Articles 420 & 430 Fines, Restitution or Reparation & Sentences of Imprisonment Flashcards
CPL 420.05
Select the correct answer.
When a fine is imposed as a sentence, it may be paid:
(a) by credit card, only for a violation under the vehicle and traffic law
(b) by credit card, for any offense
(c) by cash or personal check only, for any offense
(d) only by cash.
Answer: (b)
Choice (b) is correct (CPL 420.05) with respect to fines, mandatory surcharges or fees.
CPL 420.10-1
Select the correct statement concerning collection of fines, restitution and reparation:
(a) When a sentence includes both a fine and restitution or reparation in scheduled payments, payment of the fine takes priority over payment of the restitution or reparation
(b) When defendant has posted his own cash bail, it must be used to pay a fine, restitution or reparation
(c) When defendant has posted his own cash bail, the court may order that it be used first for payment of restitution or reparation, and then for payment of the fine
(d) When defendant has posted his own cash bail which is insufficient for payment of a fine and restitution or reparation, the cash bail must be applied toward these payments in the same proportion that these amounts bear to each other.
Answer: (c)
Choice (c) is correct (CPL 420.10-1). This is specifically at the court’s discretion.
CPL 420.10-4
Select all correct statements concerning the period of imprisonment that may be imposed because a fine, restitution or reparation has not been paid.
(a) For a misdemeanor, the period may not exceed six months
(b) For a misdemeanor, the period may not exceed one-third of the maximum term authorized for the offense
(c) For a felony, the period may not exceed one year
(d) For a petty offense, the period may not exceed fifteen days
(e) If imprisonment was part of the sentence, the additional term of imprisonment may result in imprisonment for more than the maximum authorized term.
Answers: (b), (c) and (d)
Choices (b), (c) and (d) are correct (CPL 420.10-4).
Note amendment to subdivision 5 changed “inmate” to “incarcerated individual.”
CPL 420.10-6
Select all correct statements concerning collection of a fine, restitution or reparation:
(a) The court’s order for payment must be in writing
(b) The court’s written order for payment shall be entered by the county clerk in the same manner as a judgment in a civil action
(c) The court’s order for payment may be collected as a judgment even if the defendant was imprisoned for failure to pay
(d) An order for payment of restitution or reparation may be collected by the victim in the same manner as a judgment in a civil action.
Answer: (a), (b), (c) & (d)
All choices are correct.
CPL 420.20
Select all correct statements concerning a fine, reparation or restitution imposed as a sentence on a corporation.
(a) The corporation may be permitted to pay the fine in installments, as provided for non-corporate defendants
(b) The fine, restitution or reparation may be collected in the same manner as a judgment in a civil action
(c) In New York City, it is the duty of the district attorney of the county in which the sentencing court is located to institute proceedings to collect the fine, reparation or restitution
(d) In New York City, it is the duty of the corporation counsel of the city to institute proceedings to collect the fine, reparation or restitution.
Answers: (b) and (d)
Choices (b) and (d) are correct (CPL 420.20).
CPL 420.30
Which of the following may be subject to remission?
(a) a mandatory surcharge
(b) a fine
(c) sex offender registration fee
(d) DNA databank fee
(e) crime victim assistance fee.
Answer: (b)
CPL 420.30 provides that choices (a), (c), (d) and (e) may generally not be remitted.
CPL 430.10
Select the correct statement concerning a change, suspension or interruption of a sentence imposed according to law for a term of imprisonment once the period of imprisonment has commenced.
(a) The sentence may not be changed, suspended or interrupted
(b) Only the sentencing judge has authority to change, suspend or interrupt the sentence
(c) Only the parole board has authority to change, suspend or interrupt a sentence
(d) The sentencing judge or the parole board has authority to change, suspend or interrupt a sentence.
Answer: (a)
Choice (a) is correct (CPL 430.10). Except as may be specifically authorized by law, when a period of imprisonment commences, the sentencing judge’s authority as to sentence is ended. A parole board does not in any case change, suspend or interrupt a sentence. They may permit a sentence to continue to be served while outside the institution, or, by denying parole, require that the sentence be served within the custodial institution.
CPL 430.20-3
Select the correct answer.
In the case of a definite sentence of imprisonment by a New York City court, the defendant must be committed to the custody of the:
(a) State Department of Corrections and Community Supervision
(b) State Bureau of Prisons
(c) City Department of Correction
(d) local reformatory.
Answer: (c)
Choice (c) is correct (CPL 430.20-3).
CPL 430.30
Select the correct answer.
In counties outside New York City which do not have a Commissioner of Correction, the responsibility for delivering sentenced defendants to the proper institution for commitment is on the:
(a) local police
(b) county sheriff
(c) state police
(d) court officer of the sentencing court.
Answer: (b)
Choice (b) is correct (CPL 430.30).
In New York City, and in counties outside New York City that have a Commissioner of Correction responsible for detention of defendants in criminal cases, delivery of sentenced defendants to the proper institution is the responsibility of the appropriate Commissioner of Correction.
