device you will be monitored by unless specified by your sentencing Judge.
  2. Types of devices include: GPS, alcohol monitoring, and home confinement.
  3. Cost is $5.00 - $7.00 per day

5. What do I do if my sentence includes intermittent incarceration?

Contact the Livingston County Jail at (585)243-7180 or report in person to determine requirements.

6. How do I contact my Probation Officer?

You may reach your Officer via telephone at (585)243-7190 or by email.

7. How often will I have to report to probation?

The frequency of your reporting will be determined by your risk level and your compliance with probation conditions/directives.  Expect to report weekly for at least the first four weeks after your initial reporting appointment.

8. What should I NOT bring to my appointment with my Probation Officer?

• You will be asked if you are carrying any weapons or prohibited items and you may be searched so you should not bring the following:
  1. Drugs and/or Paraphernalia
  2. Firearms
  3. Knives
  4. Box-Cutters
  5. Multi-Tools
  6. Aerosol Defense Spray
  7. Any item Carried with the Intent to Bring Harm to Another Individual
  8. Any Weapons Determined to be Contraband, Dangerous, or Unnecessary
  9. Recording Devices or Camera Cell Phones ( All regular cell phones must be turned off)
  10. Children and/or friends

9. Do I have to pay supervision fees?

If you are convicted of a DWI or DWAI, you are mandated to pay $30 per month in supervision fees for the duration of your probation sentence.   

10. Can I leave Livingston County while under probation supervision?

Your ability to travel will depend on your location destination/reason and your conviction. Day trips out of the county for work, medical, and other necessities is appropriate. If traveling within New York State overnight, you will need to obtain verbal permission from your Probation Officer.  If you plan to travel out of state, you will require a written travel pass, which must be requested at least five (5) business days in advance of your trip.  

11. Do I have to report police contact even if I am not arrested?

Yes.  You must report any and all contact with law enforcement to your Probation Officer.  

12. Can I take prescription medications?

Yes, as long as they are prescribed by a physician and taken in the prescribed dosage.  You will be expected to provide regular verification of your prescriptions and may be subjected to a medication count if needed.

13. What are the general conditions of probation?

The term "General Conditions of Probation" means specific supervision requirements prescribed by the court as part of the probation disposition to assist the probationer in leading a law-abiding life.

14. What is interim probation supervision?

When the court determines that a person is eligible for a probation sentence and the defendant agrees, the court may adjourn the sentencing for up to one year from the date of conviction by virtue of a defendant's plea or a finding of guilt and place a defendant under interim probation supervision. Please note that being placed on interim supervision does not guarantee a sentence to probation at the end of the interim period. In addition, if a defendant satisfactorily completes a term of interim probation supervision, he or she shall receive credit for the time served under the period of interim supervision toward any probation sentence that is subsequently imposed in that case.  Interim supervision may be terminated prior to the end of the term and may result in a sentence to incarceration based on the individual's performance while under interim supervision.

15. What is a split sentence?

Judges may sentence an offender directly to a term of probation or may impose a "split sentence" under which a period of incarceration at the beginning of the supervision period is a condition of the probation sentence. In any instance where a probationer is sentenced to a "split sentence" of straight incarceration, that probationer receives credit towards his/her MED (maximum expiration date) for any pre-sentence jail time served. It must be noted, any jail time on "split sentence" for a DWI/DWAI charge is served consecutively to the term of probation supervision. 

16. What is a violation of probation (VOP)?

A violation of probation can occur if you fail to follow your conditions or probation or you get arrested.  If a VOP is filed, you may be returned to Court to face violation proceedings, to include modification of conditions, resentencing to alternative programs, or revocation of your probation sentence, which could lead to a new sentence of jail or prison.

17. I am on probation for DWI or DWAI, how do I get my license back?

Direct all questions about relicensing to your probation officer. Courts in some counties may not allow DWI probationers to be relicensed while on probation. If relicensing is allowed, the probation officer will explain the requirements which you must complete. These requirements usually include the successful completion of a treatment program, up-to-date payments (of all fines, fees, and restitution), no re-arrests or convictions and a minimum length of time served on your probation period.  You may visit the NYS DMV for more information regarding DMV relicensing requirements after revocation. 

18. I am on probation for DWI, why have I been directed to put an Ignition Interlock Device (IID) on my car and why do I have to pay for it?

1. New York State law requires ignition interlocks to be installed at your expense in your car if you have been convicted of DWI for the second time within five years. You may be required to install the interlock on your car or the car that you have been driving even if it is owned by someone else. People who have been convicted more than once for DWI are more at risk for drinking and driving without a license. The ignition interlock is installed to protect the public.
2. You have 10 business days from your date of sentence to install an IID on any vehicle you own or operate, regardless of your license status. Probation can provide you with information on how to schedule installation. 

19. I am on probation for DWI and I do not drive. Why can't I consume alcohol?

If you are on probation for DWI you will have a condition of probation which requires abstinence from alcohol and other illegal drugs. Abstinence is required not only to prevent you from drinking and driving while on probation but also to assist you in rehabilitation. The probation officer will test you for use of alcohol and other drugs.

