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All CPL 2024 > CPL 390 > Flashcards

CPL 390 Flashcards

1
Q

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

A

Fingerprint …………….

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2
Q

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 ___________
A

MUST……… defendant and victim ………. sentence

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3
Q

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

A

TEN (10) DAYS

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4
Q

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

A

representative

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5
Q

390.15- Requirement of HIV testing in certain cases

The test must be completed within _____________ from when the court orders it

A

FIFTEEN (15) DAYS

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6
Q

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
A

XX

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7
Q

390.15- Requirement of HIV testing in certain cases

Results (CAN/CANNOT) be used as evidence in any criminal or civil proceeding

A

CANNOT

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8
Q

390.20 - Requirement of pre-sentence report (know this cold)

Pre-sentence reports required for:

  1. For all __________
  2. 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
  3. Permissible in any case upon ___________ request
A

Felonies
180 DAYS
90 DAYS
probation
court’s

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9
Q

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:

  1. A sentence of imprisonment will be satisfied by __________
  2. A sentence of ___________ is agreed upon and will be imposed
  3. A report has been prepared in the past __________
  4. A sentence of probation is being ____________
A

time served……… probation…….. 12 months………….. revoked

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10
Q

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

A

indeterminate

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11
Q

CPL 390.20

Whenever a PSI is waived and the court determines that such information would be relevant, a _______________ shall be provided

A

Victim Impact Statement

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12
Q

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 ____________________

A

365 days…………..probation

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13
Q

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

A

XX

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14
Q

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

A …. 21 … ……… THIRTY DAYS

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15
Q

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
A

Victim Impact Statement

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16
Q

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

A

misdemeanor

17
Q

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

A

XX

18
Q

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
A

ONE (1) YEAR

19
Q

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.

A

memorandum

20
Q

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

A

TEN(10) DAYS

MEMORANDUM = TEN LETTERS LONG = TEN(10) DAYS

21
Q

390.50- Confidentiality of pre-sentence reports

In general, information gathered for the pre sentence report is ________

A

confidential.

22
Q

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

A

ONE (1) COURT DAY

23
Q

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 ___________

A

TWENTY (20) DAYS

24
Q

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 ____________
A

TWENTY-ONE (21) DAYS………. TEN(10) DAYS ……….. SEVEN(7) DAYS

25
Q

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:

    1. The name of licensee and profession held
    1. The date of conviction and the nature thereof
    1. The index number of case
A

THREE (3) MONTHS

26
Q

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

A

DEFENDANT IS DELIVERED

All CPL 2024 (54 decks)

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