Corrections Law 23 Volume 2 Flashcards

1
Q

703-a Certificate of good conduct

A certificate of __________ may be granted to relieve an individual of any disability or to remove any bar to employment automatically imposed by law by reason of conviction of crime or offense specified therein.

A

good conduct

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2
Q

703-a Certificate of good conduct

Certificate of good conduct:

  1. may be limited to one or more disabilities or bars, or
  2. may relieve individual of all disabilities and bars
A

703-a Certificate of good conduct

Certificate of good conduct:

  1. may be limited to one or more disabilities or bars, or
  2. may relieve individual of all disabilities and bars
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3
Q

703-a Certificate of good conduct

Conviction of a crime or offense specified in a certificate of good conduct shall not be deemed to be a conviction barring any employment, a disability to exercise any right or a disability to apply or receive any license, permit, or other authority or privilege covered by certificate. However, conviction of A-1 felony or violent felony offense (PL 70.02) imposes a disability to apply or receive a license as per PL __________

A

400.00 (firearms).

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4
Q

703-a Certificate of good conduct

Certificate of good conduct shall not ________ any judicial, administrative, licensing, or other body, board, or authority from considering conviction specified therein in accordance with article 23-a of this chapter.

A

prevent

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5
Q

703-b Issuance of certificate of good conduct

Certificate of good conduct may be issued by:

  1. department of corrections and community supervision
  2. Department may issue if satisfied that:
    1. applicant has conducted himself in manner warranting issuance for __________ provided by law
    1. relief is consistent with ____________ of applicant
    1. relief is consistent with ___________
A

minimum period ……… rehabilitation …… public interest

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6
Q

703-b Issuance of certificate of good conduct

Certificate may also be issued to any person previously convicted of a crime in _____________ if department is satisfied that applicant demonstrates facts or circumstances and specific section of NYS law that have an adverse impact on applicant, and:

    1. applicant has conducted himself in manner warranting issuance for minimum period provided by law
    1. relief is consistent with rehabilitation of applicant
    1. relief is consistent with public interest
A

another jurisdiction

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7
Q

703-b Issuance of certificate of good conduct

The minimum required period of good conduct is as follows:

  • misdemeanor ________
  • C, D, or E felony __________
  • B or A felony __________
A

1 year…… 3 years…….. 5 years

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8
Q

703-b Issuance of certificate of good conduct

Period of good conduct shall be measured from:

  1. date of payment of any fine imposed, or
  2. the suspension of sentence, or
  3. date of unrevoked release from custody by parole, or
  4. date of commutation of sentence, or
  5. date of termination of sentence.
A

703-b Issuance of certificate of good conduct

Period of good conduct shall be measured from:

  1. date of payment of any fine impose, or
  2. the suspension of sentence, or
  3. date of unrevoked release from custody by parole, or
  4. date of commutation of sentence, or
  5. date of termination of sentence.
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9
Q

703-b Issuance of certificate of good conduct

Board shall have power to ______ persons when an application is made.

A

investigate

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10
Q

703-b Issuance of certificate of good conduct

Board may at any time issue a new certificate _________ relief previously granted.

A

enlarging

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11
Q

703-b Issuance of certificate of good conduct

Certificate issued by the department shall be deemed to be a ____________ until the offender is discharged from the board’s supervision.

A

temporary certificate

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12
Q

703-b Issuance of certificate of good conduct

  • Certificate may be revoked for violation of conditions of __________ or __________
    Revocation shall be on notice to parolee who shall be given opportunity to explain violation prior to decision of the department.
  • If the certificate is not revoked, it shall become a _____________ upon expiration or termination of the department’s jurisdiction over the offender.
A

parole or release……… permanent certificate

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13
Q

703-b Issuance of certificate of good conduct

Such action shall be deemed a judicial function and not ________

A

reviewable.

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14
Q

704 Effect of revocation; use of revoked certificate

Upon receipt of written notice of revocation of temporary certificate, person shall ________ certificate to the issuing department or court.
Disabilities and forfeitures are thereby ___________

A

Surrender ………. reinstated.

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15
Q

704 Effect of revocation; use of revoked certificate

A person who knowingly uses a revoked certificate shall be guilty of a ____________

A

misdemeanor.

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16
Q

705 Forms and filing

Court or department issuing or revoking any certificate shall immediately file a copy of the certificate or order of revocation with the NYS ____________ .

A

identification intelligence system

17
Q

706 Certificate not to be deemed to be a pardon

A certificate shall not be deemed to be a _________ and does not alter a person’s right to apply to the governor for a _____________.

A

Pardon……… pardon