20. How do I do web or online reporting (Ce Check -In)?

Online Web Reporting can be found here: https://www.cecheckin.com/client/account/signin

For instructions, please refer to the Ce Check-In Handbook you were given by your PTS Officer or assigned Probation Officer. 

21. What if I forgot my PIN for Ce Check-In?

Your PIN can be acquired from your Assigned Probation Officer or your PTS Officer.

Or, you can refer to the Ce Check-In Handbook given to you at the time Ce Check-In was set up. 

22. How are sex offenders classified?

• There are three levels, based upon an offender's risk of committing another sex crime and harm to the community: Level 1 (low), Level 2 (moderate), and Level 3 (high).
• As a general rule, the sentencing court will determine an offender's risk level at the time of sentencing (in probation cases) or at the time of release from custody (in jail or prison cases).
• When an incarcerated offender is set to be released into the community, the Board of Examiners of Sex Offenders will evaluate the case and provide a risk level recommendation to the court. The court will hold a risk level hearing and assign a level to the offender prior to release. The risk level determines how much information can be provided to the community.
• There are also three designations that may be assigned to a sex offender: sexual predator, sexually violent offender, or predicate sex offender. These designations, along with risk level, govern the length of time that an offender must register.

23. What are my basic requirements while required to register with the New York State Sex Offender registry?

• Report annually where they live by signing and returning an annual verification form to DCJS within 10 days after receiving it.
• Notify DCJS in writing of a new address no later than 10 days after moving.
• Report in person to a local police agency to have a current photograph taken every three years (Level 1 and 2 offenders) or every year (Level 3 offenders)
• Notify DCJS in writing of any institution of higher education they are attending, enrolled, living or employed. Any change in status must be reported to DCJS no later than 10 days after the change.
• Provide in writing Internet service providers, Internet screen names and e-mail accounts.
• Level 3 offenders and offenders with a sexual predator designation must personally verify their addresses every 90 days with law enforcement. Law enforcement may at that time photograph a level 3 offender if that offender’s appearance has changed.
• For a complete list of requirements, the statute may be found on the New York State Senate website - New York Laws, Corrections Law 168. https://www.criminaljustice.ny.gov/nsor/claws.htm#f

24. Can I get an Early Discharge if I am on probation for a sex offense?

No, you must serve the entire duration of your probation sentence.

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Probation Department - Certificate of Relief from Disabilities

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1. When do I need a Certificate of Relief?

If you are at risk of losing your job, license or the right to engage in certain activities due to your conviction you need a Certificate of Relief to lawfully continue or to pursue those activities.   If you have been convicted of no more than one felony and wish to have your rights restored you need a Certificate of Relief.  If you have more than one felony conviction you are not eligible, unless they were handled in the same Court at the same time.

2. If I received Youthful Offender do I need a Certificate?

Youthful Offender is not a conviction so you do not need a Certificate.

3. What does a Certificate of Relief do?

A Certificate restores most of your rights that were lost because of a felony conviction.  It does not allow you to hold public office and it does not erase the conviction.  Also, a particular agency or authority can still deny you your rights based on further investigation. (ex:  You will not automatically be granted a liquor license just because you have a Certificate of Relief.  Also, a Certificate of Relief does not cancel or in any other way affect the automatic forfeiture of a felony DWI offender’s driver’s license.)

4. Who grants Certificates?

If you were sentenced to local time, Probation, conditional discharge, a fine or a combination of any of these, the Certificate will be issued by the Court where you were sentenced.  If your Probation case was transferred, the Court to where jurisdiction was transferred will issue the Certificate. If you are sentenced to a state correctional facility a Certificate would be issued by State Board of Parole.  

5. When are Certificates issued and how do I apply?

If you are eligible and receiving a revocable sentence, and your attorney makes a request to the Court, a Certificate will be issued at the time of sentencing.  If you are on Probation, your Officer can assist you with the paperwork.   If you are no longer on Probation or did not receive Probation, the paperwork is available at the Probation Department.  Probation will assist you in filling it out but it will be your responsibility to submit it to the Court that sentenced you with a letter of explanation as to why you want the Certificate.  The Court may request an investigation be prepared by the Probation department before making a decision whether or not to grant the Certificate. 

6. If I was sentenced in one county but my Probation was transferred to another county to which court do I go?

If you were sentenced after September 1^st, 2007 the jurisdiction in your case was automatically transferred to the supervising county and you should go there.  Prior to that time it depends on whether or not the jurisdiction of your case was transferred.  If it was transferred you would apply to the new county, if it was not transferred then you would go back to the sentencing county.  Check with the last Probation department you were involved with to see which county holds jurisdiction.

