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 adjournment in contemplation of dismissal in accordance with section 170.55 of the criminal procedure law, or a condition of probation or a conditional discharge, direct that the defendant participate in an education reform program pursuant to subdivision two of section four hundred fifty-eight-l of the social services law.
N.Y. Penal Law § 60.37