CPL 390 Flashcards
390.10- Requirement of fingerprint report
The court may not pronounce sentence for felonies and misdemeanors until it has received a _________ report from DCJS or a police department report with respect to the defendant’s prior criminal record.
The court can use the original fingerprint report obtained after the arrest or arraignment
Fingerprint …………….
390.15- Requirement of HIV testing in certain cases
- In any case where defendant is convicted of felony sexual acts including oral or anal sexual conduct or the basic sexual intercourse, the court (MUST/MAY)upon request of the victim order the defendant submit to HIV testing
- The test results are NOT provided to the court but to the __________ AND __________ only.
- Disclosure need not be completed prior to ___________
MUST……… defendant and victim ………. sentence
390.15- Requirement of HIV testing in certain cases
Such a request of the victim MUST be in writing filed with the court and provided to the defendant or counsel. It must be made prior to or within ____________ of the entry of the defendant’s conviction, or with good cause shown can be made any time before sentence
TEN (10) DAYS
390.15- Requirement of HIV testing in certain cases
If the victim is an infant or incompetent the request may be made by a ______________ on their behalf
representative
390.15- Requirement of HIV testing in certain cases
The test must be completed within _____________ from when the court orders it
FIFTEEN (15) DAYS
390.15- Requirement of HIV testing in certain cases
Disclosure of confidential HIV related information shall be limited to the person making the application.
Re-disclosure shall be permitted only to:
- the victim,
- victim’s family,
- guardian,
- physicians,
- attorneys,
- medical and mental health providers,
- past and future contacts of the person
XX
390.15- Requirement of HIV testing in certain cases
Results (CAN/CANNOT) be used as evidence in any criminal or civil proceeding
CANNOT
390.20 - Requirement of pre-sentence report (know this cold)
Pre-sentence reports required for:
- For all __________
- For Misdemeanors
- A. But only for a sentence of MORE than ____________
- B. Consecutive sentences totaling MORE than ___________
- C. A sentence of ______________ unless such sentence is agreed upon by the parties and will be imposed - Permissible in any case upon ___________ request
Felonies
180 DAYS
90 DAYS
probation
court’s
390.20 - Requirement of pre-sentence report (know this cold)
Such Pre- sentence report may be waived under these guidelines with the mutual consent of the parties including the Judge when:
- A sentence of imprisonment will be satisfied by __________
- A sentence of ___________ is agreed upon and will be imposed
- A report has been prepared in the past __________
- A sentence of probation is being ____________
time served……… probation…….. 12 months………….. revoked
390.20 - Requirement of pre-sentence report (know this cold)
Pre-sentence report MUST NOT be waived if an __________ sentence of imprisonment is to be imposed
indeterminate
CPL 390.20
Whenever a PSI is waived and the court determines that such information would be relevant, a _______________ shall be provided
Victim Impact Statement
390.20 - Requirement of pre-sentence report (know this cold)
*New: In any city having a population of one million or more, a pre-sentence investigation and written report shall not be required where a negotiated sentence of imprisonment for a term of ____________ or less has been mutually agreed upon by the parties with the consent of the judge, as a result of a conviction or revocation of a sentence of ____________________
365 days…………..probation
390.30- Scope of the pre- sentence investigation and report
A pre-sentence investigation consists of the gathering of information, including the defendant’s criminal history, social history, employment history, family situation, economic status, education and personal habits
XX
390.30- Scope of the pre- sentence investigation and report
When a person is convicted of a Felony or a Class ______ Misdemeanor, or for anyone under the age of __________ convicted of any crime, the court may order that the defendant undergo a physical or mental exam and may order the defendant be held for up to __________ for such exam
A …. 21 … ……… THIRTY DAYS
390.30- Scope of the pre- sentence investigation and report
- Such PSI shall also contain a _____________ unless determined of no relevance.
- In the event of homicide, the victim’s family can assist with such statement.
- It can include extent of injury and economic loss
Victim Impact Statement
390.30- Scope of the pre- sentence investigation and report
*For the conviction of a ____________ , there can now be an abbreviated investigation followed by a short form report
misdemeanor
390.30- Scope of the pre- sentence investigation and report
*Investigating agencies in this section are responsible for the collection of data as to the number of Victim impact statements filed within the year
XX
390.30- Scope of the pre- sentence investigation and report
- Interim Probation supervision is when the defendant is put on probation prior to sentencing.
- It cannot be for more than ___________ but may be extended for an additional year when the defendant is in a program such as (NEW TERM) treatment court. This must be with the consent of the defendant.
- When the defendant is finally sentenced, and if such sentence is for probation, credit will be given for the prior time spent on probation
ONE (1) YEAR
390.40- Pre- sentence memorandum
Either the defendant or prosecutor may at any time prior to the pronouncement of sentence, file with the court a written __________ setting forth information pertinent to the question of sentence.
memorandum
390.40- Pre- sentence memorandum
The prosecutor’s MEMORANDUM shall be served on the defendant’s attorney at least ____________ prior to the date fixed for sentence
TEN(10) DAYS
MEMORANDUM = TEN LETTERS LONG = TEN(10) DAYS
390.50- Confidentiality of pre-sentence reports
In general, information gathered for the pre sentence report is ________
confidential.
390.50- Confidentiality of pre-sentence reports
The report is made available to the court for examination and copies for defendant’s attorney or defendant if pro se, and prosecutor, not less than __________ prior to sentence
ONE (1) COURT DAY
390.50- Confidentiality of pre-sentence reports
*When the defendant intends on using the pre-sentence report for appeal or to go before a parole board or (new) an application for resentencing pursuant to section 440.46 or 440.47 of this chapter, a written request to the court for copies shall be made.
The court shall respond to the written request within ___________
TWENTY (20) DAYS
390.50- Confidentiality of pre-sentence reports
- The Prosecutor SHALL give at least ___________ notice to the victim or the victim’s family of the date of sentencing for an opportunity to make a statement at sentencing
- The victim or victim’s family MUST inform the court of its intentions at least ____________ prior to sentencing date
- Failure to provide reasonable notice to the defendant or victim can result in adjournment of sentencing for no more than ____________
TWENTY-ONE (21) DAYS………. TEN(10) DAYS ……….. SEVEN(7) DAYS
390.50- Confidentiality of pre-sentence reports
The probation department shall provide a copy of the Presentence report to state departments who issue state licenses for education and medical care.
Such reports shall be forwarded every _____________ and shall be in writing (hard copy or electronically) and MUST contain:
- The name of licensee and profession held
- The date of conviction and the nature thereof
- The index number of case
THREE (3) MONTHS
390.60- Copy of reports to accompany defendant to prison
Whenever a person is sentenced to a term of imprisonment, a copy of the pre-sentence report, a copy of the pre-sentence memorandum filed by the DEFENDANT, a copy of medical, psychiatric and social agency report must be delivered to person in charge of correctional facility where defendant is committed AT THE TIME ______________
While failure to provide these documents does not void sentence, the person in charge of facility can refuse to accept custody of defendant without these documents
Reminder: The stenographic minutes of the sentencing proceeding can take a month to get there
DEFENDANT IS DELIVERED