7. Can I get a hunting license and carry guns if I get a Certificate of Relief?

The New York State Penal Law section 265.20 states a person must be in possession of a Certificate of Good Conduct to legally possess a firearm if they have been convicted of a felony or serious offense.  The National Instant Criminal Background Check System(NICS) at the Federal level requires a Certificate of Good Conduct, as it is specified in the Penal Law, in order to purchase firearms.  It does not specifically address the possession of previously owned firearms.  They have indicated an individual must be eligible to possess both long guns and handguns without any restrictions as to purpose, place or usage.  In order to be able to purchase a long gun someone must obtain both an unrestricted Certificate of Relief from Disabilities and a Certificate of Good Conduct.  There has been much discussion regarding allowing people to have their rights restored through a Certificate of Relief only.  However, at this time the law has not been changed and a Certificate of Good Conduct is sometimes required. Also, be advised effective 1/30/12, you may no longer use or possess black powder guns or muzzle loaders without the appropriate certificate.

8. Can I serve on jury duty if I get a Certificate of Relief?

 If you are granted a Certificate of Relief and/or a Certificate of Good Conduct you may be considered for jury duty.

9. For how long is a Certificate good?

A Certificate is considered to be temporary if you are on Probation or a Conditional Discharge at the time the Certificate is issued.  It automatically becomes permanent if you successfully complete Probation/Conditional Discharge.  If you are on Probation and are violated the Certificate may be revoked at the discretion of the Judge.  However, if you are re-sentenced to the State Department of Corrections the Certificate of Relief is automatically revoked.  If you are granted a permanent Certificate it will remain in effect unless you are convicted of another felony.  After another felony conviction it is automatically considered null and void.

10. What can I do if I have more than one felony conviction?

You can apply for a Certificate of Good Conduct.   This is granted by the State Board of Parole whether or not you were in state prison or on Parole.  There is a waiting period since your last conviction.   If the most serious crime you were convicted of was a "C", "D", or "E" felony you must wait at least three years from the date of your last conviction or release from state incarceration.  If your most serious crime was a "B" or "A" felony you must wait at least five years. A misdemeanor may be considered and would require a one year waiting period. The felony waiting period is mandatory.

11. Are there protections against discrimination based on criminal convictions?

Unless mandatory disability is imposed by law, employers and licensing agencies are prohibited from denying your employment application because of a criminal record unless:

(a) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought; or 

(b) the issuance of the license or the granting of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

12. What does "mandatory disabilities" mean?

As a result of felony and certain misdemeanor convictions, you may by prohibited by law from engaging in certain types of employment and from applying for certain types of licenses. These disabilities may continue even after you complete the sentence imposed by the court.

13. What are some of the employment and licenses from which formerly incarcerated individuals may be barred?

Legal bars to licenses and employment are contained in various laws enacted by the New York State Legislature. Some examples include employment as a security guard, a private investigator, an insurance broker, and many local civil service positions, as well as licenses to sell liquor wholesale or retail, or for real estate brokers and notaries public. 

14. How can mandatory disabilities be removed?

In its discretion, DOCCS may issue a Certificate of Relief from Disabilities or Certificate of Good Conduct. These two certificates have different eligibility criteria and neither is issued prior to release from incarceration. A certificate may remove mandatory disabilities in general or only those specifically indicated by DOCCS. If either certificate is issued only for specific disabilities, the Parole Board may issue a supplementary certificate granting relief from additional disabilities.

15. Who is eligible for a Certificate of Relief?

By law, individuals eligible for a Certificate of Relief have not been convicted of more than one felony. For this purpose, two or more felony convictions stemming from the same indictment count as one felony. Two or more convictions stemming from two or more separate indictments filed in the same court, prior to conviction under any of them, also count as one felony. 

 

The Parole Board may also issue a Certificate of Relief to eligible offenders who have been convicted in another jurisdiction but who now live in New York State. A Certificate of Relief may be issued upon an eligible individual's release from a correctional facility or at any time thereafter.

16. What effect does a Certificate of Relief have on my status?

A Certificate of Relief may remove any mandatory legal bar or disability imposed as a result of conviction of the crime or crimes specified in the certificate. The Certificate of Relief does not, however, enable you to retain or become eligible for public office. Note that removing mandatory legal bars restores your right to apply and be considered for employment or license, but does not guarantee it will be granted.

 

A Certificate of Relief issued to you upon release or once you are on parole supervision is a temporary certificate. This certificate becomes permanent when you are discharged from supervision. While it is temporary, the certificate may be revoked by action of DOCCS.

17. Who is eligible to apply for a Certificate of Good Conduct?

You are eligible for the Certificate of Good Conduct even if you have been convicted of more than one felony. However, you do not become eligible for a Certificate of Good Conduct until a minimum period of time has elapsed from the date of your unrevoked release from custody by parole or from the date your sentence ended.

 

In cases in which the most serious conviction is a misdemeanor, there must be at least one year of satisfactory community adjustment before a Certificate of Good Conduct can be considered. In cases in which the most serious conviction is a C, D or E felony, you must wait at least three years. In cases in which the most serious conviction is an A or B felony, you must wait at least five years.

18. What effect does a Certificate of Good Conduct have on my status?

A Certificate of Good Conduct has the same effect as the Certificate of Relief. In addition, the Certificate of Good Conduct may restore your right to seek public office. The certificate may remove all legal bars or disabilities or remove only specific bars or disabilities.

 

The Certificate of Good Conduct issued to you while under parole supervision is a temporary certificate. The certificate will become permanent upon discharge from supervision.

19. Where can I obtain more information about Certificates of Relief and Good Conduct, or licensing and employment?

Article 23 of the Correctional Law deals with Certificates of Relief from Disabilities and Certificates of Good Conduct. Article 23A of the Correction Law deals with licenses and employment of persons convicted of criminal offenses

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Probation Department - Electronic Monitoring

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1. Does the SCRAM CAM bracelet make noise?

Yes. When the SCRAM CAM Bracelet takes a reading every 30 minutes, a light buzzing sound can be heard, but is generally reported to be “discreet.”

2. What products should I avoid using while wearing SCRAM CAM?

You should not consume food or beverages that contain alcohol. As noted in your SCRAM Program Participant Agreement, you should also avoid using products on or near the bracelet that contain alcohol. The application of small quantities of cologne or perfume in areas far from the bracelet should not be problematic.

3. Can I exercise with the SCRAM CAM bracelet on? Will it flop around and will that register as tampering?

Exercise does not impact the functions of the bracelet. For comfort, you might want to wear a sweatband or a sock just below or over the bracelet to prevent it from “bouncing” on the ankle bone. Just make sure nothing gets between the bracelet and your leg.

4. Can I wear boots or leggings with the SCRAM CAM braclet?

You can’t wear anything that comes between the skin and the bracelet. You can wear boots or leggings on top of the bracelet; however, some clients report that wearing boots can cause the bracelet to rub against their skin.

5. Can I shower with the SCRAM CAM braclet? What about swimming or hot tubs?

You are not allowed to submerge the bracelet in water (swimming pools, hot tubs, the bath tub). You can shower, and in fact, you need to shower in order to keep the area around the bracelet clean. You can view the SCRAM CAM Participant Video for a demonstration of the best way to clean regularly around the bracelet.

6. Can I wear cologne or perfume while wearing SCRAM CAM?

Applying a small amount of cologne or perfume to areas far from the bracelet should not be problematic. However, you should avoid using any products on or near the bracelet that contain alcohol, as outlined in your Program Participant Agreement. Be aware that if the bracelet detects environmental alcohol from a product like perfume, your supervising agent may view this as an attempt to tamper with the device and you may be held accountable for violating your Program Participant Agreement.

7. What lotions can I wear with SCRAM CAM?

As outlined in your Program Participant Agreement, avoid lotions with alcohol on or near the bracelet.

8. Can I use hair coloring/hair dye while wearing SCRAM CAM?

As outlined in your Program Participant Agreement, you should avoid using any alcohol-containing products on or around the bracelet. Many clients are exposed to hair color and other similar products without any issues. When in doubt, talk to your PO or supervising agent.

9. What if I kiss someone who has been drinking while I am wearing SCRAM CAM?

Kissing someone who has been drinking has no impact on SCRAM CAM testing or results.

10. I am on house arrest and/or GPS, how do I make a schedule change?

During business hours: call the Probation Department at 585-243-7190  and ask to speak with your assigned Probation Officer. 

For after-hours emergency issues: call 585-243-7190 for the 24/7 voicemail. Obtain the name and phone number of the on-call Probation Officer and send a text message or complete a phone call with her emergency request. 

11. What is House Arrest (curfew restriction) monitoring?

House arrest or home confinement requires individuals to remain in their home with the exception of pre-approved scheduled times out for school attendance, medical or therapy visits, work, probation, etc.

12. What happens if I tamper with or remove the SCRAM House Arrest bracelet?

The House Arrest ankle bracelet is visually inspected during office visits for any evidence of tampering or damage. Your Probation Officer also receives notification if the device has been tampered with. Your Officer investigates all suspected tampers and reports such activity to the court after confirmation.

13. Can I get the SCRAM House Arrest bracelet wet?

Yes. The House Arrest ankle bracelet is waterproof; however, we do not recommend leaving the device in water for long periods of time.

14. How do I get a good photo when the Remote Breath device takes my picture?

Follow the same steps for “How do I take a breath test?” above. If the device cannot take a good photo it will provide you with instructions to correct the issue. Follow the prompts on the device’s screen.

15. Why did my Remote Breath device require me to retest?

Your device may prompt you to retest if your testing photo does not meet the quality necessary to automatically match it to your enrollment photo.

16. What if I’m at work and don’t want the audible testing prompts to sound. How do I silence the device?

Press the Mute button to silence the device. The red light above the sound button will continue to blink even if the device is silenced.

17. How often do I need to charge my Remote Breath device?

You should charge your device every day until the light above the battery icon is green. This will ensure you have enough battery life to take your required tests. Many clients make it a habit to plug in their devices when they go to bed so that they are fully charged for the next day.

18. How do I charge the Remote Breath device?

Plug the device into any AC power outlet using the provided power cord.

19. Can I take a test while the Remote Breath device is plugged in and charging?

Yes. You can take a test while the device is plugged in.

20. My Remote Breath device has different colored solid and blinking lights above the battery icon. What do the lights mean?

The lights indicate the level of battery charge available and whether the device is plugged in:

• Blinking green: Fully charged, but not plugged into a power source
• Blinking yellow: Charge is low
• Blinking red: Charge is critically low
• Solid green: Fully charged and plugged into a power source
• Solid yellow: Charging, but still low
• Solid red: Charging, but still critically low

21. How do I clean my Remote Breath device?

The best way to keep your device clean is to keep it in its case in-between tests. If you need to clean SCRAM Remote Breath, use a mild, non-alcohol based disinfectant cleaner and a soft cloth. Do not submerge the device in water. Breath tubes can be cleaned in a dishwasher or with warm water and dish soap.

WARNING: The use of an alcohol-based cleaner or disinfectant could damage the device and could be viewed by your officer as an attempt to tamper.

22. Can Remote Breath breath tubes be reused?

Yes. You can reuse breath tubes and they can be cleaned in a dishwasher or with warm water and dish soap. Contact the company or agency handling your monitoring if you need additional breath tubes.

23. Can my Remote Breath device get wet?

No. The device should never be exposed to water.

24. I wear glasses. Do I need to take them off when I test on my Remote Breath Device?

Consistency is what matters. If you took your enrollment test with glasses you should wear them every time you take a test. If you did not wear glasses in your first test, then take them off every time.

25. Is there another way to be reminded in case my device is not close to me when I need to test?

Yes. You can ask your officer to set up a courtesy text message reminder to your mobile phone.

26. What is GPS monitoring?

GPS stands for Global Positioning System.  The GPS ankle bracelet records movements 24 hours a day using a system of satellites and computers. Location information from the GPS monitoring system allows your Probation Officer to determine your whereabouts, as well as notification of entering any exclusion zones.

27. What happens if I tamper with or remove the SCRAM GPS bracelet?

The GPS ankle bracelet is visually inspected during office visits for any evidence of tampering or damage. Your Probation Officer also receives notification if the device has been tampered with. Your Officer investigates all suspected tampers and reports such activity to the court after confirmation.

28. Can I get the SCRAM GPS bracelet wet?

Yes. The SCRAM GPS ankle bracelet is waterproof; however, we do not recommend leaving the device in water for long periods of time.

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Probation Department - Financial Information

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1. How do I make a payment?

The Livingston County Probation Department accepts payments for DWI/DWAI Supervision Fees, Electronic Home Monitoring Fees, Livingston County Court ordered Fines, and Restitution.

Payment must be in the form of cash (if payment is made in person), certified bank check or money order.  Please do not send cash in the mail. 

Payments may be sent to:  Livingston County Probation Department, 6 Court St, Room 101, Geneseo, NY 14454. 

Payments may also be made online at: https://www.govpaynow.com/gps/user/plc/9473

2. What type of payment options do you accept?

The Livingston County Probation Department accepts cash, certified or bank check, money orders, or credit/debit cards. 

3. Can I make a payment online?

Yes. Please visit: https://www.govpaynow.com/gps/user/plc/9473

4. I was ordered to pay a fine out of a local court, where do I pay?

You must pay your fine to the sentencing court. If you case is a transfer, please consult with your assigned Probation Officer to confirm payment location. 

5. I was ordered by Livingston County Court to pay a fine, where do I pay?

Livingston County Court fines are paid at the Livingston County Probation Department. Please see the Financial Services Page for payment options. 

6. I was ordered by Livingston County Court to pay mandatory surcharges, where do I pay?

Fees and surcharges are paid to the Livingston County Clerk: 6 Court Street -Room 201 Geneseo, NY 14454. Payments accepted: cash, check, or money order

7. I was ordered to pay surcharges out of a local court, where do I pay?

You pay surcharges and fees directly to the sentencing court. 

8. How do I pay restitution?

The Livingston County Probation Department is the collection agency for all restitution ordered. Please see the Financial Services Page for payment information. 

9. What is my balance?

Please call the Livingston County Probation Department at (585)243-7190 and someone can assist you in obtaining your financial obligation balances. 

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Probation Department - Ignition Interlock

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1. What do I do if I have been sentenced to a Conditional Discharge or Probation Supervision and am required to install an IID?

Once ordered to install an IID by a court, an IID shall be installed in any vehicle owned (titled, registered & insured) and/or operated within in ten business days of the conditional discharge or sentence of probation or release from incarceration. Even if you are given a stay on your driver's license suspension/revocation, an IID needs to be installed during this aforementioned timeframe if you plan to drive your vehicle. 

2. Where can I get an IID Installed?

The following vendors are qualified IID installers in the State of New York: Draeger, Consumer Safety Technology (Intoxalock), #1 A Lifesaver and Smart Start. After selecting your vendor, call to set up an account and they will schedule your initial appointment with a service provider closest to you. 

3. What IID Classes are accepted by the Livingston County Probation Department?

There are three different IID classes: Class I, Class II and Class III-all of which are accepted by the Livingston County Probation Department. 

4. How often do I have to have my IID calibrated?

You are responsible for delivering the vehicle(s) equipped with the IID to the installer for the inspection and calibration checks as required by the installer.

5. Can I install an IID in a vehicle I do not own?

If you plan to install an IID in a vehicle that you do not own, written and notarized permission for the ignition interlock installation must be completed by the vehicle's titled owner.

6. What if I am required to install the IID, but I cannot afford it?

You must submit Financial Disclosure Report to the sentencing court. If the court determines you are unable to afford the fees/charges associated with the installation or maintenance of an IID, or you are able to make partial payment, your Orders and Conditions of Conditional Discharge Related to the Ignition Interlock Device must be submitted to your IID vendor to receive your reduction in payment.

7. Can another individual blow into my IID?

You shall not request, solicit or allow other person(s) to blow into the IID, or start the motor vehicle with the device, for the purpose of providing you with an operable motor vehicle.

8. What are considered violations of the Ignition Interlock Device and are they reported to the sentencing court?

The Livingston County Probation Department is required to notify the sentencing court and district attorney of the following violation events:

• When an operator has failed to have installed the ignition interlock device on his/her own vehicle(s) or vehicle(s) which he/she operates.
• Any report of alleged tampering with or circumventing an ignition interlock device or an attempt thereof.
• any report of a failed start-up re-test
• any report of a missed start-up re-test
• any report of a failed rolling re-test
• any report of a missed rolling re-test
• Where the operator has not complied with a service visit requirement, and has not had his/her vehicles promptly serviced within the three business days immediately following the missed service appointment

The Livingston County Probation Department is required to notify the Court and District Attorney’s Office regarding any violation events.  At that time the sentencing court may summon you to court to question you about the violation event, or choose to take no further action.  

9. How long am I required to have the IID installed on my motor vehicle?

For the duration of your sentence. However, the IID restriction may be terminated prior to the end of your sentence, if the device has been installed and successfully maintained in a vehicle for at least six months. Please be advised, an individual under probation supervision that is required to install an IID has more restrictions than an individual who has been sentenced to a conditional discharge to include an IID. For example, when sentenced to a probation sentence an individual has to successfully drive with an IID for at least six months prior to being considered eligible to remove the IID.  

10. What do I do when it is time to remove my IID?

If/when you have successfully completed your required IID period, the Livingston County Probation Department will submit a request to your sentencing court requesting removal of your IID. If the request is denied, you will be required to maintain your IID for the remainder of your sentence, at which time the Livingston County Probation Department will provide you paperwork to remove you IID. If your request is approved, the Livingston County Probation Department will provide you with the IID removal paperwork. 

When it is time to remove your IID, the Livingston County Probation Department will send your IID vendor paper work authorizing the deinstallation of your IID and you will also be provided with a copy of such. To have the IID restriction removed from your license, you will need to present the New York State Department of Motor Vehicles with this form prior to removing your device. 

***It should be noted, if your final download is unviewable to the installer OR includes any positive alcohol readings the device should remain installed until further notice from the sentencing court and/or the Livingston County Probation Department.

11. What is required if I have been sentenced to a Conditional Discharge and ordered to install an IID, but I do not own a motor vehicle?

If you were sentenced to a conditional discharge and you did not own or operate a vehicle throughout your conditional discharge period, you will be provided documentation at the end of your sentence which you will need to present to the New York State Department of Motor Vehicles to have the IID restriction removed from your license. 

12. What is required if I have been sentenced to Probation Supervision and ordered to install an IID, but I do not own a motor vehicle?

If you were sentenced to probation supervision and you did not own or operate a vehicle throughout your probation sentence, you will be provided documentation at the end of your sentence which you will need to present to the New York State Department of Motor Vehicles to have the IID restriction removed from your license. It should be noted you will not be given permission to remove your IID unless all money has been paid to the Livingston County Probation Department. 

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Probation Department - Juvenile Services

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1. How do I file a PINS Referral?

Complete the PINS Referral Form and send to the Livingston County Probation Department via email (probation@co.livingston.ny.us) or mail. 

2. Where can I find help for my child?

Please see our additional resources page for services available in and around Livingston County. Also, contact your child's pediatrician and/or school social workers and counselors for information. 

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Probation Department - Pre-Trial Services

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1. What is the contact information for Pre Trial Services?

You may reach Pre-Trial Services at (585)243-7118. 

Pre-Trial Services is located within the Livingston County Probation Department:

6 Court St Rm 101

Geneseo, NY 14454

2. What are the hours of Pre-Trial Services?

• Monday, Tuesday, Friday: 8:00am - 4:00pm
• Wednesday and Thursday: 8:00am - 5:00pm

3. Will I have to remain substance free for the duration of my Pre-Trial Services period?

Should the Court order you to do so, you must abstain from using alcohol and all illegal substances.  In addition, you must refrain from using marijuana, unless you are legally prescribed and can show proof of such.  If you are prescribed a controlled substance, you must take it in the prescribed dosage, and show proof of prescription.

4. How do I do web or online reporting (Ce Check -In)?

Online Web Reporting can be found here: https://www.cecheckin.com/client/account/signin

For instructions, please refer to the Ce Check-In Handbook you were given by your PTS Officer or assigned Probation Officer. 

5. What if I forgot my PIN for Ce Check-In?

Your PIN can be acquired from your Assigned Probation Officer or your PTS Officer.

Or, you can refer to the Ce Check-In Handbook given to you at the time Ce Check-In was set up. 

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Probation Department - Treatment Court

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1. How do I get into Treatment Court?

A referral has to be made by your attorney, or the District Attorney's office, which is then reviewed by the Treatment Court Team to determine if you are eligible, or have a qualifying offense.

2. What is the phone number for the daily call in line for drug screens?

(585) 371-3942

3. What do I do if I miss a drug screen?

Immediately call the Livingston County Treatment Court Resource Coordinator and your assigned Probation Officer.

4. How long is the treatment court program?

Typically, eighteen months.

5. What can I expect during Treatment Court?

Weekly reporting to court and probation, sober support activities (three per week), drug and alcohol treatment, random screens, mental health (if recommended), and community service hours.

6. Where can I find a list of NA/AA Meetings?

https://www.aa.org

https://na.org

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Probation Department - Victim Services

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1. I am a victim and I misplaced the Victim Impact Statement sent to me. How do I find another one?

You may print, fill out, and send the Victim Impact Statement back to the Probation Department. 

2. I am a victim, how do I change my address?

Please send a completed Victim Change of Address Form to Livingston County Probation Department, 6 Court Street, Room 101, Geneseo, NY 14454.

3. What is restitution?

Restitution is compensation paid to a victim by the perpetrator of a criminal offense for the losses or injuries incurred as a result of the criminal offense.   It must be ordered by the Court at the time of sentencing, and is considered part of the sentence. Restitution may include but is not limited to reimbursement for medical bills, counseling expenses, loss of earnings and the replacement of stolen or damaged property.  Restitution is NOT for payment of damages for future losses, mental anguish or "pain and suffering".

4. Who is entitled to restitution?

Anyone who has been the victim of a criminal offense and has suffered injuries, economic losses or damages can seek restitution.  Many times, victims who deserve restitution do not request it.  This can occur because victims are not aware that they are entitled to restitution, or do not know what steps to take to go about receiving the restitution they deserve. 

5. How do I ask for restitution?

You should contact the DA's office and advise them of the extent of your injury, your out-of-pocket losses and the amount of damages you are requesting. IT IS YOUR RESPONSIBILITY to give the police, DA and upon request, the local probation department copies of the bills and other documents showing the extent of your injuries, your out-of-pocket losses and the amount of damages you want considered by the Court!  Your claim for restitution will be included in any probation investigation report (pre-sentence, pre-plea or pre-disposition report).  Be sure to: 1. Keep accurate records such as original receipts of any expenses you have as a direct result of the criminal offense. 2. Give copies of these receipts to the police, DA and local probation department. 3. You need to clearly explain your need for restitution as soon as possible to the DA, the victim/witness advocate, and the probation department.  Unless waived by mutual consent, plea agreements can occur within days of the actual criminal offense. If this information is not provided before sentencing, you may have to pursue reimbursement of your losses in Civil Court.  4. In most felony criminal cases, many misdemeanor criminal cases and all juvenile delinquency and persons in need of supervision (PINS) cases, a pre-sentence or predisposition investigation report is required. The local probation department will contact you about the issue of restitution as it pertains to your case.

6. How is restitution ordered?

The DA is under an obligation to petition the Court to order restitution on your behalf. When the District Attorney's (DA) office advises the Court that you have requested restitution or when the victim impact statement contained in the probation investigation report (pre-sentence, pre-plea or pre-disposition report) indicates that the victim seeks restitution, the Court must order restitution unless the interests of justice dictate otherwise.  When the judge does not order restitution, the judge must clearly state his/her reasons on the record.

7. How is restitution determined?

The amount of restitution is based on proof of your out-of-pocket losses incurred as a result of the criminal offense.  The perpetrator has a right to object to the amount of restitution.  The Court may hold a hearing on the issue of restitution where the Court may consider the perpetrator's ability to pay.  The DA's office may contact you and ask you to testify at the restitution hearing.  If you have a concern about appearing personally in Court, you should explore alternatives with the DA assigned to your case.

8. Are minors (juveniles) ordered to pay restitution?

Minors can be ordered to pay restitution typically by the Family Court. However, restitution from juvenile delinquents is limited to $1,500 and restitution from persons in need of supervision (PINS) is limited to $1,000.  Additional restitution may be pursued civilly under certain circumstances against the parent or guardian of the minor.

9. Do I have any legal rights as a crime victim? Do different victims have different rights?

Yes, you have many, many rights as a crime victim.  Child victims have additional rights beyond those of adult victims, and there are some specific rights afforded domestic violence victims and rape and sexual assault victims.

10. The police and DA have my property. They say they need it as evidence. When can I get my things back?

Law enforcement agencies and DA's shall promptly return property held for evidentiary purposes unless there is a compelling reason for retaining it relating to proof at trial.  The court will assist in and expedite the return of such property.

11. Do I have the right to know what is happening to the person accused of committing the crime against me?

Yes, you do have many rights to know about the status of the judicial proceedings for the person accused of committing the crime against you.  You have the right, too, to know the final disposition of the case and, in certain cases, you may be entitled to know of an inmate's release from jail. 

12. I wish the person who committed this crime could understand what it has done to my life and the lives of my loved ones. How can I explain this to him/her?

In certain cases, the DA shall consult the victim to obtain the views of the victim regarding the disposition of the criminal case.  In addition, you will receive a "victim impact statement" from the Probation Department in which your version of the offense and the extent of your injury out-of-pocket and other economic losses are summarized for the court.  In cases where the defendant is imprisoned, you will be notified of your right to submit a victim impact statement to the Division of Parole or to meet with a member of the Parole Board.  

13. I am afraid of the person who committed the crime against me. How can I be protected?

You have the right to be protected from threats, physical injury, or other kinds of intimidation.  The police, sheriff's department, probation department or DA can offer advice regarding appropriate measures to keep you safe.

14. When can I expect to receive my restitution money?

• Restitution payments are made to the local probation department by the defendant.  Payments are based on the amount ordered and disbursed according to the schedule of payments in the restitution order.  The appropriate restitution collection agency will then send a check to you accordingly. 
  • You must furnish the restitution collection agency with your current address.  Always notify the restitution collection agency of your change of address by using the Victim Change of Address Form
  • If the New York State Crime Office of Victim Services has paid your bills, the Court may order that restitution payments be made to the OVS for those paid items.
  • If you filed a claim with the New York State Office of Victim Services, it is important that you advise the OVS if the Court orders the perpetrator to pay restitution. 

15. What services does Office of Victim Services provide victims?

OVS provides compensation to innocent victims of crime for their out-of-pocket losses related to the crime.  OVS funds local victim assistance programs that provide a variety of direct services to crime victims, including helping victims complete their OVS application for assistance.  OVS advocates for the rights and benefits of all innocent victims of crime.

16. Who may be eligible for compensation from the Office of Victim Services?

• The victim must be an innocent victim of the crime
• Victims of crime who were physically injured as a result of the crime
• Victims of crime who are under 18, 60 and over, or disabled, who were not physically injured
• Certain relatives and dependents, including surviving spouse, child, parent, brother, sister, stepbrother, stepsister, stepparent or person primarily dependent on the victim for support
• Those who paid for or incurred burial costs for an innocent crime victim
• Child victims, a child who witnesses a crime, and the child's parent, stepparent, grandparent, guardian, brother, sister, stepbrother or stepsister
• Certain victims of unlawful imprisonment or kidnapping
• Certain stalking victims
• Victims of terrorist acts outside of the US who are a resident of New York State
• Victims of frivolous lawsuits brought by a person who committed a crime against the victim

17. What kinds of expenses may I get compensated for by the Office of Victim Services?

The OVS offers compensation related to: personal injury, death and loss of essential personal property. The specific expenses OVS may cover include: Medical and counseling expenses, Loss or damage of essential personal property (up to $500, including $100 for cash), Burial/funeral expenses (up to $6,000), Lost wages or lost support (up to $30,000), Transportation (necessary court appearances for prosecution or to related medical appointments), Occupational/vocational rehabilitation, Use of domestic violence shelters, Crime scene clean-up (up to $2,500), Good Samaritan property losses (up to $5,000), Moving expenses (up to $2,500)

18. What if my property was lost, damaged or destroyed because of the crime?

If you are under 18, 60 or over, disabled or were injured, you may apply for benefits to repair or replace your essential personal property lost, damaged or destroyed as a direct result of a crime that was not covered by any other source. Essential means necessary for your health and welfare, like eyeglasses, cash and clothes.

19. What are the steps to receive Office of Victim Services (OVS) compensation?

Visit: Office of Victim Services Website

1. Complete the OVS application form. 2. Meet the eligibility requirements 3. Have a compensable out-of-pocket loss or have one at a later time

20. Are there other ways I can be compensated for my losses related to the crime?

You can also file a civil lawsuit against your offender or a liable third party (e.g. if your landlord fails to supply sufficient lighting or other security measures) for recovery for your losses.  If you decide to file a civil lawsuit, you will need to see an attorney who will explain your choices and advise you. If the crime occurred during the course of employment or arising out of employment, you may be eligible for workers' compensation benefits.  The workers' compensation benefits you may be eligible to receive are: medical care, payment for lost wages, payment for permanent disability, rehabilitation or death benefits. If the crime is related to a vehicle, you may qualify for benefits under an automobile insurance policy or MVAIC.  You may be eligible for compensation from other sources such as: mortgage insurance, homeowner's/renter's insurance, liability insurance, disability (private or state), veteran's benefits, social security benefits or a funeral/burial policy.